I have sympathy for Ms. Oberwetter and the rest of the Jefferson celebrators. The police were dunces without a doubt. Nevertheless, I would have advised following a general principle: don’t argue legal points with the cops in the street — take it up with a judge.
In the question of “interfering with an agency function,” I am afraid Ms. Oberwetter had made a mistake in not following (if not interfering) a police order to clear public grounds. Going back to English Common Law, the police have the “presumption of authority” during encounters with citizens. This does not mean they are acting correctly or using sound judgment. It is for the most part to keep peaceful order. The proper place to peacefully resolve issues of improper use of authority is in a court before a judge.
Our dancers were perfectly in the right to make merry before Jefferson’s monument. They were not harming anyone and the event had the virtue of being a little funny even to the dancers themselves. But don’t be so gung ho to cast yourselves in the grand notions of little David fighting nasty Goliath much less liberty taking down tyranny.
A little proportion is called for here. There are far too many places in the world where the people would gladly welcome a rule of law legal system where the police occasionally make goofy decisions such as telling people to go home.
p>Fight “the power”? Take it to court. Save the “bloodletting” for when you really need it. br> — Mike Dooley br> Indianapolis, Indiana /p>
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