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Thrilled the copies are finally in. Not in New Hampshire? Buy your copy online today!
This article from the Caledonian Record captures much of the spirit of the 17th Annual Porcupine Freedom Festival. Some excellent quotes by yours truly, too!
“I think Libertarians are the people in the middle,” said Carla Gericke, president emeritus of the Free State Project, created to recruit 20,000 libertarians to move to New Hampshire. “We’re the ones who actually do believe in ‘live and let live, don’t hurt other people, and don’t tell me what to do’.”
Carla Gericke
“I think there are a lot of angry people,” said Gericke about today’s political climate, noting that Libertarians “are people who have already channeled that anger, we’ve sort of processed it already, and we know what the problems are. So we get together at PorcFest to talk about the solutions.” Gericke, who is running against 11-term incumbent Lou D’Allesandro (D-Manchester) for the District 20 State Senate seat, said she hoped public dissatisfaction with the Democratic and Republican parties would lead to stronger support for third party candidates. “I hope it is our moment.”
Carla Gericke
“I mean, this is one of the biggest political events in the North Country. Earlier today there was a talk about school choice. And there’s people that come up from think tanks in Washington, D.C., they’ve had articles published in the New York Times and they’re talking about these policy issues at a high-end level, and it’s right in my own backyard,” said Beaulier. “So it’s really interesting seeing some of the people and personalities that come out. Some of them I agree with, and some of them are like totally nuts, but you get a really interesting mix of people.”
Calvin Beaulier
The amazing Jeffrey Tucker gave an incredible talk and wrote this excellent piece about PorcFest XVII for AIER, Broadway Closed But PorcFest Stayed Open. Some choice quotes below.
I’m sure that the organizers faced some pressure to call it off, but Carla Gericke looked past the propaganda and went ahead anyway. This year too was a bit different from usual, lacking some of the glitz and organizational formalism of the past. But we were no worse for it. There were talks on every aspect of health, economics, history, philosophy, commerce, crypto, firearms, COVID, and you name it. The main pavilion had something go on day and night, and there were mini gatherings all over the campground.
Jeffrey Tucker
All that aside, we used to speak of this country as the land of the free and home of the brave. Our response to this virus has sacrificed freedom based on fear. Rather than focusing on the actual problem — vulnerable people in nursing homes, many of which were actually forced to take in COVID-19 patients — we shut down nearly the whole country for absolutely no reason.
Jeffrey Tucker
Never forget that the message of liberty is spreading! I received the following mail from someone who attended my PorcFest talk about police accountability:
The dais you were on at PorcFest about the good, the bad & the ugly moved me. I am a former 18 year Texas Police Officer. I currently live in Massachusetts and moving to New Hampshire soon. I would love to collaborate with you on establishing accountability between law enforcement and the public. This is near and dear to my heart. I hope we can work together on this.
Jay
From the start of this lockup, I’ve been meaning to write a weekly column titled “Notes from Six Feet Away,” and, for years, I have wanted to do a weekly round up of my activism, and thoughts on the news and my related social media posts, so here we are. This column will become the Friday feature on The Art of Independence.
Police Brutality and Open Government
Back in 2014, I settled my wiretapping lawsuit against the Town of Weare, having prevailed in the First Circuit Court of Appeals (the one right under the Supreme Court). This landmark First Amendment case, Gericke vs. Begin et al, protects YOUR right to record every police encounter you see. And you should. Every damn time! Especially since I learned last week that even though police departments across NH are now spending tens of thousands of dollars buying body cams, these recordings are NOT generally subject to public disclosure under our Right to Know NH laws. Shocking! And as YOUR Senator, I will work ?% to increase government transparency and accountability for YOU.
Hell, if y’all want, I’ll wear a Go Pro to the Senate daily, and live-stream “How the Sausage is Made”! Love this idea? Donate to my District 20 Senate race today!
Right-to-Know Victories: Fenniman Overturned
The NH Supreme Court decided three vital Right-to-Know cases this week, and overturned Fenniman, a huge victory for open government proponents. Fenniman was a terrible case that shielded “internal personnel practices” from scrutiny and was much abused by the authorities to hide malfeasance and deflect from oversight or reform.
From Right-to-Know NH: “The NH Supreme Court issued 2 rulings today in the other 2 cases tried the same day as the Salcetti v. Keene case. In those rulings, they overturned the earlier Fenniman ruling, interpreting “internal personnel practices” more narrowly and eliminating the categorical denial of public access to records subject to the “internal personnel practices” exemption. Here are links to the rulings:
- 2019-0135, Seacoast Newspapers, Inc. v. City of Portsmouth
- 2019-0206, Union Leader Corporation & a. v. Town of Salem
This is a big step forward for RTK in NH. In particular, it means that personnel investigations are no longer categorically exempt from public disclosure and instead a balancing of the public interest with the privacy interests of the parties will be done by the courts.”
