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Hello, All: <br>
<br>
<br>
Below please find an email from David Ledesma, who had a
brother killed in Vietnam. David has been vigiling every Saturday
and Sunday, 11:30 AM - 1 PM at Stevens Creek and Winchester Blvd, on
a corner that is inside the City of Santa Clara. Earlier today, he
was harassed by an officer of the Santa Clara Police, claiming he
was violating some city ordinance, though she wasn't sure which
one. After the incident, attorney Dan Mayfield told Ledesma he
would send letters to appropriate officials on Monday. <br>
<br>
<br>
If you can, please join David and Me tomorrow, Sunday, 11:30
AM - 1 PM, Stevens Creek and Winchester Blvd. Bring your favorite
anti-war sign or just a camera ;-) <br>
<br>
<br>
Best Wishes, <br>
Spencer <br>
M: 408-655-4567 <br>
<br>
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<td>Santa Clara Police: Sep 30, 2006 Déja vu</td>
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<th align="RIGHT" nowrap="nowrap" valign="BASELINE">Date: </th>
<td>Sat, 22 Mar 2014 17:31:52 -0700</td>
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<th align="RIGHT" nowrap="nowrap" valign="BASELINE">From: </th>
<td>david <a class="moz-txt-link-rfc2396E" href="mailto:svtriathlete@hotmail.com"><svtriathlete@hotmail.com></a></td>
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<th align="RIGHT" nowrap="nowrap" valign="BASELINE">To: </th>
<td>david ledesma <a class="moz-txt-link-rfc2396E" href="mailto:svtriathlete@hotmail.com"><svtriathlete@hotmail.com></a></td>
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<div dir="ltr">Greetings everyone-<br>
Today, March 21, marks 11 years that I have been protesting
against war and militarism (and other concerns I have) at
the corner of Stevens Creek Blvd. & Winchester Blvd.
(Santa Clara corner boundary). Today, I was approached by
Santa Clara Police Officer, Jamie Ellis (Badge #189), and
told someone called SCPD and made a complaint about the
message on my signs. Ellis was given the complaint. She
told me that it appeared there was a city ordinance not
allowing sidewalk signs (like mine) but she wasn't sure it
applied to me. She asked me if I had been out there before
with my signs. I replied, "yes, for the past 11 years,
every weekend". She then pointed to my sidewalk signs and
asked if they have been the same signs. I said yes. She
followed that up asking if I had ever been approached by
SCDP about it, I said "yes, but it's already been
resolved". She asked "how long ago", I replied "about 5
years ago".<br>
<br>
She inquired what happened, so I began explaining that a
SCPD SWAT guy (who was on over time) driving a SCPD patrol
car, wearing a black jump suit, with no badge and no
identifying name plate, who didn't like my signs, told me I
had to take down my sidewalk signs because there was a city
ordinance not allowing them. When I asked which ordinance,
he said if he had to look it up on his computer he would
write me a citation.<br>
<br>
I went on to explain that I took my signs down and went
straight to the SCPD to find out what ordinance. <i>When
the officer on duty showed me which ordinance, I read it
and said it didn't seem to apply to me and my signs. It
applied to signs illegally fixed to the sidewalk or other
city property. I asked how I could file a complaint
against the SWAT guy for denying my right to Free Speech.
He said I could start by coming to the City Offices on
Monday and visit the Code Enforcement office, and that I
could also ask to speak with the SCPD Watch Commander.
So, I asked to speak with the Watch Commander.</i><br>
<br>
By this time I could tell Ellis was getting a little
impatient at my in depth explanation. So, I fast forwarded
to explaining my attorney, Dan Mayfield, wrote a letter to
the SCPD Chief and City Attorney that the ordinance did not
apply to my situation and that my First Amendment right to
Free Speech was violated by the SCPD officer. That I would
return the following weekend with my signs and he would be
present to observe.<br>
<br>
I ended by explaining that I returned the following weekend
with 30 people, the San José Mercury News and the Santa
Clara Weekly, both who had an article and photos in their
papers.<br>
<br>
Ellis then asked for my name. I gave her my name. She then
asked me for my address. I asked why she needed my
address. Then she asked for my I.D. to verify my address as
part of her "investigation". She wanted to make sure I was
who I said I was, in case I gave her a fake name. I told
her I didn't want to give her my I.D., and reminded her that
she said she wasn't even sure I was violating the ordinance
in the first place.<br>
<br>
She again asked me for my name. I told her, "I already gave
you my name". She said, "I mean your address". I said why
don't you find out if I violated the ordinance, then come
back tomorrow, I'll be here anyway". She said "I'm not
interested in tomorrow, I'm asking you now". So, I asked to
speak with the Watch Commander. She said "yes, now what's
your name"? I said, I already gave you my name". She said,
"I mean your address". She then said she's giving me a
warning about my signs. I said, "a warning. You said you
don't even know if I violated anything, and you're giving me
a 'warning'?".<br>
<br>
I pointed to the "Yard Sale" sign on the corner next to my
sign, that was attached by wire to the traffic light pole.
She said "that's got nothing to do with this". I said,
"nothing to do with this? That's the whole reason why
you're here!".<br>
<br>
By this time another police car showed up. The officer
asked, "does he have a permit for this?". I replied, "I
don't need a permit". She again tried to get my I.D., and I
refused. The other officer asked her to step away and
talk. She said she would be back. They consulted for a
couple minutes, I went back to my protest, then they both
drove off.<br>
<br>
Maybe she'll be back tomorrow, maybe not. But, I will be
there, 11:30am-1pm. Maybe I'll see you there too!<br>
-D.<br>
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