In recent months, the Sunflower Community Action group has performed a public service by pressuring city officials to do something about neighborhood blight. But the group crossed a line of civility and privacy in December by picketing at City Manager George Kolb’s house, trying to goad him to act on a notorious dump in northeast Wichita. Protesters left signs at his house and upset Kolb’s wife (he wasn’t home).
Although Sunflower members insist the protest was brief and orderly, it wasn’t a smart or necessary tactic.
But now the city seems to have overreacted by pursuing trespassing and illegal dumping charges against four members of the group that could lead to fines and jail time. Kolb has reason to complain, but is this really a good use of city resources? "If it happened at anybody else’s house, we would have followed the same procedure," claimed city attorney Gary Rebenstorf.
Why is that hard to believe?
What’s ironic is that both sides share the goal of ending blight. Instead of using personal and petty tactics against one another, why don’t Sunflower and Kolb agree to sit down and reason together in the larger interests of the city?
Posted by Randy Scholfield
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96 Comments
I think it’s absurd that he’s complaining of a few signs left on his lawn for ONE day when the other people had to live with filth for so long.
The actions seemed to have worked though. Maybe he’ll be quicker to take the complaints seriously.
And yes, he needs to let it go.
No one is above the law. Perhaps, next time they will think first.
Kolb is an ineffective clown. He should be fired.
The rumor mill has long alluded to the “fact” that Mr. Kolb is mean spirited, arrogant and petty. Perhaps, this lends credibility to their claims.
I agree Craiger. Two wrongs do not make a right.
Oh, brother, “they left signs on his lawn.”
Are you KIDDING ME?
If people hadn’t pressured public officials with civil disobedience, sit ins, marches, boycotts, and freedom rides, George Kolb would still be riding in the back of the bus.
Please tell me this man is not a Democrat.
He was the Jan 5th speaker at the Pachyderm Club (Republican).
Heh, go figure.
Using the club of big government to silence the people’s right to be heard and to petition for redress.
While at the same time mouthing platitudes about small government and freedom.
Yup. That’s about right . . .
We’ll see if this is a procedure followed universally. I believe I’ll claim criminal trespass and illegal dumping when his representative comes to tuck an election pamphlet into my door. According to the above ethic, the cops will have to handle my complaint seriously.
I do not believe he has any more right to campaign than I have a right to demand accountability of his chosen “profession.” What is really being pursued here?!
He is no different than a pretentious Paris Hilton whining about his paparazzi and how he wants attention only on his terms.
Kolb is a big baby, as well as being the poster child for the “above it all” ownership class that rules Wichita.
Here’s hoping that the voters of the city remember this petty and vindictive use of PUBLIC FUNDS to make an example of private citizens who dare to hold elected officals accountable.
“Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First Amendment privilege of peaceful assembly and protest.”
Martin Luther King, “Letter from a Birmingham Jail”
neg,
Great point with respect to campaign literature! In fact, by this reasoning, it would follow that leaving campaign literature would be even more egregious since the average joe is a private citizen, whereas Kolb is a public figure.
Dear members of Kolb’s staff: if I receive any literature from Mr. Kolb in a future campaign, I suspect I won’t be the only one to file a formal complaint. Could add up to a lot of campaign funds.
CF–I think city manager is an appointed (not elected) position. Could be wrong–maybe somebody knows for sure.
Anyway, I hope he’s keeping his resume current. Once Wichita DUMPS MAYANS, there may be a few others looking for gainful employment.
I know!
He and Phill Kline and Kline’s nephew can start a small business. Conservative greeting cards or something . . .
City Manager is appointed by the Council, not elected.
No, Kolb is not elected. He’s hired. Like Rebenstorf.
Ya know what’s missing here? We need email contact info for Kolb and the city attornery. You know, so we can email and demand these charges be dropped? I may have to see if I can find that later….
Randy asks, “why don’t Sunflower and Kolb agree to sit down and reason together in the larger interests of the city?”
Usually it’s because the city officials don’t want to talk to grassroots organizations (esp. those that don’t contribute to campaign coffers).
Consider City Council member Sharon Feary who was the target of a protest in 2004. She admitted in the linked article that she had REFUSED TO MEET with the group.
As King writes (from “Letter”),
You may well ask: “Why direct action? Why sit-ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling, for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, we must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.