Says David Taylor, one of the lawyers from Right-to-Know NH about the third RTK case heard this week, 2019-0217, Marianne Salcetti & a. v. City of Keene: “This morning the NH Supreme Court released a less formal opinion in the Salcetti v. Keene case. While it is mixed – partly affirmed, partly reversed, partly vacated, partly remanded – there are some good wins in there. Mostly, the students requests were ruled to have been improperly read too narrowly as ‘lists’ when they should have not been. Perhaps the biggest win was a ruling that the $300 charge to access email records was improper and that those records should be free to inspect! The redacted police officers’ names ruling was remanded to the superior court. Lost on the need for a written and signed request formally, but they hinted a more proper case might win in the future. Similarly for the delays. In the end they reprimanded Keene, mostly, for wasting all the time and energy in this case. Overall, I’m happy with the ruling.
Questions for Mayor about Militarized Police Response to Peaceful Protests
Read more here, but these were the main questions that, of course, were flatly ignored by Mayor Joyce Craig, who pretends to care, but is unwilling to exercise the leadership necessary for reform.
1. Will the MPD un-encrypt their police scanners so we can hear what is happening real-time (like it used to be until 2016 when, without any public input, they hid this important citizen’s oversight tool from us)?
2. Will the BEARCAT be brought out?
3. What other agencies, other than MPD, are being used? You mention “federal.” Which ones? Under what authority/law?
4. Will the MPD’s body cameras be switched on? Will this footage be made available to the public upon request, as Chief Capano is on the record saying BWC footage would be?
5. Are any MPD officers working tonight also on the secret Laurie’s List (EES) of bad cops? If so, how many?
6. What use of force has been authorized? E.g. tear gas, rubber bullets, tazers, etc.
7. How much is this costing the taxpayers? Where is it accounted for (line item/budget)?
My point being, we need to end police militarization and policing in secret in order to restore public trust. You can start by answering my questions. I hope everyone is safe tonight. Thank you. #NHPolitics#NoPoliceStateNH
End Qualified Immunity as a Start to Ending Bad Apples Spoiling the Bunch
Want to understand more about solutions to the problems with policing in America? Start with eliminating Qualified Immunity, which is *literally* a “get out of jail free” card for cops. Yes, law enforcement is held to A LOWER STANDARD OF CARE than you or I. I have been advocating for the elimination of qualified immunity for more than a decade, and am very proud of the fact that in my First Amendment civil rights case, the First Circuit Court of Appeals found that police officers have NO QUALIFIED IMMUNITY if they arrest you for filming them or if they take your camera or phone. This means you can sue them in their personal capacity! (You’re welcome! :-))
Police Unions Protect Rotten Cops and This Must End
Here in NH, I have personally seen police union representatives testify against bills designed to help rein in bad cops.
I have even ended up in childish staring contests because they’ve tried to intimidate me when I testify in favor of more open, accessible, accountable and responsive government. One time in the chamber, I had to loudly reprimand a beefy dude looming over me with his arms folded who was trying to stare me down, with a “Really??? Are we doing this now!?!” Another time, I had two of my four car tires spiked with identical nails the same week as I testified. Coinkidink, right???
“This is what police unions do: defend the narrow interests of police at the expense of public safety. They exist to demand that taxpayers pay for dangerous, and even deadly, negligence. And although they are not the only pathology that affects American policing, they are a key internal influence on police culture, a locus of resistance to improvements designed to reduce police violence. To stop bad cops and police abuse, we must tackle police unions.” Read more…
Also, don’t miss this oldie but goodie from Radley Balko about the mentality of killer cops, and how they are trained.
Choose “dangerous” freedom
If you only read one thing today, let it be this brilliant article by John W. Whitehead, This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation.
“Let’s not lose sight of what started all of this in the first place: the U.S. government. More than terrorism, more than domestic extremism, more than gun violence and organized crime, the systemic violence being perpetrated by agents of the government constitutes a greater menace to the life, liberty and property of its citizens than any of the so-called dangers from which the government claims to protect us.”
Nonessential For What Again, Manchester City Hall?
I was pissed at having received at parking ticket last Thursday after 6pm on a semi-deserted street in downtown Manchester. As I stated then: “Yes, I broke “the parking rule.” I just assumed they would cut us ‘nonessentials’ some slack while they collected their bonuses and destroyed our livelihoods, but no, they needed to go out and extort $10 from someone trying to support downtown businesses… you know, the ones that DID have to fire and furlough people, unlike the City of Manchester who gave themselves raises and didn’t furlough ONE PERSON, yet also closed the frigging dump for no explicable reason and built a disgusting Hooverville camp that has its own police escort while I had to put out literal fires. But sure, you’re right, my bad.” I appealed the ticket based on the following reasoning:
Explanation of Appeal:
As I was declared “nonessential” by order of His Excellency, the Governor of NH, I, being nonessential, am unable and unwilling to pay this parking ticket.
