Cop Tells World: I’ll Shoot You for Walking Wrong

Meet self-aggrandizing megalomaniac, misanthrope, blue blood, and keeper of the rabble, Sunil Dutta. Click his picture to see his profile page at the University of Berkley, California.

Sunil Dutta

So who is Sunil Dutta? He is an adjunct professor of homeland security at Colorado Tech University. He has been an officer with the Los Angeles Police Department for 17 years. He apparently harbors much disdain for his fellow human beings, holds mankind in contempt, supplants his conscience with the authority of the State, believes employment or office elevates him and his ilk above flesh-and-blood, and sees human life as a barrier to him demanding recognition of his authority.

Article reprinted from, and credit given to, http://theantimedia.org/cop-tells-world-ill-shoot-you-for-walking-wrong/

Justin King | The Anti-Media

The Washington Post ran a piece of propaganda written by a Professor in the academically intensive field of “Homeland Security,” you know one of the majors you see on late night TV that’s taught through correspondence courses. He also served the LAPD for 17 years, and the people know how well regarded that particular institution is for its safeguarding of civil rights. Sunil Dutta takes pen to paper to explain to people that the only way they can avoid being gunned down by a cop is to be led like a lamb to slaughter in any interaction with law enforcement.

Rather than let this wonderfully crafted pile of steaming doublespeak go by without comment, the entire opinion piece is included along with appropriate commentary.
“A teenager is fatally shot by a police officer; the police are accused of being bloodthirsty, trigger-happy murderers; riots erupt. This, we are led to believe, is the way of things in America.”

This isn’t what the people are led to believe; this is a pretty good summary of the events.

“It is also a terrible calumny; cops are not murderers. No officer goes out in the field wishing to shoot anyone, armed or unarmed. And while they’re unlikely to defend it quite as loudly during a time of national angst like this one, people who work in law enforcement know they are legally vested with the authority to detain suspects — an authority that must sometimes be enforced. Regardless of what happened with Mike Brown, in the overwhelming majority of cases it is not the cops, but the people they stop, who can prevent detentions from turning into tragedies.”

First, I feel I should compliment Mr. Dutta for his expansive vocabulary. “Calumny” basically means “slander,” for those that don’t want to Google the definition. But it isn’t slander. A teenager was fatally shot by a cop. That’s not in dispute. Here’s a list of other people killed by cops just this month. No doubt that some were justified, but some weren’t. Maybe the officer didn’t wake up that morning and say “Today, I’m going to kill someone.” Maybe he did, but we can’t prove it, so it’s not premeditated. Let’s call it Murder in the Second Degree. Sometimes they kill people just because they “don’t have time” to deal with it. It should also be pointed out, Professor, that cops have the legal authority to detain someone under certain circumstances, not just because they call them a “suspect.”

“Working the street, I can’t even count how many times I withstood curses, screaming tantrums, aggressive and menacing encroachments on my safety zone, and outright challenges to my authority. In the vast majority of such encounters, I was able to peacefully resolve the situation without using force.”

Great, so has every bartender in the country. Your job isn’t that dangerous, stop acting like it is. Your job is less dangerous than being a trash collector. The time of being able to point to the dangers of the job is over. It is also a career path you chose. Journalism can get pretty tense at times too, but when I’m photographing in an area and someone becomes abrasive with me, I don’t get to shoot them with anything but a camera.

“Cops deploy their training and their intuition creatively, and I wielded every trick in my arsenal, including verbal judo, humor, warnings and ostentatious displays of the lethal (and nonlethal) hardware resting in my duty belt. One time, for instance, my partner and I faced a belligerent man who had doused his car with gallons of gas and was about to create a firebomb at a busy mall filled with holiday shoppers. The potential for serious harm to the bystanders would have justified deadly force. Instead, I distracted him with a hook about his family and loved ones, and he disengaged without hurting anyone. Every day cops show similar restraint and resolve incidents that could easily end up in serious injuries or worse.”

Wonderful anecdote. Tell it to Misty Holt-Singh, but you’re going to have to talk really loud because she’s in a cemetery after officers showed so much restraint that their bullets sent her to the grave when she was taken hostage. I’m sure the dozens of other unarmed dead killed this year by cops would love to hear your story. I’m sure they’d love to hear anything at all.

“Sometimes, though, no amount of persuasion or warnings work on a belligerent person; that’s when cops have to use force, and the results can be tragic. We are still learning what transpired between Officer Darren Wilson and Brown, but in most cases it’s less ambiguous — and officers are rarely at fault. When they use force, they are defending their, or the public’s, safety.”

