Why what the protesters did should not be a crime

By Lisa Rayner Posted May 7, 2004

Our only reason for going to Mr. Kramer’s residence was because of a publicly advertised calendar item in the Daily Sun for a “Meet the Candidates Open House. … All invited. Free.” 

We feel that we deserved to exercise our First Amendment right of Free Speech to publicly state our objections to the dirty campaigning engaged in by Mr. Kramer, council candidate Mr. Rick Krug, the PAC Citizens for Sensible Government, Flagstaff Active Citizens for Truth and members of Rep. Rick Renzi’s 2002 campaign staff. There is considerable crossover between all of these groups. For example, John Echols, the current Executive Director of FACT was Renzi’s campaign manager. (Compare the donors to the various campaigns.)

Our intent was not to personally harass Mr. Kramer. Our message was aimed at those who might have attended the open house, as well as members of the public who were driving down Butler Ave. We stood silently for 30 minutes holding signs, not speaking to members of the public unless they first engaged us in conversation. The entire time, we aimed our signs at passing vehicles for the drivers and passengers to read. We left at 4 p.m. when the public open house was supposed to end.

At no time did we speak to Mr. Kramer or try to block him or his driveway or the pathway leading up to his front door. We only saw him once as he drove by. We stood still on the corner of Butler the entire time. At no time did we approach Mr. Kramer’s house, speak to Mr. Kramer or any other member of his household, or personally harass or annoy Mr. Kramer or any other member of his household. At no time did we speak any sort of obscenity to any of the passersby with whom we spoke.

Apparently, according to Arizona law, it would have been perfectly legal for us to walk up to Mr. Kramer’s front door, knock on it and hand him literature containing our message. It would also have been legal for us to enter Mr. Kramer’s home, if the open house had taken place, and hand out literature to members of the public attending the open house. Why then is it considered illegal for us to stand silently at the edge of Mr. Kramer’s property holding up signs along a major road for passersby to view?







 

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