Man Arrested For Holding "Impeach" Sign
| Fri Aug. 17, 2007 4:16 PM PDT
Jonas Phillips, a native of Asheville, North Carolina, sometimes stands at an Interstate overpass near his workplace and holds a sign that reads Impeach Bush-Cheney. Wednesday morning, he'd been standing there about ten minutes when he was approached by one Russell Crisp of the Asheville Police Department. Crisp asked Phillips how long he intended to stay in his spot, and Philips said not long--he had to be at work shortly. The officer then asked Phillips for his ID. Phillips asked if he had done anything wrong, and Crisp said only that a sergeant was on the way.
Sergeant Randy Riddle then appeared, told Phillips to put his sign down and to place his hands behind his back. He then arrested and handcuffed Phillips, and—when asked—informed him that he was in violation of County Ordinance 16-2, and that he was obstructing the sidewalk. Phillips replied that Officer Crisp had witnessed a man walk by him and his sign and could therefore attest that the sidewalk had not been obstructed.
According to Phillips, Riddle then yelled "You were obstructing the sidewalk!" "I'm sick of this shit!" and "Here's your fifteen minutes of fame, buddy." (Do you think Crisp has a working knowledge of Warhol?)
Once at the jail, Phillips says he was repeatedly questioned about his memberships in particular groups—Veterans for Peace and the Southeast Convergence for Climate Action. He was then searched, photographed and given a court date.
Phillips reports that in Asheville, it is legal to stage a protest on a city sidewalk without a permit. According to his wife, he has contacted the American Civil Liberties Union for help. Also, the police are considering changing the charge to a state violation of endangering motorists. After all, he must be guilty of something.
Continues Below
Continued From Above
Comments
Submitted by Impeach_Now_Asheville (not verified) on Tue Aug. 21, 2007 7:20 AM PDT.
The Press Release from Asheville Police Department
The Asheville Police Department is a professional, well trained, and accredited agency that is committed to protecting individuals' Constitutional rights. Our Department has assisted with untold rallies and protests to protect citizens' opportunity for free speech while maintaining the safety of all individuals present. The press release attached below describes the facts surrounding this case. Expressing one's opinions must be done in a manner that does not infringe upon the rights and safety of others. In this case, the actions of Mr. Phillips was impeding the flow of traffic and endangering motorists by holding a sign over Interstate 240 during rush hour traffic which could have caused a serious traffic crash. It is unfortunate that this event and the motives of the officers have been misconstrued to represent an act by the Asheville Police Department to deprive someone of their Constitutional rights.
Chief Bill Hogan
For Immediate Release
Aug. 20, 2007
Asheville Police Department
Contact: Police Chief Bill Hogan
Phone: 259-5901, or 552-1900
E-mail: whogan@ashevillenc.gov
APD responds to concerns about charges against West Asheville man
ASHEVILLE ? The Asheville Police Department has received several inquiries about the Aug. 15 arrest of an Asheville man who was holding a sign on the Haywood Road Bridge over Interstate 240, and was subsequently charged with impeding the flow of traffic.
A review of the incident including interviews with the officers discloses the following:
Shortly before 8 a.m., during rush hour on Aug. 15, a person flagged down APD Officer Russell Crisp, who was in his police car on Haywood Road, to inform him that a man was standing on the I-240 overpass and obstructing traffic.
The department had received multiple complaints over a two-week period last month about individuals holding up signs at that same spot.
Officer Russell Crisp arrived to find Jonas Phillips, 35, was holding his sign over the I-240 overpass. When Officer Crisp arrived at the location, Mr. Phillips walked across three lanes of traffic on the bridge, thereby impeding the flow of traffic on Haywood Road.
After Officer Crisp caught up with Mr. Phillips, he asked Mr. Phillips how long he intended to be there. Mr. Phillips replied that he would be there until he had to go to work.
At this point, Officer Crisp called his superior, Sgt. Randy Riddle, who came to the overpass and informed Mr. Phillips that he was in violation of Sec. 16-2 of the city's municipal code pertaining to "Obstruction of streets, sidewalks by persons prohibited."
Sec. 16-2 reads in part:
It shall be unlawful for any person, singly or in a group, to:
(1) Obstruct or cause to be obstructed vehicular or pedestrian traffic on the streets or sidewalks or in parks or other public areas within the corporate limits of the city.