*****Our society epitomized by Kolb wants to put King on a pedestal and “worship” him, just so long as we don’t ACT on his ideals.
And guess what, the huge junk pile in front of the slum-lord’s house has — SURPRISE, SURPRISE — been taken care of since Sunflower’s direct action.
Just coincidence, I’m sure.
Damned right J R. If we can get e-mail addresses we can inform our “public servants” that they need to be more responsive and less vindictive.
I am game!
They had a right to protest, but not to trespass on private property or leave their signs. I think the signs are a petty point – but the trespassing isn’t.
Just as in their nutty “Summer of Mercy,” the Operation Rescue people were arrested and charged with trespassing, so should these protesters.
The laws apply to all, not just a select few.
They will probably get a slap on the wrist, and next time they go out and protest, they will stay on safe ground.
http://www.kansas.com/mld/kansas/news/16718708.htm
CF is SUCH a neophyte ’round these parts. He don’t know NOTHIN’ about Wichita’s civic structure.
Talk about zero accountability. Just how the city fathers of Wichita like it.
Actually, it’s even worse: the City Manager is selected by a Citizens’ Advisory Committee.
http://www.wichitagov.org/News/Announcements/2004/01-20-2004a.htm
Here’s the list of folks who picked George Kolb (story is from 2004):
“Wess Galyon, Wichita Area Builders Association
Dr. Ron Waln, Wichita Independent Business Association
Ed Wolverton, Wichita Downtown Development Corporation
Charlie Rivera, Hispanic Chamber of Commerce
Dr. Donald Beggs, Wichita State University
Bob Wine, Wichita Independent Neighborhoods, Inc.
Bryan Derreberry, Wichita Chamber of Commerce
Mohan Kambampati, Indo-Chinese Cultural Center
Dr. Biff Green, Friends University
Aidan Dunleavy, Newman University
Winston Brooks, Wichita Public Schools
Bill Buchanan, Sedgwick County
Steve Martens, Greater Wichita Economic Development Council
Kevin Myles, NAACP
Doug Pickard, appointed by Mayor Carlos Mayans
Joan Cole, appointed by Vice Mayor Sharon Fearey
Rev. Lincoln Montgomery, appointed by Council Member Carl Brewer
Jim Skelton, appointed by Council Member Phil Lambke
Dr. Joe Pisciotte, appointed by Council Member Sue Schlapp
* Bill Warren, appointed by Council Member Paul Gray
Jim Holt, appointed by Council Member Bob Martz
* Ed Flentje, appointed to be chairman of the committee
* Appointments will be formalized at the next City Council meeting.”
I take it this list is a mixture of at-large members, and then some who are appointed by each Council member.
Can anyone tell me who oversees the City Manager, and who he reports to? Is it the mayor?
Just goes to show, the peons can live with rubbish and blight next door for decades, but don’t leave any trash at the “Mans’” house!
Just goes to show, the peons can live with rubbish and blight next door for decades, but don’t leave any trash at the “Man’s” house!
It doesn’t say whether this is going to District or Municipal Court. It would seem that if it is Muni then there is a conflict of interest in that the judges are City employees.
Is this the same group that was protesting to get in-state tuition rates for the children of illegal aliens?
Mr. Kolb is a human the same as all of us and should have life after 5 pm.
GSheridan,
And that has…what, precisely, to do with anything?
Ben, I suspect this to be a misdemeanor/Municipal Court matter. As such, there is a distinct potential for it to be tried before an ‘outside’ judge.
Kolb is truly wacko.
He wants to draw attention to a huge hypocritical incongruity– pursuing “illegal dumping” charges to the full extent of the law for 11 poster board signs left on his porch while having ignored a twelve foot high stinking pile of trash and garbage that graced Volustia neighborhood for the better part of a decade.
He apparently thinks that a smart PR move.
Pride goeth before a fall . . .
George Kolb’s e-mail: GKolb@wichita.gov
Gary Rebenstorf’s e-mail: GRebenstorf@wichita.gov
These are publicly available on the city’s web site.
CF – because that means they are seasoned protesters, they should KNOW not to trespass.
At first, it appeared as though this was just a neighborly spur-of-the-moment group that went to Kolb’s home. But it wasn’t. These folks regularly send busses up to Congress to protest loans, tuition, and other things.
Anyone who breaks the law should be held accountable.
