On April 13th, 1999 Michael Johnson and Donald Land began collecting petitions at polling station number 6N (First Southern Baptist Church Old St Augustine Rd, Jacksonville, Florida) Around 2:10PM, a Heavyset male poll worker, (name unknown) approached Land and Johnson, ordering them to leave the polling location. Land and Johnson were well outside the 50' boundary provided in the Florida State Election Laws. Pollworker decided to call the Supervisor of Elections and left. Petitioners peacefully petitioned for two full hours, when around 4:20 pm Pastor Youngblood, reverend of the church arrived on the scene. Pastor Youngblood accosted petitioners and ordered them to leave. Petitioners attempted to present Youngblood with settlement of Federal Case Number 98-1185-CIV-J-16C, which advised poll owners of the rights of petitioners at the polls. Youngblood refused to examine and claimed non-receipt of these items. (A condition of our settlement agreement). Pastor called Police.

Around 4:40 pm JSO Officer T.A. Gagnon Badge #5715 arrived. Officer Gagnon upheld right of petitioners. Youngblood became enraged and told Gagnon "If you do not make them leave, I'll bust him upside the head and knock him on his ass", (he indicated Michael Johnson). The officer then demanded identification from Land who refused. Officer Gagnon then informed Johnson that since there may be violence if they refuse to leave, it may be a good idea for them to vacate the polling station. Before leaving under duress and threat of violence, several voters informed the petitioners that there were "youngblood" campaign signs displayed inside the polling station.

Donal Land and Johnson arrive at polling location 6M where Scott Bledsoe and Kevin Aplin were collecting petitions and informed them of the situation which had just occured at 6N. All petitioners decide to set up at 6N and leave to go to that station. Bledsoe arrives first at 6N and begins setting up around 6:20 PM. Bledsoe is immediately approached by pollworker Charles Newsome who orders Bledsoe to leave premises. Bledsoe then displayed and presented pollworkers with copy of settlement agreement from Sheriff Nat Glover and Supervisor of Elections Tommie Bell. Newsome claims non-receipt. (deliverance to all poll workers was condition of settlement) Bledsoe questioned pollworkers about campaign signs inside the poll and was told by Newsome "they have been removed". Bledsoe then asks to be able to see if sign were removed and was denied access. Bledsoe then demands that the pollworkers contact the supervisor of elections. Bledsoe was told by Newsome, "no way to contact". Poll worker Carol Bell then state that soince she is not paid, she does not have to contact the supervisor. Bledsoe calls supervisor of elections office and pollworkers are ordered to allow us to petition.

****BEGIN TAPE RECORDING******

Around 6:30 PM JSO Ofiicer JR Windham Car #837 arrives. Windham is aware of and informed that Bledsoe is taping events. Windham asks, "Did Someone ask you to leave?". Bledsoe responds "yes". Windham: "Then why didn't you leave?" Bledsoe displays copy of settlement agreement and memorandum from sheriff. Windham examines and then orders Bledsoe to cease collecting petitions until he finishes his investigation. Bledsoe informs Windham that by doing so he was in direct violation of the first amendment and the sheriff's order. Windham orders Bledsoe to stop again. Bledsoe continues to collect petitions. Windham states he is waiting for complaintant. Windham waits for pastor while petitioners continue petitioning. Bledsoe pleads with Windham to stop interferring. Pastor then arrives, advises officers "previous petitioners were forced to leave, and that (we) were just more who came to show support" Pastor Youngblood then borrows Windham's phone to call tow truck to have petitioners' cars towed. Bledsoe advises Youngblood of consequences of actions. Pastor responds "Sue me". Windham then confirms he does not care about settlement agreement. Windham then orders Bledsoe to stop recording. Bledsoe refuses order. Windham says it is a crime to record his conversations. Bledsoe advises of public domain rights. Pastor continues to taunt petitioners about towing their cars. Bledsoe informs Youngblood that towing cars would be considered in a civil lawsuit. Youngblood became further enraged and told officer Windham, "I'm gonna go get my baseball bat". Bledsoe demanded clarification from pastor on whether he intended to cause bodily harm to himself. Bledsoe then demanded Windham to take action to subdue Youngblood. Windham just stands and ignores threats from Youngblood. Pastor berates and intimidates petition signers. Around 6:45 JSO Sgt. Asa A. Higgs arrives on scene followed shortly by tow truck from Bruce's Towing Comapny. Bledsoe lies behind wheel of vehicle to block towing. Aplin presents Higgs with settlement documentation, which Higgs carefully examines. Upon reveiw Higgs then says "Well it looks like you are going to have to leave". Aplin just walks away and continues petitioning. Officer Higgs and Windham then announce that they would be arresting petitioners if they did not leave. Then he says we had to move our vehicles and petitioning to the sidewalk bordering Old St. Augustine Rd. Bledsoe then gets up and approaches his with recorder and asks "So you are telling us we cannot be here collecting petitions?" Higgs respond, "That is what I'm telling you". Bledsoe: "and your name sir?" Higgs: "Sgt A.A. Higgs".