Thank you for your prompt voiding of this ticket.
Sincerely,
Carla Gericke
NH Governor’s Response Still (Even More So) Wrong
Chris Sununu continues to double, even triple, down on his bad decisions, which I have criticized from the start. Free people move freely, the government does not own you, and no matter what happens, the government is NOT authorized to lockup its citizens and still pretend that we live in a free society. (We don’t.)
This was my response to one of his recent posts, opening with a quote from “His Excellency’s God King Sununu”: “less than 5% of available hospital beds have been occupied by COVID-19 patients”… so there was no real “pandemic” in any sense of the actual definitional meaning of that word, but there is, and will continue to be a “government manufactured economic crisis,” including almost 20% of Granite Staters now being unemployed, a myriad of our businesses that are closing, and more hardship to come, correct?
Crickets on Double Standard Between ReOpen Rallies and Police Brutality Protests
This week, I wrote in to NHPR’s The Exchange (and called in too but alas, the phone just rang and rang, which seems sort of odd for a call-in show, but m’kay) to ask Laura Knoy to explain the difference in the media’s response between people they like (police brutality protestors) and people they don’t like (people concerned about the destruction of our liberties). Since I fall squarely into BOTH camps, I find it fascinating to see how the Karens and snitches and mask shamers and “YOU’RE A MURDERER FOR GOING OUTSIDE, CARLA” people have suddenly faded into oblivion now that it no longer serves their narrative.
Here’s what I said:
“I would like you to address the clear difference in how the media is reporting on concerns about the virus/social distancing and mask wearing depending on whom is doing the protesting… Liberty and police accountability are two of my core issues, so I’m familiar with both sets of protests, and I am shocked at how silent the social distancing- and mask shamers are suddenly, now that they “approve” of the protests… I would also point out that these are the same people, let’s call them “Karen,” who like to call the police on people, and I wonder whether they see the inherent problem with their way of thinking? They want MORE state to “fix” the state, instead of seeing that the state IS the problem… #HypocrisyMuch #NoPoliceStateNH“
And, if you want to be truly astounded, read this article, which cites more than 1,000 “health experts” who are now saying:
“But when it comes to the protests against police brutality, many medical experts think there should be an exemption to the COVID-19 lockdown logic.
More than a thousand public health experts signed an open letter specifically stating that “we do not condemn these gatherings as risky for COVID-19 transmission. We support them as vital to the national public health and to the threatened health specifically of Black people in the United States.”
The letter conceded that mass protests carried the risk of spreading coronavirus, and offered some good—if naive—advice for people who are going out anyway: wear masks, stay home if sick, attempt to maintain six feet of distance from other protesters. Many protesters are wearing masks, but others are not. And while we can blame the police for forcefully corralling people into close quarters, it’s a bit rich for public health experts to endorse protesting under conditions that they know are impossible for protesters to meet.
Indeed, for the purposes of offering health care advice, the only thing that should matter to doctors is whether their harm-reduction recommendations are being followed: how big is the event, is it outdoors, are masks being worn, etc. However, the letter distinguishes police violence protesters from “white protesters resisting stay-home orders,” as if the virus could distinguish between the two types of events. While I am not a doctor, my understanding is that it cannot.”
Freedom is Contagious, Too
And Lastly… LFOD in the “Yankee Hong Kong”
Buy my book, The Ecstatic Pessimist now on Kindle with paperback coming soon. RSVP to my book launch at the illest event of the year (oh yes I did): PorcFest XVII taking place June 22-28, 2020 at Roger’s Campground in the beautiful White Mountains of the Free(ish) State. Learn more about this year’s event here. Buy your tickets or show your support by getting an In Spirit tix even if you can’t make it this year!
Questions for Mayor about Militarized Policing and Unnamed Federal Agents Operating in Manchester
Yesterday, Mayor Joyce Craig posted this:
I stand with all those who are peacefully protesting the unjust killing of George Floyd, and the racism and violence directed at Black Americans across our country. We know we must do better, and I remain committed to listening to and supporting our community during this time of mourning and outrage.
Peaceful protest to bring attention to systemic racism is right, but causing destruction to our communities is not.
The Manchester Police Department has heard of potential threats to our City and are taking them extremely seriously. Our Emergency Operations Center will be open and operating this evening, and while we are hoping for a peaceful night in Manchester, the City is prepared for any scenario. We are working with our state and federal partners to ensure the safety of our City, and I am thankful to all of our first responders for all that they have done to keep Manchester safe and treat the people of our community with respect and compassion.
