Another Person Arrested for “Impeach” Sign
Watching Melissa Etheridge on TV at the Live Earth concert persuaded Jonas Phillips and his wife, Kindra, to go out and do something about the Bush Administration’s abuses.
So they made a cardboard sign with “Impeach Bush Cheney” on it.
And they held that sign on the sidewalk of the Haywood Road Bridge over I-240 in Asheville, North Carolina, on several different occasions this summer.
Like Kevin Egler of Kent, Ohio, who was arrested for illegal advertising with his “Impeach” sign (see http://progressive.org/mag_wx081307), they got in trouble for theirs.
One day at the beginning of August, Kindra was standing on the bridge sidewalk at about 4:00 p.m., Jonas says, when she was approached by an officer.
“She asked him whether she was doing something wrong, and he said no, but that he’d gotten a complaint from one person who called in four times,” Jonas says.
Jonas held the sign up three or four times in the mornings, around 7:30, for about 20 minutes, since the bridge is near where he works, he says.
On August 15, he’d been there for about ten or fifteen minutes when a police car pulled up and parked behind him.
Officer Russell Crisp asked for his ID.
“I obliged,” Phillips says.
“He asked how long I planned on being there. I said about 5 minutes, since I had to be at work at about 8:00. I asked him if I was doing something wrong. He said he was waiting for a sergeant to arrive.”
Within a couple of minutes, Sergeant Randy Riddle did arrive.
“These were the first words out of his mouth: ‘Put down the sign. Put your hands behind your back. You’re under arrest.’
“I asked him why was I being arrested.
“He said, ‘I’m sick of this shit, you’re going to get your 15 minutes of fame, now, buddy.’ ”
When Phillips asked again, he says Sergeant Riddle responded: “You’re obstructing the sidewalk.”
Phillips says he pleaded with the other policeman.
“Officer Crisp, you just saw a man walk by me with no problem.”
But to no avail.
Phillips said he then glanced at Sergeant Riddle’s nametag, and again the officer was belligerent.
“He’s pushing his nameplate at me, saying, ‘That’s Sergeant Riddle, buddy, get it right.’ ”
Sergeant Riddle put Phillips into Officer Crisp’s squad car, and Crisp drove Phillips downtown and booked him
“No one ever read me my rights,” Phillips says. “And when I was booked, I was questioned several times about any affiliations I had with any groups, including Veterans for Peace.”
Phillips responded: “I told them I wasn’t part of any group. It’s me and my wife, just the two of us.”
Sergeant Riddle refused multiple requests, both by phone and e-mail, for comment.
Police Chief William Hogan responded to my e-mail by writing: “We want citizens to be able to protest and exercise their freedom of speech,” said Chief Hogan. “What is important for everyone to understand is that in exercising this right you cannot endanger the public or infringe upon the rights of others. . . . The Asheville Police Department is a professional, well trained, and accredited agency that is committed
to protecting individuals’ Constitutional rights. Our Department has assisted with untold rallies and protests to protect citizens’ opportunity for free speech while maintaining the safety of all individuals present. . . . In this case, the actions of Mr. Phillips were impeding the flow of traffic and endangering motorists by holding a sign over Interstate 240 during rush hour traffic, which could have caused a serious
traffic crash. It is unfortunate that this event and the motives of the officers have been misconstrued to represent an act by the Asheville Police Department to deprive someone of their Constitutional rights.”
A press release from the police department said that Phillips had crossed “three lanes of traffic on the bridge, thereby impeding the flow of traffic.”
Phillips says he did cross the street, but there was no traffic to impede. He says the speed limit on the street is 20 mph, with lights on both sides of the bridge.
The press release from the police department added that “the department had received multiple complaints over a two-week period last month about individuals holding up signs at that same spot.”
And, in what Phillips considers an ominous threat, the press release stated that the police were considering more serious charges: “He may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpass, which poses dangers for motorists passing below. The officers can attest that as Mr. Phillips held his sign over the edge of the bridge, drivers on the
interstate were slowing down and honking their horns, which also created a traffic hazard.”
