Civil Disobedience

[Kat Kanning]

LOL....have to laugh about that one.

[AllanHampton]

FSP ?idea? is the best hope going for citizens? freedom.

?You can only get a jury by trial in NH if the crime is a class A misdemeanor or greater.?

I am not disputing that statement but simply asking is not such a government action created by some sort of legislation in defiance of shall make no Bill of Attainder law?

Bill of Attainder laws are forbidden any government body in the U.S. to enact by the federal Constitution and mentioned to two places in it.

Allan

[Michael Fisher]

NHFree.com was mentioned in the press releases, and the FSP is great and all, but as an individual, I want to focus solely on ending licensing laws once and for all.  I hope that's okay with everyone. 

[Michael Fisher]

On the topic of punishment, I previously said that I would refuse to pay the fine in order to be jailed.? However, if they're going to jail me regardless, as they have recently threatened to do, then I'll probably pay the fine in addition to serving a few days in jail in order to avoid the chance of significant jail time of up to a year (which would destroy my family and my business).? My willingness to pay the fine will depend on the punishment the judge returns and the potential punishment of not paying the fine.? Perhaps the initial punishment will be sufficient to prove the point that the law is wrong.

[AllanHampton]

"I want to focus solely on ending licensing laws once and for all.  I hope that's okay with everyone."

It's certainly OK with me and again I ask isn't every law that infringes or restricts a citizen freedom a Bill of Attainder? For Instance isn't a driver license required of a private, not commercial, citizen a Bill of Attainder?

Now I am not suggesting going to jail nor even protesting, I am suggesting getting such legislation repealed by forcing legislators to do it. And the only force citizens have is to fire those that endorse, sponsor and enact legislation restricting freedom (Bills of Attainder).

Allan

[DC]

I thought I would show this act of civil disobediance that didn't work out as planned.http://www.big-boys.com/articles/copfinger.html

I think you would actually call this a prank gone wrong.

[FTL_Ian]

I call that fake.   

[Michael Fisher]

Update:

I just received a copy of a "Petition for Preliminary and Permanent Injunctive Relief".? It's a request by the Board and the Attorney General of Merrimack Superior Court to prevent and ban me from performing a manicure on May 9th in front of their offices in Concord.

In other words, they're trying to use the law to stop an outlaw.? ????? ????

Apparently, I'm a threat to the "health, safety, and welfare of the citizens of the State of New Hampshire."? ?

Here is a copy of the document I've scanned into text:

THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS.
SUPERIOR COURT

The State of New Hampshire
V.
Michael B. Fisher

PETITION FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

NOW COMES the State of New Hampshire, by and through its attorneys, the Office of the Attorney General, and hereby requests the Court to order Michael Fisher be restrained and prohibited from engaging in the unlicensed practice of barbering, cosmetology, or esthetics as defined in RSA 313-A:l in violation of New Hampshire laws on Monday, May 9th, 2005. The petitioner asserts the following in support of this petition:

Introduction

1.? Upon information and belief, in violation of RSA 313-A:9, I, Michael Fisher will engage in the practice of barbering or cosmetology or esthetics without the appropriate license on Monday, May 9th, 2005.

2.? Upon information and belief, in violation of RSA 313-A:9, II, Michael Fisher will operate a salon that is not under the direct supervision or management of a professional licensed under RSA chapter 313-A on Monday, May 9th, 2005.

3.? Upon information and belief, in violation of RSA 313-A:9, III, Michael Fisher will hire or employ an unlicensed person or persons to engage in the practice of barbering or cosmetology or esthetics on Monday, May 9 2005.

4.? Upon information and belief, in violation of RSA 313-A:9, V, Michael Fisher will engage in the instruction of barbering or cosmetology or esthetics without holding a license as required by RSA chapter 313 - A, on or before Monday, May 9th, 2005.

5.? Upon information and belief, the threatened activities, if implemented could be in violation of state and city regulations pertaining to public demonstration.

Parties

6.? The petitioner is the State of New Hampshire, by and through its attorneys, the Office of the Attorney General, with offices located at 33 Capitol Street, Concord, New Hampshire 03301, acting under the authority of RSA 21-M:2, II and RSA 21-M:5, 1.

7.? The respondent Michael Fisher is an individual person. The return address on the envelope mailed on April 23, 2005 states that his address is 362 Great Bay Woods, Newmarket, New Hampshire 03857 but, upon information and belief, his current address is 7 Lamprey River Park, Newmarket, New Hampshire 03857.

Jurisdiction and Venue

8.? This court has jurisdiction over this action pursuant to, inter alia, 498: 1. The petitioner is principally located in Merrimack County. The respondent is an individual who resides in Rockingham County, New Hampshire. Venue lies in Merrimack County. RSA 507:9.? The threatened unlawful acts would occur in Merrimack County at 2 Industrial Park Drive, Concord.

Facts and Claims

9.? On or about April 25, 2005, the New Hampshire Board of Barbering, Cosmetology, and Esthetics (the ?Board") received a letter from the respondent which stated as follows:

It is my pleasure to announce to you that I will be breaking New Hampshire's professional licensing laws on Monday, May 9, at noon, in front of your offices at 2 Industrial Park Drive, in Concord. At this time, I will set up a booth and sell manicures for profit without a license until I am forced to stop.

Letter from Mike Fisher, Exhibit A.

10.? On or about April 28, 2005, an investigator from the Office of the Attorney General telephoned the respondent and notified him that if he engaged in the practice of barbering, cosmetology, or esthetics in violation of New Hampshire laws on Monday, May 9th 2005, he would be arrested and charged with a misdemeanor in accordance with RSA 313-A:9. The respondent responded that he was still intending to engage in such practice.

