Woman in my area cited for handing out voter reg. at Fahrenheit 9/11!

[bbernardini]

Below is the link to the full article and a small sample. Please make liberal (HAW!) use of the "opinion" link at the bottom. Opinions sometimes take a while to appear, but they always do.

http://www.dailylocal.com/site/news.cfm?newsid=12133831&BRD=1671&PAG=461&dept_id=17782&rfi=6

EAST CALN -- She said she didn’t scream fire in a crowded theater.

All she did was hand out voter registration forms to movie patrons on their way out of the controversial film "Fahrenheit 9/11" on Saturday night.

Because of that, Lani Frank, of Easttown, doesn’t understand why -- or feel it was right -- that she was handcuffed and cited at the theater by police.

State police said Frank was in a place of business and causing a disturbance. They said she refused to leave and, for that, was cited for disorderly conduct. The citation, much like one a person would receive for a traffic violation, is a summary offense.

But, Frank contends that she was not making a disturbance and was on her way to her car before police motioned her back to ask her questions.

[kerryin2004]

1. She can have her day in court...

"State police said Frank was in a place of business and causing a disturbance. They said she refused to leave and, for that, was cited for disorderly conduct. The citation, much like one a person would receive for a traffic violation, is a summary offense."


The police were 100% correct if she was handing out voter reg's on private property and was asked to leave and refused... Why does she think she is above the law??

[NewYorkerfromMass]

2. Malls

If it's anything like the public function malls have been ascribed in other cases then she is in good shape. Especially for something as fundemental to this country's democratic nature as handing out voter reg. forms.

[LTR]

7. If the mall has a 'no soliciting' policy...

...then she broke the law.

And she refused to cease distributing 'literature'.

I can't think of any mall that isn't strict about this. If she refuses to acknowledge the warning, she deserves to be hassled by the police.

[Cheswick2.0]

19. Nonsense

she wasn't passing out literature and she wasn't soliciting anything.

[sangh0]

22. And soliciting means commercial activity

not political speech, which is protected.

[AP]

23. Every state excludes canvassing from definitioin of soliciting IIRC.

I would be EXTREMELY surprised if soliciting included registering people to vote. Soliciting means that you're selling something, which is why she was charged with creating a disturbance.

She should definitely plead NG. I'd be very surprised if she lost. She could probably sue the theater for abuse of process too, if her state has a law allowing that.

[LTR]

25. Soliciting also means distribution of literature

This is clearly defined by signage at almost every large mall I've been in.

If it was so harmless, she should have sought permission. This is not about what she was passing out, but that she was passing out literature without permission, and refused to cease when told to do so.

[AP]

27. I bet what she was doing is protected by the law.

[LTR]

28. My point is..

...she should have obtained permission.

If I ran my own business, I wouldn't want someone barging on my property to hand out anything without my permission. I applaud the idea of handing out voter registration cards, but I don't approve of the method. It's just plain rude.

[AP]

30. My point is that IIUC most states have exceptions that allow politicans

and their volunteers to call homes and knock on doors and not be in violation of any laws. When you canvass, and someone has a no solicitors sign on the door, you can still knock because either you're not engaged in soliciting according to the definition in that state, or the state has a specific statute that allows you to.

I believe this is why the article says that she was charged with harassing people, rather than trespass. Trespass is what you're charged with when you violate a no solicitors request. Trespass is a crime against the property owner. Harassment is a crime against the people she gave the voter registration forms, and not the owner of the property.

I really think she'll get off if she challenges this.

[Occulus]

46. I don't think businesses should even HAVE that right!

In fact, I don't think businesses should have any "rights" at all. They should, being nonhuman legal entities, have only priveleges.

[goodhue]

37. Not likely unless she was in a select number of states (e.g CA).

[goodhue]

36. I wish you were right AP

The key here is that Malls are viewed by most courts (wrongly, IMHO) as private property not public commons. The leading US supreme court case is Hudgens v NLRB. So mall owner can generally ban solicitation including canvassing and other first amendment activity. Owner then can enforce policy and if individual refuses to leave then its trespass and/or disorderly conduct. Some cases go other way if they can find state constitutional grounds, so in CA there is a right to exercise speech rights in Malls. But not in most states. Big case here in MN involved PETA-types at Mall of America and they lost.

On the other hand, there is solicitation where folks go door to door moving throughout public space. Clearly, this is protected activity if exercising first amendment rights (as opposed to commercial sales). Local jurisdictions often require registration of solicitors but Supreme Court recently struck down as applied to first amendment activity in 2002 case Watchtower vs. Stratton, which involved Jehovah's witnesses.

