Bruce writes: I was arrested for peacefully collecting petition signatures in a public park.
They literally violated my civil rights.
I plan to fight this case to the WA Supreme Court, if necessary. I hope this case serves as a new precedent in WA State to protect our right to gather petition signatures in public.
Here is a link to my arrest record.
Here is my story:
On 6/14/24 I was collecting petition signatures to get Libertarian Presidential candidate Chase Oliver on the ballot in WA State at the Edmonds Arts Festival, which is held each year in a public park and managed under contract by a private event manager. I was always polite and civil and never harassed anyone. From 10AM to about 2PM I collected almost 40 signatures. Around 2PM, the event manager "Shane" and a private security officer named Chris asked me to leave. I politely and respectfully refused. Soon, four police officers arrived and told me that if I did not move to the sidewalk (where there was no foot traffic and little opportunity to get signatures) I would be arrested for trespassing. I told them that it was my First Amendment right to be there, as well as my right to Liberty as guaranteed by the 5th and 14th Amendments, and if they arrested me they would be making a Civil Rights violation. I told them that they PERSONALLY would be violating my civil rights, since the Nuremberg Defense (I was just following orders) is an invalid defense. They arrested me anyway and I went with them without resisting. The handcuffs hurt my wrists for 55 minutes as we drove to the Snohomish County jail in Everett. I spent 6 hours in a holding cell, 4 of those in solitary. For the other two hours, two other rather scary men were locked in the cell with me. I was strip-searched and had to bend over and spread 'em. I was finger-printed and had a mug-shot taken. I was never told how long I would be there and that constituted additional stress. I had to worry that I would be there overnight. I was never given the Handbook with instructions about how things worked or what I could do. This was the first time in my life I had ever been arrested. It is my first and only experience with the criminal justice system.
The police claimed that since the Edmonds Arts Festival event had a private organizer, I could be excluded for any reason. But I do not believe the government has been delegated the power to suspend the Bill of Rights, just because someone paid them money to rent government-owned facilities, especially when that event was public, and not a private event. There was no admission price to the Edmonds Arts Festival. It drew spectators from all over the region. This story reminds me of the government buying data on our online activities from Google, and then saying that the 4th Amendment doesn't apply and they didn't need to get a warrant based on probable cause. If the Edmonds Town Council just has to rent space out to a private manager in order to be able to violate the Bill of Rights, then the Bill of Rights is a dead letter. By renting such a public space, the event organizer becomes a sort of agent of the government, and should also be held to the constraints of the Constitution. Section 2.3 of the contract the Edmonds Arts Festival signs with the City of Edmonds requires the Festival not to violate the free speech rights of people at the event. The event manager violated that provision by having me arrested. I understand kicking people out for being drunk or harassing someone, but I was engaged in peaceful and polite activity. I think I was targeted because someone disagreed with my politics, and was using the law as a way to attack a political opponent.
There is significant case law on this topic in WA. The WA Constitution makes special protections for signature gatherers. The WA Supreme Court has even established that a PRIVATE mall, such as Alderwood Mall near me, must provide space in a high traffic area for petition signature gatherers. The intent is that if there is a "public square" then signature gathering must be allowed there. In Pennsylvania, defendants were awarded $91K after being arrested for collecting petition signatures in a public park. But I don't want money from this, beyond my legal expenses. I intend to push a case all the way to the WA Supreme Court, if necessary, to defend the right of signature gathering in such public spaces.
I don't think the Edmonds Town Council targeted me specifically. But I think they should not be able to delegate an authority they themselves do not possess. (The power to violate our rights.) Event managers of public events on government property should be restricted from charging people with trespassing when they are acting peacefully.
I do think the four police officers should have Civil Rights charges brought up against them. I told them that they were violating my rights under the Bill of Rights. But they arrested me anyway. They should not be able to hide behind some kind of immunity, when they KNEW they were violating my rights. And I would like the right to confront my accuser. If there was a citizen who lied to the manager to say that I was harassing people, then that person deserves to be punished for that lie. It is a form of false accusation. And the purpose was to stifle political opposition.
