Do
we still have Freedom of Speech
in Mohave County?
by Gianluca
Zanna
photo courtesy by Kingman
Daily Miner
This video thanks to KLHU.tv
TV Station Lake Havasu AZ
Here
how the story starts...
An email similar to this letter was originally sent December the 2nd 2009
to the 3 supervisors
Then December the 3rd 2009 also forwarded to the County Attorney Matt
Smith
All followed by documented phone calls to their respective
assistants...
No answers until Wednesday, January 06, 2010 when thanks to the Kingman
Daily Miner we have the first official answer... through the newspaper.
So much for public servants...
An open letter to:
Supervisor
District 1 Gary Watson
Supervisor
District 2 Tom Sockwel
Supervisor
District 3 Buster
D. Johnson
County Attorney Matt Smith
My name is
Gianluca Zanna. I am an American Citizen, and a Mohave County resident.
I have tried many times to contact you at your respective supervisor's
offices through email and by phone, but as of today I have not received
a response from any one of you.
I was told by Matt Smith’s personal assistant that he would contact
me, but again, no response.
Now I am trying to get your attention with this open letter, in hopes
of finally getting an answer.
The question is: “What Law, if any, limits
and/or regulates the Freedom of Speech of an American citizen on County
Property?”
The reason I am asking for your input on this issue is due to
a violation of Civil Rights that happened to myself and another Mohave
County resident, American Citizen, and United States Marine Corps Veteran,
Mr. Dean Jacobs on November 13, 2009, at the Mohave County
Building.
Before the Sen. McCain town hall meeting we were exercising our First
Amendment Right to give out fliers about Sen. McCain’s voting
records.
I was politely giving fliers to people who wanted to know more
about the voting records of Sen. McCain, when I was told by the County
guards and by Supervisor Buster Johnson personally, in front of Sheriff Sheahan and
two of his deputies and many other witnesses, that I was not allowed
to hand out fliers in the County Building because of a "law".
Sen. McCain’s campaign staff was allowed to hand out fliers, and
to exercise their First Amendment Rights on County property before his
town hall meeting, and yet Mr. Dean Jacobs and I were not given the same
Constitutionally Guaranteed Rights to do the same.
At the time I did not want to argue because I did not want to be "escorted"
out of the building and miss Sen. McCain’s speech, so I complied
with Supervisor Johnson’s non-specified “law” and was forced
to stop giving out fliers immediately.
After this event I did some additional research about this non-specified
"law" that Supervisor Johnson was referring to and it appears
that he was referring to the ARS 11-410 (please correct me if I
am wrong).
ARS
11-410 prohibits to the use of county resources or employees to influence
elections:
A. A county shall not use its personnel, equipment, materials, buildings
or other resources for the purpose of influencing the outcomes of elections.
Notwithstanding this section, a county may distribute informational reports
on a proposed bond election as provided in section 35-454.
Nothing in this section precludes a county from reporting on official
actions of the county
board of supervisors.
B. Employees of a county shall not use the authority of their positions
to influence the vote or political activities of any subordinate employee.
Nothing contained in this section shall be construed as denying the civil
and political liberties of any employee as guaranteed by the United States
and Arizona Constitutions.
If this is the law Supervisor Johnson was referring to, I don't understand
how and why Mr. Jacobs and I were denied our First Amendment Right to
hand out fliers on County property.
Perhaps Supervisor Johnson does not understand that ARS 11-410 was
legislated for the "County and its employees".... and was not
intended for the purpose in denying to the Arizona residents
their First Amendment Rights.
So far the only response I have received was from the Mohave County Attorney's
Office assistant, via by email, on Friday, December 18, 2009. Apparently
the County Attorney does not believe that I am worth contacting directly
regarding this matter.
The following is the answer I was given in the email:
"It has long been our position and policy that County property
is an appropriate place toconduct county business unmolested by political
activities and opinions. It is not meant to be a forum for constitutionally
protected free speech as there are other convenient places where
those rights can be exercised without disrupting the rights of others."
My observation: I see, Sen. McCain, and his employees, can exercise their
First Amendment Rights on County property, but we Citizens are not allowed
the same privilege under “County Policy and Position” to do
the same. I was not aware that the County Policy and Position can
override the 1st
and 14th
Amendments of the United States Constitution, that respectively
protect Freedom of Speech and Equal Protection under the laws.
