Police Shakedown Sponsor of Demonstration-Campaign Drive Rally for “Jerry’s Kids”

ST. PETERSBURG, FL – In retaliation for openly speaking-out at a public hearing and writing articles, letters, e-mails, and faxes to the Mayor and Members of the City Council criticizing them and a new City Ordinance that does not allow panhandling or soliciting for money from vehicles or pedestrians in the streets/roads which includes Firefighters who for 56-years Nationwide have had their ”Fill-the-Boot for Jerry’s Kids” Campaign Drives, the City of St. Petersburg Government and its Police violated a Veteran’s and Muscular Dystrophy Association (MDA) Patient’s First and Fourth Amendment Rights by “chilling” his Free Speech and making illegal searches in order to unlawfully intimidate, harass, and discourage him from exercising his First Amendment Rights to peaceably assemble and to express his viewpoint in the future. 

Our Constitution guarantees that when one peaceably exercises their First Amendment Rights they should be able to exercise it without Government interference and without fear of being subjected to unreasonable searches and seizures without probable cause.

This Writer, Terry Richards started the Demonstration early about 3:30 p.m., on Monday, June 14, 2010 at the intersections of 66th Street North and 22nd Avenue North which is in the St. Petersburg, Florida City Limits.

Veterans for Jerry's Kids; Sign: A Crime?

At about 4:00 p.m., Marcus Grayson from 10-Connects News filmed my Demonstration and interviewed me about it.

At about 5:30p.m., after about 2-hours into the Veterans for MDA first “Fill-the-Gap” for Jerry’s Kids Demonstration & Campaign Drive Rally” which I sponsored, St. Petersburg Police Officer B. DeJesus pulled up in the Sears Tire Store parking lot just adjacent to where I was Demonstrating and summoned me to his vehicle.  DeJesus then asked me what I was doing because there is a new Ordinance that does not allow panhandling or soliciting for money from vehicles or pedestrians in the streets/roads which includes Firefighters who for 56-years Nationwide have had their ”Fill-the-Boot for Jerry’s Kids” Campaign Drives.  But now they are prohibited and all I was doing was offering an alternative to those Donors who normally contribute to the Firefighters to now Donate online.  Plus wording on the sign also stated that “NO DONATIONS ACCEPTED HERE.”  I was also subtly Demonstrating against the new Ordinance as well.

I explained all of the above to DeJesus and also told him that I e-mailed and faxed a reduced copy of the sign and a Press Release to City of St. Petersburg and to all News Media in the Tampa Bay area explaining exactly what I was doing and that I would not be Violating the Ordinance because I would not be accepting donations and therefore, would not be interacting with pedestrians or traffic/vehicles in the street/road.  Then DeJesus said “Do me a favor; get a note from the City next time saying you can do this.”  I responded that I do not need a note.

Then DeJesus asked me “what did they (the City) say about the information you sent to them, did they give you permission to do this? I responded to DeJesus by saying “I was not asking the City for permission, I was just letting them know what I would be doing because as it is my First Amendment Rights to express my viewpoint and peaceably assemble to demonstrate.”  WRITER’S NOTE:  However, I believe in one of my e-mail communications to the City before I actually set the date, time and place, I did ask them to respond if they thought what I would be doing violated the new City Ordinance but I was not asking them for permission.  But I never got a response from them. 

Then DeJesus asked me “What other signs do you have in that bag?”  Extra copies of the same sign I am carrying I told DeJesus.  “Open the bag so I can see” said DeJesus.  I opened and emptied the bag and showed the exact extra color copies of what I posted on the sign I was carrying.  WRITER’S NOTE:  In addition to my Backpack, I was also carrying a 30-gallon black garbage bag filled with extra copies of the sign and to keep the sign in while traveling to and from the Demonstration on the Public Bus.

Did you collect any money asked DeJesus?  No I said.  But one vehicle pulled into the parking lot where you are and a young lady got out of the car and tried to hand me what looked like a couple of dollars and some change but I advised her that I can’t take any money here and pointed to the MDA.ORG website address to make a donation.

Then De Jesus asked me for my Drivers License and I handed it to him and he got into his car and checked his computer, I guess to see if I had any outstanding warrants.  I did not have any nor have I ever had any.  In fact, not only have I never been convicted of any crime, I have not even been arrested for any reason whatsoever, and I am 61-years old.

Then DeJesus opened his window and asked me to hand him one of the extra color copies and he got on his cell phone for what seemed to be about 5-7minutes and appeared to be reading it to his superiors back at the Police Station. 

After DeJesus got off the phone he related to me that his superiors told him that I was not violating the new Ordinance and he gave me back my Driver’s License.  Then he advised me he was going to give me a Business Card with a Police Report number 2010-40108 and that if I am questioned again by another St. Petersburg Police Officer for Demonstrating under the same circumstances that I should give him this Police Report number so he can find out that I was not violating the new Ordinance.  WRITER’S NOTE:  At this time I have no idea what is written on that Police Report.

 Then DeJesus asked me to open my Backpack to see if I had any loose dollars bills or change in there.  I opened it and took out a bag of towels I had to wipe the sweat off my face while demonstrating in 90 degree weather, and just some miscellaneous items which he also checked.

Then for the same reasons to see if I was hiding any money he asked me what was in my right pocket and I told him it was my cell phone and emptied that pocket and showed it to him.  My cell phone was in a leather case which was evidently protruding.  WRITER’S NOTE:  I had about $30 in my wallet of my own money and part of that was 4 or 5 one dollar bills.  Although he did not ask to see my wallet, but if he had, would that have meant that this money was from donations rather than my own?  Of course it would not have meant that.  This is why we have the Fourth Amendment to stop Police from unreasonable searches and seizures without probable cause.

Then De Jesus advised me that I was free to leave.  WRITER’S NOTE:  I want to make it clear that at no time was Officer De Jesus discourteous to me as I am sure he was just doing the job he was told by the Mayor and/or Members of the City Council and/or the City Attorney, and/or the Police Chief, all of which I predicted would happen in a letter I faxed to A. Brian Albritton, the U.S. Attorney for this area requesting U.S. Marshals at the Demonstration to Protect my First Amendment Rights, but I never heard from him and the Marshals never showed.

Based on all of the above, it appears that the said City Government of St. Petersburg including its Police Department do not have a basic understanding of the meaning of the First and Fourth Amendments to the United States Constitution, as not only did they violate my First Amendment Rights to express my viewpoint and to peaceably assemble to petition the government for a redress of grievances, they Violated my Fourth Amendment Rights to unreasonable searches and seizures without probable cause.

Click  onto link for related Story City wants to Ban “Fill-the-Boot” for MDA

http://www.veteranstoday.com/2010/05/27/city-wants-to-ban-%e2%80%9cfill-the-boot%e2%80%9d-for-mda-2/

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