Mr. Phillips was charged and arrested for being in violation of that code, and the department is also examining whether he may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpasses, which poses dangers for motorists passing below.
The officers can attest that as Mr. Phillips held his sign over the edge of the bridge, drivers on the interstate were slowing down and honking their horns, which also created a traffic hazard and impeded the flow of traffic. Interstate 240 on the west side of the city is often congested, especially at rush hour, and this congestion heightens the potential for accidents.
"This city and this police department pride ourselves on protecting people's right to free speech, as long as they don't infringe on the rights, safety and freedoms of others," Police Chief Bill Hogan said. "It was not the content of the sign, but the risks posed to drivers that precipitated our actions."
Submitted by Impeach_Now_Asheville (not verified) on Tue Aug. 21, 2007 7:20 AM PDT.
The Press Release from Asheville Police Department
The Asheville Police Department is a professional, well trained, and accredited agency that is committed to protecting individuals' Constitutional rights. Our Department has assisted with untold rallies and protests to protect citizens' opportunity for free speech while maintaining the safety of all individuals present. The press release attached below describes the facts surrounding this case. Expressing one's opinions must be done in a manner that does not infringe upon the rights and safety of others. In this case, the actions of Mr. Phillips was impeding the flow of traffic and endangering motorists by holding a sign over Interstate 240 during rush hour traffic which could have caused a serious traffic crash. It is unfortunate that this event and the motives of the officers have been misconstrued to represent an act by the Asheville Police Department to deprive someone of their Constitutional rights.
Chief Bill Hogan
For Immediate Release
Aug. 20, 2007
Asheville Police Department
Contact: Police Chief Bill Hogan
Phone: 259-5901, or 552-1900
E-mail: whogan@ashevillenc.gov
APD responds to concerns about charges against West Asheville man
ASHEVILLE ? The Asheville Police Department has received several inquiries about the Aug. 15 arrest of an Asheville man who was holding a sign on the Haywood Road Bridge over Interstate 240, and was subsequently charged with impeding the flow of traffic.
A review of the incident including interviews with the officers discloses the following:
Shortly before 8 a.m., during rush hour on Aug. 15, a person flagged down APD Officer Russell Crisp, who was in his police car on Haywood Road, to inform him that a man was standing on the I-240 overpass and obstructing traffic.
The department had received multiple complaints over a two-week period last month about individuals holding up signs at that same spot.
Officer Russell Crisp arrived to find Jonas Phillips, 35, was holding his sign over the I-240 overpass. When Officer Crisp arrived at the location, Mr. Phillips walked across three lanes of traffic on the bridge, thereby impeding the flow of traffic on Haywood Road.
After Officer Crisp caught up with Mr. Phillips, he asked Mr. Phillips how long he intended to be there. Mr. Phillips replied that he would be there until he had to go to work.
At this point, Officer Crisp called his superior, Sgt. Randy Riddle, who came to the overpass and informed Mr. Phillips that he was in violation of Sec. 16-2 of the city's municipal code pertaining to "Obstruction of streets, sidewalks by persons prohibited."
Sec. 16-2 reads in part:
It shall be unlawful for any person, singly or in a group, to:
(1) Obstruct or cause to be obstructed vehicular or pedestrian traffic on the streets or sidewalks or in parks or other public areas within the corporate limits of the city.
Mr. Phillips was charged and arrested for being in violation of that code, and the department is also examining whether he may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpasses, which poses dangers for motorists passing below.
The officers can attest that as Mr. Phillips held his sign over the edge of the bridge, drivers on the interstate were slowing down and honking their horns, which also created a traffic hazard and impeded the flow of traffic. Interstate 240 on the west side of the city is often congested, especially at rush hour, and this congestion heightens the potential for accidents.
"This city and this police department pride ourselves on protecting people's right to free speech, as long as they don't infringe on the rights, safety and freedoms of others," Police Chief Bill Hogan said. "It was not the content of the sign, but the risks posed to drivers that precipitated our actions."
This is Testosterone induced hallucinations on the part of the police. This man was no obstruction execept in the officer's minds. I think this gentleman should look into filing a civil rights violation and he should fight any change in the arrest title. These cops said it best when one of them said, "I'm sick of this shit." The officers had no intention of stopping a crime but decided to squelch dissent. What country is this?
