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Old 03-11-2015, 07:49 AM   #114
Rusty
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Default Article in todays issue of the LDS

ACLU joins defense of man arrested at Alton meeting

By Gail Ober
THE LACONIA DAILY SUN

ALTON — The American Civil Liberties Union of New Hampshire is joining the battle against this town and its Police department for having Jeffrey Clay arrested for two counts of disorderly conduct at a February 3 selectman’s meeting.

In a letter sent to Alton Town Prosecutor Anthony Estee, ACLU Attorney and Legal Director Gilles Bissonnette said Clay’s First Amendment right to free speech as well as his right to the same under the N.H. Constitution Article Part I, Article 22 was violated.

Clay is also being represented by Chichester attorney Mark Sisti and his associate Jared Bedrick.

The first charge against him is one count of disorderly conduct for refusing to comply with a lawful order given by Chief Ryan Heath to move from a public place — Alton Town Hall.

The second charge is disorderly conduct for purposing causing a breach of the peace by disrupting an Alton Board of Selectmen meeting by continuing to speak after being informed repetitively by the board that public input was closed.

ACLU joins defense of man arrested at Alton meeting Video tape of meeting shows Clay sitting at the table during the public comment section of the meeting and using a timer to ensure he didn’t go over his five-minute allotted time to speak.

He told the selectmen they should resign for their “poor actions as selectmen” “poor decisions” and “continued violations of the citizens’ rights here in Alton.”

Heath arrested clay about four minutes into his prepared statement.

Bissonnette claims that his arrest not only violated both the U.S. and the N.H. Constitution but that the town engaged in “content-base and viewpoint discrimination” in suppressing Clay’s protected political speech. He also said the town violated it own policies by having him taken from the room and arrested.

Bissonnette also said Clay’s speech was not disruptive because his speech didn’t prevent selectmen from continuing with their meeting.

He urged Estee to review the precedents he outlined in his argument and dismiss all of the charges against Clay. He gave Estee until Monday to provide
Clay’s legal team an answer.
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