The statement quoted Chief Hogan saying, “It was not the content of the sign, but the risks posed to drivers that precipitated our actions.”
“That’s a bunch of nonsense,” says Phillips. “It’s total harassment to me. If the content of the sign wasn’t an issue, why was I questioned repeatedly about which political groups I was a part of?”
Phillips has a September 24 court date.
Matthew Rothschild is the editor of The Progressive magazine.
© 2007 The Progressive
What would have been the reaction had his sign read
“Support President Bush and our troops”?
Just curious.
Waterboard him until he confesses, that he is an American citizen who does not like Cheney/Bush and knows that they have both violated our Consitution and should be impeached immediately. After he confesses, prison at Gitmo for three years and sieze all of his property.
Tin soldiers and Bush is coming.
The answer to this problem is to carry blank signs with no writing on them. The implication being that no speech is no equated to free speech. The same could be done with burning white flags. The defense of someone arrested for such activity would be to claim that the white signs and flags repesent surrender.
I think I am going to spend the rest of the day in my Legal Research class with fellow class members and find out what can be done about MR. Officer Diddle. My Department Chair is the Former police chief, My professor and her boss are both practicing attorneys. I will be fairly soon as well.
I want to have every right, law, statute down to the “T”. So when people of lesser intelligence like Officer Diddle decides he is the end all to the law. He will be put in his place.
~Future~
Cabbage fed Riddle showed his colors as Bush “yellow” as he flashed his tin badge and actually threatened him. Did he show him his black and red arm band?The sign of a neo-con nazi.
There are billboards up all along highways. Huge signs designed to capture the attention of motorists. The N.C. police had better get busy removing those too, right Chief?
Take away their badges, and these police-state bullies are nothing.
Exactly Bucephalus, they even have the flashing light billboards here that are VERY distracting, but that’s corporate Amuuurika making a buck, that’s legal…
Interesting choice of names, I remember reading the story of Bucephalus as a child (horse nut)
Those Officers have been added to the list of Constitutional Traitors.
Coffee,,,,,,
Great, by this logic all billboards and advertising that can be seen from an interstate should be banned as a safety hazard.
The interesting part is the example of how a little power in the hands of a police officer can be abused. This is what our founding fathers understood after years of British rule. That’s why they put in protections for citizens and were willing to limit the powers of the police. This drive in the last few decades to constantly say that the police are some sort of saints there to protect us and that we must give them everything they want and not limit them at all is the problem.
Regardless of the status of any tickets to the individual, a responsible police department would reprimand and probably suspend that Sergeant for his aggressive actions to a citizen that he’s supposed to be “protecting and serving”.
Ummn, remember the bus driver who had to pull over to let a Bush cortege driver and flipped a finger - and was fired?
Getting screwed in one way or another for being a citizen goes with the territory, but remember Pete Seeger’s song, “one man’s hands can’t change the world, but if two and two and fifty make a million, we may see that day come around…”
(quote after memory)
Bucephalus and followers have said the most obvious: billboards are more distracting and dangerous.
My thanks to Jonas and Kindra Phillips — and I hope we are apprised of any need for a Legal and Defense fund.
Living in a fascist state really sucks doesn’t it?
Where are the others in their community? Why aren’t others taking the Phillips’ place on the bridge? I think we need to fill the Asheville jail, and if I were within a few hours drive, I’d be there.
Arlo Guthrie had it in “Alice’s Restaurant:” if one person does it, they’re a loony; if two do it, it’s a conspiracy; if three or more do it, it’s a movement.
Typical cops.
They said he was obstucting the sidewalk, then trying to cause an accident on the road below, then blocking trafic on the bridge. But the real reason is clearly the one inplied by his questioning after the arrest, his political views that the cops don’t like.
As someone who lives in a city and has observed numerous cases of cop misbehavior such as:
1. Attacking peaceful demonstrators, including tazing and people exercising nonviolent sitting protest;
2. Harassing or even arresting black people if they wander into a white neighborhood; while they,
3. Refuse to arrest a trouble causing herion addict neighbor on my street because she is white; while they,
4. Deliberately neglect the blighted, gang-run neighborhoods where they are really needed - because they are black neighborhoods which they don’t give a damn about.
