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