Another standard line the people are told to believe. Cops are just defending the public’s safety. Without the thin blue line, there would certainly be rioting in the streets. Funny, it seems like the thin blue line has caused rioting in the streets. What public safety risk was happening when officers killed Eric Garner? In your 17 years as a cop how many wife beaters, rapists, murderers, and other actual public safety risks did you take off the street? How many times did you initiate violence when there was none when you cuffed someone for illegal possession of a plant, prostitution, or for failing to pay some form of extortion to the state? You aren’t a hero. You’re the armed collection force of the largest extortion racket this country has ever seen.

“Even though it might sound harsh and impolitic, here is the bottom line: if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.”

I am arguing with you. I think you’re a complete idiot. You can’t stop me. Well, I’m a heterosexual blonde-haired, blue-eyed white male; so I don’t have a race card, but I’ll still call you a pig. Make no mistake, if you violate my rights I will sue you and use your badge as a paperweight. We do pay your salary, and your subjective belief of how I am walking is not grounds for lethal force. It’s funny how I can do all of these things to you as a private citizen, but the second you put on a magic blue costume, it gives you grounds to assault and kidnap me.

This passage shows you for what you are: a hired thug. Thankfully, you don’t represent all cops, but it terrifies me to find out you teach future law enforcement officers. Your students now believe it’s OK to shoot someone for calling them names. That is what you just said. I hope you’re tenured because I have a feeling Colorado Tech University is going to get a whole lot of heat for keeping you on staff.

“Most field stops are complete in minutes. How difficult is it to cooperate for that long?”

That’s the wonderful thing about living in a free country, even though those freedoms are currently on life support. We don’t have to cooperate with you. If you don’t want to receive any resistance, don’t ask me where I’m going, don’t ask me where I’ve been, don’t ask me if you can search my car, don’t ask me what’s in my bag, don’t ask how I know my passenger, and don’t even think of pulling a weapon on me.

Most field stops are complete in minutes. How difficult is it to not violate someone’s rights for the length of time it takes to write a ticket?

“I know it is scary for people to be stopped by cops. I also understand the anger and frustration if people believe they have been stopped unjustly or without a reason. I am aware that corrupt and bully cops exist. When it comes to police misconduct, I side with the ACLU: Having worked as an internal affairs investigator, I know that some officers engage in unprofessional and arrogant behavior; sometimes they behave like criminals themselves.”

Of course, it’s scary. You, someone who is attempting to tell people how to avoid getting shot, has already stated that you might shoot someone because you believe the manner in which they are walking is not proper. Scared animals, including humans, have a fight or flight mechanism. Perhaps your cutesy little piece here attempting to scare people into submission wasn’t such a good idea. All you have done is reinforce the idea that it is better to roll the dice and hope the cop can be subdued with force rather than hoping not to offend your delicate sensibilities. Working LAPD’s Internal Affairs just means you were the Gestapo arm of the department. A cop offends a higher up, and you get turned loose. You weren’t out trying to protect the citizens from bad cops; your opinion piece clearly shows the country that even those responsible for investigating cops believe it’s OK to put a bullet in someone who calls them a name.

“I also believe every cop should use a body camera to record interactions with the community at all times. Every police car should have a video recorder. (This will prevent a situation like Mike Brown’s shooting, about which conflicting and self-serving statements allow people to believe what they want.) And you don’t have to submit to an illegal stop or search. You can refuse consent to search your car or home if there’s no warrant (though a pat-down is still allowed if there is cause for suspicion). Always ask the officer whether you are under detention or are free to leave.”

After your little tirade about what is likely to get people shot, you expect them to question their betters and try to exercise their constitutionally protected rights? Are you kidding? You just told the American people in no uncertain terms this is how people end up getting “shot, tased, pepper-sprayed, struck with a baton or thrown to the ground.”

“Unless the officer has a legal basis to stop and search you, he or she must let you go. Finally, cops are legally prohibited from using excessive force: The moment a suspect submits and stops resisting, the officers must cease use of force.”

By this point in the piece I became convinced that you lost a bet and had to write this as a joke. Kelly Thomas’s brutal murder by cops from your neck of the woods shows this to be a complete fabrication. He submitted, and was still beat to death. The courts provided no justice. Now you act surprised that Americans, having lost faith in the police and courts, are holding trial in the streets. Just as prosecutors offer defendants life sentences to get the plea in order to avoid the death penalty, people have come to realize that it’s better to kill a cop and go to prison than be beat to death while begging for their father.

“But if you believe (or know) that the cop stopping you is violating your rights or is acting like a bully, I guarantee that the situation will not become easier if you show your anger and resentment. Worse, initiating a physical confrontation is a sure recipe for getting hurt. Police are legally permitted to use deadly force when they assess a serious threat to their or someone else’s life. Save your anger for later, and channel it appropriately.”

