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Author Topic: Civil Disobedience Event on 5/9 in Concord  (Read 61270 times)

LeRuineur6

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #15 on: April 30, 2005, 09:50:59 am »

Thanks, everyone, for your words of support!  :)
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PintofStout

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #16 on: April 30, 2005, 12:39:41 pm »

Have you practiced filing?  It's not as easy as it looks!

Best of luck.  We can have a bake sale (files included) to raise your bail or bond!

I don't know if the IJ would take up your case, since you're just doing this as a protest, not actually to earn a living, but they may use the publicity or file a brief or something (if they use briefs in lower courts. I know very little of the law I hold in no regard).

Again, best of luck.  I wish you strength of conviction and courage!
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SteveA

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #17 on: April 30, 2005, 03:06:56 pm »

All they need is one simple law that says businesses (or more generally, individuals) are accountable for any damages they they create (including cuticles ;D).  Then the intent of the law would be obviously not about restricting people from getting manicures but about protecting general public safety.

The sad part is that a lot of people will think that a law like this affects manicurists only and that they aren't personally affected, but it raises costs and potentially lowers the quality of the whole industry, which leaves people with fewer resources.  Laws similar to this affect everyone, every time you buy something or go to work or try to improve your home, these burdens are added and just like the price of oil affects the economy as a whole, all of these unnecessary restrictions to life have costs that decrease the quality of life in more than just economic ways.  What you're doing is charitable but a lot of people won't even realize it ... now that's an example of being selfless and altruistic.  Are you sure you don't want to lower the costs a little though?  Then, here I am spending tons of hours of time on this board, and talking about these things to half the random people I meet then turning around and trying to convince you to take a moderate approach ;) (I'm not setting a very good example, eh?)

Anyway, I just think what you are doing is a perfect example of how things can be changed.  Live life according to your own internal values and resist threats to that freedom.  People can be as free as they want to be, it all depends on where they draw the line.
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LeRuineur6

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #18 on: April 30, 2005, 04:53:56 pm »

Update:

I just received a copy of a "Petition for Preliminary and Permanent Injunctive Relief".  It's a request by the Board and the Attorney General of Merrimack Superior Court to prevent and ban me from performing a manicure on May 9th in front of their offices in Concord.

In other words, they're trying to use the law to stop an outlaw.   ???   ???

Apparently, I'm a threat to the "health, safety, and welfare of the citizens of the State of New Hampshire."   ::)

Here is a copy of the document I've scanned into text:



THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS.
SUPERIOR COURT

The State of New Hampshire
V.
Michael B. Fisher

PETITION FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

NOW COMES the State of New Hampshire, by and through its attorneys, the Office of the Attorney General, and hereby requests the Court to order Michael Fisher be restrained and prohibited from engaging in the unlicensed practice of barbering, cosmetology, or esthetics as defined in RSA 313-A:l in violation of New Hampshire laws on Monday, May 9th, 2005. The petitioner asserts the following in support of this petition:

Introduction

1.  Upon information and belief, in violation of RSA 313-A:9, I, Michael Fisher will engage in the practice of barbering or cosmetology or esthetics without the appropriate license on Monday, May 9th, 2005.

2.  Upon information and belief, in violation of RSA 313-A:9, II, Michael Fisher will operate a salon that is not under the direct supervision or management of a professional licensed under RSA chapter 313-A on Monday, May 9th, 2005.

3.  Upon information and belief, in violation of RSA 313-A:9, III, Michael Fisher will hire or employ an unlicensed person or persons to engage in the practice of barbering or cosmetology or esthetics on Monday, May 9 2005.

4.  Upon information and belief, in violation of RSA 313-A:9, V, Michael Fisher will engage in the instruction of barbering or cosmetology or esthetics without holding a license as required by RSA chapter 313 - A, on or before Monday, May 9th, 2005.

5.  Upon information and belief, the threatened activities, if implemented could be in violation of state and city regulations pertaining to public demonstration.

Parties

6.  The petitioner is the State of New Hampshire, by and through its attorneys, the Office of the Attorney General, with offices located at 33 Capitol Street, Concord, New Hampshire 03301, acting under the authority of RSA 21-M:2, II and RSA 21-M:5, 1.