You should understand that cops, to the man, are racist, fascist bushlovers. No mystery to why this is, it is simply a consequence of the fact that anyone who wants to be a cop very likely already has authoritatian tendencies.
There’s a mansion at the Hillsboro Bridge on Florida’s Intracoastal (the one with two lions at the gate) that had a huge “Impeach Clinton” sign on it back when. Arrest him too!
Free speech in America. Ha ha ha ha ha!! What a load of bull. And, remember, the world is watching…
Let it stand. That way the precedent will prevent the corporations from putting up those distracting Las Vegas style video billboards. Oops, then it will cost a corporation some opportunity to advertise and make money, can’t let that stand in the “home of the free to make a profit”. Game over.
There is freedom of the press in America for those who own the press.
My local paper permits 500-word letters to the editor in the Sunday paper, but edits out the controversial stuff.
I just checked the archives of the local paper, the Asheville Citizen Times. All articles older than 7 days cost money to download, so I could only read the first paragraph.
But, it appears that on August 22, the Citizen-Times published an editorial fully supporting the arest and charges - claiming Phillips was causing a danger to the traffic passing below and was therefore akin to shouting “fire” in a crowded theater.
On August 22, a news story stated that additional charges were being considered against Phillips.
In the past week, there were two letters to the editor protesting the arrest and charges - from someone in New York, and someone in New Jersey. No doubt they will be disregarded as just america-hating yankees.
Asheville, N.C. wonderful place!
Anyone who supports him and who is able needs to get out to that overpass with signs a plenty. Meanwhile, so the argument is: giant, obnoxious billboards DO NOT distract drivers, but small hand-held signs on an overpass bridge do?
“The Asheville Police Department is a professional, well trained, and accredited agency…” So is the NSA, the CIA and the LAPD. So what?
i then checked Asheville’s free-tabloid-weekly, the Mountain Xpress, and found this choice piece of news:
http://www.mountainx.com/news/2007/flagged_down_activists_arrested_in_row_over_protest_flag_allege_abuse_by_bu
“He may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpass, which poses dangers for motorists passing below.”
What a crock of BS…one could use that reasoning to argue against directional signs and billboards as a danger to motorists (besides being a blight on the landscape)! Sounds like a republitard cop with an axe to grind.
Kinda takes us back to an aggressive country in Europe circa 1940s.
Pretty scary!
So send the Police Chief and Asheville Police Department an email
about your views:
whogan@ashevillenc.gov = Chief William Hogan
internet/police@ashevillenc.gov = General Police Dept. email
Got this from the Asheville City web site:
www.ashevillenc.gov
Simply amazing.
I like Ray K’s idea. Someone should duplicate exactly what Jonas did but with a pro-Bush or pro-troops sign of the exact size and in the exact place.
Cameras on hand should record what happens.
email the ashevill, n.c. police department and let them know how you feel about sgt. riddle and all the sgt. riddles hiding under their “pro bush” rocks what you think of them.
internet/police@ashevillenc.gov
Sgt Riddle should be behind bars.
Gee…….Hitler also has these types around…then they was called the SS…and made sure that everyone but themselves obeyed the law they wrote…they was extremely brave…they usually was behind the front lines to make sure others never ran…but oh boy couldn’t they run…sounds just like the Repthugs…Shrub’s goon squad…be very afraid…or the bad boy’s will come for you
I live in Richmond, VA. We had a woman and her 6 year old daughter arrested and thrown into the back of a police cruiser at a July 4th celebration for holding up an impeach Cheney sign. I emailed Mr. Rothschild about it a few weeks ago. I think the ACLU is checking into it.
There’s a whole lot of right-wing goons on police departments all over this country.
If safety were an issue a sign posting this danger would have been at the site to notify all.
All is permitted unless prohibited by statue that is promulgated with proper notification. Even then one cannot prohibit inalienable rights by definition.
Liberty is too precious.
