A Special Message from Scott M. Huber . . .
Many of you have faithfully and in good faith given to this cause that is not just for me but really in Truth for all of us! Times are rough I know. However, your new and / or continued support is necessary to see the issues I am involved within victor so that all our positive efforts and time invested the last ten or so years in this vein will not be wasted!
As you may have noticed while reading my articles I am in urgent need of your kind financial support
especially for the immediate funding of my Legal Defense Fund. The gamut of legal actions will be
precipitating especially in the coming months and what I can do now will strengthen my options then.
Your new and / or continued Donations will be Greatly Appreciated!
Stop by and meet with me personally when you see me at my Protest site at Burlington and Ogden Avenue in Naperville or in the vicinity or email me your gift via your provider at [email protected]!
Thank You!
RESTORED PRE MARCH 31st 2010 BLOG OF SCOTT M. HUBER
UPDATES & COMMENTS
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NOTE MY CENSORED "NAPERVILLE SUN" BLOG... THE RESPONSE THAT WAS UNDER BILL BIRD'S MARCH 16, 2010 ARTICLE AND REMOVED! (Use your "find" and search for "CENSORED "NAPERVILLE SUN" BLOG" to find the article below... that is for now at the bottom of this web page's comments!)
The Latest News Event The Last Week of 2-7-2010 & Then Some!…
MY EDITORIAL RESPONSE TO THE NAPERVILLE SUN'S BILL BIRD'S NEWS REPORT OF 2-12-2010 (Article @
http://www.suburbanchicagonews.com/napervillesun/news/2045518,homeless_huber_arrest_NA021210.article Download it before it archives!)
Bill Bird who is this article's reporter really has to take some lessons in diligent reporting. He has not taken the time to exercise an honest effort to find me and interview me and get my side of the story and says that "Huber could not be reached Friday night for comment on his arrest, and it is uncertain where he now lives."
If Bill would have done his homework he would have found out where I place myself in my daily protest itinerary. He has staffers that know fairly exactly where I can be found when I am not at my present protest sites. He could have gotten my email address from them also and his staffers could have located me for him as they have my phone number!
I would venture to say that Bill was just very conveniently lazy in pursuing information easily available to him because he really has minimally subconsciously an agenda, no doubt, influenced by Naperville Manipulative "Aristocratic" Politico Controllers to character assassinate me and God in and through me and are a causation for him to continue the Naperville Sun's pattern of conduct to defame me setting an example for the rest of the media to take off on as the Naperville Sun did in the article way back on April 7, 2007 when I ran against Mayor George Pradel for mayor. I foundationally was claiming "taxation without representation" by "King George" because I would not “fall in line“ with the despotic controllers who forgot this is America! Ironically they say the pledge of allegiance to the Flag too!
It is interesting that the reporters for the Naperville Sun are so anxious and diligent to report the City and Party side but remiss in getting the facts or representing the contextual facts from the "horses mouth" for balance and for one "minor" other thing and that is the TRUTH! It smacks reminiscent of the Nazi propaganda methods Joseph Goebbels espoused in telling a lie often enough and they will believe it approach or the controlled puppet mouth piece newspapers of the former Soviet Union.
Get with it Naperville Sun. Get with it Bill you are in the United States of America…you know “Truth, Justice and the American Way“…“UNDER GOD” and God is Love NOT misrepresentation and devious apparent brown nosing manipulation of facts that you have characteristically done when reporting about me to and for the reigning controller establishment as a puppet news organization!!!
In your first paragraph you characterize me as a "nomad"! It certainly was not a positive labeling of me with the definitions of Homeless people randomly presenting themselves as you have however, in reality most of the people who come downtown are "nomads" but would never be thought to be characterized that way because they are desired revenue producers and “club“ members! Businessmen making their nomadic rounds to their clients, shoppers making their nomadic rounds to their favorite restaurants and stores as well as store and business employees in their nomadic site location assignments similarly as yours truly the Organized Protester, shopper and patron of restaurants here NOT a random "HOMELESS MAN" as you so defamatorily label me in your headline!
I have the right to lean down and access the help of my supporters and strike and protest in a vigil 24/7! It is not against the law to lean down or live within my means the last I heard!
You go on to state that I have “new trouble with the law” rather than alleged to have trouble with the law. Further down in your first paragraph you state as fact I was arrested “…this time on charges of trespassing and disorderly conduct…” You continue elsewhere to make these misstatements throughout your report ignoring the inclusion of the word alleged!.
Again, what happened to the word alleged or allegedly? It used to be standard protocol especially in the major newspapers…apparently you are not a major newspaper and think you can get away with it! What happened to INNOCENT until PROVEN guilty? You guys have me roasted before the crucible has made its test! What kind of Americanism is that? Sounds like former Soviet Union strategy! It also sounds like the preliminary injunction the City got on January 13, 2010!
In the next paragraph you say the “controversial Huber lived for more than eight years on the sidewalk”. Come on guy don’t you read anything other than your own newspaper’s puppeteer and observe anything for yourself? There is a well publicized photo gallery at Flickr.com replete with evidence otherwise!
www.flickr.com/photos/7506162@N08/2370191842
You and your newspaper conveniently characterize me as “living” on the sidewalk! Clearly this tactic is designed to characterize and underscore me as “Homeless” as you so label me in your headline and the City silently implied in the pictures it tendered as evidence to the court to get a premature, (not following their own ordinance protocol), preliminary injunction.
Clearly I am NOT “living” on the sidewalk in the sense you intend. Yes, I live, breathe, exist while out on / adjacent to the side walk right of way where ever or on the bench in the bicycle parking area of the parking garage but lets get with reality it is NOT like or with the intent of lower Wacker Drive in Chicago as you want to characterize my presence! My presence is an ORGANIZED PROTEST VIGIL not a “Homeless” random residence! It clearly does not impede the public ways and can be characterized relatively speaking as having been neatly kept!
The City has issued permits to other businessmen that clearly impede the public way! The message sent is that it is alright to impede the public way as long as you pay for it…to hell with the ease of public transit!
Organized Protests are looked upon differently by the Federal Courts…See Metropolitan Council Inc. v. Safir, 99 F. Supp. 2d 438 (S.D.N.Y. 2000) which in essence states that an ordinance that includes BOTH random presence and ORGANIZED presence on the public way is too broad and thus unconstitutional.
I do believe protesting of which I am qualifies me as an ORGANIZED presence. I do believe this case shows that the City of Naperville ordinance of issue is clearly being applied to me UNCONSTITUTIONALLY and in more ways than one!
I have not seen or heard of any overruling case. If anyone has evidence of an overruling case let me in on it!
The preliminary injunction did NOT force me from my so called “encampment” on January 13, 2010. The property comprising my protest site was removed to Storage at a supporter’s home whenever I would be gone long periods of time like when I was attending to the court hearings at which time I secured my motel headquarters so to focus uninterrupted on preparation of legal response to the legal issues pending last month and yet have direct availability of public transit so to get quickly to court..
The preliminary injunction did not force me from protesting at 75 E. Chicago Avenue. What it did do is prevent me from having two carts that had signage attached to it and a generator for use of my computers, chargers and microwave oven that made my protest autonomous, cost effective and multiply productive, AKA “killing two or more birds with one stone”! The City did not like that because it did not support those alleging me being a bum laying around on the street doing nothing! They banned me from volunteering my professional Horticultural services that clearly had made the garden at 75 E. Chicago a new drawing card of public interest and praise the prior three years because I was doing it not because it was not effective and a positive TAX FREE embellishment to the downtown image! Those who say I don’t pay “taxes” think again grasshoppers!
The preliminary injunction was a clear cut attempt to make my presence costly and non durable especially in the cold months. It was designed to wipe me out financially and thus make me disappear! Disappearance of my presence is/was not because of the alleged personal property on a public way, alleged camping, or “sleeping” in vigil and protest it was a clearcut political move to eradicate my presence from the city because it embarrassed those powerful who misrepresented my presence as a credible and productive citizen presence that needed to be recognized and properly and lawfully treated and protected! Aesthetically my so called denegration of the “pristine” downtown image and business atmosphere is no more so than the Target strike in 2004 on State Route 59 public way on Naperville’s west side shopping district!
My current daily costs are now up two to three times what they were when I had my equipment present because I now have to utilize restaurants to supplement my lost electricity conveniences as well as food offerings from the public! I am now on the protest site about a third the time I was prior to the preliminary injunction. However, I am working on ways to improve my presence preliminary or permanent injunction or not!
What has caused me to be leaving my Chicago Avenue protest site is the fact that Officer Pastrick has become overzealous in enforcing the application of the new ordinance. Where on January 15, 2010 I was considered by the City Manager to be in compliance, on January 26, 2010 Officer Pastrick decided apparently autocratically to limit me to No bags and only 1 sign on a stick. So if someone brought me some food supplys as a gift I would be in violation of his subjective enforcement.
I left that Chicago Avenue site for areas outside the downtown district where the ordinance applied unconstitutionally in the downtown did not reign so to not incur a citation for contempt of court and to keep the peace and avoid any further unconstitutional complications for myself!
My presentment on January 26, 2010 was in all practicality the same as on January 15, 2010 when it was satisfactory to the City Manager!
