Although Steve said he could not do that he agreed to call Larry Prictchard, the JSO attorney and the Sheriff’s Office to advise them to not harass me or terminate my free speech activity.

On October 24th, 2000 around 6:45 PM, Randy Cheatham dropped myself and the components to a Public address amplification system off at the corner of water and hogan streets.

There were thousands of people in line along water street to go into the Bush campaign rally which was happening at the Jacksonville landing. My PA system consisted on numerous components which ranged in weight from 20lbs to 80 lbs. Therefore without the help of Randy, I had to move each item separately at a distance of 20 feet or so at the time for the security of the components.

Our goal was to reach the pavilion at the end of Hogan street. The pavilion is 100% public property and under the control of the parks and recreation department. The pavilion is part of the “Northbank Riverwalk” and is a separate property than that of the Jacksonville landing which is under a lease from the city of Jacksonville. This pavilion is not under that lease. The pavilion is also surrounded by numerous boat docking facilities for small craft.

At this time there were a half dozen boats lining the area from Hogan street to the next pavilion 300 yards away. Many of these boats including the one right next to the pavilion had George Bush campaign sings.

As I moved the equipment almost parallel to where my truck was parked, (which Randy Cheatham and I had placed there at around noon on Tuesday, to ensure this spot incase we had to use the truck as a power source for the PA equipment), I was approached by Ed Roman of the US Secret Service, who advised me I was entering a secured area and that I would not be allowed to continue.

I advised Mr Roman, that I was intending to use my public property, (the pavilion) for a free speech educational event to speak about the drug policies of George W Bush and its relation to Medical Marijuana, and that I would also be collecting petitions, and registering people to vote. I also informed him that I had spoken to Steve Rohan the city attorney to ensure that I would not be harassed and that I would be continuing with that plan as normal. I ensured Mr. Roman, that I would be presenting no physical threat to the Presidential candidate and that he was free to search through the PA equipment to make sure of that fact.

Mr Roman declined and said that I would not be allowed to continue. I presented him with Memorandum 99-3 the order from the Jacksonville Sheriff regarding free speech, He walked away and said he would give it to the responding Jacksonville sheriff’s deputies.

When he left I continued moving the equipment to the pavilion. Soon I observed a sheriff deputy writing something on a notepad on the hood of my truck. I approached him to find out what was going on and he told me the truck was about to be towed. I asked him why as it was legally parked in a handicapped spot, as randy had parked it there earlier, and had a handicapped placard displayed. He advised me he was just following orders and that the area had been cordoned off.

I advised him the truck had been parked there long before the area was cordoned off and we could not move it because it would be a part of our free speech demonstration as we would be hanging banners from it and possibly using it as a power source. He said it would be towed. I then said I would compromise with him and if I had access to electricity at the pavilion 10 yards away, that we would move the vehicle.

He said it had to be moved regardless. I advised him I considered it a part of our free speech demonstration. He said he did not care. I told him that I would lay under the wheel of the truck to prevent it from being towed and was advised that i would be arrested if I took such actions.

When I got to the pavilion and began positioning my pa equipment, I was approached by 4 or 5 secret service agents, one of which was Ed Roman. Who told me I could not exercise my free speech here, because it was a secured area. I advised him once again of the conversations I had with city attorney Steve Rohan and that I was assured that I would be able to exercise my 1st amendment rights on this 100% public owned area and that it was 100% completely separate from the Landing property. I also asked why they were not telling the same thing to the dozen or so citizens that were loitering inside the pavilion, to catch a glimpse of the rally going on at the landing. I was told they would be moved as well, but they never were.

Then I asked where the end of the secured area was since there was no delineation between “secured” and “non secured” area and was told that it was parallel with the edge of the times union performing arts center, just north of the area marked “g” parks on the map.

I then asked Mr Roman had the Secret Service ever been to court on free speech first amendment issues before, he said “yes we have”, I asked him if he were aware of the results of any of those decisions, he said he didn't know and did not care. I told him that is right you just don't care what the case law is for free speech. I advised Mr Roman that I am free to exercise my first amendment rights any other time right here and what makes today any different. He refused to answer me. I asked him again why he still was not ordering the other members of the public to move and he refused to answer that as well and left the immediate vicinity.

I then plugged in the PA and noticed we had electrical power. So we agreed to move the truck. Just as the tow truck arrived, Randy drove the truck to a parking spot, as I continued to set up the PA. Several Secret Service agents had gathered about 25 yards away along with a couple of uniformed Sheriff’s Officers and a couple of JSO officers dressed in Suit and Tie apparel, in no way identified as JSO officers. Not once did any of the officers, or Secret Service men provide me any proof of Identification or written proclamation of street closing or closing of the public facility as I requested several times.

Just as I had finished placing and plugging in all of the PA components, an older man who looked to be a Secret Service agent, but I am not really sure who he is, (he is on the video tape) approached and advised me once again that I was in a secured area for this event. I asked him where it becomes no longer a secured area and he told me on the other side of water street at least 150 yards away. I then asked him why there were people standing around in the pavilion and all along the north bank river walk to the west of my present location scattered from 10-50 yards away. He simply walked away. He then came back and advised me that it was secure to the next Gazebo which was at least 250 yards west of my current location, this in direct conflict with what Mr. Roman had advised me earlier.