‘”Give me liberty or give me death” is a famous quotation from a speech made by Patrick Henry to the Virginia House of Burgesses.’
Asherville N.C. is a community of very rich far right Bush supporting people, who have million dollar plus homes. It’s a beautiful area in the lower elevations of the mountains. I will hate to see what happens when Phillips goes to court Sept 24
If the second cop had been decent, he would have explained in a polite manner why they preferred Phillips did not show his sign at that particular location. Unlike some opinions posted here, PJD in particular,__ ALL cops__ are not racist, fascist, Bush lovers. On the contrary, many are very decent people who do serve to protect and defend. ___ Some are not, one like this cop is too many.
You know to be very fair, Perhaps Phillips was holding the sign over the side of the railing and if dropped could cause an accident. We weren’t there. Perhaps Phillips used words that were derogatory and or abusive. We were not there. If protesting, we should have someone there to video-tape and record conversations.
I’m not saying we don’t have every right to hold up signs and protest anything we damn well please, as long as we are not violating any laws or ordinances. We were not there when Phillips had his altercation with the police. I think the cops were wrong here, but there are always two sides to an argument.
But wait — there’s more. If you link to the local paper here:
http://www.mountainx.com/news/2007/flagged_down_activists_arrested_in_row_over_protest_flag_allege_abuse_by_bu
You’ll find that the sheriff busted down their door and hauled the couple off to jail, and that the US Army (In the form of National Guardsmen) harassed the couple. Can anyone say SS, Gestapo, KGB yet?
Let’s all take action and flood the mayor and chamber of commerce with letters decrying police bullying.
Mayor: mayorbellamy@ashevillenc.gov
Chamber of commerce: kmiller@exploreasheville.com
Here’s what I sent:
Over the years, my family and I have been frequent visitors to Ashville. We have spent thousands of dollars in your hotels, restaurants and stores. Unfortunately, I find it may not be safe for me to visit there any more, because of the actions of your police department.
You see, I’ve just been informed that a citizen in your city was arrested for exercising his right of free speech by displaying a sign urging political action against our President. On August 15, Jonas Phillips was arrested by city police and deprived of his due process rights for briefly displaying a sign urging the impeachment of the president and vice-president. This may be an unpopular opinion in your city and among your police force, but no democracy can function if free expression is repressed or discouraged. Despite how the court adjudicates the charges against Mr. Phillips, the mere fact of his arrest and the denial of his right to due process demonstrates the willingness of your city to engage in repression of political speech and abuse of human rights. Those rights, indeed, guaranteed by the United States Constitution and imparted not by the government but by the creator.
Since you see, there are only two ways to interpret this. One is that the action of the officers was countenanced, even encouraged, by the city; In which case, the city has abandoned democracy and become authoritarian and inhospitable to visitors. The other is that the action of the officers was not countenanced by the city, but that the city is unable or unwilling to restrain its officers from acting against the law and natural rights. In that case, the city is unsafe because the police have become a law unto themselves and rule according to their own inclinations and prejudices, not by the rule of law.
Either way, it seems your fair city is no longer a safe place for me to vacation. On entering the city, I and my family would be risking detainment and arrest for anything we might do or say, that could be construed as offensive to a police officer. When I visited the Soviet Union in the 1970’s, it was just this fact of life in a totalitarian society that I believe my own country stood against.
I am truly grieved by this development, and do hope that you and the leadership of the city see your way clear to again embrace American values and enforce those values upon the actions of your police department. Should that be the case, I will once again happily make your city a family destination.
Here’s a poll for my friends here to take:
How many rights in the Bill of Rights do we actually have left?
None
foxwizard,
Thanks for the link. It looks like there are a lot of upset citizens in Asheville who support the Kuhns if you read the posts. A few people support the police and their actions, however, the majority resent it and want to see some legal recourse taken against what they perceive to be police brutality. Kem Patrick is right - we were not there, so it is difficult to surmise exactly what Jonas Phillips did. As far as my two cents goes on free speech, clearly it was a violation on part of the officers, especially Sergeant Barney Fife who obviously needed to release a little steam. And as many of you posted, why not declare billboards and flashing signs a dangerous distraction to motor vehicles? But at the same time, maybe Jonas was waving the sign so it was a distraction to motorists and feasibly could cause an accident. Still, I think the officers could have used a little more professionalism and tact by explaining the (real) law and asking Jonas to leave, and if he refused, cite him, and if he still refuses, then take him into custody. Bottom line, an attorney representing Jonas (ig he hires one) will have a field day with the actions by the Asheville P.D. And I too must say, as Kem points out, that there really are many good law enforcement officers who do make a conscientious effort to protect citizens and use good judgment and professional conduct. Some of my friends are police officers, and they really have the public’s interest in mind, especially its safety.
FOXWIZARD, Thanks for the link. However, that busting down the door was a different case, not the Phillips arrest.
In the door case, again you have a story with two sides. The Kuhn’s were stupid to not cooperate with the police. The officer had every right to ask them for their identification so he could properly fill out his required paperwork. They couple were breaking the law and the officer explained the law and even gave them acopy of the state law to read. They complied with his request to take the flag down, or remove a picture of Bush from it. Fine and dandy, but they refused to give the officer their names or show ID and ran from him and locked themselves in their house. They were looking for trouble and they found it.
If we wish to peacefully protest, we cannot break any laws while doing so or we not only lose our credbility, we can end up with big time trouble with the law. Then thngs can snowball, if our employers decide they don’t need our services anymore fo rexample, out of a job. Stupid actions usually come out on the short end of the stick.___ Protest,___ I do, but be cautious and halfway smart about it. You screw wth the “bulls” and you get the horn.
LOL Kem, we still have one left! You do NOT have to quarter soldiers in your home! Pretty cool, huh?
Oh yeah, these guys got badges and guns and a license to kill, anybody anywhere anytime. Period. The only reason this man didn’t get a broomstick shoved up his ass - he’s white. The monsters own the monopoly on violence, there is no law for them. Just ask George.
Besides, this is NC, one of the premier states of the former Confederacy. 20 minutes after the collapse and breakup of the US they will re-institute gender slavery for all females, 12.5 minutes after that they will re-institute racialized slavery with debt bondage for the white males. This process will be replicated not just throughout the former confederacy but in about 35 states across the former Empire. Many “New States” will be nuclear after they take over the former Federal Arsenals. Others will be heavily laden with chemical and biological weapons. The only question will be whom they will be visited upon. It won’t be the Iranians. More likely Boston or New York. Hartford will once again become the Insurance Capitol for the slave trade and their produce. They’re good at that and their only reason for existence is PROFIT, maximum short term PROFIT by any means necessary.
Live by the sword, die by the sword.
Piece.
Brownshirt thugs like Sgt. Riddle are a disgrace to the badge.
And all the “good” police officers who fail to step up, stand up and live up to their oath to the constitution are just as bad — accessories after the fact, at best.
Liberty & Justice,
SJ
www.spartacusjones.com
Here’s what I sent to the mayor - -and copied to the chamber of commerce and tourism board:
contactus@ashevillechamber.org; djackson@exploreasheville.com; dstephens@exploreasheville.com; mayorbellamy@ashevillenc.gov
Mayor Bellamy,
I have read with much concern and regret of the actions of one Sergeant Randy Riddle, whose encounter with Jonas Phillips upon his expression of his Constitutionally-protected right to freedom of speech by holding a sign expressing support for the impeachment of President Bush is reported as follows:
…deleted for brevity
That would be bad enough, but then Chief William Hogan responded to the incident like so:
…deleted for brevity
If North Carolina drivers are liable to crash upon viewing signage, I would think that government officials all over the state need to declare an emergency until all billboards are removed from highways immediately. If on the other hand an individual’s right to demonstrate peacefully was abridged in this case, and ignoring Miranda rights is part of police protocol, why should we believe that the police defend rights on other occasions?
What the police department considers endangering citizens is obviously an arbitrary, concocted excuse for squelching speech with which Sergeant Riddle didn’t agree. The most compelling evidence for this is that Mr. Phillips questioned repeatedly about political groups with whom he was involved. Freedom to associate is also guaranteed by the Constitution, as you know, Mayor Bellamy. Unlike the Soviet Union, we owe no duty to inform police officers of those affiliations whatever they may be.