Officer Pastrick’s oppression forced me to pick in good weather the 4 North Washington spot on a public way just outside the downtown district kiddy corner from the original Naperville Post Office where I would have similar public presence as the original location on Chicago Avenue.
Being at 4 North Washington roused the ire of Dr. Kathy Borchardt on February 1, 2010 who suckered me into the circumstances at present that she despicably and deceitfully devised so to allege I criminally trespassed and committed a disorderly conduct of which I am now responding!
The question that entertains my mind is is this another move by certain City politicos to complicate my addressing the April 8, 2010 hearing for permanent injunction successfully by bogging me down in yet another fallacious peripheral charge so to further drain down my financial resources which were no doubt taxed when I had to post bond and nearly not making it? I believe it was the intent of those in collusion to put me in jail for a long while so that they could nefariously dispose of my presence indefinitely and get their injunction permanentized
As I have said prior at my Flickr.com site and in the blogs, I have a supporter who has furnished me with a legal address and two supporters that have available a room for me to stay should I choose to use them. I am not looking for a place to stay using the sidewalks as an alternative! So understand and take note that I am NOT a “homeless person” yet suffer the abuses and decimation that the homeless often and usually do including financially!
The City has chosen to insult that reality of fact of not being “homeless” and offer me information in the notices and summons they have issued me defining the availability of PADS, boarding houses, motels, hotels, rentals and etceteras. The City as well as aligned public with the Judge have apparently chosen to ignore the proper context of my presence as a organized protester in a 24/7 vigil of protest! They are being perfunctory to look good to the public about as credibly as the salesmen who were bewitching to the King who had no clothes!
Simply put they are not dealing with reality and railroading an interpretation of fact that does not exist. That sounds psychotic to put it nicely! I noted this kind of psychosis present in this Dupage society when I first came here over twenty years ago! I have written about it in my “Porcupine Quills” newspaper, (a newspaper with a standard of excellence that far exceeds the standards of the Naperville Sun and others that copy cat them, you see I don‘t have to concoct juicy stories so to sell newspapers as it has been the news organ of its privately held parent company A&A Electronics and Television!), early in this decade, 1999 through 2003 formally!
You continue your negativism and embellishment Bill when you say my “latest run-in with authorities occurred about 7:40 a.m. Feb. 1, while he was allegedly loitering outside a medical building”! Loitering? Where? When? There is no police record of loitering! Is this your contrivance or did you speak with Dr. Kathy Borchardt who conditioned you especially considering that she is a neurological psychologist! At least you used the word allegedly!
Run-in? Actually it is an episode in my protest experience Dr. Kathy Borchardt created to look like a run-in with the law and believed done so with the suspicion of collusion with other antagonists of my presence as protestor and resident in Naperville. It further supports the belief that the ordinance and enforcement of the law is being abusively applied and unconstitutionally enforced by political selfishness that is foisting its powerful connectivity on the City government from without and within. Title 42, Chapter 21, Section 1981 et. Seq. with special emphasize on Section 1983: Abuse of policy and abuse of authority will deal with this nefariousness along with other Federal and State laws!
Come on Bill, Dr. Kathy Borchardt never had any prior circumstances with me. She initiated contact with me I did not with her. She merely alleges things as fact and the City has taken supportive action based on her concocted story but note that it was executed eleven days later which suggests problems with its veracity and the pulling of strings politically to act on it!
Most of the police officers that have been assigned to the downtown district know my demeanor under difficult circumstances as have presented themselves to me on the protest site. They know that Dr. Borchardt’s story is not congruent with what they have observed of my conduct over eight years in hostile circumstances and even when I have been threatened, intimidated and physically attacked!
However, some officers have not been correct in their handling of some events like when I got attacked January 4, 2010 at 2:15 AM at my Chicago Avenue protest site and suffered considerable criminal damage to property witnessed by Naperville police. They let the offender go and did not even make him have to pay for the damages he incurred! They in fact said there was no criminal damage! Yet I have photos of the damage done and they ignore it. Those cops made like they could not find a law or ordinance with which to charge the offender and I have to swallow it. Then they scrutinize me and my protest presence with a “microscope” and say I am in violation of the open flame ordinance and there is no open flame! This present event seems to take a similar twist this time with my arrest.
These are two examples above are of a strange and questionable“Law and Order”!!!
Obviously my experience was more valid for charges to be pressed than Dr.Borchardt’s yet it did not happen for me but did for her!
Your integration of Sgt. Bell’s comments with yours make it look like I was sitting on the front porch of the building stating I was asked “to step away from the front door”. The fact is that I was on the public way, twenty or thirty feet from the front door! I was near the access stairway on the public way at street level that goes up to the terrace level on the way to the front door twenty or thirty feet away! I was not blocking their stairway or sidewalk much less the door!
Dr. Kathy Borchardt knows the majority of patrons to that office building enter through the back way and some via the brick walk on the upper terrace by the side of the building to the front door from the parking lot in the back of the building that they provide for their customers. Clients entering via the brick walk on the upper terrace can hardly see my presence on the street level up against the cement wall if at all! Her concerns were hollow. She clearly wanted to remove my protest presence from another effective location of public exposure. Witnesses and neighbors and myself over long periods of time over the years have very rarely noticed any traffic through the front door, much less children.
Notably, children have been a big slice of my supporters. NCTV Channel 17 has reported that I have 650 supporters on Facebook.com and if you have visited it you can see that a goodly proportion of them are CHILDREN. I have had CHILDREN approach me at my protest sites including 4 N. Washington and in restaurants to let me know they support me and my cause and some even shake my hand or give me some of their hard got spending money! Kids will come up to me and say that I and my presence are “COOL”!
People in general have considered me harmless, good natured and friendly, surely a positive asset to the community that is being stifled. I and my protest presence are considered a Naperville Icon and a piece of Americana that is a draw to the downtown area to curiosity seekers that makes me an asset to upping the sales for the businesses in the area!
Dr. Borchardt should be a writer for the “Twilight Zone” or “One Step Beyond” and the like! She has quite an “imagination“!
My goodness, every Muslim wearing a burqa, chadri, khimār, shaylah, keffiyeh, yashmagh, ghutrah , hattah, mashadah or shemagh that could sit there and Dr. Borchardt would have a fit about it! My goodness, it could even be Osama bin Laden himself under those clothes in disguise!
Good grief, it is only a businessman resident of the community of twenty years protesting for equal protection of the law, with a blanket around his shoulders and over his legs while wearing a hood at a location where there is good public exposure and contact! You don’t go to Franklin and Loomis as has been suggested in the City Council when you are protesting you go to Franklin and Loomis when you want peace and a restful environment in relative seclusion!
Such troubled children that might be “scared by my presence” that might need her services I strongly doubt would not be accompanied by their parents or older siblings especially due to their condition!
As you have represented it Sgt. Bell does not know what he is talking about when he says I “didn’t appreciate” the request as you stated for reasons I just above stated. Maybe he means that Dr. Borchardt’s “request” was a well connected warning to comply or else!
Dr. Borchardt has a problem with Scott Huber being there not some scary presence imaginatively and subjectively interpreted and concocts what she will to get City and Police sympathy. Ethics, morals? Forget it! It is the ends that justify the means with Dr. Borchardt and her malicious acts toward me and fallacious acts about me that set the tone here. Sounds like former Soviet Union style politics! I start to wonder if she too has abandoned the Hippocratic oath quality doctors once adhered to! See en.wikipedia.org/wiki/Hippocratic_Oath
As you have represented it Sgt. Bell is a good fiction writer or easy get publicist of fiction and should probably join Dr. Borchardt in her “Twilight Zone” type creations as he clearly is trying to emphasize the Doctor’s manufacture of / or characterize or implicate me as a possible stalker ‘FOLLOWING’. You see how these people like to generate, leak, or embellish juicy stories for their ax grinding so to inflame a reality that is and was clearly LAWFUL! These divisive efforts and conducts are clearly self serving efforts to get me to disappear from the City scene as an undesirable and dangerous presence! My supporters and credentials show me to be quite otherwise!
You see folks how these type people use your TAX DOLLARS to abuse lawful presence and persons that don’t belong to their “club”! No wonder we have need for more police officers that we can’t afford and police as well as the State’s Attorney and Judicial system that are on overload! It is clearly another political HIT to manipulate an end like the former Soviets using the government to serve unlawful special interests violating their Constitution! Wasn’t that the foundational undoing of the Soviet Union?
I believe the reality is that the Doctor was already on the phone to the police when I chose to get up and enter the building to find out her name and talk to her to diplomatize the situation. I did not see her or her enter the building when I got up! I did not see the door closing when I got up. The Doctor clearly was already well into the building if not in her office when I got up! Frankly I was dumfounded by the sudden tirade as most of the people who have communicated with me at this location have been friendly! I waited and thought about what had just happened.
Plenty of people who know me know that my tact would be to diplomatize and NOT threaten the well being of or scare people. This woman who knew of me as stated by the officers that later arrived on the scene had trashed me without any consideration of the standards of her own profession toward me much less as a person, businessman and citizen of the community.