Legality has nothing to do with this anymore. Officers that fail to abide by the law should expect resistance. It may not be wise, but it’s better than bleeding out in a car while the cop delays medical treatment so there is only one story of the chain of events leading up to the shooting. Police departments across the country have made the choice to militarize and enforce unjust laws. Don’t be surprised that people have decided to meet force with force. You wanted to play army, well even in the childhood version; somebody ends up lying on the ground. Don’t cry about it now.

“Do what the officer tells you to and it will end safely for both of you. We have a justice system in which you are presumed innocent; if a cop can do his or her job unmolested, that system can run its course. Later, you can ask for a supervisor, lodge a complaint or contact civil rights organizations if you believe your rights were violated. Feel free to sue the police! Just don’t challenge a cop during a stop.”

Your advice is submit to sexual assault, harassment, deprivation of rights, assault, or whatever the officer decides to dish out, and then contact his supervisor who will probably laugh while he watches the dashcam video before it is erased and the statement goes out that the camera malfunctioned. No thanks. The American people have tried that for long enough. It doesn’t work. Your thin blue line has created a backlash.

“An average person cannot comprehend the risks and has no true understanding of a cop’s job. Hollywood and television stereotypes of the police are cartoons in which fearless super cops singlehandedly defeat dozens of thugs, shooting guns out of their hands. Real life is different. An average cop is always concerned with his or her safety and tries to control every encounter. That is how we are trained.”

Stop. We have all seen the stats. It is not that dangerous. A fisherman has a more dangerous job. Real life is different than the movies. The cops in movies know better than to shoot into a car with hostages, they know better than to shoot unarmed people, they don’t rape “suspects,” they don’t run pedophile prostitution rings, and they don’t flash their guns at sorority girls buying bottled water.

“While most citizens are courteous and law abiding, the subset of people we generally interact with everyday are not the genteel types. You don’t know what is in my mind when I stop you. Did I just get a radio call of a shooting moments ago? Am I looking for a murderer or an armed fugitive? For you, this might be a “simple” traffic stop, for me each traffic stop is a potentially dangerous encounter. Show some empathy for an officer’s safety concerns. Don’t make our job more difficult than it already is.”

If you can’t handle these things without violating people’s rights or shooting unarmed people, then you are in the wrong line of work. Maybe you should take up teaching or something. After all, those that can’t do, teach.

“Community members deserve courtesy, respect and professionalism from their officers. Every person stopped by a cop should feel safe instead of feeling that their wellbeing is in jeopardy. Shouldn’t the community members extend the same courtesy to their officers and project that the officer’s safety is not threatened by their actions?”

This is all true, but now that police use fear as a weapon and attempt to intimidate the populace with armored vehicles, black uniforms, no-knock raids, military tactics, and propaganda pieces in the Washington Post that basically say that they can do whatever the hell they want, the people don’t want you to feel safe. When you behave like an occupying army, expect resistance. The police chose this route, not the people. When people are subjugated by an oppressive control system, they will find a way to dismantle that system. They will exhaust all other options, but then they will use violence. Until police departments remember who pays their salary, I’d suggest you keep your schedule clear for more of your friends’ funerals, because communities across the country are tired of burying people because cops have declared war on the American people.

This article is free and open source. You have permission to republish this article under a Creative Commons license with attribution to Justin King and TheAntiMedia.org. Follow us on Facebook and Twitter to receive our latest articles.

53 Hours With Kafka in St. Louis by Robert Vroman

This was forwarded to me by a friend on Facebook. It is the account of a man arrested by St. Louis Police for a victimless political transgression (I will not deem to even call it a crime or offense). It is laughable, if not so serious, the incompetence, pettiness, indifference, and inefficiency of a so-called criminal justice system. When I read this, it called to mind the story of Henry David Thoreau when he was arrested and jailed overnight for refusing to pay a poll tax. Contrasting the comparative differences between Thoreau’s time and today, the latter presumably more enlightened and evolved, speak to a decreasing disrespect for our fellow-man.

The images painted by the writer, Robert Vroman, are disconcerting to say the least. How man can consciencelessly‎ serve such a machine is nauseating. They must be men devoid of compassion, conscience, and reason. The notion is sickening.

I sent a personal message to Mayor Francis Slay’s Facebook Page https://www.facebook.com/mayorslay?fref=ts, which of course went unanswered, as well as sending a copy of the article to Chris Nagus of KMOV https://www.facebook.com/chrisnagusKMOV

Will anything be done? Probably not. We all reasonably understand the eroding infrastructure of civilized society and government is merely a garbage collector rounding up the dregs and processing them for cataloging and easy disposal at a later date. It is not that mankind is incapable of autonomy and self-governance, but it is the mindset that government will step in and meliorate every society ill, so why bother? We are the mass of dependents portrayed in New Orleans, huddled on the ground of the Super Dome as the waters rise and we look for somebody from government to save us, while dry paths still lie before us, and we too lazy to take the first step to our own salvation.

