Re: Re: Altanta Protest Arrests (Legal info)



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The Code of the County of DeKalb, Georgia can be found at http://www.municode.com/Resources/gateway.asp?pid=10637 &sid=10
Public Gathering.
Sec. 16-92. Public meetings.
(a) Nothing in this article shall be interpreted as prohibiting use of county property for meeting purposes by citizens of the county, provided such meetings are to be held at a time which will not interfere with regular and/or official county administrative business, and that no unusual maintenance and security costs will be placed upon the county; provided, further, that written consent shall have been first obtained from the chief executive.
(b) As an exception to subsection (a) of this section, there shall be designated a location within the courthouse campus area which may be used as a public forum under peaceful and lawful conditions, at the will of any citizen, provided such assembly does not interfere with county business or encumber any person having or desiring to conduct business in the county facilities. The subject area shall be identified by the chief executive and shall be subject to change as conditions necessitate.
Sec. 17-211. Definition.
In this article "parade" means an assemblage of persons, groups of persons, vehicles, bands, floats or devices gathered together in public with some circumstance of show and shall not include a funeral procession or an assemblage of public officials gathered for any purpose in the public interest.
(Code 1976, § 8-11018)
Sec. 17-221. Required.
It shall be unlawful for any person or group of persons to hold or participate in a parade in the unincorporated area of the county, without first securing a parade permit from the county.
(Code 1976, § 8-11019)
Noise Ordinance.
Sec. 16-58. Disorderly conduct.
(a) It shall be unlawful for any person to act in a loud and boisterous, reckless, unruly or violent manner for the purpose of insulting, degrading, or inciting another or a group of individuals in a public place.
(b) It is not the intent of this section to restrict any individual's right to free speech.
(Ord. No. 90-32, § 1, 8-14-90)
(((Might have a case there, Freedom of speech!)))
This one wasn't exactly verifiable, as it comes from www.dunwoodynorth.org/zoning
Noise
DeKalb Ordinance (Chapter 16/Art III/Div 1/Sec 16-46)
(a) It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual sound or noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the county, and which is audible to a person of normal hearing ability more than fifty (50) feet from the point of origin of the sound or noise.
But there seems to be evidence of support, here,
Sec. 16-46. Reserved.
Editor's note: Ord. No. 06-04, Pt. I, adopted July 13, 2004, repealed former § 16-46 of the Code, which pertained to noise and derived from the 1976 Code, § 10-2002.
However, I haven't found Ord. No. 06-04.... I don't know what list they are talking about.
This might be of great help, if you are in DeKalb County, and the Co$ sends picketers to your house...
Sec. 16-28. Residential picketing prohibited.
(a) It shall be unlawful for any person to engage in picketing upon, before, or about the private residence or home of any individual.
(b) Picketing shall include, but not be limited to, the following types of activity:
(1) Staging a public or private protest of any kind.
(2) Obstructing passage to or from a residence.
(3) Promoting a strike or a boycott at a residence.
(4) To intimidate or otherwise harass the resident.
(c) It is the purpose of this section to protect and preserve the home, inasmuch as the public health and welfare and the good order of the county require that citizens of the county enjoy a feeling of peace, well-being, and privacy in their homes at all times.
(Ord. No. 89-15, § 1, 4-11-89)
Editor's note: Ordinance No. 89-15, adopted April 11, 1989, did not specifically amend this Code; hence, inclusion of § 1, as § 16-28 was at the discretion of the editor.
...It's illegal.
I would like to take this opportunity to say thank you to everyone who has participated in this.
Get the facts, It's all out there, know the rules before you play the game.
Thanks a lot, and keep it going strong.


