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June 2019

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Hearing today on MPD surveillance cameras

by Carla Gericke
written by Carla Gericke

The hearing for injunctive relief in the matter of NEAL KURK et al. v City of Manchester is taking place today. Having now read all the rather technical pleadings, it’s difficult to predict what may happen.

On the one hand, you have us four intrepid privacy advocates, the petitioners, holding strong that under RSA 236:130, it would be illegal for these surveillance cameras to even have the capability to identify motorists or motor vehicles, since such identification is expressly banned if it “can” occur under the section entitled, “Highway Surveillance Prohibited.”

On the other side, you have the City of Manchester and its police force, who argue they can do what they want (and they usually do–remember the recent tax cap override?). The City makes several technical arguments, including that some of us lack standing under Duncan, a bad court case that lead to the successful Constitutional Amendment which passed by a whopping 83% margin last fall to restore taxpayer standing. They also seem to make the argument that we should just “trust them” to use the cameras in lawful ways. Color me skeptical.

You can read more about the case here:
Union Leader
Manchester Ink Link
Granite Grok

Follow me on Facebook to stay up-to-date on today’s developments.

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Update on Life in Free State 2019

by Carla Gericke
written by Carla Gericke

The Free State Project is doing great:

  • 24,155 current signers–we are continuing to actively recruit new participants and they are some of our stickiest/most interested–we’ve been holding calling parties, and at one I attended last month, we had 15 volunteers who called more than 500 new signers. We have been fundraising for this separately, and have earmarked and spent $18K for FY19 so far 
  • 4,392 free staters in NH
  • 560 liberty meetups per year
  • New movers arriving monthly
  • $250M invested in real estate
  • 120 companies started
  • 45 elected free staters (21 current, working with Freedom Caucus of approx. 60-100, depending on the issue)

Politically, NH is in a weird situation right now, with the flip in 2018 to Democrat in the House and Senate, but still with a Republican Governor. Free Staters have been in the unique situation of furthering libertarian goals, by working with both sides of the aisle on issues we care about: criminal justice reform, legalization of recreational MJ (sadly, tabled by Senate), annulment of misdemeanor drug charges, pushing back on irresponsible Democratic high tax/spend budget, pushing back on attempt to backdoor an income tax masquerading as “family medical leave,” holding the line on business tax cuts, and a huge one for many of us: repealing the death penalty (which passed by ONE vote, phew!). 

Our ideas are gaining traction, for example, at least 7 Republican House members said “Taxation is Theft” from the well during session speeches (and only one was a free stater!), and essays like this, “My Turn: Taxation is theft – and here’s why” have appeared in local newspapers. I even got to say “less and less is more when it comes to taxes” and plug the FSP on the BBC recently (listen to The Why Factor “Why is it so hard to get people to pay taxes?” I’m near the start).

I have also been working on new projects which continue to further Liberty in Our Lifetime: 

  • Privacy/surveillance state/”1984 is Not an Instruction Manual”: I’m a petitioner in an ACLU lawsuit filed on Tuesday with 2 other free staters and a 16-term retired Representative to fight the Manchester Police Department’s attempt to put up surveillance cameras downtown. You can watch a WMUR news clip featuring me here, or read about it, here, NHPR, USNews, and Union Leader.
  • Leading by example: I’m still 65lbs down, following a Keto lifestyle. I stopped using alcohol in Dec 2017, and never think about it now. I practice Bikram yoga regularly. Hubby and I garden, walk the dog, and are slowly renovating our 1950s atomic ranch. I’m co-host of a weekly local cable access show called ManchTalk TV. At PorcFest, I will be launching my new website and podcast called “Told You So”. I am also doing a self-empowerment/improvement talk at PorcFest: “How I Learned to Stop Faking It and Be a Better Me: How are YOU living your daily life?”
  • I will be running for NH Senate again in 2020. Not sure if you followed what happened in my race, but my district swung 12-15% Democrat, but despite this, I went up 2% over my 40% in 2016, which means I can win if I raise my profile enough. I’ll need support for this, but that’s a conversation for another day! Hopefully, in Vegas! 😛   

Remember, donating to the Free State Project is your opportunity to support a living libertarian experiment with the potential to change the world. We’re doing it, but right now, we can use a little help! Thank you!