Of course, the system tends to prey on the poor and ignorant. I could not help but to think how I, possessing this information, would not take proactive measures to defend myself from the sundry of illegal and brutish tactics. I think I would be inclined to either flee or stand my ground. That is easy to say from the safety of my keyboard, but the slope is not only slippery, it is steep and recovering any semblance of liberty in this country may require more personal battles. I’ll cease the pontificating and present you with the article. I wish you luck, Mr. Vroman.

https://www.facebook.com/notes/robert-vroman/53-hours-with-kafka-in-st-louis/601102316644553

I spent the two worst nights of my life in the St. Louis City Justice Center. I did not experience nor witness any physical violence, not even credible threats. What I got was plenty of apathetic incompetence, banal sadism, and agonizing obtuseness. The vast majority of people dragged through this institution are poor and black, though plenty were educated. Their complaints are evidently easily and frequently ignored. I hope to convince people outside that demographic the City Jail really is run absurdly poorly.

I run a small real estate business specializing in North St. Louis City. This winter ravaged my bottom line. Repair costs are running five times over this time last year. I was quickly reduced to a 24 hour cash cycle, so when I got two traffic tickets in the city, and summons for unpaid vacancy code fine in Florissant, I was forced to choose between paying arbitrary fees to the government, or keeping my tenants homes operational. Many of these people are behind on their rent, yet when its 5 degrees out, I still fixed water heaters and roofs every time, with no breathing room left over for my own problems. Thats the decision I made, wise or not, which got me multiple warrants. I was finally pulled over noon Tuesday 2-18-14, at Grand and Shaw for expired plates.

I was politely cooperative, immediately informed cop I have CCW and a pistol. My permission is not asked, but my vehicle is searched. He finds a google route map of every Bank of America in the city. I collect rent in cash in places like Fairground Park. I need to know the closest bank wherever I happen to be. A sergeant arrives and uses this very flimsy evidence to charge me as an “armed fugitive”. This seems pretty farfetched, so I am still mainly concerned about a wasted evening. My passenger was also arrested with no charges or warrants.

An FBI agent arrives to interrogate me at 2nd District station, about what he has been told is a possible bank robbery conspiracy. I talk about my business 10 minutes and he leaves, and person riding with me is released. I hope the sergeant who felt it necessary to bring this matter to the Federal government’s attention is at least embarrassed. I wait in the 2nd Dist holding cell for several hours, with Lovelle Robinson, 26yo Benton Park resident, who by the end of this ordeal, I’d consider a friend. He’s trapped in a vicious cycle of fines he can’t afford which cost his license, and inevitable jail time, which costs his job, six times, and half his demographic is in this snare. What good is providing a transportation network for your citizens, but enforcing rules so draconian –allegedly for their safety– that they are pauperized out of using the system at all?

The sergeant informs me he has graciously dropped the weapons charges and I am being shipped downtown for the traffic warrants. My gun is mailed to Jeff City for a ballistics tests. Allegedly I get it back in 4-6 weeks, assuming I haven’t shot anyone.

4p, we are handcuffed together en route to the Justice Center. We arrive on the loading dock of this monolithic cube, with 15′ ceilings, and are detail searched. Routine processing questions are answered. And now I am expecting some kind of briefing of what are my options and how long until the next step. Instead my questions are deferred to “later” and I am uncuffed and placed in one of four 10’x20’ cells, standing room only, with 25 other prisoners. The door is plexiglass, naturally lots of shouting, very difficult to hear guards.

And the hours begin to pass.

I am hearing from several different repeat visitors that we are waiting to go up “upstairs”, presumably to smaller cells. I am not hearing how and when you can pay money to get out of here. At 6pm we are given a dinner of single slice of bologna on two slices of bread and six very stale tortilla chips.

By 8pm I was eager to make a deal. The atmosphere in the cell was convivial, but grumpy to the say the least. And yet still absolutely no communication of substance from anyone in authority. The blue shirts refer you to the burgundy shirts, who refer you to the white shirts, who say they don’t have your file. And you get one sentence in passing every ten minutes.

Around 11pm we are marched en masse upstairs. And placed in an identical cell, on an identical laid out floor. Two hours pass. Its 1am and dawns on us, this is it, there are no bunks coming. The people who designed this system expect 25 adults to sleep shoulder to shoulder on the concrete floor of a 60degree, urine rank cattle car, regardless of what they came in here wearing, or committing. Some percentage of these people will be found not guilty.

