Perhaps Mr. Moyer is not aware of this, but the 14th Amendment to the
U.S. Constition is not a blanket prohibition against laws that govern
individual conduct. There is indeed a law concerning alcoholic
beverages in city-owned recreation centers, playgrounds and park
areas. I have reproduced a relevant portion of the Philadelphia Code
below. While I cannot comment on the appropriateness of his helper's
reported arrest, it seems clear that drinking downscale beer is
covered under prohibited conduct described below. Mr. Moyer seems to
be making a straw man of the UCD in the counter example he provides:
the person in charge of Clark Park may have provided written
permission to allow drinking at the Philadelphia Orchestra performance
in Clark Park.
§ 10-604. Alcoholic Beverages. 96
(1) Definitions.
(a) Alcoholic Beverages. All "liquor" and "malt or
brewed beverages" as defined by the Pennsylvania Liquor Code, 47 P.S.
§ 1-102.
(b) Public Right-of-Way. All public streets, alleys,
sidewalks, steps and other corridors through which either vehicles or
persons may travel, including motor vehicles parked within such right-
of-way.
(2) Prohibited Conduct.
(a) No person shall bring onto any city-owned
recreation center, playground or park area, with the exception of
Fairmount Park, proper, or drink thereupon an alcoholic beverage
unless such person has written permission for that purpose from the
person in charge of the City facility.
(b) No person shall consume alcoholic beverages or
carry or possess an open container of alcoholic beverages in the
public right-of-way, or on private property without the express
permission of the landowner or tenant, except that this prohibition
shall not apply to alcoholic beverages consumed in the public right-of-
way as permitted under Chapter 9, Section 208 of The Philadelphia Code
entitled "Sidewalk Cafes" or to block parties held under special
permit issued by the Street Department and in accordance with
regulations issued pursuant thereto.
Elliot M. Stern
552 South 48th Street
Philadelphia, PA 19143-2029
United States of America
telephone: 215-747-6204
mobile: 267-240-8418
[email protected]
On 25 Oct 2009, at 9:24 AM, Glenn moyer wrote:
14th Amendment of the Constitution of The United States of America:
Section. 1. All persons born or naturalized in the United States and
subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection
of the laws.
One of our neighbors rang my door bell Thurs. night. He was
scheduled to help me with a job Friday morning. But he had to
cancel and go to court. Three people had been rounded up in Clark
Park, cuffed, and taken to 55th and Pine.
Earlier the same day, a friend told me that others had recently been
arrested as the volleyball players watched. All of these local
residents were sitting peacefully drinking a downscale beer! When
my helper offered to dump out the beer to avoid arrest, the cops
told him, "there are people around here with a lot of money and
power." Then they cuffed him.
Many of you will remember the UCD regional marketing campaign
encouraging suburban folks to bring wine to Clark Park for the
orchestra. Here is one example:
http://phillyist.com/2007/07/20/get_classic_in.php
In addition to a hefty fine, my helper will need to wear the orange
jumpsuit and work for the very same UCD under the threat of an
arrest warrant if he refuses. (UCD was previously caught using
these probationers for election work in violation of federal law.)
Our neighbor described the humiliation of being arrested, cuffed,
and taken away in front of neighbors and friends in the community in
which he has lived for 20 years! Think of the next humiliation, over
two days, as he works in the chain gang in front of us in his orange
suit!
( My helper and the other guy walked the third victim home because
he was traumatized and having serious anxiety trouble as a result of
the events. Thank God for honorable downscale citizens!)
Think of this! UCD advertises around the entire region that wealthy
suburbanites are encouraged to bring upscale wine to Clark Park.
(Many of us attended the orchestra and watched the wine flowing
freely. We watch students regularly bring wine and houkas with
their picnics in Clark Park.) But our hard working neighbors are
traumatized, fleeced, and then forced to work in the chain gang for
the very same UCD, or face jail.
In the same jurisdiction, middle and lower class citizens are now
arrested and enslaved for the same privileges enjoyed by the wealthy
and powerful. UCD and these good people with money and power piss
on the US Constitution. The poor and middle class are no longer
considered US citizens. They have been criminalized.
Here is what Asians face:
http://news.yahoo.com/s/ap/20091025/ap_on_re_us/us_police_beating_video
Waiting for my orange suit,
Glenn
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