On Sat, 19 Feb 2000 14:28:18 -0500, Bob Minton <bob@minton.org> wrote:

>When a judge is more interested in basking in the lights of the media than
>the First Amendment, you get this type of crap which is shown below. Judge
>Penick has shown by this travesty that the Constitution takes back seat to
>his ego. I think it's time for Penick to step down from this ongoing circus.

For those who haven't yet seen the most recent effect of Judge Penick's ruling, see Mark Bunker's post under the subject heading "The XENUTV-mobile and white lines." In summary, Mark drove down Watterson Avenue shortly before noon today to go to work. Of course, he drove across the white lines to get to our office, because there is no other way to get to our office. A few minutes later two police officers -- the C of S's hired off-duty policemen -- arrived at our office and informed Mark that he is forbidden to use Watterson Avenue to come to work during the times set forth by Judge Penick when the white lines are in effect.

Mark called me, flabbergasted, and told me what had happened. I told him to write a report about the whole thing and get the names of the two police officers who had come and told him he couldn't drive to work. I knew where the two officers had gotten the idea that they should do this. Heraldo Avila, the OSA operative who is now assigned to stay with the police whenever they are at the white lines, undoubtedly insistd that Mark's driving to work was a violation of the judge's order. The police wouldn't have come up with this on their own. I was angry that the police had gone along with him, but I was sure we would be able to sort it out by speaking to the sergeant on duty.

I got to the office about twenty minutes after Mark called me. I wondered if Avila would convince the police not to let me drive across the white lines because the LMT is enjoined and I am an agent of the LMT. But they let me through. By then Mark had finished his report and printed it out for me. I took it into my office and called the Clearwater Police station and asked who was the sergeant on duty. The police officer who answered the phone said the sergeant on duty was Sgt. Zegzdryn. I was happy to hear it, because from my earlier dealings with him I had felt that Sgt. Zegzdryn was a reasonable fellow. The police officer said he would have Sgt. Zegzdryn call me.

A few minutes later he called. I told him what had happened, and he immediately replied that he did not think Judge Penick had meant to keep any of us from driving to our office. He asked me to give him some time to review the ruling and let him get back to me. I thanked him and we hung up.

In the meantime I tried to call our First Amendment attorney but he was not in his office. I tracked down Ken Dandar and told him what had happened. He said we would have to go before Judge Penick to get him to clarify this if Sgt. Zegzdryn upheld what the two police officers had done. Of course, it is a three-day weekend so no one can reach the judge until Tuesday at this point.

A few minutes later Sgt. Zegzdryn called me back. His tone of voice was totally different. He told me that he had reviewed the judge's ruling and he had to uphold what the officers had done. None of the enjoined individuals will be allowed to walk or drive across the white lines during the hours set forth by Judge Penick. I was stunned by what he said. I had honestly thought this was just two police officers being overly anxious to abide by what Avila was telling them to do. But now I realized that the entire police department will enforce Judge Penick's ruling this way. Bob, Grady, Jesse, and Mark will not be allowed to drive to work from 8 :00 to 9:30 am, from 11:45 am to 2:30 pm, and from 5:30 to 8:30 pm.

Our office hours are 9:00 am to 6:00 pm. But these four individuals cannot keep that schedule because Judge Penick's ruling forbids them from driving to work at those times. I consider this a clear and flagrant violation of their constitutional rights.

Step by step, an inch at a time, the Church of Scientology is drawing Judge Penick and the Clearwater Police Department into its web of deception and manipulation. Their policy is to use the legal system to destroy their enemies, and Judge Penick and the police are falling right into the trap.

Hopefully this latest violation of our rights will be outrageous enough for Judge Penick to realize that his order plays right into Scientology's hands. In the meantime, we intend to use all legal means available to us to get our rights back.

The positive side of this is that the more outrageous Scientology's conduct becomes, the more chance there is that the public at large will realize that something has to be done about the Church of Scientology. Let's hope it happens soon.