I have a leather coat, and resign myself to optimizing for some pathetic local maximum of comfort. I’ve got to choose between a terrible pillow, or a terrible blanket, nuzzled against total strangers stuck here against their will. I’m not fearful of them, but holy hell, doesn’t mean I’d invite them over to snuggle. Every 45-90 minutes prisoners are swapped for unclear reasons. Its impossible to relax, the anticipation of the next door opening, that my existence will be acknowledged, and I will be given a glimmer of an opportunity to bargain for release, or at least some kind of ETA.

Ambient noise is extremely disruptive, even as most prisoners try to fall asleep. I am very hungry. I doze shallowly until about 4a. I sit up, look around at this tight row of poor wretches, and just jawdrop that this is a normal night here. Every single night our city makes 70-90 citizens submit to this, a majority of them for inconsequential violations, and many of them innocent. I thought this was my night. The second was worse.

At 5a Wednesday, I receive another meager snack and people are starting to be called to court. The entire morning goes by no further updates. 11a at last I hear my name again and I am marched to videocourt, a term I never heard before this incident. I am taken to a camera booth, and an old man glancing over from a flickery monitor. Well isn’t this charmingly Orwellian. Judge Headroom tells me court date is 3-13-14, I owe $50. “Ok” says me. That is the entirety of information I receive about my case. Back to cells. As lunch arrives we enjoy 2hr window only 10 people in the cell. Spirits are lifted as presumably this is the last stop for us in the Justice Center and we’re being stamped for export, either to free world or another facility.

No. By 2pm, cell has filled back up to the 25 headcount which covered the entire squarefootage of floorspace the night before. Now we are getting antsy. Some are supposed to be cut loose, some people going to various County jails like me, or more serious offenders waiting for the Hall Street workhouse, or Bonne Terre.

But nothing happens. Except more prisoners. They are constantly badgering the guards re: pickups, or even where they are wanted. All inquiries totally rebuffed. After dinner Wednesday, headcount hits 29 and stays there for the night. This forces two people to sleep immediately adjacent to the toilet, and two to sit upright all night; all others 4-6 inches apart on their backs on raw concrete. As the evening wears on, I am again dismayed. I can’t believe this is how this place is run, that I am sleeping like this another night. Ironically I had planned to attend a Lewis Reed fundraiser this evening, and now I really have something to talk to him about.

The slightest change in routine is a minor hope that some crack will form in this mindfuck wall of silence. A new batch of guards every 8 hours, means someone might let slip what the hell is going on behind the curtain.

I am struck with how sympathetic this crowd is to each other, its about 80:20 black:white, and there’s an effort to accommodate each other as much as possible in the circumstances. I got along fine with every inmate I met, some of them were fascinating conversation subjects.

The stories I am hearing from them over and over drive home what a paralyzing force the police exert in many Northside and state street neighborhoods. The aggressive tactics, and senseless spillover economic consequences, give powerful vibe of an uncaring occupation, not protective servants.

Around 1a Thursday its beyond shadow of a doubt no more pickups for the night, frustrations get more vocal. An Elliot Davis fan demands an investigation and lawsuit. Our collective action is thwarted by mere lack of a contraband pen. No means to record a contact list among a group that will never naturally convene again.

My opinion on the plan is sought, as the token capitalist present at the birth of the movement. I give a quick lecture on how lobbying works. Have your people blow up your alderman’s phone,  state rep, mayor, sheriff, stake out their office. Demand meetings, call Town Halls. Don’t waste your time waving a sign in his parking lot. Make sure every elected official directly hears this every day.

I unsettle in under unyielding fluorescents. I go fetal in front corner of cell, and just try to endure semi-consciousness. I smell exactly like you’d expect. Around 9a shuffled around the bowels of this monstrosity, and finally loaded into Florissant’s custody about noon.

The contrast is simple but stark. Florissant has a whiteboard listing everyone locked up here, what they did, what they owe, where they’re going next, and when that pick up is. Wow, that is so easy to give a foothold of peace of mind. When I finally got a lumpy plastic mattress and blanket and more than coffin sized personal space, I was so relieved it was almost as good as being free. Having to openly strip naked to change into jumpsuit didn’t even phase me at this point.

My bizarre 53 hour episode concludes around 5p Thursday.

If you were in the Justice Center with me between 2-18-14 and 2-20-14, I would like to hear from you.

If you are responsible for how that place is run, I challenge you to justify yourself.

 

I am the Missouri Republican 5th District committeeman.

I am running for MO 79th State Representative.

