James Nay letter to Metro
Santa Cruz
re: Cops tabling on Pacific
Ave. in prohibited zone
November 20, 2002
Dear Editor,
Stacie Phelps Sentinel
letter of 11/9 calls me an "idiot" and accuses me of not knowing the
law. She then improperly cites the
"non-commercial display" ordinance as prohibiting a table within ten
feet of a building when the current law sets a 6-foot limit.
No matter. The issue I took with Officer Howes and CSO Gray
and Officer Campbell was not that they were handing out candy and anti-drug
literature, but that they were violating MC
5.43.020 regulating non-commercial displays, a law foisted on the public by authorities within the SCPD itself.
Contrary to Phelps letter,
the offense was not committed on Marini's property, nor could Marini's
authorize a violation of the law. I proved this 3 days later when I set up my
own table, handed out badges and candy in exactly the same location, and
officers informed me my table was violating MC 5.43.020 on a complaint by Miss
Hattie Busybody and NOT a trespassing complaint by Marini's.
I have the right to make a
citizens arrest for a violation of the law
committed in my
presence (PC 837). I stated the law to the officers, asked them to stop, and
when they refused, I requested a citizen’s arrest. Officers
Howes, Rodriques, Campbell, Lunnen, and Phelps (family member?)
willfully refused. State law, PC 142 which states "Any peace officer who
has the authority to receive or arrest a person charged with a criminal offense and willfully refuses...is punishable" by a fine and/or prison
term.
I take exception to her
calling me "angry, violent, and supremely unintelligent." I never
threatened or harassed the police officers. I am
offended by the comments about drug dealing as I am personally drug, alcohol,
and cigarette-free. Nor do I mind if the officers set up a table and pass out
candy and anti-drug literature as long as all people are given the same
rights. I find these ordinances to be far
too restrictive on
community activities and highly subject to selective enforcement (also a crime)
as this incident clearly demonstrates.
JAMES NAY
P.O. BOX 863 BEN LOMOND, CALIF. 95005-0863
message phone number# 429-8529