Stacy

>IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
>
>RICHARD W. HOWD, JR.,
> Petitioner,
>
>VS. CASE NO. 99-7430-CI-08
>
>ROBERT S. MINTON, JR.,
> Respondent.
>
>ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S
> VERIFIED MOTION FOR CLARIFICATION AND ALTERNATIVE
> MOTION TO ADD PARTIES DEFENDANT
>
>THE ABOVE CAUSE came on for hearing on February 7, 2000, on petitioner's
>verified motion for clarification and alternative motion to add parties
>defendant served January 21, 2000, and on the amendment to petitioner's
>verified motion for clarification and alternative motion to add parties
>defendant served February 4, 2000. The court having considered the verified
>motion, the appendix to? verified motion, the testimony of the witnesses,
>the videotape evidence that both parties presented, the photographs of
>Watterson Avenue, the Second District's opinions in Riddick v. Suncoast
>Beauty College, Inc., 570 So.2d 1064 (Fla. 2nd DCA 1990) and DAD's
>Properties, Inc. v. Lucas, 545 So.2d 946 (Fla. 2nd DCA 1989), and the
>article appearing at 85 CORNELL L.REv. 271 (1999) on the subject of
>picketing and churches, and the court being otherwise fully advised in the
>premises, it is hereby --
>
>ORDERED that petitioner's motions be, and they are, hereby granted in part
>and denied in part as follows:
>
>1. Petitioner's alternative motion to add parties defendant to this action
>is granted to the extent that the following corporation and individuals are
>added as parties defendant, on the basis that they are agents and servants
>of respondent, and are in active concert and participation with him with
>respect to the subject matter of this court's amended temporary injunction
>issued December 2, 1999:
>
>Lisa McPherson Trust, Inc., a Florida for-profit corporation
>Jesse Prince, an individual
>Mark Bunker, an individual
>Grady Ward, an individual In all other respects, the alternative motion to
>add parties defendant is denied without prejudice.
>
>2. Petitioner's motion for clarification is granted in part, Robert S.
>Minton, Jr., Jesse Prince, Mark Bunker and Grady Ward are prohibited from
>occupying any portion of the space between the two white lines that the
>Clearwater Police Department painted onto Watterson Avenue immediately
>adjacent to the Bank of Clearwater Building. This restriction applies seven
>days a week, during the following hours, which are the hours during which
>Scientology staff members and students arrive and depart on foot and in
>buses and vans for meals in the Church's dining facilities located in the
>Bank of Clearwater Building:
>
> Breakfast hours Lunch hours Dinner hours
>
>8:00 a.m. - 9:30 a.m. 11:45 a.m. - 2:30 p.m. 5:30 p.m. - 8:30 p.m.
>
>The foregoing restriction on Robert S. Minton, Jr., Jesse Prince, Mark
>Bunker and Grady Ward, is binding upon Robert S. Minton, Jr., Jesse Prince,
>Mark Bunker and Grady Ward, their officers, agents, servants, employees and
>on those persons in actual concert or participation with them who receive
>actual notice of the original injunction in this action entered December 2,
>1999, and this order; however, this prohibition does not affect members of
>the general public or any other person unaffiliated with Robert S. Minton,
>Jr., Jesse Prince, Mark Bunker and Grady Ward, their officers, agents,
>servants, employees and on those persons in actual concert or participation
>with them, and is not to be construed as prohibiting such persons from
>occupying said space at any time; provided, further, that nothing in this
>order shall be deemed to restrict in any way the City of Clearwater and its
>Police Department from promulgating and enforcing such additional
>restrictions and regulations as the City and its Police Department have the
>authority to promulgate pursuant to the City's municipal powers to protect
>the safety of the general public.
>
>3. Except as expressly set forth above, petitioner's verified motion for
>clarification and alternative motion to add parties defendant as well as the
>amendment to petitioner's verified motion for clarifcation and alternative
>motion to add parties defendant, be, and they are, denied, without
>prejudice.
>
>4. In all other respects, this court's temporary injunction entered December
>2, 1999, be, and the same is, hereby ratified and affirmed and continues in
>full force and effect.
>
>5. Petitioner shall cause Lisa McPherson Trust, Inc., Jesse Prince, Mark
>Bunker and Grady Ward to be served with copies of the following: a summons,
>which the clerk shall issue; the court's amended temporary injunction issued
>December 2, 1999; and the original complaint herein. Upon receipt of such
>personal service, said additional defendants hereto shall have 20 days from
>the date of service to file and serve an appropriate response.
>
>6. Any violation of this order shall constitute contempt of court,
>punishable by a fine or imprisonment.
>
>7. This clarification of injunction is valid and enforceable in all
>counties in the State of Florida.
>
>8. Any sworn law enforcement officer may assist in the execution or
>service
>of this clarification of injunction.
>
>9. The court reserves jurisdiction of the subject matter and the parties for
>purposes of entering further appropriate orders, including the enforcement
>of this clarification of injunction.
>
>10. The cost of the court reporter shall be divided equally between
>petitioner and respondent.
>
>DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County,
>Florida this 15th day of February, 2000.
>
>
>Copies furnished to:
>F. Wallace Pope, Jr., Esq.
>Denis DeVlaming, Esq.
>Paul B. Johnson, Esq,
>Morris "Sandy" Weinberg, Jr., Esq.
>Michael Hertzberg, Esq.
>Bruce G. Howie, Esq.