I then asked him why he had not approached all of the other members of the public first and why he was targeting me, he told me I was the first person he saw. I then asked him where was his street closing permit that closed Hogan street and this public facility, because when I want to close an area off I have to go through all kinds of “garbage” to get a permit. He just replied by saying it was a secured area. I then asked him if the area was secured only for Mr. Bush’s free Speech or is it secured for free speech for all Americans. He then told another secret service agent to go get an officer.

I then requested that he contact City Attorney Steve Rohan, because he was going to be defending a civil lawsuit for free speech if I am removed and I was told, “well we are asking you to move from this secured area” I advised him he could not lawfully order me to do that. His reply was “We will move you”. I advised that he may very well move me but that he will be violating the law in regards to free speech if I am removed.

I then advised that I was with the press and was going to be doing a live audio broadcast from where I was. I told him there was all kinds of press in the landing. He left without saying another word. Yet Another secret Service agent, i believe, dressed in plain clothes watched over me as I finished setting up the pa. I then began using the bullhorn, since the PA was not ready.

I was telling the citizens that I planned to educate them about the drug policies of George W bush and how they effected poor people. I announced that I intended no physical harm to anyone and that I would be exercising only verbal free expression here tonight. I continued unmolested for a few more minutes as I set up the PA equipment. once the pa was operational, I began speaking using it.

I had a whole speech that I had planned on reading so that I could reach the attendees of the rally, my target audience. I announced that I had experienced a suppression of my speech and how it fit into the pattern of suppression that the bushes engaged in with those who are critical of them and their policies. I announced that the consequences of my being ultimately removed would be a civil lawsuit to seek remedy.

When I started reading the speech I was surrounded by a dozen intimidating secret service agents and JSO officers and JSO unplugged my PA. JSO detective Ed Thomas ordered me to leave and to go to the other gazebo about 250 yards away. He said that the secret service has requested that I be removed and that he was asking me to leave the secured area. I then asked why all the other private citizens lined all up and down the north shore river walk were not being ordered to leave and surrounded by a group of 12 police officers, I then asked him if he was censoring the content of my speech. He said no you are right here and you have to be back there.

I asked him if this was for the purpose of cordoning off free speech, he simply said, “I told you what the parameters are, will you leave now?” I also asked the other JSO officer(the one who ended up being the arresting officer), dressed in suit and Tie what his name he said detective Larry Johns,

I asked Mr Johns that even though I was complying with his order that he was aware that he was violating my free speech rights, he said “yep, I do”, and you don't care that you are violating my rights by forcing me to stop my free speech exercise. He said, “that’s right I don't care, go down there”. I walked down there with a clipboard and dropped it off. and then walked back to get another piece of equipment.

We tried to see if the officers would let us bring a vehicle down to the gazebo so that we could load up and leave and they would not allow it, We then decided to bring the truck to the corner of Water and Hogan and load up there. But since Randy could not carry anything, I started the process of carrying the items piece by piece, but I was using the bullhorn to announce the violation of my free speech rights the whole time, the crowd that was waiting in line became audible hostile towards me, as I became closer to them as I carry the equipment,

I was told I could not stop and take a break and that I had to keep moving 6 blocks with the 80lbs pieces of equipment to the vehicle and that if I stopped I would be arrested, eventually I was accosted by two officers that asked me to place my hands behind my back and told me I was under arrest.

They refused to tell me what I had been charged with and I did not find out for 4 hours. Apparently Detective Johns was the arresting officer, because the officer that actually handcuffed me, said he was just a gopher and doing what he was told. I waited outside the jail because they would not take me until Det Johns charged me. It took Mr Johns an hour to crock of the charges of opposing a police officer and breaching the peace. I said absolutely nothing until I was released from jail on a notice to appear 8 hours later because of jail overcrowding..............

The arrest report reads:

On this date this subject was in a Secure area at the Jacksonville Landing during the rally for Gov. G.W. Bush. The US Secret Service asked this subject to leave the area for the security of Gov Bush but he refsued. Lt R Parmer with the Jacksonville Sheriff asked him to move from the area also He would move a few feet then stop so he could talk on his bull horn attempting to incite the crowd waiting to enter the rally. Several attempts were made to get the subject just to move from the secure area. But he refused. The subject was arrested and transported to the county jail.

The area the subject was in was a secure area by the US Secret Service

the subject was yelling on his bull horn at the group outside the landing causing them to yell back disrupting the flow of traffic into the rally.

My personal reaction to the events:

I am not suprised by what happened here, I am shocked by the state of free speech when it comes to those who are critical of Bush and his right wing agenda. It is clear that Bush will not tolerate dissent of his political views, at risk of destroying their civil rights. I am shocked that the police of Jacksonville have not learned what the first amendment means, even after numerous defeats in Federal Court. I certainly hope that whatever Bush has, is worth the destruction of opposing core political free speech. I am sad that the first amendment is only available for the white and the rich. Free Speech is under the rug in Florida. I will continue to risk my freedom to secure others' as long as it takes as many times as it takes. I just hope I am not shot or killed in the attempt. Jax needs help.......
Peace Scott