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  • 16Oct
    Commentary, Issues, News Comments Off

    Commissioners graciously accepted the Blackburn Park petition at the beginning of their Wednesday evening meeting.

    It seems that the official county form for petitions adopted in July by unanimous vote of the board was merely a recommendation and not a requirement.  Quotes from Commissioners in The Dahlonega Nugget article on October 14 continue to verify that they did not agree on what they voted for.

    It seems that they do now agree to accept petitions as required by the 1st Amendment of the United States Constitution.   Chairman Raber was quoted as saying,  …All we did was ask that people follow a form so petitions could be legitimized. Yet, the commissioners blindly approved a document that provides for $1,000 fines and imprisonment of up to five years. Continue reading »

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  • 15Oct
    News Comments Off

    Confusion on the Commission This article highlights the chaos that can reign when the politicians embark on a plan to squelch opposition, but fail to make sure that they’re all on the same page:

    While two Lumpkin County commissioners are under the impression that petitions not following the county’s form will not be accepted, two believe they will be, and board chair “Dr.” John Raber said it was never alleged they wouldn’t be.

    “We never said we wouldn’t accept petitions. We’ve always accepted petitions. We’ve not turned down any petition ever. All we did was ask that people follow a form so petitions could be legitimized,” Raber said when asked about the board’s acceptance of the GOLD Dog Park petition at the October work session. That petition was not on a county form, but when presented, Raber asked that it be given to the county clerk to become an official part of the record.

    The rest of the story:

    Dahlonega, Lumpkin County: The Dahlonega Nugget. The local newspaper for Dahlonega, Georgia > News > Confusion complicates county petition ordinance

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  • 09Oct
    News Comments Off

    County’s crazy petition rule should be tossed
    [By Matt Aiken. Originally published in The Dahlonega Nugget Wednesday, October 7, 2009]

    I’m not a person who’s prone to petitioning.  In fact, if I see somebody coming my way with a large sheet of paper and an enthusiastic grin, I usually walk hurriedly in the other direction.  Yet there would be one petition I’d be happy to sign my sloppy signature on. That would be a petition that petitions the county’s new petition policy.  Yes, the time has come to petition the new petitions. Continue reading »

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  • 09Oct
    News Comments Off

    Petition protest: Group to challenge BOC policy
    [By Sharon Hall. Originally published in The Dahlonega Nugget Wednesday, September 30, 2009]

    Lumpkin County Homeowners Association members plan to put the county’s new rules concerning petitions to the test at the next regular meeting of the board of commissioners Wednesday, Oct. 14. They voted last week to present a petition that does not conform to the new rules, opposing the harvesting of hardwood trees from the Blackburn Park property. Continue reading »

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  • 13Sep

    Lumpkin County Commissioners (BOC) do not seem to understand or appreciate the Constitutional right being violated by their attempt to control petitions.  Any limitation on the right to petition must be justified by a compelling public interest. Only an emergency could justify restriction of that right.

    During the July meeting of the BOC, commissioners voted to require their own exclusive design for any petition submitted to them.  It would require a notarized affidavit from the collector on the back of each page verifying the identity and address of each signer.   As I see it,  picture ID would be required to protect collectors from liabilty for false swearing on the affidavit.  Then Chairman Raber stated in his The Dahlonega Nugget column on September 2 that the action had been taken to protect those who sign from fines and incarceration.

    Petition restrictions and threats can only be interpreted as an attempt to make citizens afraid to sign petitions and collectors afraid to collect.  The right to petition has been recognized by courts and historians as the cornerstone of the First Amendment. The original draft of the First Amendment contained only assembly and petition, not speech, press or religion.  Petition is the right to ask government at any level to right a wrong or correct a problem.

    “Petitioning” has come to signify any nonviolent, legal means of encouraging or disapproving government action, whether directed to the judicial, executive or legislative branch. Lobbying, letter-writing, e-mail campaigns, testifying before tribunals, filing lawsuits, supporting referenda, collecting signatures for ballot initiatives, peaceful protests and picketing: all public articulation of issues, complaints and interests designed to spur government action qualifies under the petition clause, even if the activities partake of other First Amendment freedoms.

    Continue reading »

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