Dr. Burchardt ironically had her mind made up and refused to properly and professionally analyze the circumstance. That type of conduct strikes me as unusual for a Doctor of neurological psychology! The only “threatening” I have done or would do is warn that I would notify the authorities of their conduct or file suit if they persisted. I did not avail myself of such warnings whatsoever with Dr. Borchardt!
My presence from entry to exit was at most in the vicinity of thirty seconds with about ten of those seconds or less on the second floor by her office door which was closed. I never tried the door much less banged on it or entered her office and left promptly so fast I mistook her name on the placard on the right of the door to be Berghardt. I was told to leave the instant that I hit the second floor and heard the doctor on the phone to the police saying I was there. I said in response to the doctor’s trespass threat as I left that “ma’am I do not think so” as I had not entered her office and had ascertained that the building was a multi-business facility making it in my estimation a quasi-public building making her demand to leave only related to her personal office of which I was not within.
Again, I left immediately. She made the demand to leave that I was trespassing again while I was on my way down the stairs and again I responded by saying “ I do not think so”!
I NEVER refused to leave which was another contrivance of Dr. Borchardt. There was no repeated request for Dr. Borchardt’s name. I got it instantly when I saw the placard outside her closed office door. I had addressed her as ma’am when I responded to her demand to leave. I never addressed her by her first name or other.
At least Sgt. Bell got one thing right and that was that I had no physical contact with Dr. Borchardt and that I did not argue or resist the officers that came immediately after the scenario on February 1, 2010 to discuss the complaint or on February 10 - 11, 2010 near the midnight hour when about five cars of officers showed up with a Sergeant and a Court issued warrant to arrest me.
On February 1, 2010 Officers Carlson and Kwasniewski talked with Dr. Borchardt and then talked with me and they knew I wasn’t a problem otherwise they would have arrested me then and there. The fact is that I was well nested in my protest site when they arrived and they knew that I had not refused to leave by the fact I was on my protest site when they arrived. The Naperville Police know that I leave when asked or demanded except when there is property of mine that cannot be moved for evidentiary reasons. There was no property involved in this event.
Officers Carlson and Kwasniewski informed me that this particular building had an appointment only policy and thus tenants could allege trespassing even if I was not in their offices they said. The fact is the building must be posted and I asked the officers to note that the building was not posted anywhere near the front of the building including the door entrance.
Bill you must really get your facts straight as the injunctive relief sought by the City does not ban “squatting” in the ordinance of issue but rather camping, sleeping or storing of personal property on the public way! Read the ordinance and assimilate the ordinance! My PROTEST is not squatting any more than the Target strike in 2004 in front of Target on State Route 59 on the public way was!
Also, keep in mind that Metropolitan v. Safir set the tone for an ordinance TO BE CONSTITUTIONAL. It can only to apply to RANDOM presence NOT ORGANIZED presence and that PROTESTS are ORGANIZED PRESENCE!
Issues of police subjective interpretation of the ordinance need to be tested and resolved and there is question as to the veracity of their enforcement strategy noting abusive authority and policy applications.
You can see that I am perturbed not to mention tired in the police mug shot taken February 11, 2010. Now you know why! I really think the mug shot was an unnecessary embellishment for your story. I am sure if my newspaper “The Porcuine Quills” wanted in effect an instant FOIA I would have to wait the full seven days!
The following is the content of the allegations made against me by Dr. Borchardt in the complaint:
Count 1 states that I “knowingly remained upon the property of Benton House, located at 4 N. Washington St., Dupage County, Illinois, after receiving notice from Kathy Borchardt, to depart.”
Count 2 states that I “knowingly followed Kathy Borchardt as she approached her office building, shouted at her and demanded her name, banged on the front door of her office building, then entered and climbed the stairs to reach her office, banged repeatedly on her glass office door while shouting, “Kathy, Kathy, open the door!” in such an unreasonable manner as to alarm and disturb Kathy Borchardt and provoke a breach of the peace.”
Note that the above allegations and arrest were made with no prior incidents having ever occurred with the Doctor or anyone at that location or from that location elsewhere!
I have in response filed a criminal complaint against Dr. Kathy Borchardt with the Dupage County State’s Attorney on February 11, 2010 alleging for starters Falsification of evidence on a police report, Engaging in Subornation of Perjury, Malicious prosecution, On information and belief 911 issues...No emergency thus violative use of the 911 phone system, Disorderly conduct & breach of the peace!
“Chew” on that for a while folks especially my antagonists that are so prolific with taking ALLEGATIONS about me as fact assuming it to be truth before the crucible is applied! Of course my antagonists as have also appeared in this comments column are not interested in the Truth but rather grinding their axes just like the “Hit” men and woman they are! They have already suggested doing criminal acts against me! The questions that are apparent to me is who put them up to it? Who is greasing their palms? Are they in collusion with the hostiles of the City that want me to disappear?
Looks like they are in cahoots to me! They really act like people who have been aced out and are scraping the bottom of the barrel with anything they can get just to make themselves look good so to not have to take the heat on their own south ends. I think Dr. Borchardt would call it TRANSFERENCE!!! I call it making me their patsy and being psychotic as well!
Bottom line is that I have again been arrested by the “Pharisees, Priests and Priestesses” for standing for the Truth just as St. Paul did when he was also arrested and jailed unlawfully. My appeal is now to “Caesar” as St. Paul did to see that my constitutional rights are fairly and justly enforced unto my exoneration!
God forbid that they “cut off my head” as St. Paul’s for more than one reason: “Caesar” does not want to be found in contempt of its own sworn oath to uphold the constitutional law, “Caesar” should want the light of Love to spread and control not hate mongers, and “Caesar does not want the curse of Matthew 18:1-17 to kick in as it has already in Naperville and world wide for starters with the economy not to mention personally as some have experienced here in Naperville in other areas of their lives! To do so will put further burden on themselves and the TAX PAYERS, burdens the majority may not deserve! Look at the Empires that tried to get a way with ignoring Love’s warning…Cardinally the Roman Empire that cut off St. Paul‘s head, Egypt of Pharoah that abused the Israelites and on and on! When will men learn when will they be wise?
I am posting my papers that include relevant court documents as well as the relevant part of my complaint to the State’s Attorney as soon as I can on my web site at Flickr.com!
www.flickr.com/photos/7506162@N08/2370191842
I reserve the right to correct any oversights, misperceptions, misapprehensions or mechanical errors that may become apparent after publication of this post.
I Remain,
Scott M. Huber
Naperville Sun Post @ 4:01 PM CST
Flickr.com Post @ 9:30 PM CST
2-16-2010
ENHANCED UPDATE of 1-13-2010 ...Hot off the “wire” a preliminary report follows…
This morning around 8:50 AM Dupage County Associate Circuit Court Judge George J. Sotos issued the City of Naperville a preliminary injunction against this Protester Scott M. Huber.
The Judge refused to take into effective consideration that the Naperville Ordinance had not been complied with according to its own protocol and I, Scott Huber, underscored that indicating what I indicated prior in prehearings that because the City had not followed its own protocol it was not entitled to obtain injunctive relief especially when the City had yet to prove its allegations of a violation in the first place.
The City has not yet proved that I was storing property in the improper context the ordinance forbids. The City has not proved that the allegation of the improper storage was occurring inside the garage in the designated bicycle parking area in the context of a "public way". The City has not proved that the improper storage has occurred the amount of time it alleges. The City merely asserted these claims with police testimony and photographic evidence showing that my property was there and they have been taken for fact. The City has to prove that the property's presence was in fact errant not that it was only there.
I stated that only one ticket had been issued and the ordinance at least requires two if not in fact three, (another vague area of interpretation), before it could seek injunctive relief. When I first read this part of the ordinance my initial impression was that you get three ticketings and then they go for an injunction.
It does not make sense to have three ticketings obtainable if the City is going to get injunctive relief right at the beginning because simply put no one wants to have to face a contempt hearing if another violation were to occur violating an injunction.
Therefore, there would be no reason to have a second or third ticketing if an injunction were first had. This is the bottom line and precludes any other considerations discussed. Simply put the Court is effectively ignoring Naperville City Ordinance protocol necessary to obtain injunctive relief and railroading it through!
The City has not issued tickets for each alleged infraction and has tried to obtain license to include each day of infraction as they interpret it as a chargeable offense without awarding tickets for each alleged violation. The ordinance does not indicate that protocol but offers option to summons or ticket for each day of alleged offense. They are continuing to assert a blanket charge based on one ticket and escalating the fine to the ma ximum noted in the ordinance without again following protocol.
The ordinance states (See Camping on sidewalk final.docx eagenda.naperville.il.us/sirepub/cache/3/v0erpl45fdoqtu55... ):
10-2-1-2: CAMPING OR SLEEPING, OR STORING PERSONAL PROPERTY ON PUBLIC WAYS IN THE DOWNTOWN.
“5. Any person who violates any provision of this Section shall be subject to a fine of $50.00 for a first or second offense within a 12-month period. Each day that a violation of this Section continues shall be considered a separate and distinct offense.
6. Any person who violates any provision of this Section, and who continues to violate any provision of this Section, may be subject to an injunction to enforce this Section.”