Also let me remind you the Arizona
Constitution, which you all took an oath to protect and defend
when you took office: Article
II
Section
5. Right of petition and of assembly
Section
6. Freedom of speech and press
Section
13. Equal privileges and immunities
Bottom Line once again: All I am asking is to show us the LAW that
forbids or limits freedom of speech on County property, especially during
a public town hall meeting.
At the very least the Citizens and Tax payers, that you are supposed to
represent and serve, We The People deserve an answer, not to be ignored
like slaves.
After all, you are supposed to work for us, and protect us, according
to Article 2, Section 2 of the Arizona Constitution:
“All
political power is inherent in the people, and governments derive
their just powers from the consent of the governed, and are established
to
protect and maintain individual rights.”
I am proud to live in Arizona and in Mohave County, and I will not accept
that in our County the US Constitution and the Bill of Rights is
just a "concept" which does not apply to us.
I will not accept following a law that is not shown to me.
I will not accept living under the “color of law”.
I will not accept being ignored when it comes to a just and lawful answer.
I did not decide to leave communist Italy and to become an American Citizen,
to then resign myself to living under another tyrannical government.
Waiting for an answer.
Respectfully
Gianluca
Zanna
Here
is the "famous" Voting Record Flier
I was passing out during the McCain town hall meeting
Here is the business card of Sen. McCain Campaign manager
Anthony Miller...
many of these cards were given during McCain townhall meeting... the County
Property was used for political Forum in supporting McCain Campaign re-election.
Email
between Sup. Buster Johnson,
County Attorney Bill Ekstrom, County Manager Ron Walker...
This email was on 12/03/2009 they were aware of my petition and they ignored
me for weeks,
until finally thanks to the Kingman Daily Miner they were forced to answer
January 06 2010
Article
Kingman Daily Miner January 6th 2010
Tom
Sockwell Letter to Editor KDMiner Thursday, January 21, 2010
Let's
leave the '70s in the past
My answer to Lord Supervisor Sockwell on the
KD Miner and The Standard
by Gianluca Zanna
1) Your laughable attempt to associate me to a left hippy wingnut
above the law, I found it border line "slanderous".
I am a law abiding Citizen, registered Republican, that believe in our
Constitution and Bill of Rights before any party coolaid. If to exercise
our First Amendment in Mohave County means to be an outlaw, well, then
I am a proud to be one. Sheriff Sheahan was witness the Infamous day of
McCain town hall meeting. I was always polite, and respectful, doing the
same thing that Sen. McCain campaign staff were doing on OUR County property...
exercising our First Amendment. I was so polite, that I did stop handing
out fliers immediately as I was given notice by Sup. Buster Johnson, even
I knew that it was "unconstitutional", so null and void Supreme
Court Case Marbury vs. Madison (5 U.S. 2 CRANCH 137, 174, 176, I803),
"all laws repugnant to the Constitution are null and void.".
2) Sup Sockwell you say in your letter: "I talked to Zanna
on Nov. 3 regarding an issue, yet today he claims he hasn't talked to
any of us".
Dear Sup Sockwell, McCain townhall meeting was held November the 13th
2009. How can I talk to you the 3rd of November about something it did
not happened yet? it just proof that you are not only arrogant, but also
don't get your facts straight. And by the way... you talked to me about
"an issue"? Can you please share with all of us what the issue
was? Now I am curious.
3) Sup Sockwell you say in your letter: "Arizona Revised
Statute 11-410 forbids use of county "personnel, equipment, materials,
buildings or other resources for the purpose of influencing the outcomes
of elections."
Exactly... you used the County Resources and personnel to promote Sen.
McCain coming re-election. Also, ARS 11-410 was legislated for the "County
and its employees".... and was not intended for the purpose in denying
to the Arizona residents their First Amendment Rights.
And to top it off, Don't forget that County Policy and Position cannot
override the 1st and 14th Amendments of the United States Constitution,
that respectively protect Freedom of Speech and Equal Protection under
the laws.
The same Constitution you took an oath to defend when you took office.