If they are allowed to protest – next year Operation Rescue will be back demanding to a ‘right’ to trespass and stand right on Tiller’s doorstep.
The law is the law.
Maybe they will learn a good lesson from this.
I guess what surprises me is that Kolb doesn’t drop the charges and make a deal about being ‘gracious’ and a nice guy. As capn notes, this is likely to blow up in his face.
Hey thanks the email addy.
But you can also bet fairly confidently that Mr. Kolb is reading this thread. Or perhaps he is having a staffer monitor it.
Mr. Kolb or Mr. Kolb staffer?
Mrs. Kolb?
I apologize for calling Mr. Kolb an indffective clown upthread. It was a case of judging a man by his actions.
Or rather a lack thereof.
These folks you have charges against, did they misbehave? Yes.
But did their misbehavior get you to do the right thing? YOU know, your job? Apparently so.
Sir? I think you are reading here a general concensus that charging these folks with a crime is beyond petty. It smacks of someone who is smarting from being MADE to toe a line he was not toeing.
Not a healthy image for someone interested in a career in public service.
Please find it in your heart to forgive these folks for helping you to do your job. Please drop the charges.
Thanks,
Yours with conditional respect,
J R
If he doesn’t want the next grassroots movement to be finding his replacement, I’d suggest he back off.
Mr. Kolb, you should have quietly picked up the signs and asked a group representative to please not litter. (In a polite manner)And then……..enforced the law without causing another PR nightmare.I would say that an effective administrator in Mr. Kolb’s position should plan on spending 3/4 of his time on PR.
Defending the indefensable is what this thread is.
It’s all good in LibWorld.
Sunflower did the same exact thing at the state capitol..I was there and saw them leave their trash piled up at an entrance to the building. These people have absolutely no respect for private or public property and need to be taught the law applies to everyone.
They were also extremely rude, shoving and pushing people out of their way in the capitol buidling.
This is a group of rabble that needs to learn there are laws to follow, whether they like them or not. They are not “special” nor are they above the law…whether littering or anything else.
If they don’t like being charged, then don’t break the law. Simple.
In answer to your question above, CF, the manager is hired by the city council. The mayor is not his boss, the council is. The mayor is simply a council member at large. He has no veto power, he has no special authority other than chairing city council meetings.
“Yeah, de’ just bees po’ folks what don’t know their place.” Haven’t I heard that one someplace befo’?
How long should the mess at 10th and Volusia been allowed to remain raptor?
JR: Damned good point.
So, JR..two wrongs make a right?
And, you are assuming that G. Kolb is personally responsible for the legal delays in addressing that house problem? I doubt that Sunflowers group had anything to do with the City actions. Consider, if G. Kolb is so vindictive AND is personally responsible, the LAST thing he would have done was made sure that house was cleaned up.Your opinions are not legal interpretations..the law is clear that two wrongs do not make a right. Maybe next time they shove people out of their way the will be charged with assault. And, of course, you can defend their actions there too.
When I drove into Wichita today, I saw a population sign ca 440,000. That’s a big number.The reports are that New Orleans currently has about half its pre-Katrina population of 453,000. Wichita, you’re a “Big City” now. So, are you going to stop acting like a “little hick town”?
No, Raptor, Mr. Kolb is not completely responsible. Those problems being addressed had earlier been completely ignored by former City Manager Chris Churches. Remember, “De just bees po’ folk….”. Probably don’t even vote and are on welfare.
Raptor: If you are so concerned about the legal interpretations, have you looked at the current City Ordinance? Does it still include the provision the property must be posted “No Trespassing” or did Mr. Kolb’s wife ask the protesters to leave and they refused? Just a couple questions ? Just know what you are talking about before you start espousing legal interpretations. Fair enough ?
Interesting question rm. Trespass is an issue I am concerned with on the River Access project. If I walk onto your property – not crossing any fence – am I trespassing? Was the politician who came to my door yesterday trespassing? Is my neighbor’s little girl trespassing when she cuts across my yard?
I think the answer to all these questions is NO.
So do I, Ben … so do I.
There are times a protest is needed to move the authorities to act, but it also should be done within reason. G mentioned the “summer of Mercy” though to me operation rescued did far more damage to their cause with it then good. They had a right to take a stand for what they believe. But when they started protesting outside a private residence, they step over the edge.