In response, I posted the following questions for Mayor Joyce Craig:
1. Will the MPD un-encrypt their police scanners so we can hear what is happening real-time (like it used to be until 2016 when, without any public input, they hid this important citizen’s oversight tool from us)?
2. Will the BEARCAT be brought out?
3. What other agencies, other than MPD, are being used? You mention “federal.” Which ones? Under what authority/law?
4. Will the MPD’s body cameras be switched on? Will this footage be made available to the public upon request, as Chief Capano is on the record saying BWC footage would be?
5. Are any MPD officers working tonight also on the secret Laurie’s List (EES) of bad cops? If so, how many?
6. What use of force has been authorized? E.g. tear gas, rubber bullets, tazers, etc.
7. How much is this costing the taxpayers? Where is it accounted for (line item/budget)?
My point being, we need to end police militarization and policing in secret in order to restore public trust. You can start by answering my questions. I hope everyone is safe tonight. Thank you. #NHPolitics #NoPoliceStateNH
And followed up this morning with these additional comments:
If you are genuine in your desire to fix problems in Manchester, you need to address these questions. The MPD has been getting away with too much in the dark for too long…
Did you know body cam footage is apparently NOT subject to Right-to-Know… why would this be the case other than to hide things?
Why are the police scanners encrypted? Do the militarized police see ordinary citizens as the enemy?
Remember this case? Look at the shocking lack of oversight we can expect from the AG’s office… the same individuals who are keeping a list of bad cops secret from the public even after a judge ruled in April last year that it should be disclosed because it is in the public interest to know who officers with “sustained findings of misconduct” are…
I wonder if any MPD officers are on that list? Or, are any of these officers still employed in NH?
It’s Happening!
Psst! Did you hear? Those crazy Porcupines of the Free(ish) State of New Hampshire are throwing a weeklong party, and YOU are invited!
It is now full-steam ahead for the 17th Annual Porcupine Freedom Festival, aka PorcFest XVII, June 22-28, 2020 at Roger’s Campground in the beautiful White Mountains.
Our keynote speaker is Tom Woods (catch Tom’s recent podcast with Carla Gericke about why he is attending PorcFest for the first time, but you already know the answer, dundundun: IF YOU SUPPORT LIBERTY IN OUR LIFETIMES, THE TIME IS NIGH!)
Buy your super-duper cheap $25 per person tickets today!
Because of The Weirdness, we have decided to K.I.S.S. by:
Radically reducing the ticket price down to 2009 levels! That’s right–not only is Queen Quill back after a decade to organize PorcFest for the third time, she’s doing it THROWBACK-style.
What does this mean? Less formal programming, and more decentralization! You asked for it, now it’s up to each of YOU to make PorcFest a smashing success! Bring your goodies, your projects and ideas, and come pimp your passions from your campsites. No extra fees apply!
Contact Roger’s Campground to book your accommodation today.
Official programming will take place in the open air Pavilion from Thursday (6/25) through Saturday night (6/27), culminating in SoapBox Idol–YOUR chance to tell us in a 3-minute rant how YOU feel. (This should be an extra interesting year!)
We’re excited to welcome back many of our favorite speakers, like Jeffery Tucker, but the focus of PorcFest XVII will be on the AMAZING COMMUNITY WE ARE BUILDING. Given how the future is shaping up, there is no better place than TOGETHER in New Hampshire. We want YOU to join us and #MakeYourMove!
Interested in vending in Agora Valley, the prime real estate closest to the action? Contact us at “info@PorcFest.com.” This year, you will pay Roger’s directly (no extra associated costs!), and simply work with our vendor coordinator to find the best placement for you.
PorcFest XVII sponsorships are now a flat $1,000 (some restrictions apply). This gets you a sponsored “Bonfireside Chat,” dibs on a motel room (that we reserve but you have to pay for yourself), literature in our “upcycled grab bags” (yes, that’s event bags from previous events, you got me!), an online presence on our website, and logo placement on a screen in the Pavilion. If YOU are interested in sponsoring the BOLDEST, MOST EPIC, BALLER LIBERTY EVENT OF THE YEAR, email former FSP Executive Director, Rachel Goldsmith at r@fsp.org.
Some FAQs:
I already bought a ticket at a higher price (but, of course, am still planning to attend)! Please consider donating the difference to help us. If not, you can ask for cash refunds onsite. If you bought a ticket and are not planning to attend, as penance, you forfeit your payment. Just kidding! Email “info@PorcFest.com” with “Refund” in the subject line. But, yanno, being generous right now would be greatly appreciated!
I already bought a VIP ticket, what now!?! Sadly, there will be NO official VIP tent this year. If you have purchased a VIP ticket, please consider making this a tax-free donation. If you would like a refund, please email us at “info@PorcFest.com” with “VIP Refund” in the subject line.