Please vote August 5th.

 

Robert Vroman

314-600-0608

[email protected]

www.votevroman.com

Infamy

State Passes Law to Legalize Shooting Police

I saw the original story here http://thefreethoughtproject.com/state-passes-law-legalize-self-defense-police/

The law supports many of the previous holdings from other Courts regarding self-defense against unlawful arrest, as posted here http://marcmkkoy.net/law/analysis-and-interpretation/item/125-your-right-of-defense-against-unlawful-arrest.html

As if we need the State to validate one’s natural right to self-defense. The story is a bit uplifting in that the fortified foundation of the blue-clad-brotherhood has experienced a crack.

Finally some rational legislation is passed concerning ‘public servants’ unlawfully entering another person’s property.

All too often, we see examples of cops breaking into the wrong house and shooting the family dog, or worse, killing a member of the family.

Well, Indiana has taken action to “recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.”

This special amendment is no revolutionary new thought, only common sense.

Self-defense is a natural right; when laws are in place that protect incompetent police by removing one’s ability to protect one’s self, simply because the aggressor has a badge and a uniform, this is a human rights violation. Indiana is leading the way by recognizing this right and creating legislation to protect it.

Of course cops have already begun to fear monger the passage of this bill, “If I pull over a car and I walk up to it and the guy shoots me, he’s going to say, ‘Well, he was trying to illegally enter my property,’ ” said Joseph Hubbard, 40, president of Jeffersonville Fraternal Order of Police Lodge 100. “Somebody is going get away with killing a cop because of this law.”

Instead of looking at the beneficial aspect of this law, which creates the incentive for police to act responsibly and just, Hubbard takes the ‘higher than thou’ attitude and is simply worried about himself.

How about questioning the immoral laws that you are enforcing in the first place? Or how about sympathizing with the innocent people whose pets and family members have been slain, due to police negligence?

Who’s to say that a cop pulling you over to extort money from you for the victimless crime of not wearing a seatbelt, isn’t an unlawful act? Or how about breaking down your door in the middle of the night to kidnap you and throw you in a cage for possessing a plant?

Hopefully this legislation will lead to these arbitrary traffic and drug enforcement “laws” in place solely for revenue collection (aka theft), being brought into question.

The law states:

(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.

It is through legislation such as this, which will empower people again and aid in bringing down these tyrants from their pedestals, who are given free rein to murder and pillage without consequence.

 

 

Media Blacks Out New Snowden Interview

I am simply reposting from the story I saw here http://benswann.com/media-blacks-out-new-snowden-interview-the-government-doesnt-want-you-to-see/

The US Intelligence industry can to go hell. Thank you, Edward Snowden, for exposing the lies, abuses, and terrorism of the NSA and its ilk. I just want people to see this interview and become rightfully outraged. In the interview, Snowden actually discusses threats against his life and how the vermin serving that agency would take perverted pleasure in killing him. ‘Murica! Yeah, right.

For whatever political aberration the United States has become, the government thereof has clearly grown outside its Constitutional mandate and limitations. An unconstitutional government is no government, but rather a consortium of thugs and brutes collaborating with bankers and corporations to financially exsanguinate the people and instill fear through the Munchausen Terror Paradigm and its ever-watchful, collaborative police state. I would prefer the Agency be reduced to ashes and provisions instituted to ensure it never again reared its ugly head. Should it keep directing its eyes towards the inhabitants of the land of which it supposedly is protecting, then it will soon be met with a stick.

Mr. Snowden, you are a hero, possess temerity, and inspire others. I will not diminish your deeds by calling them patriotic, but rather honor you for risking your life to expose villainy. Thank you.

Government Regulators Target 11-year Old’s Cupcake Business

This story http://www.bnd.com/2014/01/26/3021370/troy-11-year-old-turns-cupcakes.html about an industrious, entrapreunorial youngster caught the attention of the Madison County Health Department, inspiring the synaptic-challenged, bureaucratic buffoonery of nanny-state nincompoops to rear its empty head and threaten the child with a sundry of penalties if she does not procure proper permits, licenses, and pay corresponding fees. The story referencing the state-sponsored terrorist threats against a child of insufficient age, to understand legalese or comprehend the law, is here http://www.bnd.com/2014/01/27/3026205/stir-crazy-young-baker-needs-help.html

The story was encapsulated by this brilliant political cartoon, the artist-of-which, I must say, shares some of my DNA. Aside from the over-the-top bullying by the State, this is primarily a litmus test to see how far they can push us, in this case, tugging at our heart strings with an 11 year old girl who has beckoned the ire of the State.