Fond regards and deepest thanks,
Carla  

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“New Hampshire is a state that staunchly defends its right to privacy, and this plan is a direct violation of that by needlessly capturing the information of thousands of Granite Staters simply going about their business.”

Gilles Bissonnette, ACLU-NH
Blog

ACLU lawsuit to block surveillance cameras in downtown Manchester

by Carla Gericke
written by Carla Gericke

Today, the ACLU-NH filed a lawsuit on behalf of 4 petitioners (and I’m one of them! :)) to block the use of police surveillance cameras on Elm Street in Manchester. Here is the ACLU-NH’s press release:

Surveillance cameras would violate a NH privacy law because they will capture motorists’ identifying information

CONCORD, N.H. – Today, the American Civil Liberties Union of New Hampshire filed a lawsuit challenging planned surveillance cameras in downtown Manchester. The cameras, which would capture live video of traffic on Elm Street, are illegal because they violate a state privacy law that specifically disallows cameras that capture a motorists’ identifying information, such as their face or license plate.

“The surveillance cameras proposed by the City of Manchester are troubling: driving down Elm Street shouldn’t include recording video of your face, license plate, and passengers,” said Gilles Bissonnette, Legal Director at the ACLU of New Hampshire. “New Hampshire is a state that staunchly defends its right to privacy, and this plan is a direct violation of that by needlessly capturing the information of thousands of Granite Staters simply going about their business.”

The current installation plan includes three permanent surveillance cameras in the area of City Hall that will look north and south on Elm Street, with a live feed transmitted to the Manchester Police Department’s dispatch office. The images captured would be recorded and stored for fourteen days. Although the intent may not be to monitor traffic, the high quality of the cameras allow users to zoom in and out, and would inevitably capture faces and license plates.

Former Representative Neil Kurk, who drafted the law in 2006 and is a petitioner in the case, said:

“The statute we are defending in this lawsuit is unique to New Hampshire and, unlike other states, provides our citizens with a right to be free from government intrusion that is tantamount to a surveillance state. The goal of this statute is to prevent New Hampshire from becoming like New York City or London where government surveillance through cameras—regardless of whether the surveillance cameras capture criminal activity—is pervasive. I am deeply disappointed that Manchester is going down the path of government intrusion by installing surveillance cameras on Elm Street. This is exactly the type of surveillance that the statute was and is designed to prevent.”

Carla Gericke, a former New Hampshire State Senate candidate and petitioner in this case, said:

“How can the police simply start surveilling downtown people and motorists without any input from the community? When I learned about the Manchester Police Department’s plan to put up surveillance cameras downtown, I organized a protest rally, and about 40 people attended. I am deeply concerned about this government intrusion. I am confident that Granite Staters do not want this type of surveillance because more than 80% voted to protect privacy when they amended the New Hampshire Constitution last year.”

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One year later, still going strong

by Carla Gericke
written by Carla Gericke

Last year’s pithy joke popped up in my “Memories” on Facebook this morning, and it reminded me, I’ve made a lot of progress over the past year. The quote holds true… My confidence has grown (or mostly, returned); I feel physically strong and healthy–my blood pressure is 98/62; I’m practicing Bikram Yoga regularly again after an eighteen year hiatus (yeah, OUCH!); and I am so, so, so, eternally grateful I DECIDED to make myself my #1 priority. I hope you will make yourself your #1 priority, too.

Follow me on Insta and Facebook for tips on how YOU can live The Good Life, free and happy, following an active, Keto lifestyle. Let me help you master The Art of Independence!

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Podcasts

BBC: The Why Factor

by Carla Gericke
written by Carla Gericke

The most exciting words of my morning? “This is the Control Room in London.” I recently joined the BBC’s The Why Factor at the NHPR Studio in Concord to answer the following question: “Why is it so hard to get people to pay their taxes?” Whatcha think my answer was? Do you think I managed to say, “Taxation is Theft” on air? Listen now to find out.

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