What about PorcuPints programming? Families are still encouraged to attend, but there will be no formal childrens’ programming this year. Free range children, pop-up parenting, and babysitting shares will likely naturally evolve onsite.
I’m concerned about The ‘Vid! What about getting cooties!?! If you have ANY concerns relating to this, please sit out this year. While Roger’s is currently asking you to wear a mask and social distance in communal areas (you can do what you want on your own site/motel room; no noise after 11PM), things may change fast and, as is the case when you bring large groups of liberty individuals together, other people may not act in accordance with your personal preferences. You are ENTERING AT YOUR OWN RISK. As has always been the case, we ask everyone to behave in a manner becoming a Porcupine, following the (Black and) Golden Rule: Treat others as you would like to be treated; be kind and considerate; don’t be an asshole. Additional guidelines will be provided and shared with PorcFest XVII ticket holders in the coming weeks and posted onsite. For purposes of PorcFest XVII, everyone is a member of Roger’s Campground. You will receive your membership onsite.
What about guns at PorcFest? What about them? 🙂 PorcFest is a gun-friendly environment. Anyone carrying is expected to behave in a safe manner. Gun safety rules will be posted onsite.
More information coming soon… but NOW IS THE TIME to BUY your tickets to what will surely go down as THE MOST LAUDED, TALKED ABOUT, AND HISTORIC PorcFest ever!
(Can’t make it this year, but love what we are doing? Buy your “In Spirit” tickets to show your support! Thank YOU!)
“Nonessential” Neighbors Battle and Extinguish Dangerous Brush Fire in Densely Populated Manchester Neighborhood Before “Essential Responders” Show Up
If that headline sounds melodramatic, it’s simply mimicking press releases from the media in similar situations, except I’ve used the government’s new designations regarding who they think are “essential” and “nonessential.” I think we proved we’re essential to ourselves, no matter what anyone who claims they’re more “essential” says.
Yesterday, my husband, one of my neighbors, and I battled and extinguished a dangerous in-town brush fire. Below is my first-person account of the events (as posted to Facebook within the hour), as well as my Right-to-Know/91-A Request filed with the Manchester Police Department today to get copies of the body camera footage that was recorded by some of the officers at the scene.
I am very grateful we were able to take care of the immediate danger before anyone got hurt or any real property was destroyed. I hope the City makes a better effort to clear-out Gossler Park’s brush. A few years ago, kids were regularly setting small fires back there, but this was the first one I’ve seen in years. Glad it worked out!
***
From our kitchen, I spot Louis running past the living room windows towards our garage. I open the door and stick out my head, “Where you running to?” He’s already grabbing a couple of shovels. “There’s a fire at Brinck’s house!”
The minute he says it, I smell it.
Fuck.
“OK, I’ll grab our extinguishers and meet you there.” I race around the house, collecting extinguishers from my kitchen and basement, and an extra one I keep stashed. I’m in house PJs and an apron, but I grab my belt and click on my gun. I have no idea what’s waiting out there. Proper preparation, what what.
The fire is burning behind Brinck’s house, on the school’s property, a couple of feet from the wooden fence, which, since it’s old and dry, would light up like a matchbox. The brush is burning maybe a couple of feet, one foot, from the fence. It is TINDER back there, with overgrown brush, fallen trees, piles and piles of leaves. Two tween boys are throwing sand on the burning leaves. One yells, “We didn’t do it! We just saw the smoke.”
Louis is tossing sand on the flames with his shovel. Matt is using the sprinkler hose over the fence to try to dose some of the spreading flames. I pull the pin on one of the extinguishers and start spraying the base of the flames. (I was trained as a fire fighter in high school.) The smoke and white stuff blinds me, but I keep going. After a while, the kid grabs the extinguisher, and, as I am alarmed at how much the fire is now spreading, and how little defenses we have, I run back to our garage to grab two 5 gallon spring mountain water jugs and run back (I definitely got my workout today).
The fire is dead in several zones, but rekindling is several others. One particular pile of dead trees looks like a natural pyre, and so I use the other extinguisher on that.
Somewhere on one of my runs between the houses, an unmarked police car shows up. The officer in jeans and a black shirt with his badge on a thick chain around his neck starts walking onto Brinck’s property through the back gate.
“Excuse me, I don’t think you should do that. I don’t think the property owner would consent to that.” At this stage, I do not know that Brinck is actually at Whole Foods. “The fire isn’t on the property, it’s behind, on the school’s side.” He keeps walking down, almost behind the building. Loudly, I say, “Hey! You’d need to ask him first.” He comes back to the street.
“Why… does he have a gun?” I don’t respond. I am clearly opening carrying, so I just shrug. “Look, I don’t have time, I’ll ask him to come out.”