The intended meaning of that ordinance is found in the following document that is written by the ordinance's crafter and writer and is found in the September 15, 2009 City Council meeting video documents: CC-Agenda Item Request.doc
http://eagenda.naperville.il.us/sirepub/cache/3/v0erpl45fdoqtu55vpo3gfr5/5208701152010124000856.PDF and noted below:
“CITY COUNCIL AGENDA ITEM
SUBJECT: An Ordinance amending Title 10, Chapter 2 prohibiting Sleeping and
Camping in the Downtown and prohibiting the storage of personal
property in the Downtown
TYPE OF VOTE: Simple Majority
ACTION REQUESTED:
Conduct first reading and table ordinance for passage to October 6, 2009 City Council Meeting
BOARD/COMMISSION REVIEW:
n/a
COUNCIL ACTION PREVIOUSLY TAKEN:
Date of Action Item No. Action
August 18, 2009 N1 Directed staff to draft an ordinance.
DEPARTMENT: Legal Department
SUBMITTED BY: Margo Ely, City Attorney
FISCAL IMPACT: N/A.
DISCUSSION: The Ordinance attached hereto prohibits sleeping and camping in the Downtown. In addition, the ordinance prohibits storing personal property on public ways in the Downtown. Attached hereto is a letter from Spiro Papageorge, the owner of Tangerine, a brunch restaurant located at 47 E. Chicago Avenue. The letter is reflective of many concerns expressed in the community to the Council members. It is also indicative of the necessity of the ordinance.
The legal analysis for testing whether an ordinance passes constitutional muster depends upon two factors. The first factor is whether there is a legitimate government interest in prohibiting the conduct at issue. The second factor is whether the law is tailored to meet the government interest. The attached ordinance is drafted within legal constraints discussed in multiple cases across the country. The ordinance is drafted to apply to the downtown in order to be tailored to the government interests at stake, which are highlighted in the whereas clauses of the ordinance.
This ordinance provides for a punishment by fine and injunctive relief. This provision would result in the issuance of a ticket to a person who is in violation and a court date for the person to appear. Every day that a violation occurs, a ticket can be issued. The provision also grants the City an abatement remedy for the storage of personal property. (Enhancement in Bold mine…Scott M. Huber)
This provision requires a 7 day notice to remove the personal property before the
abatement can occur. If the personal property has not been removed from the public property, the City may remove it and it can be claimed within 30 days.
RECOMMENDATION: Conduct first reading of the ordinance.
Attachments:
Letter from Spiro Papageorge
Ordinance”
The ordinance states that a ticket may be issued. It suggests a ticket does not have to be issued even as for one who parks over the time limit and the officer lets it go etceteras. In other words it is up to the discretion of the officer attending to the issue before him. It says that a ticket MAY be issued each day the violation occurs. A ticket was not issued for each day the violation was/is alleged.
Again, what the city is trying to do is issue one notice / ticket and use it to blanket all alleged infractions. Each notice / ticket represents one infraction per day not nine, ten or more. Each notice references its date of issue to base the 7 day notice of abatement upon. The confiscation of my cart – tote on November 19 at 6 PM was by Officer Pastrick and he admittedly did it under this doctrine of one notice / ticket covering many. However, the circumstance of the first and only ticket on November 10, 2009 was complied with that very evening or shortly there after and the property was temporarily moved off the public way into the designated bicycle parking area where man powered devices are parked thus complying with the notice issued on November 10th well before its 7th day.
It seems to me any new presence in the original infraction ticketed area would be a new infraction especially on a new day so how could a new location, (the designated bicycle area inside a parking deck area), on a different day be under cover of a ticket issued nine days earlier? How, even more so, can a Code designated bicycle or man powered device parking area be considered a "public way"? It seems to me the designation has to be one or the other but not both because the uses are completely different or opposite.
The ordinance says each day would be considered a separate violation. The ordinance protocol entertains that a new ticket is to be issued if they are acting or specifically enforcing that day's infraction, (with due process notice ahead warning of removal from the specific location by the City in 7 days), so to secure that infraction on that date!
However, the notice was not given on November 19th 2009 and the ticket was not issued so I allege theft by the Naperville Police and the City of Naperville! I also assert unlawful search and seizure and criminal destruction to property when the City destroyed my so called "perishable" food supplies and pumpkin sign when they had advance notice two hours after confiscation that I would be in the next morning to pick up my property, hardly time for the perishables to have spoiled or become a problem.
Clearly the foods destroyed and the pumpkin were not of issue for perishability in that time frame. It is clear that the city did not exercise good discretion in the destruction of my food and pumpkin and there is strong evidence that their real intent was, without probable cause, to see what I had in my possession in my bags and inconvenience and cause financial burdens that would be needed to replace the food loss. Similar events have happened over the years even prior to this ordinance, willfully and wantonly by the Naperville Police Department with no notice or improper notice.
The City, to counter or justify their blanket notice, (the City implies by confiscation that the interior of a public building qualifies as a “public way“ according to the overly vague way the definition of a “public way” is being interpreted or defined in the ordinance), it says that the street address of the alleged violation is the same.
It is clear that the City interpretation or application of a public way is too broad in that it includes other designations which are destinations NOT “public ways”. This interpretation of destinations being "public ways" conflicts with other definitions in the City Code of areas in a public parking lot or deck already having specific designations and in this case the clearly marked off bicycle area.
Again, the definition of a “public way” in this ordinance is too broad and vague and causes confusion because it clearly deviates from its intended and foundational meaning that is also found in the definitions of the City Code in other locations such as…streets and sidewalks, easements used for travel by the public and utility use and etceteras.
My cart was unattended in a "park and shop" context in a parked and locked circumstance in the marked bicycle, (man powered device), parking area when it was confiscated without due process of notice and was said to be done under color of the first ticket on November 9, 2009. Remember this was now November 19, 2009 and the original order was complied with each night by normal interpretation of “public ways” meaning lanes for traffic, vehicular or pedestrian, and relocated in a designated non traffic area of a specifically marked off bicycle or man powered device area that is so designated in the City Code elsewhere. Isn't the city playing with words?
At best if a "public way" includes a building in a nonstandard definition, to be congruent with other ordinance designations such as parking spaces, bicycle parking areas and maintenance storage areas, the only possible interpretation in that context of a "public way" would specifically be the area of the lot or deck that vehicles use to drive on to get to their parking spot or the main artery walks that pedestrians use within the garage to get to their vehicles or bicycles NOT marked off areas on the side such as parking slots and bicycle areas!
The issue of the charge of “storage” is also clearly vague and discriminatory as every vehicle in the parking lot is said to be stored and parked so should not they also be removed under this ordinance? Is the City and the Judge failing to recognize that they are unlawfully discriminating based of perceived socioeconomic and socioeconomic standards and perhaps even profiling based on socioeconomic standards?
The city and the Judge are failing to acknowledge the difference between permanent or quasi-storage of which I do believe the City intends refer to in the ordinance rather than the transient storage aka “parking” of which the vehicles are doing along with the bicycles, my cart and at my protest site.
What the City and the Judge are doing is relegating my cart and protest presence to that which has been of issue on Lower Wacker Drive in Chicago. They are relegating my property to that of a homeless person stashing his goods because he has no other place to put them and per se living there with them creating undesirable conditions and aesthetics.
The homeless kind of storage has not happened with my protest presence because when I leave the area, like when I go to court for a day, I take my protest presence with me and put it in STORAGE at a supporter's location! There is a difference is there not!
By enforcing the ban on storing personal property on a public way the city in essence is saying that, (other than a vehicle), if you have a cart, buggy, stroller, (maybe a bicycle), or similar device you cannot park it on a sidewalk or street out of the way or in a parking garage in the bicycle area because it is considered “storing” personal property in a public way. It is kind of contradictory and unlawfully discriminatory isn’t it?! It is saying in essence that you have to take it inside the store with you otherwise you will be cited. I don’t think the downtown merchants will like that. It is saying that if you don’t have sheet metal enshrouding your vehicle or device it is not legally stored, (“parked”)!
The City is saying that if you don’t take your equipment inside the business you patronize you had better keep moving right out of the downtown area or suffer a ticket. Perhaps the City should provide a “parking” lot for those of us with a device as noted above that we will be “storing” just outside the downtown perimeter so that we will not be considered a nuisance if we brought them inside the businesses or get ticketed “parking” them out of the way on a sidewalk in the downtown outside the business being patronized.
So now you can see the games the City of Naperville is playing with
different interpretations of words in different ordinances as compared to standard interpretations found in the dictionary and legal dictionary and within the City’s own code.
Clearly the City definitions are nonstandard and confusing perhaps for the purposes of the generation of violations for revenue especially for those not from our area. I do believe the “public way” and “storage” interpretation as the city uses it is errant and vague when applied to my circumstances as a protester or shopper patron and clearly unlawfully discriminatory and unconstitutional.
Finally the City and the Judge appear to be ignoring Metropolitan Council Inc. v. Safir, 99 F. Supp. 2d 438 (S.D.N.Y. 2000) which in essence states that an ordinance that includes both random presence and organized presence on the public way is too broad and thus unconstitutional. I do believe a protest of which I am qualifies me as an organized presence. I do believe this case shows that the City of Naperville ordinance of issue is clearly being applied to me unconstitutionally.
I will update this presentation in the future to refine it. It does foundationally represent what I argued in Court over a period of around five hours in two days of hearings, testimony and the providing of exhibits of evidence.
