Save the Right to Peacefully Petition
Save the Right to Peacefully Petition
My name is Nicolas Ricardo Guillermo, born July 22, 1982. I am a professional paid petition circulator and so I circulate petitions for a living. Three days after my 37th birthday I was petitioning where my free speech rights should be protected, where I should not have to be detained, where I should have been able to circulate an initiative or referendum based on what I know to be true.
This resulted in my arrest and my car was nearly towed if I had not posted bail. I returned promptly to work to pay off my bail and begin research for my court case.
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.
Because of ALbertsons laywer, John Dahlburg, I'm not allowed at any Albertsons, Vons, Safeway, Ralphs, Luckys and many other markets worldwide so I hear from police. They still have not given me anything official but a court date on the 26th of August, 2019.
I lost 30 hours of my life and pay I would have received for my work if I would have not been put in jail. I feel this incident may have been unlawful because I received no notification of any restraining order signed by a judge or that I signed confirming awareness of any court date or restraining order.
I’m shocked this could happen in the USA where I fight so hard everyday to engage people in the civic process so we can have a chance to improve our nation. If we can’t do this work without being scofflaws, running from police on the edge of the law the message that says about our rights is that they will begin to erode very quickly.
The police gave me misleading information multiple times and in a related incident, they intimated they reviewed all the data on my smartphone without my consent, violating my 4th amendment. First they said I had a warrant for missing court, in the end they said I had a restraining order against all supermarkets tied to their stores. https://en.wikipedia.org/wiki/Albertsons
In some cities that require signatures for people’s ballots, these markets and the malls they reside in are the only legal places to petition. Door to door is so inefficient it’s arguable that no Statewide campaign could ever get to the ballot by door to door alone and if they could do this to me, what’s to say they couldn’t do it to all petitioners, and then all stores could do it to all petitioners completely ending the initiative process in California.
They did not give me any slip of paper with any documentation to what I was in jail for, just a slip of paper with a court date August 26th at the Dublin Courthouse at 9:00 am.
These are my sides of my case.
I have a right to petition.
In American constitutional law, this case established two important rules:
under the California Constitution, individuals may peacefully exercise their right to free speech in parts of private shopping centers regularly held open to the public, subject to reasonable regulations adopted by the shopping centers
under the U.S. Constitution, states can provide their citizens with broader rights in their constitutions than under the federal Constitution, so long as those rights do not infringe on any federal constitutional rights
Trespass code does not apply
602-o (formally c-2) giving exemptions to those engaged in activity protected by the california constitution.
Notice below that not only is there an exemption for me in the trespass code but there is also a limit to how many times this trespass code may be applied to individuals to likely prevent it from interfering with free speech or other discrimination.
Notice how this law says not more than a single call in 30 days during operating hours and not more than one a year during non-operating hours below.
This is important because being harassed by police often happens multiple times a day and for days on end.
Also note how this section does not apply to people in labor unions. This is important because the lawyer John Dahlburg always sites a Ralph’s case where he says he has a right to issue a Civil Trespass.
California 602 (o) Refusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested.
However, a single request for a peace officer’s assistance may be made to cover a limited period of time not to exceed 30 days and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property.
In addition, a single request for a peace officer’s assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed.
The requestor shall inform the law enforcement agency to which the request was made when the assistance is no longer desired, before the period not exceeding 12 months expires.
The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
However, this subdivision does not apply to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act.
For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision shall not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any law or ordinance.
Then there is the Anti Slapp Act which reads as though it’s here to protect me from vexatious litigation.
Anti Slapp Act
Code of Civil Procedure section 425.16
California’s anti-SLAPP statute provides for a special motion to strike a complaint where the complaint arises from activity exercising the rights of petition and free speech.
Code of Civil Procedure – Section 425.17 Exemptions to California’s Anti-SLAPP
Code of Civil Procedure – Section 425.17.
(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16.
I believe Albertsons corporation and John Dahlburg, their lawyer. committed a crime
Section 18620-18622 of the California Elections Code that is part of the laws governing the initiative process in California says:
Every person who seeks, solicits, bargains for, or obtains any money, thing of value, or advantage of or from any person, firm, or corporation for the purpose or represented purpose of fraudulently inducing, persuading, or seeking the proponent or proponents of any initiative or referendum measure or recall petition to (a) abandon the measure or petition, (b) fail, neglect, or refuse to file in the office of the elections official or other officer designated by law, within the time required by law, the initiative or referendum measure or recall petition after securing the number of signatures required to qualify the measure or petition, (c) stop the circulation of the initiative or referendum measure or recall petition, or (d) perform any act that will prevent or aid in preventing the initiative or referendum measure or recall petition from qualifying as an initiative or referendum measure, or the recall petition from resulting in a recall election, is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the state prison 16 months or two or three years or in a county jail not exceeding one year, or by both the fine and imprisonment.
I will tell you all I know and everything that happened.
For years they have been trying to get me for something and said they filed a civil trespass on me but they would hand me documents that looked official, yet they were never signed by a judge.
I don’t even know what county I missed a hearing for. I can guess but I don’t have access to look that up as even at the courthouse they only let you see the county for which you are searching and I have no history of breaking the law.
Please tell Albertsons to drop all charges against all petition circulators and let us work to help people have ballot choices instead of blocking free speech.