
Jonas Phillips, the West Asheville man arrested for holding an “Impeach Bush/Cheney” sign over the Haywood Road/Interstate 240 overpass in August — a form of protest known as highway blogging — was found not guilty today on charges that he was obstructing the sidewalk and endangering motorists.
District Court Judge James Calvin Hill said that the prosecution had insufficient evidence to prove its case, as none of the arresting officers had observed any pedestrians being blocked by Phillips’ actions, and that he did not believe reactions from motorists who honked their horns was enough to prove his sign a dangerous distraction.
“I’ve been listening to both sides for clear signs that his actions were causing a significant problem for pedestrians and motorists,” Hill said. “Based on what I’ve heard, I can’t find that they did.”
Phillips’ attorney, William Auman argued that he was simply exercising his right to free speech and was targeted for the content of his sign. He said plenty of other legal activities are just as distracting to motorists.
“His activities were no more distracting than cell phones or bill boards,” Auman said. “They [the prosecution] didn’t even bring the sign to court, which could have given us a better idea of the situation. Their evidence clearly falls short.”
Assistant District Attorney Meredith Pressley countered in her closing argument that “the problem was not at all with his content, but his method of delivering it. He [Phillps] said that he chose this method because it gets a lot of attention, which distracted drivers from what should have been their primary duty of operating their vehicles. We’re not saying Mr. Phillips is a bad person, the officers said he was polite, but he did obstruct the sidewalk and endanger drivers at a busy time.”
Donations, many of them from local activists, paid the entirety of Phillips’ legal fees, which amounted to $750. Several sat in the court room, holding miniature American flags that they planned to cover their mouths with if Phillips was found guilty. Instead those flags ended up briefly waved in celebration when Hill announced his verdict.
Outside the courtroom afterwards, Phillips stood with his wife, Kendra Phillips, and their 7-year-old daughter, Oona.
“I’m very, very happy. This has been hanging over us for 7 months,” he told Xpress.
He said he intends to resume highway blogging in the future.
— David Forbes, staff writer
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Of course, the issue all along wasn’t Mr. Phillip’s exercise in free speech; it was the Asheville Police Department’s blatant disregard for Mr. Phillip’s constitutional rights and their subsequent arrest of Mr. Phillips on entirely fabricated charges. And just who is accountable for this bogus arrest and trumped up charges… possibly the Asheville Police chief who [now] tells us no public oversight is needed of his department? And while we consider this, let’s not forget the Buncombe County’s Sheriffs departments arrest (and then some) last year of the citizen who also dared to exercise his right of free speech when he flew the American flag upside down on his front porch as a sign of national distress. |
Donald De Bona Mar 06, 2008 |
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Very Good Donald you get it. The is permitted to be flown upside down in the US flag code under federal law The term officer is a total misnomer, they have no office created by the State legislature, nor are they officers of the court, another misconception, they are at best members of the executive branch, they do not have the ability to summons anyone to a court, as only judicial officials may do that. The reason they are called officers is because they are members of a Para Military organization, they also operate under a policy that they do not want you to know about called ‘THE USE OF FORCE CONTINUEM’ or response resistance policy. Under this policy, not law, they are authorized to use any force needed, up to deadly force in order to make you submit. They expect you to follow verbal commands; the whole operation is military in nature, afar cry from the cops of the past who were peace officers. |
Mar 07, 2008 at |
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dear Dr. A, thanks for letting me know that I “get it”. Btw, my comments are in no way an endorsement of yours despite your gratuitous and patronizing nod. You are way out there with your frothing conspiracy theory and let’s all hope you’re way off base too. |
Donald De Bona Mar 07, 2008 |
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Mar 08, 2008 at | |
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Although my sympathies align with liberals and the Democratic Party, I have to strongly disagree with the statements above by DR.ANTINEOCONUS (have I mentioned lately the double standard I feel is exercised on these forums by those who post incendiary comments under pseudonyms?) As to the signage issue described in the article, of course this makes me recall my own duel with the city regarding the PICNICS chicken suit incident that I was involved in. At that time, the Planning Commission attempted, with the threat of legal action, to shut down our practice of having the Chicken dance around in the parking lot and sidewalk of the Merrimon Avenue shop, claiming that when I donned the costume I became a “sign” which was outlawed by sign ordinances. Also, the officer of that department claimed it was a traffic hazard. After some legal intervening, the City decided not to pursue their claims, and we resumed our Chicken dancing. If the “DR.” above truly would like to see the tenor of the relationship between the police and the citizens improve, perhaps he would consider the effect of such statements as he has made on this page. Do you really think that kind of diatribe makes the treatment you desire more likely? |
Mar 09, 2008 at |
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Jonas Phillips is a patriot. The founding fathers would be pleased. It takes men brave enough to stand up to the oppression of misguided government officials to make democracy work. |
Mar 09, 2008 |
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Dear Jason |
Mar 09, 2008 at |
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Very good! Here is my bookmark of this post! http://www.searchallinone.com/Other/Wordorigins-org-1/ |
Conrad A Hayhurst May 31, 2008 |