We fight the fire. A uniformed cop comes out back, and helps. The fire truck shows up just as the fire turns and is heading back down the hill, away from our properties. 3 more squad cars show up. The fire fighters head out back, pulling their hose past the pool area, but the police just mill around on the cul de sac.
The fire near Brinck’s fence is dead, the rest is under control, heading down the hill, where, I believe another fire truck is stationed. An officer starts asking me questions. I tell him I live next door. We chit chat a bit, then after I swear while recounting the situation, he says, “Oh, I need to let you know I’m wearing a body cam.”
“Yeah, you are,” I say with the cheekiest of grins. He looks confused. “That’s because of me,” I explain and stick out my hand. He’s wearing a mask. “I’m Carla Gericke.” He doesn’t take my hand but we half-heartedly elbow bump.
I ask the firefighters if there’s a way to get my personal extinguishers replaced, “You know, now that we’re just giving away free shit wily-nilly.” He is not amused, but says, “We don’t do that.”
When I head home, 4 officers are standing around near their cars on the street in front of my house. I walked over to say hi, introduce myself, and say, “It’s all under control now, we put out the fire, y’all can scoot on out of here.” The senior-seeming guy doesn’t really know what to do with that. The firemen unleash the fire hydrant at the end of the street and the road starts flooding with water. At least we now know it works! “It’s going to get wet here,” the officer says. “Yeah,” I say, “I’m heading home. Bye now!”
What can I say? Everyone was professional. They seemed amazed that we knew what to do and took care of it ourselves. When one started fronting about showing up to save us, I gave him a look, and he said, “Yeah, okay, you guys really took care of it before we got here.”
And that we did. Essentially.
I can still taste the soot, and I smell like a chimney, but all is well that ends well. Now, let’s end this bullshit lockdown, and let liberty rise!
***
Dear Manchester Police Department,
RE: Right to Know Request per RSA-91A
Pursuant to the Right to Know Law (RSA. 91-A), I am requesting public access or emailed electronic files of, within 5 business days, the governmental records reasonably described as follows:
All Manchester PD body cam footage from police officers as captured on May 14th, 2020 between approximately 13:30-15:00 at a brush fire event on Gossler School property, which was accesses from Durette Court, Manchester.
The following emergency vehicles were parked on Durette Court during that time: one black unmarked vehicle with two un-uniformed police officers (male and female), and three SUV cruisers. One firetruck was present.
I’m only seeking footage involving interactions between police officers and civilians during that time frame.
If you deny any portion of this request, please cite the specific exemption used to justify the denial to make each record, or part thereof, available for inspection.
Please let me know when these records are available for inspection or, preferably, you may email the records to: carlagericke@gmail.com. I will also submit this request via email directly.
Thank you for your lawful attention to this matter.
Sincerely,
Carla Gericke
[Phone number and email redacted]
Per RSA 91-A, governmental records means “any information created, accepted, or obtained by, or on behalf of, any public body, or a quorum or majority thereof, or any public agency in furtherance of its official function. Without limiting the foregoing, the term “governmental records” includes any written communication or other information, whether in paper, electronic, or other physical form, received by a quorum or majority of a public body in furtherance of its official function, whether at a meeting or outside a meeting of the body. The term “governmental records” shall also include the term “public records.”
Have you ever stopped to wonder… Who owns you? If you’re glib, you’ll, of course, say, “No one,” or, perhaps, “Me! I own me.”
Okay, but if you are not “allowed” to do what you want, when you want, based on your own perception and understanding and knowledge of a particular situation, or, even, no knowledge at all, and are forced, BY ORDER of another human being, to NOT DO WHAT YOU WANT to provide for yourself, your family and friends, then… WHO OWNS YOU?
Why do I believe in Liberty above all else? Beside the moral aspect of only *I, myself* am able to decide *for me about my life,* I believe you always get the best outcomes in the shortest amount of time when human freedom flourishes. When you allow people to pick and choose what works best for them, you allow experimentation, which in turn gives us information, which gives us better, faster results.
Free people = better lives.
When you eliminate Liberty, bad things follow. When you subjugate yourself to unelected “experts” and allow their opinions to form the basis of “government orders” against the people of your own state, forcing them into one single approach, **regardless of our differences,** you not only reduce and/or eliminate that experimentation and nimbleness afforded by free people freely deciding how to live their lives, you actually become a slave to someone else’s decision matrixes, you become a slave… To a state government that now claims to have the “authority” to pick who does what when WITH PRIVATE BUSINESSES, PRIVATE PROPERTY, and supposedly FREE HUMAN BEINGS…
Again… who owns you?
Know how you get people to stay inside during a pandemic? THERE’S A PANDEMIC. The governor failed New Hampshire by choosing tyranny over Liberty.
