The Mudcat Café TM
Thread #151586   Message #3539864
Posted By: JohnInKansas
20-Jul-13 - 07:10 PM
Thread Name: BS: Stand Your Ground
Subject: RE: BS: Stand Your Ground
An application of Kansas' Stand Your Ground Statute:

My little village of course has a Municipal Code. The Code claims numerous "privileges" that are clearly illegal and unenforceable.

Unfortunately, the current "Code Enforcers" were all trained by "Dennis" who was a supervisor in that department for ten years, and have been taught that "punishing people is FUN." The result is that they consistently and deliberately misinterpret the existing code, make claims of "Code violations" that do not exist, and claim the right "at any time and for any purpose" to enter any private property.

The US Constitution, the Kansas Constitution, Kansas Statutes, and County Codes and Ordinances make it quite clear that NO ENTRY IN OR ONTO A PRIVATE PROPERTY IS LAWFUL EXCEPT WITH THE PERMISSION OF THE PROPERTY HOLDER. Any other entry requires a warrant or court order, and municipalities and/or municipal courts are SPECIFICALLY PROHIBITED from issuing any such warrant or order in both State and County Statutes.

After each of three fraudulent claims of "violations" that do not appear in the Code I visited the city office to try to find out what I could do to cooperate with what the city expected. At each visit the same two "officers" assumed what they considered an "intimidating stance," repeated multiple vague threats, refused to permit ANY QUESTIONS, and concluded with "We can find lots of things to charge you with" and then grinned (and almost giggled) at each other.

In the third instance of fraudulent claims and threats, they surreptitiously invaded my yard, causing not less than $1,000 in damage to the existing lawn (according to the lawn care company I consulted), did NOTHING to remedy the "violation" they falsely claimed had existed, and made ruts in the lawn that broke a wheel bearing on my mower the next time I mowed properly.

Then they sent me a bill for their "services."

The invasion of the property was a Criminal Trespass (Class C Misdemeaner, 30 days in jail and up to $500 fine) and the "demand for payment," having no lawful basis was in fact a Criminal Extortion (Class B Felony). Just like your average street gang protection racket.

While the Kansas "SYG" statute wouldn't (I assume) allow me to shoot them the next time they make a similar criminal invasion, it does permit me lawfully to say "GET THE F**K OUT OF MY YARD."

(Given their past record of abuses, they'd probably beat the crap out of me, but I'd be on firm legal standing.)

An interesting history of their teacher, Dennis, and of some of his little personality quirks that he passed on to the current city agents, is at Wikipedia.

Or just search for "BTK."

The city doesn't appear to think there's anything wrong.

John