Like wise here, by all means protest outside of city hall but taking it to a private residence is wrong and should be punished.
Legally, I think anytime anyone is uninvited on another’s property it is probably trespassing, but I doubt many would ever pursue charges.
But I think the judge will look at ‘intent’ here. Obviously, Kolb’s were not inviting the protesters – and, were they given a heads-up probably would have told them NOT to come on their property.
Was their intent one of charity, friendship, or congeniality? Nope. It was to intimidate. I think that makes a pretty good case for trespassing.
They KNEW they were not welcome there.
They should have stayed IN the street, and they should have taken their signs with them when they left.
Kolb’s wife was probably upset. She didn’t deserve that.
WD: How is your wife’s recovery coming? I absolutely agree with you about Operation Rescue at Tiller’s office, but comparing this handful of people for what appears to be a short period of time (less than an hour and one time and one time only) with Klineskooks is neither realistic nor appropriate. Kolb (as his successor) appears to be unconcerned with these peoples’ long term problem, and they were not rude or threatening (as far as I know), and they actually finally got a little progress going. That’s not all bad.
I think we must consider what the hell we would feel if it was next door to our home and no one would do anything? Probably, in my case, something much worse than leaving a sign on someone’s lawn. Their frustration is certainly frustrating.
GS: We don’t give a rat’s ass what your opinion of trespass is. What does the ordinance say? Does it fit the putative “crime”? For what it’s worth though, we don’t give a rats’ ass what my opinion is either. What does the ordinance regarding “criminal trespass” say? How does it apply?
Who else gets the feeling that if Sunflower Community was protesting, say, illegal immigrants or supporting the Iraq War surge, the reich-wingers like Peckerwood and Raper would be all for them?
Free speech doesn’t mean speech you agree with.
As for the “pushing and shoving,” I really doubt that. Usually, it’s the counter-protestors who are into that, trying to provoke an incident.
Capn: “Who else” (using your words) would have ever thought that you and I would ever agree on anything? It’s beautiful outside today (for a change), but, certainly, hell has frozen over! Have a great evening! :)
I’m not a Kolb fan but, If you’re gonna do a protest, do it at the City building and not in the man’s front yard!
Why, is that so hard for people to understand? I don’t blame the man for taking action thru the court.
Anybody else wonder where the hell Raptor and GS go when they’re called on the carpet? Maybe it’s just dinner time? Maybe it’s just me?
James: Why not? What’s the difference? But, back to the point, where’s the “crime”? The ordinance, remember? Your opinion is as worthless as GS or mine? Show us the ordinance.
Thanks, rm. You lean conservative, but old-school, Goldwater conservative.
I can respect that.
Not like these hate-speech ditto heads.
And listen to the wingers whine: the personal responsibility party can’t handle it when ONE OF THEIRS gets asked to be responsible.
They protested at THE GUY’S HOUSE, oh the humanity, the bad manners, the sheer chutzpah!
Anybody else but an arrogant ass would have just talked to them . . .
Capn: That’s what us old Goldwater rightist farts are, my friend! :)
I think they had tried the protest at City Hall route – to no avail. Perhaps Kolb should have done his job in the first place.
rm she is doing good and ever day is moving back to taking the reins of being the boss of the house.
Public affairs should remain public. I do not know the wording of the ordnance on trespassing. But here is an example of how it does work. Do you have city owned utilities? If so did you know you have given the Police permission to come on your property anytime they want? Part of your agreement to have city utilities is that you will allow city employees to come on your property anytime day or night. That includes the Police as they are city employees. Otherwise they are could be charged with trespassing and could be charge with the crime if they refuse to leave when asked to. There is an exception to that if the officer perceives there is a danger to person or property. The officer can remain until a warrant can be obtained, though only in the case where a person is endanger can they take action to enter your home without your permission .
Otherwise it is my understanding that only if the person refuses to leave your property once asked. That they can be charged with trespassing if the property is not signed with a warning of no trespassing.Now as to this case, it would also be prudent to know if the protester were on the city easement. In case you or others were not aware, there is a section of your property in the city of Wichita that is city easement, that you can not legally place any obstructions on such as a fence. This makes it city property and like city hall public access.
rm- remember AuH2O?
wd – good to hear. It is amazing what the surgeens can do these days.
City Code
Section 5.66.050 Criminal trespass.
Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by a person who knows he/she is not authorized or privileged to do so, and:person enters or remains therein in defiance of an order not to enter or to leave such premises on property personally communicated to such person by the owner thereof or other authorized person; orpremises or property are posted in a manner reasonably likely to come to the attention of intruders, or are locked or fenced or otherwise enclosed, or shut or secured against passage or entries; or(c) Such person enters or remains therein in defiance of a restraining order issued pursuant to section 5, section 6 of SB 474, K.S.A. 60-1607, 60-3105, 60-3106, 60-3107, K.S.A. 38-1542, 38-1543, or 38-1563, and any amendments to said statutory sections, and the restraining order has been personally served upon the person so restrained.(d) Entering or remaining upon or in any public or private land or structure in a manner that interferes with access to or from any health care facility by a person who knows such person is not authorized or privileged to do so and such person enters or remains thereon or therein in defiance of an order not to enter or to leave such land or structure personally communicated to such person by the owner.(1) As used in this section:(A) Health care facility means any licensed medical care facility, certificated health maintenance organization, licensed mental health center, or mental health clinic, licensed psychiatric hospital or other facility or office where services of a health care provider are provided directly to patients.(B) Health care provider means any person: (1) Licensed to practice a branch of the healing arts; (2) licensed to practice psychology; (3) licensed to practice professional or practical nursing; (4) licensed to practice dentistry; (5) licensed to practice optometry; (6) licensed to practice pharmacy; (7) registered to practice podiatry; (8) licensed as a social worker; or (9) registered to practice physical therapy.
(e)Any person who commits a criminal trespass within the corporate limits of the city of Wichita shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or imprisonment which shall not exceed six months, or by both such fine and imprisonment.
(f)conviction of subsection (c) of this section, a person shall be sentenced to not less than forty-eight consecutive hours of imprisonment which must be served either before or as a condition of any grant of probation, suspension or reduction of sentence.(Ord. 45-356)
WD: Great news about the bride. But, at her worst, in the hospital, she was still running the show. She just didn’t have time to keep you informed.
Yes.the easement is public property, and who knows where the people were?However, the Beagle questions evade all that knowledge. My point is simply that (a) nobody is citing the ordinance, and, since you brought it up, (b) nobody’s got the WPD report. Before we start making judgments, why don’t we wait for that information. I don’t see anyone with a checkbook saying, “Hey, go find out!” Cold, but true.
Ben: He was my hero! :)
I used to have an elephant with black eyeglasses. Remember them? (we are showing our age)
WD: Good work. OK, apparently they have taken the “posted” part out that used to be there — still have the question of whether or not they we asked to leave, and whether they were in the easement??? Don’t have a clue. But, having said all of that, it is much ado about nothing, except to the accused, and Kolb can turn this into a PR masterpiece or a PR disaster — looks like his choice. Frankly, I don’t give a damn, but, perhaps, he should.
Yeah, Ben, I do, but I never had any … and I’m not the one with the Ph.D.!!!!!!!! Damn, that’s frightening, buddy !!!! :)
So true rm – he just comes across as mean-spirited. The situation Sunflower was protesting was absolutely inexcusable. I have not seen any evidence that they caused any damage, were there very early or vary late. Kolb, as a very highly paid public executive should accept this as going with the territory.
Ben: I agree, 100% (at least at this point), and VT and I both managed to get somebody else to look up the damned ordinance! Thanks, WD!
“called on the carpet”? Sorry, I have a life outside of this blog, and I don’t monitor it minute by minute.
I still maintain that if Kolb was personally responsible and as vindictive as claimed above, then he would have made sure that house was never cleaned up.
Go ahead and doubt all you want, Capn. I was in the capitol building on February 6 and saw the sunflower group shoving people out of their way. Doubt all you want…but if you were not there, you have no clue. As usual.
Raptor: I don’t care if you were at the Capitol. Were you at the Kolbs’ residence? If not, everything else you are spouting is bullshit, and, by the way, inadmissable.
BTW. 24 is on. I’m being “botted” every time I try to post anything, so screw it. No offense intended, but I am out of here,
Raptor IS Full Of IT!
Show me the proof of which you say signs were left or people were pushed. The Topeka rally was taped by several people and I never once after reviewing the tape saw anyone pushed or shoved. There were also several police there and this was never reported to them. So to raptor I say shut your mouth unless you know this to be a fact! dont try to discredit this group, Thats unfair. Sounds like you may have something personal against this group. Lets not believe hear say because that’s all it is is hear say.
