John Musolf tells us that he peacefully sat with a sign near the table the recall folks had set up at the Farmer's Market in Steam Pump Ranch on Saturday January 25. He had done this, together with others, the prior Saturday. There were no incidents at that time. Everything seemed to be just fine.
That Saturday, it was different. As John describes it:
"...sat adjacent to the PAC Recall table with a sign protesting the Recall PAC activities. A lady [Roxanne Garcia?] who said she worked for the leaseholder came up to John Musolf and volunteered a booth separate from the PAC Recall table because I was being “aggressive” and “confrontational”. [John was just sitting with a sign.] I responded I was excercising his first amendment rights and this was the most effective place. The lady left and called the leaseholder Manish Shah [Heirloom Farmers Markets] who talked to me by phone. He repeated the offer of a booth elsewhere in the Farmers Market. I declined.
Manish Shah came to the Farmers Market and repeated the offer to me. I again declined. Manish Shah called the Oro Valley Police who arrived shortly afterwards.
The two officers said if I did not leave the leaseholder could have me arrested. I told them that the Steam Pump Ranch was public property and that I didn’t think he had the right as a leaseholder to have me arrested for trespass. At this point I volunteered to take his chair and sign and leave. The PAC Recall people were allowed to stay."John was most certainly not trespassing. Also, according to Council Member Brendan Burns, who was at the market, John was not causing a ruckus. The fact is, the recall people and Heirloom Farmer's market, simply wanted him out of their. The question is: Did the Officers, who were quite pleasant and accommodating, violate John's rights to peacefully protest?
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| Recall Table At Steam Pump |
Note in the picture that we have displayed at right that the person in the foreground is Roxanne Garcia, of Heirloom. She was patrolling the area and she also told me to move along.
John Musolf peacefully removed himself and his "Don't Sign The Petittion" sign from Steam Pump Ranch; and I was told to move past the recall table. I too walked away.
(View another report on this situation.)
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8 comments:
When will the recall effort be over? I often wonder when people seem nasty if they have a "COEXIST" bumper sticker.
There is established law regarding these issues. Only an experienced local attorney can provide advice on pertaining to private property/public property and the right to protest.
If John was really being "aggressive and confrontational" then Mr. Shah would have told him to leave. He would NOT have offered John a booth in a different area. So there's the proof that John was not being confrontational.
As to whether this is still considered public property when it's being leased by someone at the time, perhaps Brendan Burns could shed some light on this. However, my take on it is this: If I lease an apartment, that apartment is still OWNED by the landlord. Therefore, if Mr. Shah leases that space for a Farmer's Market, that space is still OWNED by the public, the taxpayers. Mr. Musolf is an Oro Valley taxpayer. He had a right to be there.
I wouldn't be surprised if the law says something else, however, since laws are slanted towards protecting business and not towards protecting the citizens' rights.
Good point, Rose; when does this bruhaha end? Does anyone have a firm date we can all shoot for?
The recoilers must turn in their signatures by February 11. Then, the council clerk has 30 days to review the names submitted for validity. So, we're talking about mid March at the latest before the result is revealed.
The article in the Explorer mentions that the Farmer's Market booths are for agricultural stuff only. How come the PAC gets a booth? Oh, they're pushing bulls**t!
As far as I am concerned this attempted recall will pass without action. What will remain is a Mayor unable to lead the council. Who are the victims? The taxpayers that elect a council to better our community. The mayor lacks the skills to be an effective leader. He leads by division, not addition. He needs to go and put this on his resume and return to his first love-- root canals.
"Representatives shall determine whether a civic and/or not-for-profit organization is qualified..." Who is this representative? What criteria are they using to determine who's qualified?
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