Aplin and Land refuse to leave and are threatened with arrest. Bledsoe begins to gather equipment to be moved with vehicle so it is not towed. Officers allow Bledsoe to gather names and cards and orders tow truck driver to wait. As Bledsoe is leaving Aplin, Land, and Johnson continue petitioning. Bledsoe asks Higgs one last time, "Mr. Higgs this has already been settle in a Federal Court Lawsuit, do you not care about that?" Higgs, "No Sir I don't". Aplin decided to leave because it was 7:00.

****TAPE ENDS******

This is an egregious and wilfull violation of the sheriff's direct memorandum 99-3 dated March 23, 1999, regarding police actions and first amendment exercise of Free Speech. The sheriff agreed to the terms of the settlement reached over the dispue, which occured at another polling location on Novemeber 3, 1999. The officers mentioned in the complaint willfully disobeyed police directives and violated Florida State Election Statutes and are guilty of First Degree Misdemeanors.

Florida State Statutes Chapter 104.11

NEGLECT OF DUTY BY SHERIFF OR OTHER OFFICER

Any sheriff, deputy sheriff, or other officer who willfully neglects or refuses to perform his or her duties relating to elections is guilty of a misdemeanor in the first degree, punishable as provided in s.775.082 or s 775.083.

Mr Higgs refused and willfully disobeyed the order of Sheriff Glover dated March 23, 1999, when he ordered us to leave without consulting with a city attorney and disobeying all other instructions in the memorandum. Mr. Windham although he did the right thing by calling a supervisor, he allowed threats of violence and intimidation by Pator Youngblood which is in direct defiance of the Sheriff's orders as well.

When questioned about the order responded, that he "did not care" about the order. He also ordered petitioners to stop collecting petitions in a place that they are legally protected to do so by the first amendment and Florida State Elections Laws. We the undersigned demand the immediate termination of Officer Higgs for insubordination and harrassment and intimidation of legal petitioners and a direct defiance without concern of an order from the sheriff of Jacksonville Nat Glover. Mr. Higgs and Mr Windham aided and assisted in the interference with, intimidation of, and removal of petitioners collecting petitions where legally permitted to do so by law.

Mr Windham and Mr. Gagnon refused to act on very valid threats of violence from the baptist preacher. Police also refused to act upon complaint of election fraud by not investigating the placement of campaign signs inside polling station.

The only action you are afforded by your past explanations for these continued violations of our first amendment rights, is the immediate termination and prosecution of Sgt Higgs. We also feel it is neccessary for the state attorney to conduct an investigation into the actions of Mr. Higgs. We also demand the swiftest and strongest possible internal disiplinary actions are taken against Officer Windham.

We hereby request and demand written determination and explanation of internal investigation results from this complaint.