7.  The respondent Michael Fisher is an individual person. The return address on the envelope mailed on April 23, 2005 states that his address is 362 Great Bay Woods, Newmarket, New Hampshire 03857 but, upon information and belief, his current address is 7 Lamprey River Park, Newmarket, New Hampshire 03857.

Jurisdiction and Venue

8.  This court has jurisdiction over this action pursuant to, inter alia, 498: 1. The petitioner is principally located in Merrimack County. The respondent is an individual who resides in Rockingham County, New Hampshire. Venue lies in Merrimack County. RSA 507:9.  The threatened unlawful acts would occur in Merrimack County at 2 Industrial Park Drive, Concord.

Facts and Claims

9.  On or about April 25, 2005, the New Hampshire Board of Barbering, Cosmetology, and Esthetics (the “Board") received a letter from the respondent which stated as follows:

It is my pleasure to announce to you that I will be breaking New Hampshire's professional licensing laws on Monday, May 9, at noon, in front of your offices at 2 Industrial Park Drive, in Concord. At this time, I will set up a booth and sell manicures for profit without a license until I am forced to stop.

Letter from Mike Fisher, Exhibit A.

10.  On or about April 28, 2005, an investigator from the Office of the Attorney General telephoned the respondent and notified him that if he engaged in the practice of barbering, cosmetology, or esthetics in violation of New Hampshire laws on Monday, May 9th 2005, he would be arrested and charged with a misdemeanor in accordance with RSA 313-A:9. The respondent responded that he was still intending to engage in such practice.

11.  Upon information and belief, the respondent has sent a "press release" to various media outlets containing the following:

The general public and supporters are invited to attend this event of civil disobedience. The event will be held on Monday, May 9, at noon, at or near the NH Board of Cosmetology at 2 Industrial Park Drive, Concord, NH 03301. Attendees are asked to bring their friends, families, cameras, anti-licensing signs, and positive attitudes.

Fisher Press Release, Exhibit B.

12.  The respondent is not licensed pursuant to RSA chapter 313-A.

13.  Upon information and belief, the respondent has not completed an application thirty (30) days prior to the event, nor has the respondent obtained the requisite permit from the City of Concord.  City of Concord, Code of Ordinances, Chapter 15, Section 15-10.

14.  Such application must be rejected or such permit must be revoked for just cause, including the purpose of the event, which is to violate state laws.

WHEREFORE, the petitioner respectfully requests that this Honorable Court:

A. Issue an order of notice for service on the respondent;

B. Schedule a hearing on the merits of the temporary relief requested on or before May 6th 2005; in the event the Court cannot schedule a hearing within said time frame, that this Court grant this petition for temporary relief ex parte;

C. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from engaging in any practice regulated by RSA chapter 313-A without the appropriate license. RSA 313-A:9, I.

D. Order temporary and permanent injunctive relief restraining and prohibiting the respondent from operating a salon without the direct supervision and management of a professional licensed under RSA chapter 313-A. RSA 313-A:9, II.

E. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from hiring or employing any unlicensed person to engage in a practice regulated by RSA chapter 313-A. RSA 313-A:9, III.

F. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from engaging in the instructing of any activity licensed by RSA chapter 313-A. RSA 313-A:9, V.

G. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from protesting without the requisite permits.

H. Grant such other relief as the court deems equitable and just.

Respectfully submitted,

THE STATE OF NEW HAMPSHIRE

By its attorneys

KELLY A. AYOTTE ATTORNEY GENERAL

Attorney
Civil Bureau
33 Capitol Street
Concord, New Hampshire 03301-6397
(603) 271-3650

CERTIFICATE OF SERVICE

This certifies that the foregoing was mailed first class, postage paid to Michael Fisher, 7 Lamprey River Park, Newmarket, NH, 03857.
 
THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS. Term 2005
SUPERIOR COURT

The State of New Hampshire
v.
Michael B. Fisher

AFFIDAVIT OF LOUISE LAVERTU

NOW COMES Louise Lavertu being duly sworn and testifies:

1.  I am a member of the New Hampshire Board of Barbering, Cosmetology, and Esthetics.

2.  My duties include regulating barbers, cosmetologists, and estheticians in the State of New Hampshire to assure that the services provided are effective and of a quality consistent with the standard of care within each profession, and to safeguard the public against harm which may be caused by unqualified, impaired, or unlicensed practitioners.