Here is link to good article on why malls can limit speech
http://slate.msn.com/id/2079885/

Some states may address issue of voter registration on private property in statute but I doubt many do. I'm not aware of any.
The Virginia State Board of Elections explains issue thusly:

Distribute voter registration applications anywhere or to anyone who is qualified to vote in Virginia. However, if you want to distribute on private property (i.e., shopping malls or supermarkets) you must first get permission from the property owner or manager.

http://www.sbe.state.va.us/VotRegServ/NVRA/regdrive.htm

[AP]

41. She wasn't cited for anything that happened in the theater.

They asked her to leave, and she did.

She was cited for arguing with the cop outside the theater.

She didn't argue inside the theater and left when she was asked.

I dind't realize that whe I wrote my earlier post.

This isn't a question of whether handing out Voter Reg forms inside the theater violated the property owners rights.

[goodhue]

43. Whether she was inside or outside does not change analysis.

Shopping mall parking lots and sidewalks are also generally mall property.

[AP]

51. Read the article. None of her actions on the property relating to

handing out the voter reg forms were cited.

She was cited for arguing with the police.

She wasn't charged with trespass-related offenses. She was charged with arguing with the cops about the possiblity of charging her.

The cops apparently felt that she didn't do anyting in relation to handing out the forms which constituted an offense.

[goodhue]

38. Solicitor definition is generally left to local ordinance not state

and in any event generally involves door-to-door activity. Activity here is on private property so would not generally be encompassed by solicitation however defined.

[wettap]

29. I agree

She was trespassing on private property. Property owners have rights too, much like this young lady has her rights. We cannot look past the rights of some because it benefits us.

[AP]

34. She was charged with disturbing customers and not trespassing.

Trespassing is a charge for a crime against the property owner. Disorderly conduct is a charge for a crime against the customers.

If she wasn't charged with trespassing, then it would seem that the police weren't confident that passing out voter registration forms was a vioaltion of whatever notice the theater owner had about permitted activities.

In fact, it seems like she is being charged not for being disorderly while handing out the stuff, but disorderly in her response to being told she was going to be charged with something. But until that point, she hadn't done anything that had risen to the level of a crime.

From the article

State police said Frank was in a place of business and causing a disturbance. They said she refused to leave and, for that, was cited for disorderly conduct. The citation, much like one a person would receive for a traffic violation, is a summary offense.

But, Frank contends that she was not making a disturbance and was on her way to her car before police motioned her back to ask her questions."

...

"Frank was handcuffed and brought to the Embreeville barracks where she was given a citation for disorderly conduct with the intent to create a public inconvenience, annoyance or alarm.

[truthspeaker]

4. IF she was on private property and IF she was asked to leave

We don't know either of these things, and in the current climate I'm not prepared to assume the police are telling the truth.

[AP]

35. Read the article. They asked her to leave and she left.

Then the police came and told her they were going to charge her with something. She reacted to that, and they charged her for disorderly conduct becuase of her reaction to being told she was going to be charged for something. But they ended up NOT charging for anything that happened before the police arrived.

Does that sound fair to you?

[goodhue]

39. Certainly not fair, but please remember law is often not fair. n/t

[AP]

40. Actually, I think this is why she won't get convicted.

[goodhue]

42. Well its likely a petty misdemeanor so not likely a jury trial

It will probably depend on the judge. Some judges probably less sympathetic than others. Since we don't really know much about the presumably conflicting versions of what went down, its kind of hard to speculate.

[gratuitous]

11. Yes, she will have her day in court

Meanwhile, anyone else seeking to capitalize on anti-Bush sentiment will have gotten the message during election season loud and clear: Don't buck the system, or you'll be arrested and fined, maybe go to jail. A lot of people would like to take action, but don't want to risk an arrest record, which could lead to loss of job, loss of income, loss of home.

The same tactics are used on protestors and demonstrators all the time, so I guess it shouldn't be any big surprise here. Months, even years later, the courts rule that the police overstepped their authority, but by then Stupidhead has his most excellent war, thousands are dead and billions are squandered. Okay, go ahead and protest again.

[kerryin2004]

12. Are you kidding me???

You relate someone protesting on private property as injustice?? My God, what if I came to your home and started passing out flyers for a porn site, would that be acceptable??

[Cheswick2.0]

15. I wouldn't care if you came to my house and passed out voter registration

forms. I'd serve you lemondade and cookies. What do you have against people voting?

[gratuitous]

18. But my home is not a movie theater

You show a remarkable lack of understanding of a business, which invites the general public in to patronize it, and a private home.

