Final Version Sent
Dear Michigan Elected Representatives and Senators and other Governmental Officials,
I am creating this “Open Letter” to address the recent issues with the Arts, Beats, and Eats Festival that will occur within the City of Royal Oak, MI, my hometown. The information provided by the News Media on this issue has been decided slanted towards sensationalism with minimal facts. It is my earnest hope to provide information to you that will aid in understanding the situation and bring to light issues within the current laws that need to be addressed. The information that follows includes factual information and items that are in my opinion only.
To be perfectly clear, the issue was not about Open Carry of a Firearm as the ABE Festival Contract Language stated “No Firearms”, which included banning Concealed Carry and Encased Firearm Carry within the Festival Grounds. For reference purposes, the Festival Grounds are comprised of Public Streets, Public Sidewalks, Private Residences, and Private Businesses which will be fenced off and a $3 admission charge required to enter the Festival Grounds.
First of all, some background about myself is in order. I have lived most of the 44 years of my life in the Great State of Michigan. I have 2 children, one of which graduated High School in 2010 and the other child will graduate in 2011. I am gainfully employed as an IT Architect with 18 years experience working for local business’ addressing solutions for global business concerns. I play and enjoy Golf by following my father’s instructions, who was a Golf Professional for 55 years of his life in the Michigan Section of the Professional Golfers Association of America. I have a love for the English Language, as taught to me by my mother who was a teacher in a Metro-Detroit area school system. I enjoy the great outdoor opportunities that Michigan offers, from white-water kayaking the Pine River to backpacking the Porcupine Mountains. I am a deer hunter and have been blessed to harvest 10 deer over my 10 hunting seasons. In 2008/2009, I made the decision to provide for my fundamental right of self-protection by purchasing a pistol and carrying it on a daily basis, under authority of MI Constitution Article I Section 6 and the Michigan Concealed Pistol Laws. In August 2009, I received my Concealed Pistol License and made sure to review the 200+ pages of MI Firearms Laws to ensure that I would remain a law-abiding person while carrying my pistol.
I was made aware of the Royal Oak ABE Contract “no firearms” provision in June 2010 when a member of the Michigan Forum of OpenCarry.org had posted a forum item discussing wanting to attend the festival and wondering if he could do so while carrying a firearm either openly or concealed. A number of members starting researching the question, including one person who went to the Royal Oak City Government to obtain the festival contract and directly discuss the issue with the City Attorney. At that time, this person was told by the City Attorney that “this is not a priority and it is not the job of the city attorney to explain to citizens the laws”. When presented with the MI Firearms Preemption Law (MCL 123.1102), the City Attorney stated that “we will just have to agree to disagree”. It is my understanding that all other attempts to contact the Mayor of Royal Oak and/or City Commissioners were largely ignored. There are a number of municipalities and/or parks that have been found to have “no firearms” ordinances in violation of MCL 123.1102 and it is the general approach to such situations to work with these organizations quietly before showing up at a City Council/Commission Meeting to address the concerns.
I attended the July 12th, 2010 Royal Oak City Commission to support these members efforts in resolving the ABE Festival Contract Issue. There were two (2) persons that spoke during Public Comments asking the City Commission address the issue and offering to work with the city to assist in any way necessary. I addressed the City Commission during the Public Comments time, not about this issue, but about another violation of MCL 123.1102 within the Royal Oak Civil Emergencies Ordinance. I contacted the City Manager and City Attorney about the Civil Emergencies issue in August 2009 and had received confirmation from the City Attorney in October 2009 that he was aware of MCL 123.1102 and I had indeed found an issue that required a change to the Ordinance. At that time, I provided additional information to the City Attorney, including the language changes that would align the Civil Emergencies Ordinance with MCL 123.110 and the Emergency Powers of MI Governor (MCL 10.31). Despite numerous emails, I had not received any update as to when this issue would be addressed. Please note that the City Attorney was well aware of MCL 123.1102 a full two (2) months prior to the ABE Festival Contract approval and signing in December 2009.
At the end of this meeting, The City Commission reacted strongly upon seeing persons Open Carrying pistols within the Commission Chambers. This discussion can be viewed on the Royal Oak Website Events Calendar Page as the last video for the July 12th, 2010 City Commission Meeting. Commissioner Drinkwine, a former Royal Oak Police Officer, advocated having Royal Oak Police Officers and Oakland County Sheriff Deputies illegally search, detain, harass, and intimidate persons Open Carrying a Firearm within the Commission Chambers. Commissioner Rasor, an Attorney Licensed to Practice in Michigan, advocated having persons Open Carrying a Firearm to be made to wear “funny hats” so as to embarrass them into not participating in the City Commission Meetings. I believe these acts suggested direct violation of the US Constitution 4th Amendment and the MI Open Meetings Act. Based upon these actions, I decided to involve myself in the ABE Contract Issue as a resident of the City of Royal Oak.
Prior to the City Commission Meeting on July 19th, 2010, I provided a write-up to the City Commission of the issues surrounding the ABE Contract “No Firearm” Provision. I formally requested that an agenda item be added for this meeting so that discussion could properly occur, a request which was not honored. During Public Comments, 4-5 persons spoke on this issue politely and professionally, urging the City Commission to work with us to address the contract and offering any help necessary. I personally stated that I did not want the City of Royal Oak to endure the possibility of a Deprivation of Civil Rights Lawsuit, which can be costly to the City of Royal Oak. Where there were 8 persons that attended the previous City Commission Meeting, there were 16 persons that attended this City Commission Meeting to support the attempt to resolve the ABE Contract Issue. Again, the City Commission ignored the requests to address the issue and the offers of assistance. Mr. Jon Witz, President of ABE Inc. attended this meeting and discussed the issue with multiple persons outside of commission proceedings. The offer was made by Mr. Jon Witz that he would provide a table for us to disseminate information from if we would not Open Carry at the festival and not pursue this issue further. The value of this table has been estimated at $2500 per day for the four (4) days of the festival for a total of $10,000. It was decided that to accept this offer would be agreeing to have rights denied and/or infringed upon without Due Process.