I realize Sununu had difficult choices to make, but he chose wrong out of the gate by not choosing to respect us, me, YOU, his fellow citizens and by ignoring the founding principles of this nation and state. He chose wrong by choosing to DICTATE instead of LEAD.
As is typical for a politician, there was a lot of nudge-nudge wink-winking that happened at the start. Subtle, “don’t worry,” we’re just going to designate everyone as “essential,” and this “order’s enforcement” won’t have “teeth.”
Well, let me tell you a little something about how Liberty vs. tyranny works… When you issue “orders,” you are empowering law enforcement to… enFORCE ORDERS, which is kind of what they like to do… Which means…
It has taken less than a month for the police to start harassing parents on playgrounds. It has taken less than a month for law enforcement to threaten NH surfers. It has taken less than a month for police departments to start issuing policy statements explaining how they will go about arresting people who are outside (e.g. see Weare PD).
I’ve said it before, and I will say it again, and the Attorney General of the United States of America agrees with me, telling you to leave the public IS NOT A CONSTITUTIONAL lawful ORDER and if you are arrested in New Hampshire re this, PLEASE contact me.
(They’ll initially charge you with the catch-all “disobeying an officer” and then drop the charges later, and you’ll have to sue in federal court for violation of your civil rights, but I’m pretty sure–although, of course, no guarantees about anything, you’re reading an opinion on the internet–qualified immunity isn’t going to work for them, and law enforcement may be held *personally liable* too.)
I will be at the rally at Noon today 5/2 at the State House in Concord. I hope you will join me. No matter what your government tells you, WE ARE ALL ESSENTIAL.
Yes, even–nay, ESPECIALLY–us, the hard working, healthy, responsible taxpaying portion of the state… And it might behoove the “order-makers” to remember that!
NH Journal:
It is possible to be concerned about the virus, and the economic downturn, and the destruction of our civil liberties. I am, which is why I attended the rally on Saturday. I don’t underestimate the virus, but I also don’t underestimate the cost of the shutdown or the dangers of trading liberty for a false sense of security.
Life is about tradeoffs, and when you use faulty data to implement faulty “solutions” — restricting peoples’ natural rights, instituting a lockdown to “flatten the curve,” and dividing Granite Staters into “essential” and “nonessential” groups — bad outcomes must follow.
Carla Gericke (see full article)
Granite Grok:
Our caution (and lack of widespread testing of antibodies) has carried a huge economic toll. For every person in the US who has died with the virus, 1000 people have lost their jobs. We don’t know how bad it might have been if we had done nothing. At this point, we should ask if we are willing to put another 30 million people out of work in the US when we could justifiably focus on reducing death due to heart disease or other infectious diseases. Also, consider that this virus is not going away – ever. As long as there is life on earth so will be this virus. It would be nonsense to think we can socially isolate our way to zero infections. Instead of forcing society to hide from it, we need to learn to live with it within reason.
Our national policy for this matter was created with good intentions and recognizing legitimate risks. We knew very little about the virus and what might happen. That’s not the case now. The curve is flat. Our hospitals are not overwhelmed. The mortality rate is 1/10th what we thought. At this point, there is not enough uncertainty to justify continuing to destroy the economy and the government intrusion of our liberties. The burden of proof for lifting the restrictions should no longer be on us. Instead of forcing us to prove the infection rates will drop, the government should be obligated to do widespread testing of antibodies in NH and prove that it is still a problem.
This coronavirus is still 10 times worse than the flu so I’m not suggesting we drop all caution. The data does suggest that we should be able to resume most of our activities with a cautious approach while not being sloppy. By now everyone has learned the basics of proper hygiene and many people will be slow to recover from the intense media blitz. Those at risk should take extra caution, just as with any other infectious disease. The other 98% of the population should be able to move forward and rebuild from this disaster. Before we know it we will find that the new normal is the same as the old normal.
Dan Moriarty (see full article)
Fox News:
Manuse told Fox he believes the individual should be allowed to determine what restrictions are best for them.
“I think that that works a lot better than a top-down approach where the governor is telling everybody ‘one size fits all, this is how it’s going to go,'” he said. “That’s authoritarianism. It’s never worked before in any other country. And it’s not going to work in the United States or New Hampshire.”
Andrew Manuse (see full article)
Union Leader:
“The economic engine that provides food, beverages, clothing, shelter, and every modern convenience to the American people took more than a century to build. Yet, at the stroke of many a governor’s pens, the dangerous servant that is government has become a fearful master now poised to destroy our way of life in the name of safety.
The coronavirus did not cause this problem where the cure has become worse than the disease. Centralized government power has stripped us of our ability to manage our own affairs, and it by no means can dictate how we should rebuild them. It is time for the governor and others to step out of the way and let people go back to work so their free enterprise and ingenuity can meet the needs of those who are suffering.”
