[Rushtalk] Pig takes down mans yard sign supporting 2nd Amendment

Stephen A. Frye s.frye at verizon.net
Sun Nov 3 18:35:29 MST 2013

Article date:  Sept 24.

Carl posts:  Nov 3


From: rushtalk-bounces at csdco.com [mailto:rushtalk-bounces at csdco.com] On
Behalf Of Carl Spitzer
Sent: Sunday, November 03, 2013 5:00 PM
To: RushTalk
Subject: [Rushtalk] Pig takes down mans yard sign supporting 2nd Amendment


US <http://www.theblaze.com/stories/category/us/>  

Meet the Man Who Caught Cop on Camera Forcibly Removing His Pro-Gun Sign.and
Why His Attorney Says It Could Be a 'Really Big Deal' 

Sep. 24, 2013 2:21pm Jason Howerton

The man who caught a police officer on camera removing his pro-Second
Amendment sign
red-blew-him-away/>  from his front yard says his "First Amendment rights
are being stifled" - and he takes his constitutional rights very seriously.

Jon Gibson, of Lake Lincolndale, N.Y., told TheBlaze in an exclusive
interview on Tuesday that he has retained an attorney and they are
"considering our options moving forward." His attorney, Richard Bombardo,
said there is a potential case for "criminal trespassing, vandalism and
larceny," pending additional findings.

As TheBlaze reported on Monday night
red-blew-him-away/> , Gibson was fed-up after his pro-gun sign was removed
from his front yard for the third time. In response, he set up a hunting
"trail camera" to catch the suspected thief when he or she came to take the
sign for the fourth time.

He was shocked when he reviewed the images and discovered that a police
officer with the Somers Police Department was responsible. Somers, N.Y., is
a town located about 5 miles from Gibson's home. However, the Somers police
and fire departments serve his area.

 <http://www.theblaze.com/wp-content/uploads/2013/09/MFDC96501.jpg> Jon
Gibson, Man Who Caught Cop Stealing Pro Gun Sign, Considering Legal Action

(Credit: Jon Gibson)

 <http://www.theblaze.com/wp-content/uploads/2013/09/MFDC96511.jpg> Jon
Gibson, Man Who Caught Cop Stealing Pro Gun Sign, Considering Legal Action

(Credit: Jon Gibson)

 <http://www.theblaze.com/wp-content/uploads/2013/09/MFDC96521.jpg> Jon
Gibson, Man Who Caught Cop Stealing Pro Gun Sign, Considering Legal Action

Credit: Jon Gibson

"My First Amendment rights are being stifled - and my due process by taking
my sign without citing me first," Gibson told TheBlaze. "I never received a
formal citation, and that's my gripe."

"The police officer has no right to take my property, to destroy my property
without giving me a receipt or citing me," he added.

TheBlaze has reached out to both the Somers Police Department and the
building inspector for more information, including whether or not a formal
citation was ever filed. Assistant Building Inspector Tom Tooma told
TheBlaze he would look into the situation and get back to us, but multiple
messages left with the police department have gone unreturned.

Following a complaint from a neighbor, Gibson said he previously received a
letter from the town building inspector warning him that he was in violation
of town code. However, after a back-and-forth on his First Amendment rights
he was apparently told he could leave the sign up for now.

Gibson maintains he never received any formal citation regarding his sign.

Gibson also told TheBlaze he is working with his attorney to determine
whether the town can claim any rights to his property because the sign was
located about 4 or 5 feet from the edge of the roadway. It should also be
noted that it hasn't been confirmed that the police removed the sign all
four times.

"The issue here, is we have a private individual with private land putting
up a First Amendment-covered sign on a Second Amendment issue, which is a
hot issue here in New York," Bombardo, Gibson's attorney, told TheBlaze.

The attorney said if it is determined that the town technically owns the
part of the land where the sign was posted, they were within their rights to
remove it. However, if the sign was located on Gibson's private property,
which they believe to be the case, then ripping out the sign without issuing
a formal citation is a "really big deal."

"Even if he was in violation of a valid restriction on the placement of the
sign, they would have to give him notice," Bombardo added. "It would be
criminal trespassing, vandalism and larceny. The sign was stolen and you
can't do that. It doesn't matter if it's a police officer."

Further, Bombardo argues this is a "singled-out issue." He said there are
other signs in the area that have gone "untouched."

"If we have individual targeting because they don't like the message, that's
problematic for the government as well," the attorney added.

Jon Gibson, Man Who Caught Cop Stealing Pro Gun Sign, Considering Legal

Credit: Jon Gibson

The sign has now become a symbol of free speech for Gibson, who says he
first put the sign up to support the repeal of New York's so-called SAFE
Act, a broad gun control package passed after the tragic Sandy Hook

"I made a donation to SCOPE NY and they provided a repeal the SAFE Act sign.
But when I realized someone was intentionally stealing my sign, it became
about more than the Second Amendment," he said.

Gibson at first intended to press criminal charges against the "thief," but
after learning the police are involved, he is now considering all of his
legal options. Needless to say, the case has gotten a lot more complicated
than he anticipated.




-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://kalos.csdco.com/pipermail/rushtalk/attachments/20131103/d75f18b0/attachment-0001.html 

More information about the Rushtalk mailing list