The year 2002 will go down in history as a banner year for Tulsa City government ignoring the 1st Amendment to the US Constitution.
First it was Mayor LaFortune declaring the 'official religion' for the City of Tulsa and now the City Commission wants to get into the act by preventing the citizens of the city from speaking before it.
[Begin quote of 1st Amendment]
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
[end quote of 1st Amendment]
[begin partial quote of 14th Amendment]
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[end partial quote of 14th Amendment]
The US Supreme Court has ruled repeatedly that the 14th Amendment subjects state, county and municipal governments to all constraints imposed upon federal government as specified by the US Constitution and that US citizens enjoy the same rights before state, county and municipal government as they do before the federal government.
Therefore any move by city government to 'limit' the ability of the citizens "to petition the Government for a redress of grievances" is on its face unconstitutional.
Well, excepting in Oklahoma where Supreme Court rulings are considered mere 'suggestions'...
Don't it make you so proud to be an Okie?
[Snipped from the Tulsa World]
City Council may limit who can speak By P.J. LASSEK World Staff Writer 7/3/2002 The City Council is considering a measure that would restrict public comments for certain agenda items and allow the council to muzzle disruptive speakers.
The proposal, spearheaded by Councilor Randi Miller, would amend the council's Rules and Order of Business.
If it is approved, only people who are involved in an appeal to the council, the appellant's representatives and city administrators would be allowed to address the council.
On code enforcement and zoning appeal items, residents in the neighborhood directly affected by the action and official neighborhood association representatives also would be allowed to speak.
At present, any person who signs up properly to speak on such items can address the council.
Councilor Tom Baker said he had a problem with "writing rules for the actions of one person."
None of the councilors at Tuesday's committee meeting would name the person or people who prompted the proposal.
James Alexander, however, said Tuesday that the proposed rule changes were designed to stop him and his wife, Bernice, from addressing the council.
The Alexanders regularly attend council meetings and often speak on nearly every agenda item, including appeal issues that don't directly affect their property or neighborhood.
Alexander said he and his wife were actively "involved in everything in the entitlement area," where many code enforcement issues occur.
Most of the people don't know the (city) process, and we're going to help them," he said.
The proposed measure also would permit the council chairman to force a speaker to forfeit the remainder of his or her allotted time for disruptive behavior or threatening language.
Bernice Alexander has, at times, been admonished for her language and the manner in which she addresses the council.
The council changed its rules earlier this year to start the five- minute clock when a person is called to speak. The amendment came after several months in which Bernice Alexander took several minutes to walk up to the speaker's stand.
P.J. Lassek, World staff writer, can be reached at 581-8382 or via e-mail at pj.las...@tulsaworld.com.
Uncle Jerry wrote: > The year 2002 will go down in history as a banner year for Tulsa City > government ignoring the 1st Amendment to the US Constitution.
> First it was Mayor LaFortune declaring the 'official religion' for the > City of Tulsa and now the City Commission wants to get into the act by > preventing the citizens of the city from speaking before it.
> [Begin quote of 1st Amendment]
> Congress shall make no law respecting an establishment of religion, or > prohibiting the free exercise thereof; or abridging the freedom of > speech, or of the press; or the right of the people peaceably to > assemble, and to petition the Government for a redress of grievances.
> [end quote of 1st Amendment]
> [begin partial quote of 14th Amendment]
> Section. 1. All persons born or naturalized in the United States and > subject to the jurisdiction thereof, are citizens of the United States > and of the State wherein they reside. No State shall make or enforce > any law which shall abridge the privileges or immunities of citizens > of the United States; nor shall any State deprive any person of life, > liberty, or property, without due process of law; nor deny to any > person within its jurisdiction the equal protection of the laws.
> [end partial quote of 14th Amendment]
> The US Supreme Court has ruled repeatedly that the 14th Amendment > subjects state, county and municipal governments to all constraints > imposed upon federal government as specified by the US Constitution > and that US citizens enjoy the same rights before state, county and > municipal government as they do before the federal government.
> Therefore any move by city government to 'limit' the ability of the > citizens "to petition the Government for a redress of grievances" is > on its face unconstitutional.
> Well, excepting in Oklahoma where Supreme Court rulings are considered > mere 'suggestions'...
