Comments on: Your Unalienable Right to Petition http://www.lumpkinsunshine.com/main/the-inalienable-right-to-petition/ Shining the Light on Lumpkin County Thu, 15 Jul 2010 00:18:02 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: BobG http://www.lumpkinsunshine.com/main/the-inalienable-right-to-petition/comment-page-1/#comment-5 BobG Tue, 15 Sep 2009 18:23:51 +0000 http://www.lumpkinsunshine.com/main/?p=215#comment-5 I am amazed and appalled by the actions of the Commission-- at the direction of Chairman John Raber-- which has published an "official" petition form. Purportedly, the county will not accept a citizen's petition unless it is on the county-issued form. On Raber's form, there is a warning of fine and/or imprisonment for false swearing for any petition circulator who violates an oath to ensure that, among other things, petition signers are residents of the county and have read the petition's statement of purpose. Most Americans understand that the "right of petition" is protected by both the U.S. and state constitutions. The government can take no action which might serve to prevent or chill any citizen's exercise of the right to petition his government. In my opinion, no law nor edict of government can dictate the form that this type of "petition" must take. A citizen has the absolute right to petition the government alone or in concert with others; verbally or in writing; and, if in writing, on a billboard, a piece of paper or a dirty napkin. Moreover, a petition of this type has no legal weight or effect. It is merely an expression of the sentiment of a segment of the populace. It is unlike a formal petition where the identities and/or qualifications of the petitioners must be confirmed; such as a petition by a percentage of a community's property owners to seek annexation into a city. A form for that type of petition would be appropriate and proper. The Lumpkin Commission Chairman is using the police power of government to squelch the citizens' participation in the public process. In "formalizing" the petition process, he attempts to create the justification and authority to impose a criminal penalty where no such authority is justified or appropriate. Of course, I believe that Raber's form is unconstitutional. His malicious intent has apparently been evidenced in recent public meetings where he mocked the petition process and even proposed an "I want my taxes raised" petition... that the Commission voted to approve without even knowing on what issue they had actually voted! It is a sad day in Lumpkin County when an elected official's arrogance trumps constitutional rights. The county should IMMEDIATELY rescind this form and accept the Blackburn Park petition and others for what they are-- the exercise of a free people's right to inform and influence their government in whatever manner is required and appropriate. I am amazed and appalled by the actions of the Commission– at the direction of Chairman John Raber– which has published an “official” petition form. Purportedly, the county will not accept a citizen’s petition unless it is on the county-issued form.

On Raber’s form, there is a warning of fine and/or imprisonment for false swearing for any petition circulator who violates an oath to ensure that, among other things, petition signers are residents of the county and have read the petition’s statement of purpose.

Most Americans understand that the “right of petition” is protected by both the U.S. and state constitutions. The government can take no action which might serve to prevent or chill any citizen’s exercise of the right to petition his government.

In my opinion, no law nor edict of government can dictate the form that this type of “petition” must take. A citizen has the absolute right to petition the government alone or in concert with others; verbally or in writing; and, if in writing, on a billboard, a piece of paper or a dirty napkin.

Moreover, a petition of this type has no legal weight or effect. It is merely an expression of the sentiment of a segment of the populace. It is unlike a formal petition where the identities and/or qualifications of the petitioners must be confirmed; such as a petition by a percentage of a community’s property owners to seek annexation into a city. A form for that type of petition would be appropriate and proper.

The Lumpkin Commission Chairman is using the police power of government to squelch the citizens’ participation in the public process. In “formalizing” the petition process, he attempts to create the justification and authority to impose a criminal penalty where no such authority is justified or appropriate. Of course, I believe that Raber’s form is unconstitutional.

His malicious intent has apparently been evidenced in recent public meetings where he mocked the petition process and even proposed an “I want my taxes raised” petition… that the Commission voted to approve without even knowing on what issue they had actually voted!

It is a sad day in Lumpkin County when an elected official’s arrogance trumps constitutional rights. The county should IMMEDIATELY rescind this form and accept the Blackburn Park petition and others for what they are– the exercise of a free people’s right to inform and influence their government in whatever manner is required and appropriate.

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