It is clear that the City and the Court have jumped the gun by seeking and entertaining a complaint for injunctive relief as they have not proven their case for the allegations of infractions of the ordinance in the first place for reasons I have offered above.
The Court has relied on two cases saying the City will suffer irreparable harm if the injunction does not issue:
County of DuPage v. Gavrilos, 359 Ill. App. 3d 629 (2005) and People of the State of Illinois v. Fiorini, 143 Ill. 2d 318 (1991). I will be researching these.
My position is that the City has not nor will suffer irreparable harm because the allegations they lodge are contrived, malicious, fallacious and foundationally unconstitutional clearly intended to focus on one person for the purposes of denying him his constitutional rights to free speech among other inalienable rights including his right to be a businessman and expand in what is supposed to be a free enterprise community and be a citizen of Naperville lawfully exercising his value systems and Faith or Religious expression privately and in business in the context of Lawful Life, Lawful Liberty and Lawful Pursuit of Happiness without being criminally undermined by those who don't agree with him or more specifically, don't agree with God in him.
Any honorable persons who can offer accurate constructive discussion on these above noted issues, point and counter point, are invited to contact me here at flickr.com in its email message area.
The date for the next hearing for permanent injunction was set for April 8, 2010.
Any attorneys, civil rights attorneys and organizations and the like are invited to contact me for interviews and the like as it is clearly difficult for me in my financial circumstances to physically get to you at this time or cost effectively locate you via phone although I will be trying especially via email.
The City appears to be trying to snag me into a contempt of court citation by not making the interpretation of the vague ordinance violations specific especially in context of the meanings of definitions and what they specifically entertain within it’s ordinance. I will be pursuing this with them in good faith so to avoid such circumstances.
The entire context of the Naperville City ordinance of issue in this case less the map is also presented in the lower part of this web page!
Scott M. Huber
1:58 PM CST
1-13-10
ENHANCED UPDATE 12:54 PM CST
1-15-2010
CHRISTMAS PRESENTATION UPDATED LAST ON: 12-24-09 @ 10:04 PM CST & 12-25-09 @ 4:45 AM CST
A SPECIAL CHRISTMAS MESSAGE FROM NOT TOO LONG AGO...
RIGHT CLICK HERE! OPEN IN NEW TAB
HAPPY HOLIDAYS AND A PROSPEROUS NEW YEAR SUPPORTERS!
A special thanks to all of my supporters who have stuck with me this year in my Protest through and against all of the irrational goings on from those who are truly not Americans in Spirit and Truth! Your faithful gifts have truly been appreciated and have made my Protest durable to date!
Because of the newly filed litigation against me on fallacious charges of STORING my property that is clearly PARKED on the public way and / or in a public parking garage by the City of Naperville and Chief Dial I have my hands full! They are hitting me for $100 a day for alleged violations of the new city ordinance installed November 6, 2009. So far they have accrued somewhere in the vicinity of almost $3800 in fines in their allegations.
I will not lay down and your CONTINUED PRAYERS, FOOD and FINANCIAL support is even more necessary and appreciated than ever! Attorneys in good faith of my interests and victory are invited to contact me as I am in search of legal assistance!
It is my stance that the City is in violation of Federal Law and that they are unconstitutionally and fraudulently applying the new ordinance to me simply to suck me into the system and draw down my finances making my presence through the cold weather impossible if not very difficult and debilitating my health.
At the Protest site the City is trying to eliminate any equipment like my generator, microwave and battery charging support for my cameras, computers, hot meals and secondary ambient warmth that they provide in conjunction with my blankets. By doing so they reduce my presence on site and my productivity especially with my computer communications and research. Simply put they want me to freeze or disappear!
The City’s offerings of paperwork notifying me of boarding homes, hotels, PADS etc attached to violation notices and Summonses is clearly insulting and perfunctory and they know it! They know I have a legal address provided by a supporter and in addition I have two other supporters who have rooms available for me to stay if needed. The fact is that they are NOT needed as this is a 24/7 protest vigil! They just continue in their “psychotic” state ignoring the facts and railroading a lie through the courts as is common in Dupe Age County and was common in the former Soviet Union!
The City would be far wiser to negotiate a settlement with me after investigating, prosecuting and getting remuneration for damages from the criminals who illegally liquidated, disseminated or destroyed my third party property, My Estate - My Life’s work product and Livelihood at Rent-A-Space of Fox Valley near River Road, Ogden and North Aurora Avenue in 1999 and 2000 as well as the criminals in the police department who have committed property thefts, illegal search and seizure and potentially, destruction of property including Federally and State protected databases and obstructing Justice by stealing court papers in on going litigation I filed against the City at the time of theft, Rather than spend perhaps millions of dollars in excess in State and Federal litigation!
Wouldn’t it be so much easier for the City of Naperville to admit their guilt and settle up instead of candy coating it in lies about me and wasting needlessly additional TAX dollars?…And guess what, there would be no more need for my Protest presence at 75 East Chicago Avenue in Naperville!!!
Perhaps criminal complaints already filed by me against the City and the Chief of Police et al. will help gel my positioning for their settlement!
FOOD FOR THOUGHT AS WE ENTER THE NEW YEAR 2010 especially before January 7th the next court date in which the City will attempt to steal my money and get an injunction barring my legally PARKED and used, integrally necessary equipment in my protest presentation!
BY THE WAY FOLKS…I AM STILL HERE…IF YOU HAVE MISSED ME OUTSIDE AT 75 EAST CHICAGO AVENUE…LOOK INSIDE THE GROUND FLOOR PARKING DECK BY THE FRONT DOOR ENTRANCE WHERE I HAVE MIGRATED FOR A MENAGERIE OF REASONS AS YOU MIGHT IMAGINE!
Scott M. Huber
The Protester
4:28 PM CST
12-24-09
P.S.: Be sure to see the update to the 12-15-09 City Council Meeting notes below!
BE SURE TO NOTE the NEWSPAPER publications, Naperville Channel 17 and other YouTube videos located just below the City Council Meeting Videos below. Note how the media insists on labeling me a "HOMELESS PERSON" and relegates me to "LIVING ON THE STREETS" etceteras! They just don't like to tell the truth do they! I and the City Council have informed the media that I am not HOMELESS. I have a legal address with a supporter in Naperville. I don't use those facilities because I am out on the protest site for the most part 24/7 just like strikes and the Washington DC Protest! When will the media in their words and the City in its acts get the psychotic "HOMELESS" dream world context out of their heads as I exercise First Amendment Rights to protest 24/7?!
Note also my presence at Facebook.com below the above noted!
Here is the December 15th Naperville City Council Meeting click on "E" "Public Forum" listed below the video, click on play and then scan to the first of the speakers on the Scott Huber issues "Scott M. Huber" at video clock time 21:20 then click on the video to enlarge it. Tod Cage's comments will follow right after.
Note that the petition that Tod tendered the City Clerk on December 1st was removed from the document files on the public forum link selection shortly after it was put up.
I downloaded a copy of Tod's document petition tendered 12-1-09 just prior to the removal...See www.flickr.com/photos/7506162@N08/4191093461/sizes/o/
Tod told the City about it in this meeting and to date it has not returned,(12-24-09). This removal of this document is just another of the "silent and deadly" maneuvers that appear to be executed by someone at City that is trying to suppress positive information and efforts for my protest rights.
The first example of "silent and deadly" was the City NOT notifying me of the first hearing on August 18, 2009.
The second was the suppression of the City Council Meeting video of 9-15-09 for two weeks until just one week before the October 6, 2009 meeting in which the vote for the Ordinance to prohibit my presence was voted on and voted on in spite of my notifying the Council October 6, 2009 of the anomaly preventing the public from having proper opportunity to hear and view the 9-15-09 hearing. Instead of three weeks the public only got one week access to the video prior to the vote.
Also note a third example of "silent and deadly" that the Tangerine - Papageorge document found in the 9-15-09 N2 outline does not include my response letter that I requested City to include in the same outline for equal time....See naperville.granicus.com/MediaPlayer.php?view_id=2&cli...\
You may see both letters toward the lower end of this web page entitled "MY RESPONSE TO THE TANGERINE / PAPAGEORGE LETTER TO CITY".
So with Tod's petition missing that makes four "silent and deadly" events...three strikes plus one folks!
Click here for the 12-15-09 video...
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
Here is the December 1st Naperville City Council Meeting clik on "E" "Public Forum" listed below the video, click on play and then scan to 25:40 on the clock then click on the video to enlarge it.
Note the closing remarks of the Councilmen. Councilman Wehrli speaks of his great concern about being sued by groups like the ACLU regarding the Boy Scout property. Councilman Fieseler follows up with paralled consideration of the potentials of suits by parties related to one man who of course is a certain protester. It is ironic how blind Councilman Wehrli is to being sued with regards to unconstitutional acts by the City towards infringing on my protest rights and yet is concerned about the Boy Scouts issues!
At 28:42 you can tune into Tod Cage's comments on my behalf.