3.  Unlicensed individuals engaging in the practice of barbering or cosmetology or esthetics present a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

4.  Mike Fisher's announced intention that he will engage in the practice of barbering or cosmetology or esthetics on May 9th, 2005 presents a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

5.  I have reviewed the petition for ex parte preliminary and permanent injunctive relief.

6.  The factual assertions in the petition are true to the best of my knowledge and belief.

I, declare under penalty of perjury that the foregoing is true and correct.

   Louise Lavertu

THE STATE OF NEW HAMPSHIRE MERRIMACK, SS.

On the 29th day of April, 2005, before me, Wynn E. Arnold, the undersigned officer, appeared Louise Lavertu, known to me (or satisfactorily proven) to be the person whose name appears above, and she subscribed her name to the forgoing instrument.

Notary Public / Justice of the Peace

My commission expires:
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Tracy Saboe

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #19 on: April 30, 2005, 05:43:03 pm »

hahaha
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KBCraig

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #20 on: April 30, 2005, 06:48:32 pm »

What a bunch of suckers! Don't they realize that if they'd just ignored you, your protest would have looked like not much more than an amusing eccentric with scant press coverage?

Nope, they had to involve the Attorney General and now the courts, turning it into a real fight. There's nothing the press loves more than a good, loud fight, especially the visual media.

Let 'em have it!

 ;D ;D ;D ;D ;D

Kevin
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Dreepa

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #21 on: April 30, 2005, 06:51:27 pm »

I love that the AG's office spent hours writing that letter.
I can't wait for the 9th.  Good Luck!
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FTL_Ian

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #22 on: April 30, 2005, 06:53:44 pm »

Quote
Mike Fisher's announced intention that he will engage in the practice of barbering or cosmetology or esthetics on May 9th, 2005 presents a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

That's rich.  HAHAHA! 

GO MIKE!
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LeRuineur6

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #23 on: April 30, 2005, 07:08:24 pm »

What a bunch of suckers! Don't they realize that if they'd just ignored you, your protest would have looked like not much more than an amusing eccentric with scant press coverage?

Nope, they had to involve the Attorney General and now the courts, turning it into a real fight. There's nothing the press loves more than a good, loud fight, especially the visual media.

Oops.   :o  Guess it's too late to ignore me now.  Ignoring me would have been their most effective course of action.

Now the press may be all over this regardless of whether or not I actually DO anything illegal.

The next few days should be very interesting!
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LeRuineur6

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #24 on: May 01, 2005, 09:33:53 am »

I love that the AG's office spent hours writing that letter.
I can't wait for the 9th.  Good Luck!

That's my favorite part.  They can use this later to get more money out of me for "legal costs" when I break the law, even though I'll plead guilty.

When I told someone in my local business association about their threat of arrest over this manicure, she said, "what?  So you're a terrorist now?"  Yep.  I'm a terrorist for trying to make a living without the government's permission.  Preventative law enforcement is cracking down on me even before I do anything.

By the time I actually give a manicure, they'll have so many city and state laws to throw at me, I'll be in jail for years.   ::)
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Gabriel

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #25 on: May 01, 2005, 11:43:41 am »


I will be guilty of breaking an unjust law, so I will plead guilty.  Anything else would be dishonest of me.


This statement seems to be based on certain assumptions which are factually incorrect. You're certainly entitled to plead guilty if you so choose, but I'd hate to see you do so based on a misunderstanding.

A guilty plea actually makes two separate statements: "I admit that I performed the actions of which I am accused" AND "I concede it was wrong to perform those actions." If either of those statements fails to apply, then a guilty plea is not accurate nor honest.

If your stance is, instead, that "I admit that I performed the actions of which I am accused, but I do not concede that it was wrong to perform those actions", then the correct and honest plea is not guilty.