It is funny to see all the right wingers suck up to the government
“then he would have made sure that house was never cleaned up.”
It’s my understanding–and I didn’t follow the story all that closely–that the neighbors complained to the City for a long time about the vacant house. The owner told the City that he would pay to have it cleaned up, but that he could not do it himself. The City (Manager?) pretty much ignored it all, until Sunflower’s protest. That’s when things started moving. The house/area was cleaned up and the owner forked over the money to have it done.
If someone knows different, please correct me.
Fed up..I was there in the capitol. I saw them pushing/shoving people. I saw the pile of signs outside the west entrance to the capitol.
The news cameras were there for a few minutes, and did not follow the crowd thru the capitol. I was there. I saw it. I did not take pictures.
Sunflower was running true to form, trashing property and being disruptive and rude. That is an absolute fact that was observed by many people other than myself. If you don’t like the facts, that is just too bad.
raptor – your story is believable. In 2004, they went through a neighborhood using bullhorns, prompting many calls to the police.
Since they left their signs on the Kolb’s porch, they were definitely trespassing – not just in the street.
I can’t imagine anyone would back these guys who try to influence through intimidation.
A peaceful protest NOT on private property is fine – but what they did was meant to harass.
They wont get any jail time, probably the minimum fine. But, hopefully, they will learn to conduct legal protests after this.
I was at the capitol too and unlike you I was with SCA and actually know what happened. It was suggested that the signs be left outside as to not disrupt the capitol. We left the signs outside the door and picked them up on the way out. The PA system was rented from the capitol and we didnt have to push our way through because the rotunda was reserved.
and as far as the Kolb action (and every other such action)goes:
As King writes (from “Letter”),
You may well ask: “Why direct action? Why sit-ins, marches and so forth? Isn’t negotiation a better path?” You are quite right in calling, for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word “tension.” I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, we must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.
…right on J R
that dump was over 10 feet high, 20 years old, and wasnt going anywhere. Kolb was put in a position that made it necessary to confront the issue and there is no dump today.
Keep it up SCA!
So we’ve got two eyewitnesses of what happened at Topeka. One says no pushing and shoving.
Raptor says “pushing and shoving.”
Who do you believe?
I’m going with the SCA person . . . Raptor will say anything to make the other side look bad, and everybody knows it.
Are you sure they weren’t eating puppies and burning the American flag too, Rap?
So, 10th, why did you trespass?
Why not stay out on the street and NOT leave your signs on Kolb’s front porch?
If you are correct, then just your presence on the street in front of his home would have been sufficient.
Why the intimidation tactics?
Prediction – they will find a reason to drop the charges.
Prediction – they will be charged with fines. No jail time.
I liked todays opnion line…
“I would like to know exactly why City Attorney Gary Rebenstorf is filing charges against the protesters for City Manager George Kolb. Isn’t this a private matter? Kolb needs to hire his own attorney.”
No, Tony, this is a criminal charge – not a civil one.
As long as the prosecutor determines a law was broken, he is obliged to file the charges.
Only in a civil case would Kolb hire an attorney to represent him.
Funny, I feel this way about operation rescue!
“I can’t imagine anyone would back these guys who try to influence through intimidation.
A peaceful protest NOT on private property is fine – but what they did was meant to harass.”
Sound familiar to the anti choicers here?
I feel the same way about Operation Rescue.
No one should be allowed to do it.
Mr. Kolb or staffer?
I’d NOT take my cues from one GSheridan if I were you.
Trust me on this.
Drop the charges.
Trust me on that too.
Tony (and others – FWI):
GSheridan is partly right. This is a criminal matter, not a civil one, and thus prosecuted by a city prosecutor. But that prosecutor is not OBLIGED to file charges; prosecutors have almost unlimited discretion to prosecute or not, and may do so with or without the urging or consent of the alleged victim.
In other words, the decision to prosecute is entirely the City Attorney’s to make, and Kolb may or may not want prosecution. Certainly whether Kolb desires prosecution will play a part in that decision, but the decision is the attorney’s to make, not Kolb’s.
“As long as the prosecutor determines a law was broken”
And isn’t the charge being brought by a person who answers to Kolb? Can you spell “conflict of interest”?
