The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • Is That Legal – Public Dancing

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    Ruth Carter

    Disclaimer: I am not a lawyer.  In accordance with ABA policy, this blog should not be viewed as legal advice.  It is simply my experiences, opinions, and information I looked up on the internet.

    At 11:45pm on April 12, 2008, Mary Oberwetter and 17 friends engaged in silent dancing inside the Jefferson Memorial while listening to music on their headphones to celebrate Thomas Jefferson’s birthday.  The Park Police arrested her when she refused their order to stop.  Oberwetter was charged with interfering with an agency function and demonstrating without a permit, which violates the National Park Service Regulations.  She responded by filing a lawsuit claiming that the police violated her First and Fourth Amendment rights.  On May 17, 2011, the U.S. Court of Appeals affirmed the judgement that she was lawfully arrested and upheld the dismissal of her claims.

    After the ruling came down, five more protesters were arrested for dancing in the Jefferson Memorial over Memorial Day weekend.  The group, led by Adam Kokesh and Edward Dickey, referred to their behavior as civil danceobedience.

    Many people, including Elie Mystal from Above the Law, found the ban on dancing in memorials disgusting.  In response to the court ruling and the subsequent arrests, groups all over the world staged dancing events at memorials.  It was reported that as many as 38 countries participated in the event, including demonstrations at the Jefferson Memorial and in Phoenix, Arizona.  I could not find any reports of any arrests at any of the events.

    Photo by Adam Nollmeyer

    Unfortunately the problem here is the law is clear that any demonstration at a memorial won’t be tolerated.  It’s sad, but that’s what it is.  This event made me wonder, on what grounds might someone be arrested for dancing in public and what can people to prevent it?

    Assault:  Assault requires intentionally, knowingly, or recklessly causing any physical injury to another person or placing them in reasonable apprehension of imminent physical injury.  So as long as you keep your body at a sufficient distance from other people, I don’t think dancing constitutes assault.

    Trespass: Trespass requires knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.  Public property, like parks containing memorials, are open to everyone so as long as no person with proper authority, dance on!

    Unlawful Assembly or Riot:  These crimes require two or more people acting together with force or violence or threats of force that disturb the public peace.  As long as you and your friends can dance without threatening anyone, then it’s ok.

    Disorderly Conduct:  This is a catch-all crime for general bad behavior; however, the law requires the intent to disturb the peace with unreasonable noise or violent or seriously disruptive behavior.  I’m guessing you have to be a really bad dancer to rise to the level of seriously disruptive behavior.

    Obstructing a Thoroughfare: To obstruct a thoroughfare, you have to recklessly interfere with the passage of a thoroughfare by creating an unreasonable inconvenience or hazard without a legal privilege to do so.  Thus, dancing on the grass, away from the sidewalk or otherwise not interfering with other people’s ability to use the sidewalk because of your dancing appears to be permissible.

    Bolin Park Rules by Ruth Carter

    It’s important to note when you’re dancing at a memorial to look for any signage that indicated whether you are permitted to be on the memorial itself.  In Bolin Park in Phoenix, there are over a dozen memorials and statutes.  I was surprised that each one did not have a “Do Not Climb” plaque until someone pointed out that this notice was on the posted signs with all the rules regarding permitted behaviors in the park.

    We had a great time at the dance event in Phoenix.  There was another rally going on and there was lots of police and security present.  At one point we went over to their area and started dancing on the lawn when they started to play music.  The police looked at us strangely and smiled.

    Thank you to Phoenix commercial photographer Adam Nollmeyer for shooting such awesome footage at the Phoenix Dance for Liberty Flash Mob.

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  • Discrimination Against GSA in West Bend

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    Ruth Carter

    I was listening to Dan Savage’s Savage Love Podcast last week and I heard about a sad but inspiring situation in West Bend, Wisconsin.  East and West High Schools has had an unofficial Gay-Straight Alliance for over a decade and is currently being denied the recognition of being an official school group.

    Some schools have Gay-Straight Alliances or si...
    Image via Wikipedia

    Prior to this year, student group recognition was fairly informal, and it appeared that every group that requested recognition received it.  This year a new process was imposed that required a group to show that they have curricular tie, national or state affiliation, student appeal and a volunteer adviser to receive recognition by the school.  The GSA complied with every requirement of the application process and their application was approved by the school district administrators.   All they needed was the approval from the West Bend Board of Education.