In any event, the woman was at the theater (no law broken there), handing out voter registration forms (no law broken there), when the manager came over and asked her to leave (as is his right), and after a short discussion (no law broken there), she left the premises (no law broken there). The cops arrived on the scene as the woman was heading for her car in the parking lot and called her back.

That to you looks one way. I see it entirely differently. Please keep your hysterical blasphemies to yourself.

[Cheswick2.0]

20. it will all become clear at the great unmasking on election night

He's got a nice beard though, don't cha think?

[LTR]

26. If she left after being given a warning

She has a case.

Soliciting cases are usually thrown out of courts, or punished with a miniscule fine.

[AP]

24. Abuse of process:

"The elements of a valid cause of action of abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. The person bringing the suit is only interested in accomplishing some improper purpose that is collateral to the object of the process and which offends justice such as unjustified arrests, criminal procecutions, subpoenas to testify, attachments to property, executions on property, garnishments and other provisional remedies can be considered to be capable of abuse. "

[RetroLounge]

32. Your ignorance of the laws is, well, obvious...

RL

[Cheswick2.0]

16. she wasn't protesting or demonstrating

She was passing out voter registration forms.

[tom_paine]

21. Exactly. Harrassment, intimidation. And she DID move outside

That is exactly right. They have sent a message to others.

Just like what Bullies and intimidators the Busheviks are.

[Cheswick2.0]

17. Nice beard

lol

[bbernardini]

3. Kick!

[trof]

5. My reply:

This woman is obviously a subversive and a danger to our liberties and way of life.
How DARE she!
Handing out voter registration forms?
THE NERVE!
I just don't know what this country is coming to if ordinary citizens are allowed to encourage other ordinary citizens to vote.
Massey Lambard
Foley, Alabama

[prolesunited]

6. You know

stated like that, it does sound awfully ridiculous. You would think that the entire community, businesses included, would encourage participation in our democracy.

I could see perhaps if she was handing out partisan literature because they risk alienating segments of their customers, but voter registration forms are completely neutral.

[drdigi420]

8. I was once told I couldn't pass out anti-Drug-war leaflets

in Centennial Park in Atlanta.

The cops didn't see the irony of the fact that we were standing on discarded religious propoganda during the conversation.

[prolesunited]

9. Well, a theater is private property

so the management really has the discretion to limit free speech on their premises, but on what grounds could the cops legally stop you on PUBLIC property like a park. Can you provide more details?

[Tsiyu]

10. Priorities, People

If the woman was walking away to her car, they were just being tried and true Nazis.
I mean, we have priorities people. We can't afford more inspectors at ports, we can't afford increased airport security, we can't afford to pay our soldiers a living wage, we can't afford after school programs. But we can afford the cop, the arrest and the trial for someone handing out registration cards. Can you say : BUSH POLICE STATE?

[HEyHEY]

13. Well, it IS a disturbance

Encouraging recently informed people to vote could seriously damage the government!

[Cheswick2.0]

14. what do people have against voting?

These theater owners have been hoodwinked by the right. It is not partisan to encourage people to vote.

[bbernardini]

31. Kick! Keep adding opinions!

[jackstraw45]

33. Mourning in Amerika

So sick of this administration, and subordinates, pissing on our constitution.

And local police exercising their political beliefs instead of the actual LAW.

Hope she fights them and WINS.

[gauguin57]

44. I'm seeing F-9/11 tomorrow ...

... there's a public park across the street from the movie theater. I'm thinking of yelling, at the end of the movie, "Anyone who wants a voter registration form, and help in filling it out, meet me across the street at the public park!"

Maybe this is the ticket ... take it to a public place.

[Catherine Vincent]

45. It's kind of sad that a person can basically get arrested for handing out

voter registration cards. What harm is there in that?

[redqueen]

47. Lots of responses here

but only 10 comments there?

[NewYorkerfromMass]

48. Good comments there! 9 -10 in favor of woman.

Thanks, I would not have checked them out if not for your tip.

My favorite:

This woman is obviously a subversive and a danger to our liberties and way of life.
"Woman cited for passing out voter registration forms"
How DARE she!
Handing out voter registration forms?
THE NERVE!
I just don't know what this country is coming to if ordinary citizens are allowed to encourage other ordinary citizens to vote.

link

[Guaranteed]

49. She's on her way to Gitmo right now, I'm sure.

We'll probably never hear from her again.

[bbernardini]

50. Which one of you made the FIresign Theater reference?

Come on, fess up...it's got to be somebody from here that referred to him/herself as George Tirebiter. :)