11.? Upon information and belief, the respondent has sent a "press release" to various media outlets containing the following:

The general public and supporters are invited to attend this event of civil disobedience. The event will be held on Monday, May 9, at noon, at or near the NH Board of Cosmetology at 2 Industrial Park Drive, Concord, NH 03301. Attendees are asked to bring their friends, families, cameras, anti-licensing signs, and positive attitudes.

Fisher Press Release, Exhibit B.

12.? The respondent is not licensed pursuant to RSA chapter 313-A.

13.? Upon information and belief, the respondent has not completed an application thirty (30) days prior to the event, nor has the respondent obtained the requisite permit from the City of Concord.? City of Concord, Code of Ordinances, Chapter 15, Section 15-10.

14.? Such application must be rejected or such permit must be revoked for just cause, including the purpose of the event, which is to violate state laws.

WHEREFORE, the petitioner respectfully requests that this Honorable Court:

A. Issue an order of notice for service on the respondent;

B. Schedule a hearing on the merits of the temporary relief requested on or before May 6th 2005; in the event the Court cannot schedule a hearing within said time frame, that this Court grant this petition for temporary relief ex parte;

C. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from engaging in any practice regulated by RSA chapter 313-A without the appropriate license. RSA 313-A:9, I.

D. Order temporary and permanent injunctive relief restraining and prohibiting the respondent from operating a salon without the direct supervision and management of a professional licensed under RSA chapter 313-A. RSA 313-A:9, II.

E. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from hiring or employing any unlicensed person to engage in a practice regulated by RSA chapter 313-A. RSA 313-A:9, III.

F. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from engaging in the instructing of any activity licensed by RSA chapter 313-A. RSA 313-A:9, V.

G. Order preliminary and permanent injunctive relief restraining and prohibiting the respondent from protesting without the requisite permits.

H. Grant such other relief as the court deems equitable and just.

Respectfully submitted,

THE STATE OF NEW HAMPSHIRE

By its attorneys

KELLY A. AYOTTE ATTORNEY GENERAL

Attorney
Civil Bureau
33 Capitol Street
Concord, New Hampshire 03301-6397
(603) 271-3650

CERTIFICATE OF SERVICE

This certifies that the foregoing was mailed first class, postage paid to Michael Fisher, 7 Lamprey River Park, Newmarket, NH, 03857.

THE STATE OF NEW HAMPSHIRE
MERRIMACK, SS. Term 2005
SUPERIOR COURT

The State of New Hampshire
v.
Michael B. Fisher

AFFIDAVIT OF LOUISE LAVERTU

NOW COMES Louise Lavertu being duly sworn and testifies:

1.? I am a member of the New Hampshire Board of Barbering, Cosmetology, and Esthetics.

2.? My duties include regulating barbers, cosmetologists, and estheticians in the State of New Hampshire to assure that the services provided are effective and of a quality consistent with the standard of care within each profession, and to safeguard the public against harm which may be caused by unqualified, impaired, or unlicensed practitioners.

3.? Unlicensed individuals engaging in the practice of barbering or cosmetology or esthetics present a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

4.? Mike Fisher's announced intention that he will engage in the practice of barbering or cosmetology or esthetics on May 9th, 2005 presents a risk to the health, safety, and welfare of the citizens of the State of New Hampshire.

5.? I have reviewed the petition for ex parte preliminary and permanent injunctive relief.

6.? The factual assertions in the petition are true to the best of my knowledge and belief.

I, declare under penalty of perjury that the foregoing is true and correct.

   Louise Lavertu

THE STATE OF NEW HAMPSHIRE MERRIMACK, SS.

On the 29th day of April, 2005, before me, Wynn E. Arnold, the undersigned officer, appeared Louise Lavertu, known to me (or satisfactorily proven) to be the person whose name appears above, and she subscribed her name to the forgoing instrument.

Notary Public / Justice of the Peace

My commission expires:

[Pat K]

OMG LOL these folks are unreal.

[Pat K]

On the not so funny side this shows how far the PTB will go for just the threat of=Nail manicures=
it is sickning.

[Dave Ridley]

Woo hoo this is great!   I have posted this latest development to other forums around the state.   I also mentioned Mike's civil disobedience event on WKBK-AM today and WGIR-AM yesterday


I have a reformatted of the press release now for distribution around the nation via internet and what not.   will post it here when i can get to the other computer.

[Dave Ridley]

anyone who can , pay in silver!   

Mike doesn't like liberty dollars but i do and will buy some maybe if i can be there!   have to check my work schedule

[Dave Ridley]

with regard to all the other ideas for civil disobedience (tanning beds, etc.) that is really a cool thought; i like the idea of this spreading like a fire.   but these additional "disobediences" might be most effective if done on a different day.   it would generate separate press coverage possibly and also give the sense of a growing trend.

[AlanM]

 Mike, just so you are aware. They are playing hard-ball. The penalties for breaking an injunction are far more severe than merely being arrested for practicing without a license.
This response by the PTB is totally irrational. Talk about wasting tax-payer dollars.

[Dave Ridley]

the more they hurt him the more they make his point for him; it's just a matter of how much punishment he can absorb and how well we can back him up

As long as he gets enough publicity it should be possible to maintain a base of support for him.? And the more they go after him the more publicity they generate.? ?With any luck this can generate new business for him too.

Keep the ideas coming about how we can handle what's likely to come our way over the next couple weeks.  Letters to editor aplenty would be good; feel free to use this guide to NH media:

http://freestateproject.org/about/essay_archive/BeTheMedia.php