On Sat, 19 Feb 2000 14:28:18 -0500, Bob Minton <bob@minton.org> wrote:

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>When a judge is more interested in basking in the lights of the media than
>the First Amendment, you get this type of crap which is shown below. Judge
>Penick has shown by this travesty that the Constitution takes back seat to
>his ego. I think it's time for Penick to step down from this ongoing circus.

For those who haven't yet seen the most recent effect of Judge Penick's ruling, see Mark Bunker's post under the subject heading "The XENUTV-mobile and white lines." In summary, Mark drove down Watterson Avenue shortly before noon today to go to work. Of course, he drove across the white lines to get to our office, because there is no other way to get to our office. A few minutes later two police officers -- the C of S's hired off-duty policemen -- arrived at our office and informed Mark that he is forbidden to use Watterson Avenue to come to work during the times set forth by Judge Penick when the white lines are in effect.

Mark called me, flabbergasted, and told me what had happened. I told him to write a report about the whole thing and get the names of the two police officers who had come and told him he couldn't drive to work. I knew where the two officers had gotten the idea that they should do this. Heraldo Avila, the OSA operative who is now assigned to stay with the police whenever they are at the white lines, undoubtedly insistd that Mark's driving to work was a violation of the judge's order. The police wouldn't have come up with this on their own. I was angry that the police had gone along with him, but I was sure we would be able to sort it out by speaking to the sergeant on duty.

I got to the office about twenty minutes after Mark called me. I wondered if Avila would convince the police not to let me drive across the white lines because the LMT is enjoined and I am an agent of the LMT. But they let me through. By then Mark had finished his report and printed it out for me. I took it into my office and called the Clearwater Police station and asked who was the sergeant on duty. The police officer who answered the phone said the sergeant on duty was Sgt. Zegzdryn. I was happy to hear it, because from my earlier dealings with him I had felt that Sgt. Zegzdryn was a reasonable fellow. The police officer said he would have Sgt. Zegzdryn call me.

A few minutes later he called. I told him what had happened, and he immediately replied that he did not think Judge Penick had meant to keep any of us from driving to our office. He asked me to give him some time to review the ruling and let him get back to me. I thanked him and we hung up.

In the meantime I tried to call our First Amendment attorney but he was not in his office. I tracked down Ken Dandar and told him what had happened. He said we would have to go before Judge Penick to get him to clarify this if Sgt. Zegzdryn upheld what the two police officers had done. Of course, it is a three-day weekend so no one can reach the judge until Tuesday at this point.

A few minutes later Sgt. Zegzdryn called me back. His tone of voice was totally different. He told me that he had reviewed the judge's ruling and he had to uphold what the officers had done. None of the enjoined individuals will be allowed to walk or drive across the white lines during the hours set forth by Judge Penick. I was stunned by what he said. I had honestly thought this was just two police officers being overly anxious to abide by what Avila was telling them to do. But now I realized that the entire police department will enforce Judge Penick's ruling this way. Bob, Grady, Jesse, and Mark will not be allowed to drive to work from 8 :00 to 9:30 am, from 11:45 am to 2:30 pm, and from 5:30 to 8:30 pm.

Our office hours are 9:00 am to 6:00 pm. But these four individuals cannot keep that schedule because Judge Penick's ruling forbids them from driving to work at those times. I consider this a clear and flagrant violation of their constitutional rights.

Step by step, an inch at a time, the Church of Scientology is drawing Judge Penick and the Clearwater Police Department into its web of deception and manipulation. Their policy is to use the legal system to destroy their enemies, and Judge Penick and the police are falling right into the trap.

Hopefully this latest violation of our rights will be outrageous enough for Judge Penick to realize that his order plays right into Scientology's hands. In the meantime, we intend to use all legal means available to us to get our rights back.

The positive side of this is that the more outrageous Scientology's conduct becomes, the more chance there is that the public at large will realize that something has to be done about the Church of Scientology. Let's hope it happens soon.

Stacy