Madison County Cupcake Regulatory Dipshits

A perusal of the county website,http://www.madisonchd.org/index.shtml, shows the chief administrator as:

Toni Corona, B.S., L.E.H.P.
Public Health Administrator
[email protected]
(618) 296-6065

The Board of Health Members roster is here: http://www.madisonchd.org/board-of-health.shtml

Of course, the government does this all under the pretense that they are watching out for our safety; and such regulations are intended to prevent the spread of disease and injury from businesses who fail, or refuse, to implement prudent and reasonable precautions. This power, called the “police power” (which has nothing go do with police as we commonly refer to them) is regarded as in inherent power of the State to provide for the protection of the public health, safety, welfare, and morals. The police power is undefined, broad, and unlimited. It does not derive from any constitution. It’s powers are limited by the constitution, meaning it cannot cause you to be arrested or searched without constitutional limitations applying, but the scope of its legislation is so encompassing that it does need a constitution to bestow it. It is the inherent power of the State.

The purpose of this article is not to provide an in-depth analysis of the police power because first, the discussion on the validity of the State, sovereignty, natural rights, and consent, would need to be analysed. This article is a diatribe against a county regulatory board which has capriciously and zealously targeted a harmless 11 year-old girl with precocious baking abilities, and painting her as a threat to the public health in-need of governmental oversight in order to secure the confidence and soothe the minds of the fearful masses from contracting life-threatening pathogens or disease from the pre-pubescent, dough-flinging wench.

As with most bureaucratic buffoonery, the regulators will allege a violation, yet fail or refuse to cite which specific law is being broken. They will claim that you need a permit or license, or that you can’t do something, but never articulate the specifics supporting their claims. If we are to believe the Health Department’s claim, we need to find the law they refuse to cite. I found 3 possible laws/regulations which could possibly apply. The result of my research revealed the Cottage Food Preparation Act, which addressed ONLY food sold at farmer’s markets.

The first source would be the Madison County Zoning Ordinance – http://www.co.madison.il.us/planning/PDF/ZoningOrdinance.pdf

This would address the use of the home, as zoned, for baking.

The second source would be the Illinois Food Preparation Act – http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1584&ChapterID=35

And the third would be the Illinois Food Handling Regulation Enforcement Act. – http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1578&ChapterID=35

The most applicable and plausible regulation is the Food Handling Regulation Enforcement Act (410 ILCS 625/4), which allows for “Cottage food operation”.

If you want to understand legislation, there is no better resource than the House or Senate debates as to the intent and application of that Legislation. I researched what the County failed to define and found some very telling information. It is my contention that the law does NOT apply to Chloe, and others like her who are not corporate entities or otherwise dealing with hazardous foodstuffs being sold to the public.

My research and findings follow. In the mean-time, If I were Chloe, I would continue to do what I do and wait for the paper tiger to bare its fangs and let the chips fall where they may. I seriously doubt there would be any fines or penalties in her case.

Madison County Zoning Ordinance

http://www.co.madison.il.us/planning/PDF/ZoningOrdinance.pdf

PUBLIC HEALTH (410 ILCS 650/) Sanitary Food Preparation Act. ~ http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1584&ChapterID=35

PUBLIC HEALTH (410 ILCS 625/) Food Handling Regulation Enforcement Act. ~ http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1578&ChapterID=35

Cottage Food Preparation added by Public Act 097-0393 http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-0393&GA=97

SB0840 Enrolled  LRB097 04584 KTG 44623 b

Senate Transcripts

http://www.ilga.gov/search/LISGSApage.asp?target=SB0840&submit1=Go&scope=sentran97

5/3/2011 @ Page 47 This bill relates to food sold at Farmer’s Markets ~ http://www.ilga.gov/senate/transcripts/strans97/09700035.pdf

5/27/2011 @ Page 13 Voting on the Bill ~ http://www.ilga.gov/senate/transcripts/strans97/09700054.pdf

House Transcripts

5/23/2011 @ Page 34 through Page 43 Addresses food sold at Farmer’s Markets and discusses how home bakers are affected. THIS is the important discussion you want to read. In the discussion it states that the Amish are already allowed to sell bake goods, and the Bill does not affect them. On Page 37, it discusses specifically bake sales held by groups or churches and the determination is that it does not affect what they do, it just adds the definition of what a farmer’s market is. At the top of Page 38, Representative Dugan says, “We think… I think, Representative (speaking to Representative Eddy) they’re currently exempt under current law.” ~ http://www.ilga.gov/house/transcripts/htrans97/09700062.pdf

