Benjamin Franklin once stated that "Any society that would give up a
little liberty to gain a little security will deserve neither and lose
both. " And so it seems in the latest ongoing debate in Missoula,
Montana about "limiting aggressive panhandling" downtown. See
http://missoulian.com/articles/2009/07/29/news/local/news04.txt
One might well ask, well aren't their already laws on the books that
deal with aggressive behaviors? And the of course, why aren't they
being enforced? Why is it that the police have a need to add another
$100 ticket to their arsenal in order to do something constructive
about aggressive and intimidating behaviors of panhandlers? Why
doesn't Missoula's City Council just bite the bullet and ban
"panhandlers" altogether from our beautiful downtown? Out of sight,
out of mind? The real problems of and with the "homeless" both here
and all across America are economic, social and addiction related.
Maybe, instead of exacerbating the situation further, the City Council
and the police should instead spend a week on the streets, and get a
whole new perspective on the "problem." You know, walk a mile in their
shoes. They are humans after all.

Just like you and me.
And in Montana, they, like everyone else, have what Montana's
Constitution calls inalienable rights - Article ll - Section 3. "They
include the right to a clean and healthful environment and the rights
of pursuing life's basic necessities, enjoying and defending their
lives and liberties, acquiring, possessing and protecting property,
and seeking their safety, health and happiness in all lawful ways."

Before City Councilors, the Mayor or the Police assume office,
(including their "Rules of Professional Conduct") they must swear the
following oath of office: “I do solemnly swear (or affirm) that I will
support, protect and defend the constitution of the United States, and
the constitution of the state of Montana, and that I will discharge
the duties of my office with fidelity (so help me God).”

And finally, you and I and every other taxpayer is being asked to
"pay" for our City Council and additional police to deal with yet
"another" problem. And what of all the other "problems" we Missoulians
are already "paying" for? Why do we still have murders, rapes,
assaults, burglaries, theft, auto-theft, arson, fights etc in
Missoula, MT at all? Why?

So maybe, the real issue is this: Missoulians giving up more of our
essential liberties on the pretext that our police don't have enough
laws at their disposal to deal with aggressive and/or intimidating
behaviors, downtown (only during the summer, of course).

Well, in Missoula, we simply call this situation mere political bull
pucky playing ....

So, once again, Benjamin Franklin stated that "Any fool can criticize,
condemn and complain and most fools do."

So exactly, who are the fools who are complaining about not having the
means to deal with "aggressive panhandling downtown" and "homeless"
people sleeping downtown?

Well, read the new "proposed" ordinance addressing solicitation and
intimidating panhandling. and, also, Could these proposed rules
interfere with Missoulians free speech rights?

http://www.speakupmissoula.com/topic/200/Could_the_proposed_panhandling_rule_interfere_with_free_speech_rights

As always, I'd like to encourage your comments about this important
topic.

thanks,

Rick Gold
Missoula, MT
http://mtlegal.blogspot.com
http://mtlegal.wordpress.com

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