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
In the following City Council Video you will note a seeming change of heart from the Mayor but a reaffirmation and obstinance from Chief Dial with his falsification of the status of my jinrikisha presence and fact finding by Councilman Wehrli and Councilwoman Brodhead who appear to continue to miss the point of the real issues before the city rather than my living quarters of which I elect to forgo to focus on the foundational issues of my Protest and avoid distractions such as sleeping and living quarters…clearly red herrings that more than not are deliberately interjected to distract a successful endeavor.
The last three noted City members insist on focusing on my need of shelter and circumvent the purpose, sacrifice and NEED for my presence on the Protest site in the same basic spirit of any Striker or Protester with special emphasis on the Washington DC Protest Site of 28 years of which a link below introduces.
The City says they want to help but insist on what are superficialities of so called need and insult the spirit and the foundational purpose of the Protest. They clearly don't want to focus on the issues of the Protest core other than to say I say the City owes me money.
The foundational issue of the protest is equal protection on the law for ALL citizens not just the cronies of the "elite" in Naperville.
Of specific issue of the protest is the failure of the law enforcement community to investigate, prosecute and seek damages from the criminals who illegally liquidated third party property without notice.
The city continues to snub the true issues and circumvent their responsibilities for law enforcement dereliction of duty and lack of professionalism toward crimes committed by members of their own law enforcement community.
This is NOT over folks and don't let the city condition you to believe they have no responsibilities for the extreme and obstreperous tragedy that they could have prevented and I have suffered with special emphasis over the last ten years and realistically since Chief David Dial took over as Chief of Police!
Chief Dial and some of his officers have a lot of questions that need to be answered legally and Spiritually! Selah!
Scott M. Huber
8:06 PM CST
11-18-09
Here is the November 17th Naperville City Council Meeting clik on "E" "Public Forum" listed below the video, click on play and then scan to the first of the speakers on the Scott Huber issues "Billy Joe Mills" at video clock time 23:10 then click on the video to enlarge it ...follow through the speakers for Todd Cage and then to Scott Huber...
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
Here are some facts you need to know!...
Please note below in the City Videos how the City has bent over backwards to help the other speakers but when it comes to me especially of late I am gaffed off, cut short, questions unanswered and the old bureaucratic shuffle is extended me without indeed resolving the realistic issues!
Note how the City and Mayor of late has held me to the technicalities of time and content and ignored the true spirit of the presentations.
Note how the Mayor has become technocratic and cut me off in the “middle” of my speech and then criticized my estimates of how much longer I will take and actually counts the words that I speak and then condemns me for three words additional when I had approximated five. Note how he concentrated on the number of words I used instead of the content of what I was saying. This is what the City says is being concerned about me and my wellbeing. This is what is apparently called being your friend “through thick and thin” to paraphrase the Mayor’s comments toward me in his Naperville Sun article of recent.
You will note that the City Mayor is becoming increasingly technocratic about my time allotments, how much time they spend on my issues and also increasingly NOT sensitive to the issues presented and hypersensitive with the superficialities of forum rules rather than getting at the core issues that beckon my presence and protest.
For instance, not once has the City asked in the Council Meetings what my protest is about. It is more engrossed in getting me and my protest site to disappear rather than getting at the core issues of why the police did not properly if at all investigate the thefts and illegal liquidations of third party property at Rent-A-Space of Fox Valley when I requested it of them ten years ago! They appear to have just blown it off and ignored my purpose of protest! They allow criminal elements in the community et al. to hang me up on a meat hook, gut me and say tough luck “Jack” leave town we don’t want “homeless” people here when they are in collusion with the crime, created my present circumstances and aid and abet them to continue.
When will their mind set end? When will they deal with the reality of issues before them. When will they end the double standard evading equal protection of the law for ALL citizens of Naperville rather than just their cronies.
The City and Mayor’s conduct provoke me more and more to suspect that they will not deal with the realistic issues before them presented by me but rather are stringing me along waiting for the adverse effects of the new ordinance to take their toll hoping that it will be enough to make me give up and go away!
With the latest evolution of the ordinance taking shape, the notice of violation of the ordinance served by Officer Pastrick with Chief Dial as his Chauffeur and overseer of the service of the notice last Monday, November 9, 2009 and the Court Summons Served the next day by Officer Pastrick under the guise of personal property stored in a public way you can see that the City is not playing on a level field.
It is clear that the personal property is transient and is parked FOR USE AT MY PROTEST SITE and INTEGRAL TO MY PROTEST SITE NOT STORED THERE. If the intent was storage for instance, the generator included in my jinrikisha would be mothballed: gasoline purged and oil changed and electrical mechanism disabled for storage. IT IS NOT IN THAT STATE! It is in fact used daily in the protest site! I have STORAGE accommodations elsewhere if I need them!
It is clear that the City police refuse to acknowledge the reality that the property is on wheels and PARKED in or in front of the parking garage NOT STORED as in their opinion. If it is stored there then all the other vehicles are STORED there too and it is proper to STORE them there in the context of a parking garage or bicycle or buggy or stroller on the public way. My JINRIKISHA is a two wheeled man powered cart that is moved twice daily so to eliminate accusations of camping of which the protest is not, even if it remained in place 24/7.
It is clear that the City and police are putting twists on the meaning of the ordinance that are not proper, truthful or originally intended. It is clear that they are just trying to break up my presence and protest and not really enforce the ordinance in proper context of homeless people which would not realistically apply to me.
The real intent in confiscating my property Monday, November 16, 2009 will be to take my generator, cost effective battery chargers and charging for my cameras and computers as well as their convenient use for updating this web site and emailing supporters and the city et al. and my Goodwill Industries microwave and cost effective sterile hot food and drink for especially on cold days away from me preventing my using them!
The ordinance in Naperville is obviously crafted to focus on one person and that person being me rather than for the homeless that similar ordinances in Orlando, Florida and Seattle, Washington were crafted. I know of NO scenario in Naperville that has had homeless people setting up “camp” or living on the street in the downtown!
My JINRIKISHA AND TOTE are no more storage than a buggy, stroller, bicycle sitting outside a restaurant or store, or HOT DOG STAND TRAILER sitting on the sidewalk. The HOT DOG STAND is a two wheeled TRAILER that sits just maybe twenty to thirty feet away from me late at night selling hot dogs et al. parked on the public way clearly obstructing the sidewalk similarly as Tangerine’s Cafe patio and both are permitted by City permit!
My protest site stands on a at best four foot width segment of relatively unused sidewalk siding that is partially obstructed by the Downtown Locations Map stand next to me!
So now I have a court date for December 17, 2009 alleging I STORE personal property on the public way! What a crock of nefarious interpretation and enforcement! Naperville is clearly playing the endurance game while working their web of immoral and unethical conducts trying wear me out and undermine my First Amendment protest rights making them null and void ultimately achieving avoidance of their responsibility for putting me out on the protest site in the first place by failing to investigate, prosecute and get remuneration for my losses! My scenario is not much different than a Bank getting robbed and the Feds saying tough luck Jack!
Please note, my November 3rd presentation below in General Forum is disjointed due to the fact that the picture I intended to use suddenly became unavailable due to the memory chip unknowingly popping out of my computer slightly and I had to shift gears editing content on the fly absent the picture to at least present something.
Scott M. Huber
7:45 PM CST
11-14-09
Here is the November 3rd Naperville City Council Meeting clik on "E" "Public Forum" listed below the video, click on play and then scan to the fourth speaker "Scott Huber" at video clock time 20:01 then click on the video to enlarge it ...
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
Here is the October 20th Naperville City Council Meeting clik on "E" "Public Forum" listed below the video, click on play and then scan to the third speaker "Scott Huber" at video clock time 40:19 then click on the video to enlarge it ...
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
Here is the October 6th Naperville City Council Meeting clik on the J1 issues listed below the video, click on play and then click on the video to enlarge it ....
naperville.granicus.com/MediaPlayer.php?view_id=2&cli...
For your convenience here is the September 15, 2009 City Council Meeting video link... Move the Windows Media Player Slider to 2:55 for the "N2" issues and click on Play! As with all these videos, if you don't get a full screen click on the enlargement button in the lower right corner of the Windows Media Player!
naperville.granicus.com/ASX.php?view_id=2&clip_id=94&...
Here is the VIDEO of the Tuesday 8-18-09 meeting with me addressing the Naperville City Council is here...Make sure to move the video button to approximately the last three quarters inch of the slide at approximately 3.52 in your Windows Media Player when it pops up and watch the N1 issues!...
naperville.granicus.com/ASX.php?view_id=2&clip_id=72&...
NEWSPAPERS:
CHICAGO TRIBUNE:
http://www.chicagotribune.com/search/dispatcher.front?Query=Scott+Huber&target=article&sortby=display_time+descending
DAILY HERALD:
http://search.dailyherald.com/results/news/?Query=Scott+huber
NAPERVILLE SUN:
http://www.suburbanchicagonews.com/napervillesun/news/pradel/napervillesun_article.search?sub_publication=napervillesun&page_size=20&query=Scott+Huber&pub=scn
VIDEOS:
YouTube.Com & Naperville Channel 17:
http://www.youtube.com/results?search_query="scott+huber"&search_type=&aq=f
SOCIAL SITES:
FACEBOOK.COM...
http://www.facebook.com/search/?ref=search&q=scott huber&init=quick
HERE ARE SOME FACTS YOU NEED TO SEE ! ! !...