Does anyone actually think the mayor’s office cares about the people in the city who make less than $100,000? They don’t donate to Mayans campaign. A wealthy neighborhood got a blue roof changed at great expense to the taxpayers but a dump infested with vermin gets ignored for 20 years. Bush got a lot of crap for ignoring the needs of the people after Hurricane Katrina but our local government wouldn’t act any differently.
The protesters should have all charges dropped, given an official apology then rewarded with the key to the city for standing up for the people in the community who are neglected by those who dwell in their elitist gated communities.
Ahh…so now I am being accused of making things up and being a liar because of what I saw? The person who claims to have been there could not possibly have seen all actions of all people..there were a LOT of people there demonstrating. The ones I saw were exiting the 2nd floor common area outside the House entrance, and they were in a hurry to catch up with the rest of the group. They pushed and shoved their way through people who were there on other business.
I don’t care if you believe me or not, I know what I saw. I never once said the entire 200+ group was pushing and shoving. I said “they” as in the people I saw.
Of course, since your minds are already made up, it is a waste of time to confuse you with the facts.
Uh, GMC, that would hopefully be the case, but in Wichita, Mr. Kolb’s predecessor levied a number of restrictions on city prosecutors, which effectively stripped them of discretion prior to a certain point in the process, but well after the initiation of the case.
Now, I don’t practice in Municipal Court any more (thankfully), and perhaps the restrictions are no longer in place; I don’t know. What I do know is that it appeared to many of us that the Municipal Court was being turned into a revenue generator for the city by the proscriptions placed upon the prosecutors “back in the day”.
Now raptor You KNOW I will always be fair with you. “…they were in a hurry to catch up with the rest of the group.” Now doesn’t that at least EXPLAIN if not justify… “They pushed and shoved their way through people who were there on other business.?? And isn’t the above just a LITTLE more reasonable and a little less perjorative than… “These people have absolutely no respect for private or public property and need to be taught the law applies to everyone.They were also extremely rude, shoving and pushing people out of their way in the capitol buidling.” Now come on raptor. You attempted to paint this entire group as unruly thugs! NOW you admit that they were just determined people with a few bad mannered folk thrown in! Sorta like when you had Cindy Mc Kinney MUGGING that House guard…. Look raptor. They did what they did and the result was a good thing for anyone who doesn’t love slovenly property owners. I can’t understand your stance here.
My post was better structured than that! Damn bot!
VT:
Really? So the city has stipped prosecutors of discretion? If so, it’s a sad state of affairs. Prosecutors MUST be permitted to use their professional judgement and discretion to, at the very least, weed out the viable cases from the losers, and in many cases, draw judgments about which cases should be prosecuted and which should not, just as a matter of fairness.
If they can’t, well, that’s too bad. I feel for a prosecutor stuck in such a circumstance.
In any case, the rule holds true: Any prosecutor who reads the polls, the election returns, or anything else other than the facts of the particular case and the circumstances and context that surround it, before making a prosecution decision isn’t fit to be a prosecutor. Same for a judge; same for a legislator/executive.
GMC, as I said, it’s been a while. The effect of the prohibition was the Muni Court defense bar basically saying that all cases would be set for trial, which did occur for a period of time, leading to the inevitable backlog. Thereafter, the prosecutors, once the cases were filed (and yes, it is my recollection that all cases were filed), could, after the first appearance and at any time through the trial date, enter into compromise arrangements with defendants and counsel; and, upon rare occasion, dismissed a case.
I won’t say this still exists; I don’t know. Let us just say that the former City Manager portrayed this as “fairness” to nonrepresented defendants. Meanwhile, the number of bad cases grew, etc., and the waste of time on the same was reprehensible, to say the least.
Again, for all reading this, this is definitely from memory, and about 20 years ago. It may not have been quite as bad as memory serves; but I recall the hue and cry concerning the new policy at the time, with at least a few city prosecutors resigning in protest.
And. let it be clear: the rule GMC posted is the correct one.
Vaughn -Last I knew for Criminal, Drug and Domestic Violence charges in Wichita Muni Court there was prosecutor review to see if there was enough initial evidence to proceed. It’s been a couple years since I worked there (I worked in Muni Court not Prosecutor’s offic) but that’s what I remember.
Julie, thanks; your experience is much, much more recent than mine.