TEXT OF THE ILLINOIS COTTAGE FOOD PREPARATION PROVISION

(410 ILCS 625/4)
Sec. 4. Cottage food operation.
(a) For the purpose of this Section:
“Cottage food operation” means a person who produces or packages non-potentially hazardous food in a kitchen of that person’s primary domestic residence for direct sale by the owner or a family member, stored in the residence where the food is made.
“Farmers’ market” means a common facility or area where farmers gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers.
“Potentially hazardous food” means a food that is potentially hazardous according to the Federal Food and Drug Administration 2009 Food Code (FDA 2009 Food Code) or any subsequent amendments to the FDA 2009 Food Code. Potentially hazardous food (PHF) in general means a food that requires time and temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation. In accordance with the FDA 2009 Food Code, potentially hazardous food does not include a food item that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of the FDA 2009 Food Code’s potentially hazardous food definition.
(b) Notwithstanding any other provision of law and except as provided in subsections (c) and (d) of this Section, neither the Department of Public Health nor the Department of Agriculture nor the health department of a unit of local government may regulate the service of food by a cottage food operation providing that all of the following conditions are met:
(1) The food is not a potentially hazardous baked
good, jam, jelly, preserve, fruit butter, dry herb, dry herb blend, or dry tea blend and is intended for end-use only. The following provisions shall apply:

(A) The following jams, jellies and preserves are
allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants, or a combination of these fruits. Rhubarb, tomato, and pepper jellies or jams are not allowed. Any other jams, jellies, or preserves not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.

(B) The following fruit butters are allowed:
apple, apricot, grape, peach, plum, quince, and prune. Pumpkin butter, banana butter, and pear butter are not allowed. Fruit butters not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6.

(C) Baked goods, such as, but not limited to,
breads, cookies, cakes, pies, and pastries are allowed. Only high-acid fruit pies that use the following fruits are allowed: apple, apricot, grape, peach, plum, quince, orange, nectarine, tangerine, blackberry, raspberry, blueberry, boysenberry, cherry, cranberry, strawberry, red currants or a combination of these fruits. Fruit pies not listed may be produced by a cottage food operation provided their recipe has been tested and documented by a commercial laboratory, at the expense of the cottage food operation, as being not potentially hazardous, containing a pH equilibrium of less than 4.6. The following are potentially hazardous and prohibited from production and sale by a cottage food operation: pumpkin pie, sweet potato pie, cheesecake, custard pies, creme pies, and pastries with potentially hazardous fillings or toppings.

(2) The food is to be sold at a farmers’ market.
(3) Gross receipts from the sale of food exempted
under this Section do not exceed $25,000 in a calendar year.

(4) The food packaging conforms to the labeling
requirements of the Illinois Food, Drug and Cosmetic Act and includes the following information on the label of each of its products:

(A) the name and address of the cottage food
operation;

(B) the common or usual name of the food product;
(C) all ingredients of the food product,
including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;

(D) the following phrase: “This product was
produced in a home kitchen not subject to public health inspection that may also process common food allergens.”;

(E) the date the product was processed; and
(F) allergen labeling as specified in federal
labeling requirements.

(5) The name and residence of the person preparing
and selling products as a cottage food operation is registered with the health department of a unit of local government where the cottage food operation resides. No fees shall be charged for registration.

(6) The person preparing and selling products as a
cottage food operation has a Department of Public Health approved Food Service Sanitation Management Certificate.

(7) At the point of sale a placard is displayed in a
prominent location that states the following: “This product was produced in a home kitchen not subject to public health inspection that may also process common food allergens.”.

(c) Notwithstanding the provisions of subsection (b) of this Section, if the Department of Public Health or the health department of a unit of local government has received a consumer complaint or has reason to believe that an imminent health hazard exists or that a cottage food operation’s product has been found to be misbranded, adulterated, or not in compliance with the exception for cottage food operations pursuant to this Section, then it may invoke cessation of sales until it deems that the situation has been addressed to the satisfaction of the Department.
(d) Notwithstanding the provisions of subsection (b) of this Section, a State-certified local public health department may, upon providing a written statement to the Department of Public Health, regulate the service of food by a cottage food operation. The regulation by a State-certified local public health department may include all of the following requirements:
(1) That the cottage food operation (A) register with
the State-certified local public health department, which may include a reasonable fee set by the State-certified local public health department notwithstanding paragraph (5) of subsection (b) of this Section and (B) agree in writing at the time of registration to grant access to the State-certified local public health department to conduct an inspection of the cottage food operation’s primary domestic residence in the event of a consumer complaint or foodborne illness outbreak.

(2) That in the event of a consumer complaint or
foodborne illness outbreak the State-certified local public health department is allowed to (A) inspect the premises of the cottage food operation in question and (B) set a reasonable fee for that inspection.

(Source: P.A. 97-393, eff. 1-1-12.)

 

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