The 28 year protest across the street from the White House on a public way and note the accoutrements!...
www.youtube.com/watch?v=3F4fTCC478c&NR=1
They have been in Federal Court a few times to preserve the right and obviously won!
The Boeing strike on a public way and note the accoutrements!...
www.heraldnet.com/article/20081010/NEWS01/710109818
My Protest Site on a public way...
liveshots.blogs.foxnews.com/2009/09/16/sidewalk-protest-o...;
Please keep in mind that the ordinance that the City of Naperville has crafted to vote on October 6, 2009 is designed based on national models dealing with the context of HOMELESS and other people setting up “Shop” in downtown areas not Protesters / Strikers! It may pass muster Constitutionally in the context of HOMELESS but it does not Pass Muster dealing with First Amendment Protesters / Strikers that applies to the City via the 14th Amendment.
The Washington DC protest is a good example! It is clear that if the City does pass this ordinance on October 6, 2009 it will only legally apply to NON Protesters / Strikers! If I am legalistically ticketed it will become a Federal issue and will be reviewed by Federal authorities.
It is clear that this Home Rule community cannot overstep the Federal Constitution and Federal laws without serious repercussions.
It is clear that I have Federal rights to protest just as I have in Downtown Naperville. Since when is Naperville above the law that is enforced in Washington DC in front of exclusive affluent residences and real estate such as the White House and yet Naperville does not have to comply!
There is no excuse for those affluent and holier than thou in Naperville to violate Federal law and ban my presence as I have presented myself this last year! The City’s violations will be challenged if they so enforce the ordinance violating my Constitutional Right to Protest even as the Protest in front of the White House in Washington DC! Just one ticket and it is off to the Federal building for review! Selah!
Hopefully seasoned objective, fair and equitable dialogue will prevail and that our differences October 6, 2009 can be remedied with out a show down in the Federal Court system as US v. The City of Naperville and / or Huber v. The City of Naperville!
I Remain,
Scott M. Huber
6:05 PM CDT
10-3-09
See My latest Naperville Potluck Advance Sheet Post "GUYS"... @ 9:30 AM CDT 10-2-09 in the lower third of this page!...As of Sunday AM 10-4-09 after two days of Naperville Sun Potluck posting delay this post has been skipped and denied posting by the Moderator Chris Magee for reasons that are unknown. He tells others denied his reasons in the forum but I just get silence when he preempts! Just more favoritism, politics and steering the media again as usual! Be all the more sure to see it below!
THE NEXT CITY COUNCIL MEETING IS ON THIS COMING TUESDAY, OCTOBER 6, 2009 - 7:00 PM ... BE SURE MARK YOUR CALENDAR TO ATTEND AND REGISTER AT 6:30 TO 7:00 PM IN THE CITY CLERK'S OFFICE ON THE MAIN FLOOR SO YOU CAN SPEAK AND SUPPORT MY CAUSE AND CAST YOUR VERBAL VOTE AGAINST A VERY UN-AMERICAN AND UNLAWFULLY DISCRIMINATORY ORDINANCE THAT IS BEING CRAFTED FOR ONE PERSON SO THAT THEY DON'T HAVE TO DEAL WITH THE ISSUES OF THEIR DERELICTION OF POLICE SERVICE DUTY AND EQUAL PROTECTION OF THE LAW THAT PUT ME OUT ON THE PROTEST SITE IN THE FIRST PLACE!
FINALLY! THE SEPTEMBER 15, 2009 COUNCIL MEETING VIDEO IS NOW AVAILABLE...
I do believe that if a vote on the new ordinance is to happen on 10-6-09 it should be delayed until after the video is adequately published so all the public can conveniently view the September 15, 2009 meetings and have proper time to scrutinize them! The video will NOT have been available to the general public for almost TWO weeks come this Tuesday 9-29-09! Its delay has also seriously hampered my posting of comments on the meeting for you to consider even though now the City has provided me with a DVD copy this last week of which now I have to set up special equipment so to view!
For your convenience the September 15, 2009 City Council Meeting video link...Check it out yourself!...IT IS NOW AVAILABLE 9-29-09 AND ENHANCED IN WINDOWS MEDIA PLAYER'S LARGER FORMAT AS A COURTESY HERE AT MY SITE! Move the Windows Media Player Slider to 2:55 for the "N2" issues and click on Play! As with all these videos, if you don't get a full screen click on the enlargement button in the lower right corner of the Windows Media Player!
naperville.granicus.com/ASX.php?view_id=2&clip_id=94&...
THE CITY OF NAPERVILLE INSISTS THAT THE VIDEO OF THE COUNCIL MEETING IS AVAILABLE TO THE PUBLIC:
“With respect to the video of the Council meeting, it has been on the City’s website since a couple hours after the meeting." Margo Ely City Legal Director.
However numerous people outside the City's internal server ARE NOT ABLE TO RECEIVE IT INCLUDING NAPERVILLE PUBLIC LIBRARY! The video link comes up with a viewer but no video. If you highlight the screen you find this message:
"The system was unable to find an appropriate server for the content you requested, the content may be behind a firewall or may be in the process of transferring to a distribution server. Please try again later. Thank you for your patience."
Obviously the video is still behind their firewall and NOT available to other than those on their home facilities server allowing City employees to see it but not the public.
FOR YOUR CONVENIENCE CABLE IS PLAYING THE SEPTEMBER 15, 2009 COUNCIL MEETINGS THIS COMING MONDAY AND TUESDAY AT 1:00 PM SEPTEMBER 28 AND 29 RESPECTIVELY. IT WILL BE AIRED ON WCNC CHANNEL 6 ON WOW, CHANNEL 10 ON COMCAST AND CHANNEL 99 ON AT&T.
HAVE YOUR VIDEO RECORDERS AND DVDS RUNNING AND PRESERVE THE PORTIONS OF THE MEETING NECESSARY FOR YOUR CLOSE SCRUTINY. ISSUES REGARDING ME ARE TITLED "N2"!
I do believe that if a vote on the new ordinance is to happen on 10-6-09 it should be delayed until after the video is adequately published so all the public can conveniently view the September 15, 2009 meetings and have proper time to scrutinize them! The video will NOT have been available to the general public for almost TWO weeks come this Tuesday 9-29-09! Its delay has also seriously hampered my posting of comments on the meeting for you to consider even though now the City has provided me with a DVD copy this last week of which now I have to set up special equipment so to view!
Scott M. Huber
7:58 AM CDT
9-27-09
For your convenience the September 15, 2009 City Council Meeting video link...Check it out yourself!...IT IS NOW AVAILABLE 9-29-09.naperville.granicus.com/ASX.php?view_id=2&clip_id=94&...
HERE IS A VIDEO TAPE OF THE PROTEST ACROSS THE STREET FROM THE WHITE HOUSE THAT EXISTS SINCE 1981!...
www.youtube.com/watch?v=3F4fTCC478c&NR=1
THE CITY IS GOING TOO FAR WITH ANY ORDINANCE BECAUSE THEY ARE SUPERSEDED BY THE FIRST AMENDMENT FREEDOM TO PROTEST AS NOTED ABOVE NEAR THE WHITE HOUSE...NAPERVILLE SHOULD BE THANKFUL…MY PROTEST IS “PEANUTS” COMPARED TO THIS PEACE PROTEST!
MY RESPONSE TO THE TANGERINE / PAPAGEORGE LETTER TO CITY see at near Bottom of this page under same title!
FOX NEWS will be interviewing me this afternoon 9-15-09 for national broadcast! Here is the link to Fox's National Web Site Report...
liveshots.blogs.foxnews.com/2009/09/16/sidewalk-protest-o...
HOT ITEM FRESH OFF THE PRESS...12:30 PM CDT 9-9-09 See Naperville Sun Potluck entries at the bottom of this page for the Advance Sheets on the new ordinance Naperville may vote on September 15, 2009!!!
NOTE New posts at Topix blog. Some Naperville Sun Potluck regulars have come up with their usual choice comments to stir the pot. Check out my responses. Check it out...pages 25 through 28 at this time... www.topix.net/forum/chicago/TOHDD6EPPH8UMJA94/p25
4:57 PM CDT 9-4-09
NOTE The Naperville Sun Potluck Blog is delaying my posts and not posting many so to speed things up and post all I am posting my comments and responses at a section near the bottom of this page!
ATTENTION! ATTENTION! ATTENTION! IMPORTANT MESSAGE FOLLOWS...
THE NEXT CITY COUNCIL MEETING IS ON: SEPTEMBER 15, 2009 - 7:00 PM BE SURE MARK YOUR CALENDAR TO ATTEND AND REGISTER AT 6:30 TO 7:00 PM IN THE CITY CLERK'S OFFICE ON THE MAIN FLOOR SO YOU CAN SPEAK AND SUPPORT MY CAUSE AND CAST YOUR VERBAL VOTE AGAINST A VERY UN-AMERICAN AND UNLAWFULLY DISCRIMINATORY ORDINANCE THAT IS BEING CRAFTED FOR ONE PERSON SO THAT THEY DON'T HAVE TO DEAL WITH THE ISSUES OF THEIR DERELICTION OF POLICE SERVICE DUTY AND EQUAL PROTECTION OF THE LAW THAT PUT ME OUT ON THE PROTEST SITE IN THE FIRST PLACE!