Tags for this video: Anonymous Arrest Atlanta Chanology Church County DeKalb Law Police protest Scientology

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thanks, I'm trying ... ( 3 months ago by phavix)
thanks, I'm trying to do what I can to be... well... nice :P
well its true lol.. ... ( 3 months ago by brundontfreeze000)
well its true lol... i mean there really isnt no leaders... the protest happen are arranged by choice... you choose to go... you choose to arrange.. people baiscly say yay or nah to an idea and it happens...
Rights aren't ... ( 3 months ago by elendil403)
Rights aren't license to do what we want. While Anonymous has every right to protest, permits help distinguish the good and bad, and help police prepare in case of conflict (i.e. crazy Scientologist who may want to get back at Anon could be stopped by police). Virtually all 1st Amendment rights (ie. speech, assembly) have been limited by the Supreme Court with time, place, and manner restrictions. Permits help guide those factors.
Erm...the big legal ... ( 3 months ago by mmmirele)
Erm...the big legal mistake here is that this is not a parade. This was a picket. The parade ordinance does not apply. I vehemently disagree with the idea that you need a permit to hold a picket.
That said, I would have to look to Georgia case law to see how the law has been interpreted in the past, but a parade implies strongly to this non-Georgian that you are taking over a street and blocking traffic and moving up and down in the street. That is NOT what happened here by all accounts.
Check the links in ... ( 3 months ago by phavix)
Check the links in the explanation, Georgia/DeKalb laws and ordinances are there, and a 'Group of people..." under 'motor-vehicles' ordinances, constitutes a parade. It says nothing about the street. It's rather loosely defined.
I go agree that it's a 'weak leg' to stand on, but it seems to be the stance that they are making. I also vehemently disagree with the idea.
Wow, thanks. ( 3 months ago by Brothergeorge)
Wow, thanks.
What if a person ... ( 3 months ago by Paresthesia)
What if a person was honking his horn for a reason other than the protest? Would he be ticketed then? I don't think so. I know you're trying to legally rationalise the arrests, but I don't think there's a way you CAN legally rationalise it. They were false arrests and false citations. My guess is that the CoS paid the DeKalb county police a hefty amount of money to arrest anyone who went against them.
Oh, I fully agree ... ( 3 months ago by phavix)
Oh, I fully agree that these arrests were BS, and senseless. Furthermore I think that there was some failure in following procedure.
I was just laying down what the legal charges would or could be, and why someone would want to get a lawyer to look into it. I thought it would be nice to put more legal information in there to help with future protests.
No problem bro ( 3 months ago by phavix)
No problem bro
Its NOT a parade ... ( 3 months ago by GUMBYtheUNSTOPPABLE)
Its NOT a parade bro!
I'm aware of that, ... ( 3 months ago by phavix)
I'm aware of that, homes, Totally, I just looked at your codes to try to figure out what they charged them with... It's a really weak charge, and I think a good lawyer could fight it and win.
Thank you Phavix! ( 2 months ago by xenu12)
Thank you Phavix!
Thank you ! ( 2 months ago by ericcartman321)
Thank you !
You my friend are a ... ( 2 months ago by DamienFernandez)
You my friend are a champion. Really great info dude...GREAT!
Damien Fernandez
cool, thanks! ( 2 months ago by phavix)
cool, thanks!
i think you should ... ( 2 months ago by paedrough)
i think you should probably eat less carrots.
Because I am ... ( 2 months ago by phavix)
Because I am starting to look like one? or do Carrots do something else to people?
you look really ... ( 2 months ago by paedrough)
you look really orange.
Oh, that's my ... ( 2 months ago by phavix)
Oh, that's my fabulous orange light. I like Incandescant Lightbaulbs.... I can't spell either.
ahhh... i thought ... ( 2 months ago by paedrough)
ahhh... i thought you had a skin condition, hahaha
Hahahahaha, I might ... ( 1 month ago by phavix)
Hahahahaha, I might a skin condition, but it's not "Orangey-Face." at least... not yet!
Hey man, thanks for ... ( 1 month ago by cappastrano)
Hey man, thanks for the info. I was not involved with this, but now that I know about it going on in my city, I'll be there.
Fre speech can not ... ( 1 month ago by gubnillec)
Fre speech can not be contained. Thankfully I have a lwyer who is both an asshole and a personal rights maniac. I suggest others contact the ACLU before the next protest. Get your "permits" all.
I saw that, It's ... ( 1 month ago by phavix)
I saw that, It's incredible, but I'll go see if something has changed, because, I was there 3 weeks ago, an I might have moved up in appreciation for their site. I wonder if they are going to like me more and more, or less and less.
Whatever, it's cool. Like a Badge of Honour!



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