BB62
Accomplished Advocate
WOW. The lawlessness runs deep in Olmos Park.OCT is planning something there on April 7th: https://www.facebook.com/events/1701444096542864/
Road trip?
I just read the description of the event linked to above:
Olmos Park PD Chief Rene Valenciano has decided that he doesn't care about the law. He is actively telling his officers to detain and identify anyone carrying a firearm in violation of our rights and Texas law. They are drawing down on people with holstered handguns and forcing them to the ground (video here: https://youtu.be/Xf2ERvD4Am4).
On February 7th, 2018, Mike Thompson, a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from this police department. With absolutely NO INDICATION WHATSOEVER of criminal activity, their officers, AT GUNPOINT, detained, handcuffed and searched Mr. Thompson in violation of his First and Fourth Amendment constitutional rights. These facts were recorded on audio and video and are indisputable.
On February 10th, 2018, Jack Miller , a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from their police department. Mr. Miller was detained, handcuffed, disarmed and searched in violation of his First, Second and Fourth Amendment constitutional rights. This encounter was initiated by their officers under supposed violation of your city ordinance Sec. 24-85. - Unauthorized carrying of loaded rifle or shotgun. This city ordinance is in direct violation of TEXAS LOCAL GOVERNMENT CODE Sec. 229.001, and is therefore rendered null, void, invalid and unenforceable. This was explained to the corporal in charge of the scene, during the encounter. All of this factual information was simply disregarded by their officers, and Mr. Miller was issued a citation for a violation that CANNOT OCCUR, because the ordinance it is based on is null, void, invalid and unenforceable. These facts were recorded on audio and video and are indisputable.
On February 20th, 2018 , Jack Miller , a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from their police department. With absolutely NO INDICATION WHATSOEVER of criminal activity, their officers ONCE AGAIN detained, handcuffed, disarmed and searched Mr. Miller in violation of his First, Second and Fourth Amendment constitutional rights. At some point during this encounter, after Mr. Miller was placed into a police vehicle, their officers realized their mistake, drove Mr. Miller several blocks away from the original scene and released him. These facts were recorded on audio and video and are indisputable.
Again on February 20th, 2018 , approximately 1 hour after the first encounter, Jack Miller , a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from the police department. With absolutely NO INDICATION WHATSOEVER of criminal activity, the officers ONCE AGAIN and AT GUNPOINT detained, handcuffed, disarmed and searched Mr. Miller in violation of his First, Second and Fourth Amendment constitutional rights. The officers, knowing full well Mr. Millers identity both by name and by sight, and knowing full well his intentions as a constitutional rights activist, surrounded Mr. Miller, aimed their rifles at him, threatened to shoot him and took him into custody with absolutely NO INDICATION WHATSOEVER of criminal activity. Mr. Miller was standing on a public sidewalk and exercising his RIGHT to openly carry his firearm. Mr. Miller was openly carrying his firearm in EXACTLY the same manner as thousands of activists at thousands of open carry protests, events and rallies have carried theirs, including individual activists exercising their right all by themselves. Yet, he was arrested under Texas Penal Code Sec. 42.01. DISORDERLY CONDUCT (displays a firearm or other deadly weapon in a public place in a manner calculated to alarm) and Sec. 30.05. CRIMINAL TRESPASS. Again, Mr. Miller was carrying his firearm in a manner calculated to educate the public, acclimate the public and to simply exercise his right to do so. Any "alarm" was an un-calculated-for byproduct of the personal political opinions of others. A side effect and nothing more. Also, Mr. Miller was standing on PUBLIC property. The officers were FULLY AWARE of all these facts and violated his rights anyway. These facts were recorded on audio and video and are indisputable.
On February 20th, 2018 , Joanna Ferguson, a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from the police department. Mrs. Ferguson was video recording the constitutional rights activism activities of Jack Miller during the second violation of his rights by the officers that evening. Although Mrs. Ferguson was 30 feet away from Mr. Miller and IN NO WAY interfering with the officers, she was instructed to "put that camera away" and assaulted by one of the officers in an attempt to intimidate her into ceasing her recording of the actions and behavior of the officers. Both of these actions violate Mrs. Ferguson's First Amendment rights and are in DIRECT VIOLATION of Turner v. Driver, a recent 5th circuit ruling REAFFIRMING a citizens right to record police activity. As recent case law, Turner v. Driver is something any competent officer should know in order to perform their duties properly and LEGALLY. As the officers violated Mrs. Ferguson's rights in direct violation of the First Amendment and Turner v. Driver, the only reasonable conclusion possible is that either the officers are ignorant of the laws they enforce, or the violation was intentional. These facts were recorded on audio and video and are indisputable.
Finally, on March 17th, 2018, Jack Miller , a constitutional rights activist engaging in completely legal and constitutionally protected activity encountered officers from the police department. With absolutely NO INDICATION WHATSOEVER of criminal activity, the officers ONCE AGAIN and AT GUNPOINT detained, handcuffed, disarmed and searched Mr. Miller in violation of his First, Second and Fourth Amendment constitutional rights. Mr. Miller was standing on a public sidewalk holding a sign and carrying a rubber training gun. While this rubber training gun appears to be a real firearm from a distance, Mr. Miller holds a valid handgun license and EVERY officer in the department is well aware of that fact. Additionally, holding a sign on public property is a symbolic protest, which is a right protected and guaranteed by the First Amendment. The officers were FULLY AWARE of all these facts and violated his rights anyway. These facts were recorded on audio and video and are indisputable.