It would seem, Mayor Bellamy, that the only person getting their fifteen minutes of fame is Sergeant Riddle, and it’s best called “infamy” instead. This incident will certainly make me think twice as to whether traveling through Asheville NC is prudent.
Sincerely,
My advice to Kindra is don’t plead guilty to anything. Chances are the prosecuter will try to make a deal with you eventually. Also don’t be surprized if the police report is slanted with lies against you. Frankly, around here northern MN, you probably would have been charged with Obstruction of the Legal Process for asking a question. I also wonder if they would have treated your husband the same way. Around here the bad cops prey on a lone woman or weaker young males. Again, do not plead guilty to anything no matter what they offer. Stay strong and positive.
This country has two ways of treating thugs. One is to give them a number stamped on an orange jumpsuit; the other is to give them a number stamped on a badge.
“Imagin a boot stamping on a human face - forever.”
This country has two ways of treating thugs. One is to give them a number stamped on an orange jumpsuit; the other is to give them a number stamped on a badge.
“Imagine a boot stamping on a human face - forever.”
Once I saw through a glass darkly……but now I see clearly, face to face ( paraphrase ): anti-Vietnam war activists called these abusers of authority “fascist pigs”. Seems they are still with us and clearly exhibit what living under martial law could be
like. Brrrrrrrr.
“This country has two ways of treating thugs. One is to give them a number stamped on an orange jumpsuit; the other is to give them a number stamped on a badge.”
Amen! The the same sociopathy lies behind both…
OK, here is what I wrote to the chamber and the mayor. I’m afraid to write to police, they might report me and make it impossible for me to go to Toronto or Montreal
I love Canadians!
Topic: A wonderful place to visit if you…
Love the war in Iraq and don’t question the Liar who parades as president.
Beware if you say the Emperor has no clothes in Ashville.
I read posts on commondreams.org. every day. I discovered on there the nice “welcoming” city in NC that I go for retreats, that I take friends to when they visit the south is a place that is oriented towards Nazi Germany.
After what you and you’re police department has allowed to happen in Asheville I won’t be visiting soon. You know what I’m talking about. There is no way I can visit your town again. It’s off my list.
Sergeant “in your face Riddle”…..has done more good for your town than you could ever imagine. I will never visit Ashville again or bring my friends there to tour Biltmore. Why? They’re liberal like me and if we have the wrong bumper sticker on our car, I’ll be arrested for causing an issue with traffic.
Sorry, don’t need that stress….
Peace and best wishes with your hiring choices.
Now you know why cops in general used to be called pigs.
I’m sorry to see comments that group all police officers into one catagory. That is the same as racism and I don’t believe it’s progressive, fair or decent. If you ever really needed a cop, bet you’d be glad when they came to help you. It is the same as sayng all whites are WASPS.
This is Jonas’s wife, Kindra. We have not heard any update from the police department yet. We have a lawyer, the only member of the National Lawyer’s Guild in North Carolina. You can visit our blog: gaiastears.blogspot.com. We will keep an update along with a link to our legal defense fund.
A friend saw four people on the same bridge earlier this week. Although we do not know who they are, we are grateful for their solidarity.
Thanks for all the support here as well.
Spree Feech!
Thanks, Kindra and Jonas, from my family and I. You’re REAL Americans.
The bottom line is intimidation and to make Jonas and anyone else who might be thinking about excising their free speech rights, think twice.
Remember the so-called “free speech zones” at the Democratic National Convention in Boston and other rallies. Fenced in areas with barbwire on top.
The idea is to intimidate people so that they will not participate in protest..So, that they will willing submit to a civil rule, even if that rule violates their rights under the constitution.
If what Jonas says is true about what took place then, the offices in question should get a stiff reprimand and sent back to school for a course on the Bill of Rights.
In fact that is good idea, all police offices should be get a refresher course on the “Bill of Rights” annually.