Diane dear, remember, this is the South. This is not San Francisco, where Michael Savage can be driven off the air by the Board of Supervisors because he doesn't represent "community values." This guy did not represent the "community values" of where he lived.
Submitted by KathyF (not verified) on Sat Aug. 18, 2007 7:45 AM PDT.
You know, I always thought Asheville would be a nice place to live, as it has a high number of veg restaurants.
I guess maybe I've changed my mind.
Submitted by Diane (not verified) on Sat Aug. 18, 2007 8:10 AM PDT.
Kathy, it is indeed surprising that something like this would occur in Asheville. I fear Ashevile has gone the way of the rest of the state.
But Shelly, what happened has little to do with Asheville's geographic location; I have been recording such incidents for years now, and they have taken place all over the United States.
Submitted by dr. bob (not verified) on Sat Aug. 18, 2007 8:24 AM PDT.
Under the Bush new Police State, freedom of speech and assembly have been replaced with arrest and detention. The new presidential signing statements , give the govt. the freedom to declare anyone an enemy combatant or terrorist and intimidate and arrest anyone who protests anything this government is doing, without due process of law (HABEAS CORPUS). It's happening all over the country and will only get worse when Bush declares Martial Law and opens the detention camps to us citizen who protest in any way, the fascist dictatorship that has beCOME theocratic America. The ACLU has it's work cut out for itself, but it will be like shoveling coal against the tide.
Demetria Gordon, it doesn't seem like you've ever heard a word Ron Paul had to say about war and war hawks, if you think he's a "billions for bombs" type, as you say.
Try this Ron Paul statement to see if it fits that view:
http://www.youtube.com/watch?v=jMSxPZbtWks&mode=related&search=
Well said gvc. Congressman Ron Paul took a courageous stand against the Iraq war, unlike Ms. Clinton and others. Ms. Clinton is a Democrat and would not have been going against her party to have voted no on the war and the subsequent funding. For Congressman Paul to go against his party, Cheney,Rove and company, it takes real courage. The party in power(one's own party as well) has tremendous power and it can break rebels. To fight it is remarkable.
I heard Ron Paul on Air America recently, and was disgusted to hear how he favored states' rights on the issue of abortion. The fight against the oppression of women is ongoing. He ain't one of the fighters. I'm a heterosexual male, and proud of it.
Submitted by Diane (not verified) on Sat Aug. 18, 2007 11:06 AM PDT.
"I heard Ron Paul on Air America recently, and was disgusted to hear how he favored states' rights on the issue of abortion"
He also has either the worst, or second to worst, record in protecting animals. He has voted consistently against laws that punish animal cruelty and stop animal fighing, as well as laws to protect lab animals and factory farm animals. His across-the-board votes for the factory farm industry are votes that support massive cruelty, and they are also anti-environmental votes.
Zephyrbag? (interesting...)
Maybe YOU like the idea of having federal government dictate to the States, and the People on medical issues. Maybe you think it's a fine precedent, and that only good will come of it.
Some of us have a different idea in what direction such a precedent heads us.
Maybe YOU think the Constitution enumerates some power that ALLOWS them to dictate on medical matters.
Some of us have yet to read such an enumerated power in the Constitution.
Diane, to put it simply and directly, Ron Paul votes against ANYTHING that the Constitution doesn't SPECIFICALLY empower the Federal government to do.
And he doesn't buy into the: "Interstate Commerce Clause Empowers ANYTHING We Want To Do" argument that has allowed such nonsense as, for example, prohibiting you from growing weed for your own personal use.
Diane, I think that you should be more concerned about the thousands of people, humans, that our military kills in Iraq every month, then Congressman Paul voting on issues that are best left to the state and local government to handle. The federal government handles war, and Congressman Paul gets an A for that. I understand that according to PETA, the real Holocaust is not what happened to the Jews, but what is happening to the millions of chickens. We will agree to disagree.
The Asheville PD is never going to change. It reminds me a lot of the New Orleans PD. It is always going to be an unprofessional operation. The City Fathers don't want anything more. If they were competent they would become a threat against real crime, and real criminals.
Dennis, a society that is willing to torture animals is well prepared to torture and kill people. this war is a prefect example. Stating that one has concerns for other beings than just humans does not preclude concern for humanity; your statement to Diane is slander not logic. BTW, misquoting PETA or any source to bolster a polarizing argument shows limited reasoning and makes one question your motives.