Former State Representative, Andrew Manuse (see full op-ed)
Manchester InkLink:
Carla Gericke, a Republican state Senate candidate from Manchester, said she attended.
“I went as a concerned non-essential Granite Stater and Republican State Senate candidate (District 20) who believes the government’s response has resulted in the prevention being worse than the cure. The government does not have the right to pick economic winners or losers, nor force us to stay in our homes, especially not when, here in Manchester at least, NOT ONE city employee has lost their job or even been furloughed. Clearly, we are NOT ‘all in this together.’”
Gericke described the crowd Saturday as “an interesting mix of people, from health freedom activists to Free Staters. I didn’t really get an overt partisan slant, it wasn’t ‘Trump-forward’” although there were some.
“There were teachers and nurses and moms, there were politicians and state representatives and masked armed dudes, there were laid-off workers, a few people who have been deemed essential but wanted to show their solidarity, and many who have lost their jobs and want to get back to work,” Gericke said.
She said she went because “at least 124,000 Granite Staters have been put out of work– that’s the population of Manchester and Amherst combined, and that’s a devastating blow to our state’s economic health which we will feel for a long time. Many small business owners will never recover. I went because my favorite Manchester restaurant, the Turkish restaurant Matbah, shut down permanently.”
Gericke said she takes the virus seriously.
“But I am also very concerned about the destruction of the economy with all its knock-on negatives like increased suicides, more substance and domestic abuse, children dying by the hundreds of thousands in impoverished countries, and I worry about the expansion of authoritarian government policies without proper oversight or citizen control,” Gericke said. ¨If they can lock us down on the say of the W.H.O. now, what is next?”
Carla Gericke (see full article)
I was asked by NH Journal to pen an opinion piece regarding the reopening of New Hampshire, which you can find here, We Are All Essential, It’s Time to Reopen NH, as well as the counterpoint by Senator Jon Morgan, I Want to Get the Hell Out of My House, Too — but We Can’t Rush Reopening.
Here’s my piece in full:
Freedom is the answer, what’s the question?
It is possible to be concerned about the virus, and the economic downturn and the destruction of our civil liberties. I am, which is why I attended the rally on Saturday. I don’t underestimate the virus, but I also don’t underestimate the cost of the shutdown or the dangers of trading liberty for a false sense of security.
Life is about tradeoffs, and when you use faulty data to implement faulty “solutions” — restricting peoples’ natural rights, instituting a lockdown to “flatten the curve,” and dividing Granite Staters into “essential” and “nonessential” groups — bad outcomes must follow.
We are all essential.
It is not the role of government to pick winners and losers. Unemployment leads to societal malaise, to increased suicides, domestic and child abuse, substance abuse, higher crime, lowered standards of living and shortened life spans.
Almost 20 percent of Granite State workers have lost their jobs already. That’s at least 125,000 people, mostly blue-collar workers and small business owners.
That’s the population equivalent of Manchester and Amherst combined. Next time you drive through Manchester, imagine, No one around me has a job anymore. Then drive past the next block, and the next, and the next.
Then consider that state employees are not being furloughed or laid off. Consider that they declared themselves “essential” and YOU, “nonessential.” Consider that union contracts with jaw-dropping benefits and above-market salaries are being ratified in emergency meetings that are not open to public scrutiny.
Consider that despite being told the hospitals would be overrun, another inaccurate prediction, more than 20 percent of N.H. hospital workers have been furloughed or laid off, effectively destroying private/elective healthcare, perhaps forever.
Then consider that your property taxes are going up… Then consider when they say “we are all in this together,” is it really true?
If we don’t have enough data to make good decisions, can we at least stop making bad ones? The original estimates were overstated by more than 30x. That’s soothsaying. What consequences do these unelected “experts” face for being wrong?
Different countries tried different approaches but the fatality rates look similar globally. Ironically, Sweden and South Korea both took less draconian approaches, and their curves look similar to ours, “the land of the freelockdowns.”
What kind of society do we live in when the government can suspend its own rules based on the inaccurate opinions of unelected officials? The First Amendment guarantees our right to peacefully assemble.
“Congress shall make no law” does not include “except when” or “unless this scary thing happens” or even, “under emergency circumstances.” If the government no longer follows the Constitution meant to constrain it, why should we remain law-abiding?
We can always protect our most vulnerable without losing our freedoms. We can ask people to stay at home voluntarily. We can accept that individuals have different appetites for risk, as is the case in a free society. We can remember that free people move freely, and that the government does not own you.
But alas, we are giving in to fear over freedom, we are walking away from our founding principles, and because of this, we will suffer under a government-manufactured economic crisis, and New Hampshire will never be the same.
About the Author
Carla Gericke
Carla Gericke is the Republican candidate for State Senate in District 20. Learn more at CarlaGericke.com. She wrote this for NHJournal.