    The students of the West and East High School GSA did a very ballsy thing – they hired an attorney who assisted them throughout this process.  When the group went before the school board, their attorney warned the board members that legal action for discrimination could result if they denied the group’s request for official recognition.  They walked into that meeting and basically said, “We’ve complied with your requirements.  We know we have rights, and if you deny us our rights, we’re going to sue you.”  I love it!

    The school board unfortunately voted against granting the GSA recognition.  Randy Marquardt, president of the board of education, voted against recognition and does not understand the need for the school to recognize the GSA.  He allegedly said the board should not vote in the group’s favor to avoid a threat of legal action.

    The GSA complied with the school’s requirements for recognition, and therefore they have earned the right to be an official school group.  The co-presidents of the GSA have filed a federal lawsuit against the West Bend Board of Education for violations of their First Amendment rights and the federal Equal Access Act that grants all non-curriculum student groups equal access if a school recognized at least one non-curriculum student group.  The students claim that they are being denied the privileges afforded to recognized student groups such as using the school’s PA system, posting flyers and posters in the school, using the school’s resources and equipment, raising funds for group activities, and being included in the school yearbook.

    These students should be applauded for their determination and for refusing to sit in the back of the proverbial bus.  Their group’s mission is “to combat bullying and harassment through education and advocacy and to provide an emotionally and physically healing learning environment for people of all gender and sexual orientations.”  The GSA has only asked for a declaration that the board of education violated rights, a court order requiring the school to recognize the GSA as student group, less than $20 of damages and attorneys’ fees.  They are not asking for anything spectacular, only for what is fair.

    To the students in West Bend, keep fighting the good fight. I was pleased to hear that the community for the most part seems to support you.  Please let us know what we can do to continue to support you and your cause.

    If you want to send Randy Marquardt a message urging him to allow the GSA to be an officially recognized student group, you can email him at rmarquardt@west-bend.k12.wi.us or call him at 262-306-2601.

    UPDATE: On Monday, June 13, 2011, in a re-vote the West Bend School Board approved the request for an official GSA at West Bend High School.  It appears that the school board caved because they were advised that if they fought the lawsuit filed against them, that they would lose.  Randy Marquardt had the audacity to say that the board was bullied by the GSA and that he still does not approve of giving the group recognition as a student club.  Regardless of why the board approved the GSA, it was the right thing to do.  Congratulations kids!

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  • Guidelines for Studying for the Bar Exam

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    Ruth Carter

    Today is my first day of BarBri class.  For the next 10 weeks, I will be on a regimented schedule of going to class and studying as I prepare for the Arizona Bar Exam.  Thankfully, I am a person who thrives in structure, so being on a strict schedule should work well for me.  I have been thinking about what guidelines will apply to my life during Bar prep.

    1. A Student of the University of British Columbi...
      Image via Wikipedia

      Stick to the BarBri schedule – go to class every day and study for a total of 8 hours a day, 7 days a week.  It’s better to be over-prepared than under-prepared.

    2. Use study techniques that work for me: class, outlines, and flash cards.
    3. Everyone is banned from the house unless they have an invitation.
    4. Do 30 minutes of walking, jogging, swimming, biking, or yoga every day.
    5. Eat a balanced diet – lots of fresh fruit, veggies, and protein; minimal sugar; & plenty of water.
    6. Get at least 7 hours of sleep every night.
    7. Avoid people and places that bring excessive drama to my life.
    8. No TV except for my weekly indulgences of House and Deadliest Catch.
    9. When I’m studying, I cannot have my cell phone where I can see or hear it.
    10. When I’m outlining on the computer, stay off of email, Facebook, and Twitter.
    11. If I realize that I’m just staring at my books without doing any productive work, STOP and take a break.
    12. The default response to any invitation to social events until the Bar is “No;” however there must be the occasional fun event to maintain my sanity.

    I’ve spent the last few days getting the house in order so that I will have as few distractions as possible while I’m studying.  I have also been reading Chad Noreuil’s The Arizona Bar Exam: Pass It Now.  I’m grateful that my family and friends are being supportive of me and my process.  One of my friends has already put me on notice that if I’m too non-responsive to the point that he worries that I’m getting unbalanced, that he’ll stage a raid.  I doubt that will be necessary but it’s good to know that people care about me enough that they would be willing to do that.

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