I am glad that Ron Paul is in the Presidential race, but I don't think we are all as ready as he is to just ditch the federal government. Dennis Kucinich who is running as a Democrat has equal respect for the Constitution, and he is the most, and longest, opponent of the Iraq occupation. His is the voice of peace and experience. He deserves our support. Look at his website, watch the youtubes and see for yourself that he is the one!
and now they begin to take the most important thing...
FREEDOM OF SPEECH
congratulations APD when having lunch sometime this week try reading over the constitution (its the one that starts "We the People...", in case you forgot), since the government does not...guess when the book burning begins the Costitution will be the first kindling huh?
Shame on you APD shame on you. i have an idea for ya though...
You could just start running people over with tanks on live TV (pretty efective in China I hear) and that way all those silly hippies, liberals, fags, punks, and the rest of the city that is capable of thinking for themselves and drawing their own opinion wont obstruct any more sidewalks...oh by the way have you guys/gals been to pritchard park lately? I guess public urination, drinking, drug use and fighting is much less offensive.
Ron Paul vs. Dennis Kucinich would probably be my dream race.
The reigning powers in both wings of the Mobius Party will fight tooth & nail, dollar & dirty-trick, to make sure neither part of it comes to be.
Personally, I'd vote for Ron, but a Dennis win wouldn't break my heart.
Dr. Paul doesn't want to "ditch" the federal government. He simply wants to make it operate WITHIN it's legally (Constitutionally) enumerated powers, the way the Founders intended. He WOULD ditch the functions that fall outside of it's defined limits, IF he could get through Congress with his plan (doubtful, but I bet you'd see Congress deal with a Whole Lot of vetos). But at least The DISCUSSION would be taking place, rather than the discussion we've had for years, which amounts to "Which WAY do we expand the role of the federal government?"
After all, it's the Constitution that every Federal official, from the Prezidick down to a buck-private enlistee, swears the oath to. That's why the Founders created the oath in the form it takes.
What is so frustrating in reading the comments above is that anyone thinks there is a perfect candidate out there. So Ron Paul has a view of war that a liberal can stomach, but he doesn't on animal rights. I get that. But at the end of the day, all the candidates are a mixed bag of pros and cons. Except for Mitt Romney, who is a tool, pure and simple. I went to the youtube sited above for the Ron Paul comments, and, man, didn't Romney look like a class A a--hole with that cornball smirk on his face, envoking the great Republican god of war Nyna Leven. "Has he forgotten - forsaken - Nyna Leven?" he kept parroting. What a piece of crap he is to pull that out and swing it around - it was satisfyng to see that Ron Paul kept the audience focus and that there was not a distracting little round of applause for Nyna Leven. Not even a little patter.
"..didn't Romney look like a class A a--hole with that cornball smirk on his face.."
My thoughts exactly.
Looked like his handlers had told him: "Hey, LOOK at the Great response Rudy got by denying he'd ever heard of foreign policy "blowback", and evoking (I love this) Nyna Leven! Let's have YOU pounce on the first opportunity at the 9-11 applause line next debate! It'll look GREAT on the 5 second soundbites at 11:00."
"His across-the-board votes for the factory farm industry are votes that support massive cruelty, and they are also anti-environmental votes." Diane, as a vegetarian, I think that you are absolutely right. The meat industry produces as much green house gases as our autos. If we would all become vegetarian our planet would be a much better place to live. People,please control your flesh eating appetites and you will stop many of these problems.Think green, go vegetarian. Vote for Dennis Kucinich because he is a vegan. He really walks the talk. Congressman Paul is from cattle producing Texas. Shame on him.
I think the city of Ashville; with help from an ignorant police department, will end up paying out money to this protester. The police will be no match for the ACLU.
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
.... it continues ....
BushCo has already won, look at the petty squabbling goin on here between " liberals"
USA deserves Bush-good luck, US capitalists pigs destroying the planet- I hope terrortists bomb the crap outta y'all- all the death you've allowed your govt to do, you deserve your own personal nuclear options, So Long Suckers!
Submitted by Thebes (not verified) on Sat Aug. 18, 2007 9:19 PM PDT.
It astonishes me, that with bs like this going on, there are still people for "gun control"... note that CONTROL part, which is what those in power really want. Total control.
It also amazes me, that while we are quite obviously goose-stepping towards a REAL LIVE POLICE STATE, so many liberals are still worrying only about things like immigration and Roe v Wade. While those things are fairly important, but matter NOT AT ALL if we do end up under a true Bush Decidership.