Prior to the August 9th 2010 City Commission Meeting, I provided Mr. Jon Witz an email of the write-up of contract issues with applicable MI Laws. Additionally, I sent this email to the entire Royal Oak City Commission, the Oakland County Sheriff, the Oakland County Prosecutor, and the Michigan Attorney General. I received a call from Mr. Jon Witz, who promised to have his attorneys look into the issues I had raised within the email. I also received a call from Michael Bouchard, Oakland County Sheriff, who stated that his sheriff deputies would not be enforcing any unlawful contract provisions. The Royal Oak Review published an article about the issue which was picked up by the Major Media Outlets and media frenzy ensued. I and 2 others participated in multiple TV and News Interviews in an effort to make the General Public aware that there is an issue with what the City of Royal Oak was undertaking within the ABE Festival Contract. After a 6 PM WXYZ TV News Broadcast on this issue, I was contacted again by Mr. Jon Witz to discuss the issue. He stated that the Royal Oak City Attorney would be able to provide a decision on the issue on or about August 16th, 2010 and that he would agree to abide by this decision. During this phone call, Mr. Jon Witz attempted to convince me and others not to appear and speak during Public Comments on this issue for the August 9th 2010 City Commission Meeting.
At the August 9th 2010 City Commission Meeting, there were 30+ persons in attendance to support the attempt to resolve the ABE Contract Issue. Due to the Marijuana issue being discussed, there were so many people that the 64 Public Seats were quickly filled up. Many persons who were there in support of resolving the ABE Festival Contract Issue gave up their seats for others and either stood in the back of the room or in the hallway. We spoke again during Public Comments and the City Commission again ignored the requests to address the issue during the City Commission Meeting as an agenda item and the offers of assistance. Commissioner Capello formally requested the City Attorney to address the ABE Festival Contract issue and present findings at the August 16th 2010 City Commission Meeting. Additionally, Mr. Jon Witz was asked if he was amenable to changing the ABE Festival Contract to which he replied that he was and would rely on the findings of the Royal Oak City Attorney. During the Public Comments time, there were many that spoke For and Against allowing firearms at the festival, even those who said that Openly Carried firearms made them nervous or afraid. Most people there do not realize that 1 in 43 in Michigan have the Concealed Pistol License (CPL) and carry daily concealed or otherwise to provide for their fundamental right of self-protection.
Prior to August 16th 2010 City Commission Meeting, the City Commission Meeting agenda was released and contained the City Attorney recommendation that the “No Firearms” provision be removed thusly becoming the 2nd Amendment to the ABE Festival Contract. I received a call from Mr. Jon Witz that he would not be agreeing to the contract amendment as previously promised. Just minutes before the City Commission Meeting, Mr. Jon Witz met me in the parking lot outside City Hall to confirm that he will indeed be signing the amended agreement if approved by the City Commission. At the August 16th 2010 City Commission Meeting, there were 30+ persons in attendance to support the attempt to resolve the ABE Contract Issue. During the Public Comments time, there were many that spoke For and Against allowing firearms at the festival, even those who said that Openly Carried firearms made them nervous or afraid. The City Attorney presented his Legal Recommendation for the Contract Change which was narrowly approved by a 4-3 vote, with Commissioners Drinkwine, Rasor, and Poulton voting to keep the unlawful contract provision.
Right after this vote was taken, a resolution was introduced and passed 7-0 to enlist the assistance of MI Legislators to allow the City Of Royal Oak to create Firearm Free Zones for Public Buildings in Royal Oak due to the supposed “chilling effect” that Openly or Concealed-Carried Firearms had on the 1st Amendment Rights of those who wish to speak during Public Comments at City Commission Meetings. I find this supposition interesting since the facts do not support this resolution as persons openly declared during Public Comments that they were nervous or afraid of firearms. In addition, an Openly-Carried Firearm could very well be viewed as Freedom of Expression and/or Political Speech as embodied by the 1st Amendment. This is a blatant attempt at a power grab and usurpation of rights, as the resolution was not to keep firearms out of the City Commission Meetings but to ban them outright from all Public Buildings. Since the Rights and Facts do not support this resolution, I trust you will disregard it, paying it all the attention it rightly deserves.
You may think that this situation is unique, where local units of government act directly against the 1990 MI Firearm Preemption Law (MCL 123.1102). Unfortunately, this is not the case as there are other cities/park entities in Michigan with No Firearms ordinances on the books that they are unwilling to remove. There are cities like Flint where they are actively seeking to enact further firearm restrictions in direct violation of the 1990 MI Firearm Preemption Law (MCL 123.1102). The reason these situations exist is that there is no “teeth” to MCL 123.1102, where persons are provided proper protection against Local Units of Government as they violate this law at will with no fear of repercussion. I will be creating language to add to MCL 123.1102 that I believe will address this situation.
I hope you find this “Open Letter” useful to aid in understanding the issues that arose for the ABE Festival Contract Issue and that you will take appropriate action to provide persons proper protection under MCL 123.1102. I have stood up for rights that I will not be able exercise as I will be undergoing surgery this week and unable to attend the Arts, Beats, and Eats Festival due to recovery time frames involved.
Sincerely,
PDinDetroit
:lol:
