Eye On Englewood

Link: http://www.eyeonenglewood.com

Link: http://www.eyeonenglewood.com

After one of Matt Crabtree's political groups delivered fliers to owners of campers and recreation vehicles, Matthew Crabtree became the target of retaliation. Why? Because one interested citizen packed out a full house against Representative Linda Olsen's intent to disrobe her neighborhood of their vehicles.

Next thing Matt knew, the City Attorney, Dan Brotzman, investigated his political group to see whether it complied with the Colorado election statutes. He employed the City Clerk, Lou Ellis, to see whether Matt could be prosecuted for running an illegal campaign.

Clerk Ellis and Attorney Brotzman contacted Mr. Crabtree warning him that his political group was not in compliance with the Colorado regulations for backing a candidate, but that since he had registered it in good faith, they would not prosecute him this time.

The warning was clear. "Either back a candidate, or stick to one election topic. Since this wasn't the topic of your flier, your group doesn't qualify as a political action committee under Colorado statute definitions."

"What does that mean?" Crabtree asked. "You don't have the power to regulate me if I don't fall within the scope of your definitions?"

Brotzman snapped that he could not put the committee name on the bottom of his fliers any more, that he must put his own personal name on the flier.

Brotzman then patiently explained that in Englewood's ordinances, any corporation advertising in Englewood, must not only identify themselves as the corporation, but also add the corporate representative and his or her phone number on the flier.

Crabtree was incredulous. "You mean, you would prosecute Breakfast on Broadway for advertisements or Yard Sellers for posting a sale sign without a phone number?"

Nothing more than a chuckle echoed across the air space.

It is clear that where retaliation comes into play in Englewood, the enforcement of ordinances are selectively enforced.

Matthew found a ticket for alley weeds upon his return home from work that evening.

Don't speak up about your opinion on anything in Englewood, and they will not prosecute you for weeds, or building permits, or raising your political voice.

At study session on Monday evening, Linda Olson, District Representative II, asked, "how can City Council stop this kind of thing?"

At that point, District I Representative, Joe Jefferson replied, "Hold on there. You are in the public eye. You cannot stop it. People have the right to respond to our policies." Basically, Mr. Jefferson was upholding the Constitution's freedom of speech clause and the right of the people to redress government.

Nothing stinks more than that moment during an argument when you realize you're wrong.

Is it against the law to be a Town Crier in Englewood? Of course not. Hasn't the NAACP already settled that privacy and freedom of association protects the identity of the members in a group or club? Of course.

The power to regulate does not apply to absolute rights or guaranteed freedoms. Matt and his grass roots convoys may continue to roam freely through their city and campaign however they wish in response to the City's illegal encroachments.

Stink bugs catching the leftovers of the picnic, whether dressed up in black ties and shorty pants or not, are still just bugs to be flipped off.

Link: http://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W