4) Sup. Sockwell you say in your letter: "hand out material attacking honored veteran U.S. Sen. John McCain" Let's not hide the globalist pro amnesty CFR member voting record of Sen. McCain behind McCain the soldier... we are here to talk about Sen. McCain the politician... and just for your record, in these handout fliers, all we were showing was Sen. McCain Voting records... just the facts. If people are curious can read them at MohaveMinutemen.com
5) Sup. Sockwell you say in your letter: "Zanna was told
before the last Board meeting that the Arizona Open Meeting Law states
that only agenda items can be discussed. He ignored the information and
broke the Open Meeting Law as he believes he is above the law." Sup.
Sockwell, if you or any or the other Supervisor, or county attorney had
the decency to return one of my calls, emails and attempt to communicate
during the last month... I did not have to resort to do what I did. If
somebody broke the law, that was you according to Article 2, Section 2
of the Arizona Constitution:
"All political power is inherent in the people, and governments derive
their just powers from the consent of the governed, and are established
to protect and maintain individual rights."
You forgot that you work for the People, and supposed to protect our individual
right and not to use your position and office to pander for a party agenda
and for Sen. McCain.
6) And to end your pathetic attempt to smear my person and honor,
here you say: "does he think all people with dark hair
who don't speak English very well should be stopped on the street and
ordered to produce "their papers"?"
If this was not so serious, I would laugh. First I remind you that I don't
speak English very well myself... since I was once a legal Immigrant...
and my hair is dark too...
Please for the respect of the office you hold, refrain yourself in attempt
to smear with lies and distorted facts your Constituents that are paying
for the bread you eat.
Regards
Luca Zanna
County
violated the law, not us
Kingman Daily Miner Sunday, January 24, 2010
We
expect more from elected officials
Kingman Daily Miner Sunday, January 24, 2010
You
owe us an apology, Mr. Sockwell
Kingman
Daily Miner Sunday, January 24, 2010
Kingman
Daily Miner: Don't fret! There's a policy against that
Mark Borgard, Editor - Sunday January 31, 2010
County
sticks with policy on politicking
Suzanne Adams - Sunday, January 31, 2010
Supervisors
get silent treatment
Suzanne Adams, Miner Staff Reporter Tuesday, February 02, 2010
Golden
Valley man preparing recall petition
By JIM SECKLER/The Daily News
Wednesday, February 3, 2010 11:16 PM CST
Sockwell
recall launched by Zanna
Suzanne
Adams, Miner Staff Reporter Friday, February 05, 2010
Column:
Rule of law deserves respect
by
Ron Walker, Mohave County Manager letter to the editor on Kingman Daily
Miner
Sunday, February 07, 2010
Sen. Ron Gould speaks out on the Standard February 10th 2010
Letter
to the Miner: You showed a lack of respect
Wednesday, February 10, 2010
Letter
to the Miner: Citizens should be stunned
Thursday, February 11, 2010
Letter
to the Miner: Ekstrom needs to read Constitution
Thursday, February 11, 2010
Letter
to the Miner: Don't choke on your foot, Mr. Walker
Thursday, February 11, 2010
Letter
to the Miner: No law is above the man
Friday, February 12, 2010
Letter
to the Miner: Article lacked respect for Rule
Friday, February 12, 2010
Letter
to the Miner: Looks like misuse of taxpayer money
Friday, February 12, 2010
County
'policy' doesn't exist
by Suzanne Adams Sunday, Sunday February 14, 2010
Debate:
Free speech on county property
By JIM SECKLER Monday, February 15, 2010
Letter:
GOP-flavored institutional arrogance Kingman Daily Miner
Tuesday, February 16, 2010
1
arrested in protest of county's 'policy'
Wednesday, February 17, 2010
Letter:
We elected you, we can un-elect you
Wednesday, February 17, 2010
PROTEST:
Mervin Fried, 45, of Kingman, left, holds a pitchfork during a protest
organized by Mohave County Minutemen spokesman Luca Zanna in front of
the county administration building in Kingman on Tuesday. Fried later
was arrested for bringing the pitchfork inside the building.
WEDNESDAY FEBRUARY 17, 2010
Letter:
An open response to Ron Walker on the Kingman Daily Miner
Thursday, February 18, 2010
Letter:
It's not a policy until it's written down
Kingman Daily Miner Friday, February 19, 2010
Letter:
They're called constitutional rights!