By the way, for my mug-shot, I did my best to look like Trump. I never voted for Trump, and never will. I vote Libertarian. But love him or hate him, ya gotta' admit that he took a ROCKIN' mug shot, didn't he? His mug shot actually gained him support. I wish that mine would do the same.
I went BACK to the Edmonds Arts Festival on Sunday 6/16/24. I stood outside the Frances Anderson Center on the sidewalk and collected another 50 or so signatures for Chase Oliver. But I did not go back inside the park. One arrest in a weekend was enough for me. I also stood on a street corner nearby the Arts Festival with a sign reading "Edmonds Arts Festival Violated My Civil Rights." Hundreds of people saw me with my sign, and I told my story to a half-dozen people walking by, all of whom were supportive.
The two big, old political parties don't like competition. They make ballot access rules that set high hurdles for getting third party candidates on the ballot. Libertarians and Greens and Democratic Socialist etc. candidates have to get about 2,000 signatures, in order to ensure they have enough good signatures to get on the ballot. These signatures are tough to get. Unlike the Let's Go WA initiatives, which most people want to sign, few care to help us get our candidate on the ballot. If we are restricted from going to large public gatherings, then the people will have fewer choices for President in November. Many people see that Trump and Biden are both horrible candidates. People want better choices. I'm working to give them one more. And I am defending the rights of all of us to petition the government.
Arrested for Committing Act of Free Speech in Edmonds - Guthrie and Signature Gathering at the park
Bruce Arrested at Edmonds Arts Festival video
Bruce transported in police car in handcuffs video:
Shorter edited, more humorous version
Long version
This is a long video. TLDR. For those of you who don't have a lot of time, let me direct your attention to a few highlights:
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"You have my word as a lover of the Constitution that I'm not going to make any trouble for you guys." (While being arrested...)
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1:20 "Nice AR!"
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From 7:36 to 10:42 I tell a story about how 90% of US ROTC students polled would refuse a direct order they believed was in violation of the US Constitution, and how about 90% of the soldiers in the Chinese army would follow immoral orders. My point was, these officers were just following orders... orders that violated my civil rights. Prior to the arrest I had told them that the Nuremberg Defense was not a valid form of defense, and that they would be personally held liable for violating my civil rights.
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At 13:30 to 14:25 I show that my handcuffs hurt a lot.
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At 15:20 to 16:50 I talk about Trump's mug shot, and hope mine is as effective at getting me sympathy as his was.
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At 17:00 to 18:06 I mention that my handcuffs are painful, and that although I can handle the pain, I felt guilty knowing that my tax dollars are going to such an unnecessary form of mild torture to others arrested in this County.
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At 19:30 I ask an important question: "Should the government be able to get around the Bill of Rights just by renting public land to someone who has a lot of money?" This is just what is happening in this case.
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At 19:50 to 20:33 I sing a few bars of "...bad boys, bad boys, what cha' gonna do? What cha gonna do when dey come for you?"
I'm thinking as I am being driven to the Snohomish County Jail: "I'm a political prisoner, and we live in a police state." and that ultimately, I will be unbroken, and this will turn in to a massive victory for our civil liberties.
I'm generally a fan of the police. But this region has dozens of murderers, rapists and thieves who are on the loose. And shoplifters. And these cops think it's important for them to be spending their time arresting 61-year-old, grey-haired, balding old dads for collecting petition signatures at a public event in a public park. smh
Here are some interesting facts. The handcuffs hurt. 2 on the pain scale out of 10. We old guys don't have flexible shoulders, so it hurts to have our arms held behind and then having to lean against them. No cushion on the car seat. Half hour drive to Snohomish County jail normally, but I was in the car in this painful position for 55 minutes.
