Thursday, February 07, 2013

City Broke Its Own Laws

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The Blaze couldn't have said it better so we have reprinted this article for you. It is exactly the kind of misuse of power that we have tried to convey to the Naperville community. And it highlights the hippocracy, the egotistical management of our city, and the overwhelming play for power that our local government is engaged in.


ANTI-SMART METER ACTIVISTS FILL CITY COUNCIL MEETING, SAY CITY BROKE ITS OWN LAWS ARRESTING TWO WOMEN
Feb. 7, 2013 3:37 pm / Liz Klimas

When we first reported on the controversial smart meter initiative taking place in Naperville, Ill., it was to tell the story of one of two women arrested for trying to prevent a new wireless meter from replacing an analog meter on her home. On Tuesday, the city had a council meeting where many against the meters and, more overarching, against the arrest and charges of the women aired their concerns. 

  

In a phone interview with The Blaze Thursday one of the Naperville Smart Meter Awareness leaders, Tom Glass, said it isn't even really about smart meters anymore.

"This has little to do with smart meters now," Glass said. "This is about an overbearing government."

Video footage of the meeting shows Glass addressing the city council, saying that the women - Jennifer Stahl and Malia "Kim" Bendis who were arrested Jan. 23 - were not only within their rights to film public employees conducting official duties but that their property rights were violated according to the city's own code.

According to the Chicago Tribune, Stahl was charged with misdemeanors for "interfering with police and preventing access to customer's premises" and Bendis, who is the president of the awareness group, was charged with "attempted eavesdropping and resisting a peace officer."

In the city council video and over the phone to TheBlaze, Glass explained that according to the city's code, public workers who have been refused access a homeowner's land need to obtain a warrant. According to city ordinance 06-278, 11-21-2006 in Article C Electric Service Rates, when inspections on private property are necessary, permission from the property owner will first be sought.

"If permission is refused, or if the owner or occupant is unavailable, the Director or his or her designee, with the assistance of the City Attorney, shall apply to the appropriate court for the issuance of an administrative search warrant," the ordinance continued.




It should be noted that ordinance 07-013, 1-16-2007 in the same Article C states that authorized agents "shall have free access to the customer's premises at all reasonable hours for the purpose of reading, examining, inspecting, repairing, replacing, or removing the Department's meters or other equipment or property."

To Glass, the fact that these women - and others who had meters installed when they were not home - expressly refused access to their yards - the gates of some residences were cut open to give city workers access - would constitute the need for a warrant for these employees to enter the premises.

"If you think this is OK, are you going to be OK when Mark Curren [(the Lake County Sherriff)] comes through your front door with a chainsaw to test out your new TV and microwave in the middle of the night? Where do you draw the line," Glass asked in his speech to the council, noting the portion of the code he believes would require a warrant when permission is denied. "Here's your code - you ignored it."

Watch Glass' speech:

Tom Glass Addresses Naperville City Council
Tom Glass Addresses Naperville City Council

As for Illinois Eavesdropping Act, which made it a felony to record conversations or actions of people without their consent, that Bendis was cited for as she filmed workers on her property, Glass pointed to several court cases within 2012 that deemed the act unconstitutional. In July 2012, a judge for the Circuit Court of Cook County ruled the law was unconstitutional, and in November the Supreme Court refused to hear an appeal of a 7th U.S. Circuit Court of Appeals' ruling that blocked enforcement of the law, Reuters reported.

Glass also called out inconsistencies of the council down to its not allowing residents to clap in support of what was being said Tuesday night. The Chicago Tribune reported that for 40 minutes residents issued complaints. One of them was Jerry Schilling who called for the firing of the city manager and said "as far as I know, we still live in the United States of America and not communist China," drawing cheers and clapping from the crowd during and after his speech. Due to this display Mayor George Pradel called for a five minute recess.

Watch Schilling's speech and Pradel's call for a brief break:

Naperville IL - Residents Confront Officials Smart Meter Arrests
Naperville IL - Residents Confront Officials Smart Meter Arrests

In the video showing Glass' speech, he brings up the issue of clapping and how it was allowed during other instances, which drew further applause as he left the podium. Mayor Pradel again said the meeting would "hold up for a few minutes until we quiet down."

But during his interview with TheBlaze, Glass pointed to another video showing where clapping was completely welcome in a city council meeting.

"It's hysterical to see the difference when it's something popular," Glass said. "When it's something they want, it's a different set of rules."

Watch Mayor Pradel draw laughs and applause himself, which doesn't go unchecked, in this video:

Mayor George Pradel Says Welcome To Naperville
Mayor George Pradel Says Welcome To Naperville

The fight against smart meters is over in a way, Glass said - "the meters are installed." But they've opened up what he believes is an even larger issue regarding the "bigger grasp of government and the loss of privacy in our personal homes."

As for what is being done going forward by those part of awareness group, Glass said there are some legal things in the works that he is not at liberty to discuss, but also noted that the experience he and others have had with the local government has prompted himself and Jo Malik to run for city council in April.

Glass said the group also hopes the state attorney will take action and investigate what some residents believe to be unlawful acts taken by the city.

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And if that didn't sum it up enough for you, check out this video:

Naperville Mother's Arrested During Smart Meter Installation 
Naperville Mother's Arrested During Smart Meter Installation


  

 
 
Continued letters to state and local government officials, news media, and posts on your facebook pages are all contributing to increasing media coverage on this event.  We request that you keep them coming.

Call Governor Quinn: 312-814-2121 
Call the ACLU 312-201-9750 
Call the State's Attorney: 630-407-6500 (DuPage Co) or 815-727-8453 (Will Co) 

  

National News: 

CNN 

CBS 

ABC 

FOX 

  

Local Illinois:   

CBS News 312-899-2222 or Breaking news Hotline 1-800-CH2-NEWS

ABC News 312-750-7777 Or Breaking News Hotline (312) 750-7070  

Trib Local: mjenco@tribune.com

The Patch: maryl@patch.com

Naperville Sun: hbeck1997@yahoo.com

Daily Herald: jkmitch@dailyherald.com



 
 Don't give up your rights.
 
City of Naperville = CON 
  
Don't be CONned or bullied into giving up your freedom.
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NSMA is a grass roots, community-funded organization that relies on donations from supporters like you to continue our mission of educating and advocating for Naperville residents and all of America to have the right to choose to retain their analog meters.

Help us raise $25,000 to support the active federal lawsuit filed in December 2011 and the volunteer efforts to educate the community.   

Please donate now.  Email NapervilleSmartMeters@yahoo.com to volunteer.
Naperville Smart Meter Awareness is a non-profit 501(c)(4) group of concerned citizens educating the public about the risks of wireless smart meters. We are comprised of lawyers, technology professionals, health advocates, accountants, business owners and parents in our community.
 
Smart meters are currently being installed in Naperville despite a complaint for federal injunction and on-going investigations by the Illinois Attorney General for Open Meetings Act violations by the City of Naperville in conjunction with this project.

Smart meters pose risks in the areas of privacy, costs, security, safety and health and are not a federally mandated program. Our mission is to educate the residents of Naperville by bringing all pertinent information to the public and in doing so, advocate for a smarter solution in Naperville.
Contact:
Naperville Smart Meter Awareness
napervillesmartmeters@yahoo.com
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