Do you recognize the right of a jury to nullify an unjust law, and to acquit a plaintiff despite the fact that he obviously did perform the unlawful action? Would you find it "dishonest" for a jury to exercise that right? The two situations are precisely analogous. The concept of guilt requires both the fact of the action and the ethical judgment of wrongdoing; in the absence of that ethical judgment, neither plaintiff nor jury should find guilt.
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FTL_Ian

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #26 on: May 01, 2005, 01:41:11 pm »

I agree, Gabriel.  Mike, have you heard of FIJA?  I was quite suprised you want to plead guilty.  That does nothing towards changing things.

Not only should one resist a bad law in the street, one should resist it in the courtroom as well.
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SteveA

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #27 on: May 01, 2005, 01:43:14 pm »

I agree with Gabriel.  Not only on grounds but that it's largely a protest.  You have no salon or employees, I assume you've never even earned any moeny from it before.

Quote
... presents a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

How does this promote the "welfare of citizens of the State of New Hampshire"?  Putting them in jail for cutting nails doesn't intuitively seem to promote this and regarding health and safety, moving furniture is more dangerous to people than getting a manicure.  I've gotten a couple fingers smashed helping friends move but that's just life.  Trying to make everyone safe from all forms of injury is as futile as trying to stop rain and the costs if we tried to do so would probably be worse than if it actually did stop raining.  Imagine waking up in the morning on a government approved matress, approved by the Matress Commission then using a toothbrush approved by the Oral Hygiene and Dental Authority as safe for the gums, drinking orange juice approved by the Food and Drug Administraion (oh wait, that one already exists) ... OMG, I started thinking about it and it was actually difficult to think of things that AREN'T already controlled like this we ALREADY DO have most of this stuff - from the water we use, to anything that uses electric power, to the TV/radio/media, to your transportation, your work environment etc. etc. etc.  Literally half the things you use on a day to day basis require the consent and approval of government, not to mention virtually all the labor in creating the rest of it is largely subject to government approval too and from the track record, the fact that these things are still valuable is largely in spite of this control.

I don't understand why we can't just have the simple intuitive manicure law of - if you mess up the manicure you can be held accountable.  How's that for a more direct way to protect the "health, safety and welfare of the citizens of the State of New Hampshire".

You sure going to court over this wouldn't be better?  To be more accurate, you're protesting such laws, and only violating them in protest without even anything to personally gain.  You know the dollar you earn doing it will be more than lost by the costs so it's not truly even an attempt to do it for profit.
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lloydbob1

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #28 on: May 01, 2005, 01:59:08 pm »

Simply admit that you did what they said you did, and, quickly, add that you are not guilty of anything.
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LeRuineur6

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Re: Civil Disobedience Event on 5/9 in Concord
« Reply #29 on: May 01, 2005, 03:11:33 pm »

Thank you all very much for your concern.  Because of your posts, I've been doing a lot of research on court rules, injunctions, guilty pleas, Gandhi's court actions, and more.  It is nice of you to help me think of the consequences and possibilities, but I must stick to my principles and plead guilty.

Here is one of my posts from the NH Underground:


Nah, I'll be fine(d).  ;)  I'm not going to pay an attorney to plead guilty for me.   ;D

This must not be seen as a game played with the New Hampshire court system in order to force constitutional or other judgements that change the law, because it is NOT.  This is an honest attempt at gaining public support to end all licensing restrictions.  If the public does not support me, then nothing will change, and most people believe that's the way it should be.

I personally believe that an individual's rights must be respected regardless of the will of the majority, but many people disagree with that view, so it is very difficult to approach this issue from that direction.


I'd like to add that because I originally moved to New Hampshire as a member of the FSP, it feels like my duty to allow the people to decide for themselves whether or not to support my positions.  Also, it is not only an attempt to gain support for an end to licensing restrictions, it is the assertion of my right to be free from these restrictions.

Gandhi always pled guilty, in the spirit of the law, and I agree with his reasons for doing so.

The public can only receive a clear message of my rejection of the law by pleading guilty to breaking the law, regardless of whether the law "could" be judged unconstitutional by a jury if I were to claim innocence on that basis, which I will not do.

This is the law.  It is wrong, but it IS the law.  I'm going to break it.  I will plead guilty, and it will be my pleasure to do so!   :)
« Last Edit: May 01, 2005, 03:13:11 pm by LeRuineur6 »
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