Kingman Daily Miner Friday, February 19, 2010
The Standard weekly February 17th 2010 Protest at Mohave
County Building
Part
1 - Part
2 - Part
3
Letter: Supervisors unfit to lead Kingman Daily Miner 2/23/2010
Letter:
Walker just hasn't figured it out Kingman Daily Miner 2/24/2010
Standard Article Feb 25th 2010
Part
1 - Part
2
A
Message About Security And Risk Management From The County Manager
Thursday, Feb. 25, 2010
Weapons
banned from county building By
JIM SECKLER/The Daily News
Published: Thursday, February 25, 2010
County cracks down on politicking, weapons Policies put in writing
Kingman
Daily Miner Friday 2/26/2010
Letter:
'You People' are officially on notice
Kingman Daily Miner Letter to the Editor Friday 2/26/2010
Weapons, politicking policies top Monday's agenda
Kingman Daily Miner 2/28/2010
County Opts for Gun Control Kingman Daily Miner
Displeasure voiced over county's new weapons policy
Supervisors say they had no choice 3/2/2010
New
County gun policy called illegal By JACKIE LEATHERMAN
Today's News-Herald Published Tuesday, March 2, 2010
Letter:
A truly dysfunctional government
Kingman Daily Miner 3/3/2010
The "new" County Ordinance
Page
1 - Page
2 - Page
3 - Page
4
Battle
over free speech and first amendment rights in Mohave County Pt. III
3/5/2010
Letter to Editor Kingman daily Miner: Walker, BOS would have worn red
GV
man pursues injunction against county over policies
by Suzanne Adams Kingman Daily Miner 3/5/2010
You can get this beautiful t-shirt at Lee's Embroidery
at 3900 Stockton Hill Rd. next to the new Safeway.
The t-shirt with front and back lettering is just $15.00, and he does
it in 5 mins.
Why Recall Sup. Tom Sockwell?
1) Negligence in performing his duties according to Article 2, Section
2 of the AZ Constitution to protect and maintain individual rights of
his constituents.
2) Violation of ARS 11-410 in allowing county resources and employees
to influence the re-election of Sen. John McCain.
3) Conspiring to deny citizens (under color of law) the 1st amendment
and 14th amendment (at Sen. McCain Town Hall meeting) protected under
the U.S. And AZ state Constitution.
4) Refusal to return calls or e-mails regarding Violation of ARS 11-410
and Violation of U.S. Code Title 18- Crimes and Criminal Procedure Part
1 Crimes Chapter 13- Civil Rights § 242. Deprivation of rights under
color of law § 241. Conspiracy against rights.
5) Using his position of office to intimidate with veil treads. He wrote
a letter of libelous attacks, lies, and defamation of character and had
it printed in several newspapers against some of his constituents.
6) Libelous accusations insinuating a racist behavior against one of his
constituents in country newspapers.
We are less than slave according
to our "Mohave County Lords Supervisors" actions... Do You think
I am making this up?
there are the facts... you decide.
Fact 1: Slaves don't have freedom of speech.
We don't either in Mohave County property according to County Attorney
and County Supervisors "Policy". But they decide who can have
it.
Fact 2: Slaves are not allowed to read or to be shown the "law".
We don't either in Mohave County.
Fact 3 Slaves are not allowed to petition their Masters.
We don't either in Mohave County.
Fact 4 Only differences between US and the Slaves. They don't have to
pay taxes...
We do, in Mohave County.
A vocal County Policy seems to be above our US Constitution, Arizona
Constitution and Bill of Rights.
WOW! Power of the Lawyers!!! Power of the County Lords!!!
Luca Zanna
"When an act of the legislature is repugnant or contrary to the constitution,
it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286;
4 Dall. 18.
"Where rights secured by the Constitution are involved,
there can be no rule making or legislation which would abrogate them."
- Miranda v. Arizona, 384 U.S. 436, 491.
"State officers may be held personally liable for damages based upon
actions taken in their official capacities." Hafer v. Melo, 502 U.S.
21 (1991).
"State officers may be held personally liable for damages based upon
actions taken in their official capacities." Hafer v. Melo, 502 U.S.
21 (1991).
In Marbury vs. Madison (5 U.S. 2 CRANCH 137, 174, 176,
I803), "all laws repugnant to the Constitution are null and void."
"An unconstitutional act is not law; it confers no right; it imposes
no duties; affords no protection; it creates no office; it is in legal
contemplation, as inoperative as though it had never been passed."
Norton vs Shelby County \ 18 US 425 p.442