The proper agenda location for you to register is probably in the General Forum or Public Forum or the designated forum for this Ordinance issue! The City Clerk can help you locate the right agenda location! You don't have to be a resident....just a participant in Naperville activities or a concerned visitor! DON'T LET THE MINORITY WIN THIS ONE! DON'T LET ALMOST EIGHT SACRIFICIAL YEARS OF MY PROTEST BE RUBBED OUT IGNORING THE ISSUES OF PROTEST AND STRIKE!!!
PLEASE CALL AND EMAIL YOUR FRIENDS AND CALL AND EMAIL THE CITY COUNCIL MEMBERS, CITY MANAGER AND CHIEF DIAL AND FILL THEIR EARS! Their phone number and email information appears a few paragraphs below this notice! I have made it easy for you there!
Put pressure on them with phone calls, letters, emails and your intelligent vote between now and September 15, 2009!
Tell them you don't like the way the Criminal Justice System, the Courthouse, the Judiciary, the States Attorney, the Police et al, is / are working! Tell them Mr. Huber's experience is totally unacceptable! Tell them you want him restored as a businessman and citizen in normalcy! Tell them you want proper reparations for the wrong doing and damage they have aided and abetted as well as participated in!
Tell them that you are the majority and that you don't approve of a selfish, narrow minded, psychotic minority enacting ordinances to deny effective Protests and their sites just like Unions have! Tell them that they have to represent ALL the people. Tell them that Mr. Huber has not "gone too far" and that he is exercising only reasonable rights to get the attention of the community and its leadership to do the right thing using the right stuff! Tell them that you oppose their sneaky attempts to make ineffective Mr. Huberâs protest and rob him of a location for supporters to easily make their donations / contributions to his cause and cost effectively and durably maintain his protest until the City and opposition deal with the issues and make proper compensation! Tell them that all they are doing is robbing Mr. Huber and setting a precedent to prevent his and any others who protest in Naperville from having the leveraged presence that makes a strike / protest effective. Tell them that you don't agree with the pabulum that makes Mr. Huber's protest site out to be a permanent presence and eye sore of which such view is only aiding and abetting a narrow minded minority that only looks out for themselves and not the American Spirit in the community! Tell them the you donât support businesses and citizenry that only seek self enrichment seeing to it that their beds are feathered fat and plump rather that seeing that each citizen and businessman has his bed feathered fair and square! Tell them that he will end the strike and the protest when they FESS UP to their responsibilities to ALL the people not just their "elite" cronies! Tell them that Mr. Huber will end his strike and protest when they "COUGH UP" with the proper remunerations that reinstall Mr. Huber's business and life style to that which are common to Naperville's standard and viable for Mr. Huber realistic expansion and success! Lay on them the way you see it!
Don't be fooled, Councilman Furstenau and the City Council are serving a narrow biased self serving presence in the community trying to prevent effective protests and viable leverage that protests and strikes exist to exact! They don't want to deal with the issues and want to make my visibility unproductive reducing me to a mere picketer at limited hours and locations they decide as opposed to what strikers and protesters have the constitutional right to decide so to be effective. They want to make my cost effective presentation costly and undermine the protest's viability putting me though additional "hoops" that are totally designed to wear me out and make my efforts unproductive and impossible so I quit and disappear!
Keep in mind that the "EYE SORE", "PERMANENT PRESENCE", "LIVING THERE" AND "HOMELESS" rhetoric are just convenient HOT BUTTON RED HERRING unsubstantiated terms thrown in TO AVOID THE REAL ISSUES OF STRIKE AND PROTEST and INFLAME THE PUBLIC AND DISTRACT THEM! THEY WANT MY SUCCESS TO FAIL SO THE PRESSURE OF THE REAL ISSUES IS AVOIDED!
NO STRIKE IS VIEWED BY THE STRUCK AS PLEASANT OR AESTHETICALLY PLEASING...THAT IS A MAIN REASON WHY THE STRIKE IS SO EFFECTIVE!!!
Scott M. Huber
Owner, CEO and President
Thank You For Letting Us Be Of Service To You!....
A&A ELECTRONICS AND TELEVISION!!!
A Quality 34 Year Old Business In The United States Midwest Region!
5:01 PM
8-26-09
NOTE TWO NEW LINKS IN THE ARTICLE ABOUT NAPERVILLE JUST BELOW THE FOLLOWING NOTICE...A VIDEO OF THE COUNCIL MEETING AND MY SPEECH AND ANOTHER AS WELL AS A REFERENCE POINT AS TO WHAT IS ALLOWED AT PROTEST / STRIKE SITES!!! Note the amenities that exceed anything I have that IS on their strike lines!
I do believe that Councilman Furstenau does NOT know what he is talking about when he says I have gone too far!!! It is clear to me that the BIG BLACK POT is calling the little white kettle BLACK and HE HAS GONE WAY TOO FAR!
HOT OFF THE WIRE ON 8-18-09!!!....WGN TELEVISION CH 9 INTERVIEWED ME MINUTES AGO..IT WILL B E AIRED AT 11:30 AM OR 12 NOON, (possibly tonight also?), TODAY 8-18-09!!!
RED ALERT...RED ALERT...RED ALERT...RED ALERT...!!!
A meeting was at the Naperville Municipal Building in the City Council Chambers Tuesday, 8-18-09 @ 7:00 PM to consider passing a local law to ban me from my presence on the street. They have been focusing on defining me as a "homeless" person to make it work. My position is that I am a Protester who chooses to cut his costs eliminating the real estate. I do these things in the context of a STRIKE & PROTEST 24 /7 to get my message out! I believe there is a difference and I need people to speak out on this as in effect they are going to try to ban my protest!
THE NEXT CITY COUNCIL MEETING IS ON: SEPTEMBER 15, 2009 - 7:00 PM BE SURE TO ATTEND AND REGISTER AT 6:30 TO 7:00 PM IN THE CITY CLERK'S OFFICE ON THE SECOND FLOOR SO YOU CAN SPEAK AND SUPPORT MY CAUSE AND CAST YOUR VOTE AGAINST A VERY UNAMERICAN AND UNLAWFULLY DISCRIMINATORY ORDINANCE THAT IS BEING CRAFTED FOR ONE PERSON SO THAT THEY DON'T HAVE TO DEAL WITH THE ISSUES OF THEIR DERILCTION OF POLICE SERVICE AND EQUAL PROTECTION OF THE LAW THAT PUT ME OUT ON THE PROTEST SITE IN THE FIRST PLACE!
The proper agenda location for you to register is probably in the General Forum or Public Forum or the designated forum for this Ordinance issue! The City Clerk can help you locate the right agenda location! You don't have to be a resident....just a participant in Naperville activities or a concerned visitor! Don't let the minority win this one!
PLEASE CALL YOUR FRIENDS AND CALL AND EMAIL THE CITY COUNCIL MEMBERS, CITY MANAGER AND CHIEF DIAL AND FILL THEIR EARS!
Put pressure on them with phone calls, letters, emails and your intelligent vote!
Tell them you don't like the way the Criminal Justice System, the Courthouse, the Judiciary, the States Attorney, the Police et al, is / are working! Tell them Mr. Huber's experience is totally unacceptable! Tell them you want him restored as a businessman and citizen in normalcy! Tell them you want proper reparations for the wrong doing and damage they have aided and abetted as well as participated in!
Tell them that you are the majority and that you don't approve of a selfish, narrow minded, psychotic minority enacting ordinances to deny effective Protests and their sites just like Unions have! Tell them that they have to represent ALL the people. Tell them that Mr. Huber has not "gone too far" and that he is exercising only reasonable rights to get the attention of the community and its leadership to do the right thing using the right stuff! Tell them that you oppose their sneaky attempts to make ineffective Mr. Hubers protest and rob him of a location for supporters to easily make their donations / contributions to his cause and cost effectively and durably maintain his protest until the City and opposition deal with the issues and make proper compensation! Tell them that all they are doing is robbing Mr. Huber and setting a president to prevent his and any others who protest in Naperville from having the leveraged presence that makes a strike / protest effective. Tell them that you don't agree with the pabulum that makes Mr. Huber's protest site out to be a permanent presence aiding and abetting a narrow minded minority that only looks out for themselves and not the American Spirit in the community! Tell them that he will end the strike and the protest when they FESS UP to their responsiblities to ALL the people not just their "elite" cronies! Tell them that Mr. Huber will end his strike and protest when they "COUGH UP" with the proper remunerations that reinstall Mr. Huber's business and life style to that which are common to Naperville's standard and viable for Mr. Huber realistic expansion and success! Lay on them the way you see it!
Don't be fooled, Councilman Furstenau and the City Council is trying to prevent effective protests and viable leverage that protests and strikes exist to exact! They don't want to deal with the issues and want to make my visibility unproductive reducing me to a mere picketer at limited hours and locations they decide as opposed to what strikers and protesters have the constitutional right to decide so to be effective. They want to make my cost effective presentation costly and undermine the protest's viabiity!
See this for their phone numbers and email...
www.naperville.il.us/council.aspx