> Don't it make you so proud to be an Okie?
> [Snipped from the Tulsa World]
> City Council may limit who can speak > By P.J. LASSEK World Staff Writer > 7/3/2002 > The City Council is considering a measure that would restrict public > comments for certain agenda items and allow the council to muzzle > disruptive speakers.
> The proposal, spearheaded by Councilor Randi Miller, would amend the > council's Rules and Order of Business.
> If it is approved, only people who are involved in an appeal to the > council, the appellant's representatives and city administrators would > be allowed to address the council.
Seems they are the only ones that really should be there. Ivan =========
> On code enforcement and zoning appeal items, residents in the > neighborhood directly affected by the action and official neighborhood > association representatives also would be allowed to speak.
> At present, any person who signs up properly to speak on such items > can address the council.
> Councilor Tom Baker said he had a problem with "writing rules for the > actions of one person."
> None of the councilors at Tuesday's committee meeting would name the > person or people who prompted the proposal.
> James Alexander, however, said Tuesday that the proposed rule changes > were designed to stop him and his wife, Bernice, from addressing the > council.
> The Alexanders regularly attend council meetings and often speak on > nearly every agenda item, including appeal issues that don't directly > affect their property or neighborhood.
> Alexander said he and his wife were actively "involved in everything > in the entitlement area," where many code enforcement issues occur.
> Most of the people don't know the (city) process, and we're going to > help them," he said.
> The proposed measure also would permit the council chairman to force a > speaker to forfeit the remainder of his or her allotted time for > disruptive behavior or threatening language.
Sounds like a good idea. Ivan ========
> Bernice Alexander has, at times, been admonished for her language and > the manner in which she addresses the council.
> The council changed its rules earlier this year to start the five- > minute clock when a person is called to speak. The amendment came > after several months in which Bernice Alexander took several minutes > to walk up to the speaker's stand.
Why should someone slow the process of the meeting by taking their own sweet time to walk to the speaker's stand? Ivan =========
> Councilor Tom Baker said he had a problem with "writing rules for the > actions of one person."
Heck, that's the way we do things around here.
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> <snips> > The City Council is considering a measure that would restrict public > comments for certain agenda items and allow the council to muzzle > disruptive speakers. > <snips>
> The proposed measure also would permit the council chairman to force a > speaker to forfeit the remainder of his or her allotted time for > disruptive behavior or threatening language.
> Bernice Alexander has, at times, been admonished for her language and > the manner in which she addresses the council. > <snips>
I don't see this as a violation of the 1st or 14 Amendments. You couldn't go up in a court of law and start cussing out the judge. IMO, this is the same thing. If the speaker shows respect and common courtesy, they can speak. Once they break the rule and create a disruptive meeting, they should lose their time. Really, this ruling doesn't change anything. Once they become disruptive, the City Council [and any City Council in the nation] has the power to shut them up to restore order.
On Thu, 04 Jul 2002 00:03:00 GMT, turbofish <n...@here.com> wrote:
<snip>
>I don't see this as a violation of the 1st or 14 Amendments. You couldn't go up in a >court of law and start cussing out the judge. IMO, this is the same thing. If the >speaker shows respect and common courtesy, they can speak. Once they break the rule >and create a disruptive meeting, they should lose their time. >Really, this ruling doesn't change anything. Once they become disruptive, the City >Council [and any City Council in the nation] has the power to shut them up to >restore order.
The proposed rule and my point regarding it does not involve *only* disruptive speakers. It involves all speakers.
Have you ever been to a Tulsa City Council meeting?
If so attended a few years ago, you are likely aware that citizens were able to 'sign up' before the meeting and address the commission on any matter involving city government. Then the rules were changed to restrict the public to addressing the city commission only on those items on the agenda and then only for five minutes.
Now evidently they wish to eliminate even that option.
Under this new 'rule' that process is eliminated. Got a complaint about bad streets? They don't want to hear it. Got a complaint against the proposed city budget? They don't want to hear it. Got a complaint about the Mayor declaring Christianity the official religion of city government? They don't want to hear it.
Wish to be heard regarding an item on the meeting agenda? They don't want to hear it.
In other words, just stay home and let us 'represent you' and we don't really want to hear you views. Just trust us. We know what's best for you anyhow...
