Wednesday, November 2, 2011

Raleigh Mayor Elect McFarlane

The news out of Raleigh North Carolina for the Occupy movement, especially a newspaper article was so troubling to Americans rights that this educational blogpost was published.  First, congratulations to Nancy McFarlane on being elected Mayor of Raleigh North Carolina.
Nancy McFarlane as Mayor elect of Raleigh NC 
Several things that were said in a publication about Occupy Raleigh troubled the writers of this blog network.  It is hoped, and encouraged to seek proper constitutional guidance prior to taking the oath of office Ms. McFarlane.

The US Constitution can not be abridged by North Carolina Law.  Your city attorney Tom McCormick should be able to affirm this, if not find a much better city attorney to appoint who can.  Trespassing cannot be charged on public property because it is a North Carolina law attempting to abridge the lawful right to peaceful assembly in public parks, or public space.

The US Supreme Court affirmed that all activities, repeat: ALL ACTIVITIES in a public park or public place is free speech, and peaceful assembly protected as a fundamental Constitutional right in the US and most likely the North Carolina Constitution.  The citation for your city attorney [it is a simple read] is Hague v. CIO 307 US 496 (1939).

As for "worrying about other groups" wanting the same treatment as Occupy Raleigh, that is covered in the 14th Amendment to the US Constitution which guarantees equal protection to all Americans.  It is hoped that a woman mayor would most want to uphold equal protection, meaning: all people are treated the same, and all groups.  Since your city attorney Tom McCormick expressed a concern, I would express a concern for his knowledge of the US Constitution, and helping you uphold the Constitution of North Carolina and the United States.

As for police protection, and patrols to protect your constituents, hopefully your choice for Police Chief will have suggestions such as patrols, K-9 Patrols, or other effective safety measures.  Do not let state officials dictate how your public safety officers will respond, or act around Americans peacefully assembled in Raleigh.  No one can determine who or what is the right amount of peaceful assembly on a sidewalk, as long as safe access for pedestrians is attained.  Work with the occupiers, embrace them, attend their Daily general assemblies, perhaps some great ideas can be taken from them.

 Martin Luther King Jr. had a dream of equal protection, civil rights.
MLK never took an oath of office to protect rights.

Notice how this message was kind, suggestive of conduct which affirms your oath of office and better serving your constituents.  Please respect the US Constitution, and your constituents rights as Americans.  They are there to change the world, and improve your municipality.  We wish you well Ms. McFarlane, and know you are not solely targeted: we wrote the Oakland Mayor, the Denver Mayor, the Omaha Mayor, and the Buffalo Mayor in the United States.

Jan Scully of Sacramento was praised by not prosecuting Americans who are Occupiers.  Ms. McFarlane, if you truly wish to make a name for yourself, you will direct the Raleigh City Attorney in your administration to do the same.  At that point, you would be following the oath of office.
Best of luck to Raleigh, NC please treat Americans engaging in peaceful assembly with respect, and uphold their rights to assemble on public property, and speak appropriately in public places.

Work with them, the enemy here is ignorance to protected rights, not some mob that needs controlled.   Use you law enforcement to direct them politely, not drive fear of arrests for actions which supersedes any North Carolina Law. This ethics complaint can be easily corrected, with your city's appropriate action.