Remember Live Free or Die?
I would hope a few people would take the time to send some cash to the ACLU for this. You might not agree with everything they do (I don't), but there's not much standing in the way of the fascists right now, other than organizations like the ACLU (and what's left of the constitution).
Their is going to come a day when people aren't going to take this shit off police anymore. If they are chimp supporters fine they are morons and reprobates, When they start abridging people rights, that they have sworn an oath to protect, then they are viscious and dangerous and should be treated as such.
Surprise, surprise. A man wants to voice his opinion, and the sargent of the local police (The new Gestapo) comes up and arrests him for doing so.
'I think we have a real problem with loose Nazis in America, folks. After all, with Hitler (bush for you republicanazi out here) running the white house, his minion doing the bidding everywhere, and a Riech Chancellor of his area like that sargent in charge, what else could it be?
At times,San Francisco appears to be intolerant like Asheville. San Francisco's unofficial city motto "Our Diversity is our greatest strength!" is generally recognized as socialist pap, an Oath of Allegiance to insanity by the extreme left.
But in a delicious twist of political irony that even Dr. Michael Savage and his ten million devotees are celebrating, diversity actually won the day against a band of Nazi-fascists
masquerading as elected officials in San Francisco. Supervisor Gerardo Sandoval(an alleged anti-Semite) decided that free speech is an "extravagant exuberance" that San Francisco can no longer afford.
Therefore, in the interest of zero tolerance for tolerance, Sandoval waddled to the fore and introduced a resolution condemning the constitutionally protected speech of the talk radio show host. Ed Jew, a San Francisco Board of Supervisors member whose grandfather emigrated from China seven decades ago, voted against the resolution.
Jew's NO! turned out to be the only vote for democratic principle among supervisors who voted 9-1 to suspend the U.S. Constitution and Bill of Rights in regards to Dr. Savage. Still, Mr. Jew's heroic and patriotic vote put an end to Sandoval's reckless experiment with fascist Nazism in the city that used to know how.
MaryJo, it is isn't racism, silly, unless you think Southerners are their own race. Believe me, some would think that explained a lot. I think the word you want is 'bigot'. But if Southern Baptists [the church that never stuck to me] DON'T want the rep for being ignorant haters, than they have a lot of work to do on their public image. The huge support that Southern Baptists and other Christian churches have given this bloody war along with their attitudes of intolerance towards homosexuality and other non-conforming lifestyles, makes them an easy target for accusations of ignorance, hatefulness, hillbillyism and, in my book, supreme hypocrisy.
05-01-01) 04:00 PDT San Francisco SF Chonicle -- In what many are taking as an anti-Semitic slap, newly elected Supervisor Gerardo Sandoval got up the other night and urged San Franciscans upset over business tycoons suing the city to picket "at their houses in Tiburon and at their bar mitzvahs." Assemblywoman Carole Migden -- who also is Jewish, a lesbian and not a big favorite down at the Milk Club -- was also miffed at Sandoval's remark and the club's indifferent reaction to it.
"If something racist was said, they would never have let him out of the room," Migden said. "Apparently, we're(Jews) more assailable."
at their bar mitzvahs."
Remember Uncle George and his lackeys are reading this. How do we know that they have not already created concentration camps in America for the nay-sayers. Asheville police officers are merely following their instructions from their supervisors, no different than the German citizens in the concentration camps. It is time to unmask the Administrative Evil the engulfs this Republican administration.
For less than ten bucks, you can get a license plate frame from Walmart that comes with bunches of letters, numbers etc. you can use to compose messages on the top and bottom of the frame. I'd guess mine would get an interesting reaction in SC. It reads:
IMPEACH CHENEY
& BUSH TWO
I have absolutely had it with this Bunch of thugs that run this country. This is a flagrant violation of freedom of speech and those cops know it. Maybe they should go to Iraq and take a few blows for the decider-then perhaps they will leave quiet protestors like this man alone!!!!!! Big Brother is watching all of us!!!!
cheryl, AIPAC is behind the Administration's coming war with Iran. The Zionist influence on the Administration must be exposed. The Southern Baptists are "Christian Zionists" in solidarity with the Jew Zionists, marching to war against Iran for the benefit of Israel. Stop Zionism, end the occupation.