Now explain to me again how that doesn't violate the 1st Amendment.
And yeah, Bernice Alexander can be outspoken and possibly even disruptive.
The issue of her spending so much time walking to the speakers stand just might be because she's handicapped. Old folks and even young ones are like that sometimes. Of course one would know that if ever they had been to a city council meeting at which she spoke.
Uncle Jerry wrote: > The proposed rule and my point regarding it does not involve *only* > disruptive speakers. It involves all speakers.
> Have you ever been to a Tulsa City Council meeting?
> If so attended a few years ago, you are likely aware that citizens > were able to 'sign up' before the meeting and address the commission > on any matter involving city government. Then the rules were > changed to restrict the public to addressing the city commission only > on those items on the agenda and then only for five minutes.
> Now evidently they wish to eliminate even that option.
> Under this new 'rule' that process is eliminated. > Got a complaint about bad streets? > They don't want to hear it. > Got a complaint against the proposed city budget? > They don't want to hear it. > Got a complaint about the Mayor declaring Christianity the official > religion of city government? > They don't want to hear it.
> Wish to be heard regarding an item on the meeting agenda? > They don't want to hear it.
> In other words, just stay home and let us 'represent you' and we don't > really want to hear you views. Just trust us. We know what's best > for you anyhow...
It's kind of nice to be able to just go up there and speak about something, even though the audience is rather limited.But it's easy to see where this can make the meetings terribly long, as they sometimes used to last 2-1/2 to 3 hours, and they're certainly boring enough as it is. That was the original reason for the time limit. Still, anybody can contact their city councilor outside of the meetings, or they can go to the Tuesday committee meetings. However, since the council meetings are primarily for having the council vote on things, then probably the best thing they could do would be to have *separate* public forums, perhaps once a month, specifically for people to speak to city officials. I know that they'd be sure to have at least two people speak. ;-)
>It's kind of nice to be able to just go up there and speak about something, even though >the audience is rather limited.But it's easy to see where this can make the meetings >terribly long, as they sometimes used to last 2-1/2 to 3 hours, and they're certainly >boring enough as it is. That was the original reason for the time limit.
A reasonable time limit is certainly justifiable. In a bigger context requiring the speaker to address only those issues on the meeting agenda is also justifiable. To me what is not justifiable is cutting off all public input on items on the meeting agenda.
> Still, anybody can contact their city councilor outside of the meetings, or they can go >to the Tuesday committee meetings. However, since the council meetings are primarily >for having the council vote on things, then probably the best thing they could do would >be to have *separate* public forums, perhaps once a month, specifically for people to >speak to city officials. I know that they'd be sure to have at least two people speak. >;-)
At least two, maybe more.
I kinda' like the idea of *separate* public forums, provided they were freewheeling meetings in which the general public could raise those issues of importance to them and with a reasonable time limit per speaker.
On Sun, 07 Jul 2002 21:22:28 GMT, Michael A. Clem <mc...@vigoris.net> wrote:
>In message <fj6hiukvaslq8kvavdh7t150t534tc4...@news.alt.net>, Uncle Jerry wrote: >> On Sun, 07 Jul 2002 19:29:34 GMT, "siouxdax" <sioux...@earthlink.net>
<snip>
>> Personally, I'd prefer to see Roger Rabbit(tm) make a come back...
>Now, now, you have to let the up-and-coming political idiots have their turn in >office, too!
Well Mayor LaFortune has his 'moment of idiocy'. That will serving as Tulsa County District Attorney.
When DNA testing revealed that Timothy Durham was *not* the guilty party in the rape of a 12 year old girl, a crime for which Durham was convicted and sentenced to in excess of 3,000 years LaFortune greeted the revelation of Durham's innocence as follows:
"We have very strong, independent evidence of his guilt in the eyewitness testimony of the young girl, as well as some hair evidence of our own."
LaFortune indicated he wanted to subject Durham to a second trial, inspire of over-whelming DNA evidence of his innocence. In the end sanity prevailed when the FBI refused to conduct a second set of DNA test as requested by LaFortune.
Evidently LaFortune figured if he kept testing long enough that the DNA would mutate enough to convict an innocent man, a second time.