Four members of Sunflower Community Action are scheduled to go to trial in the next two months for a protest at City Manager George Kolb’s house that the group hoped would pressure him to clean up a blighted home in northeast Wichita.
“We don’t think we were guilty of anything,” Sunflower organizer Jason Selmon told The Eagle editorial board. He said the group plans to “fight this to the end” in court.
And he mentioned one piece of evidence the group will use to bolster its case — a videotape Sunflower made of the entire protest.
Selmon says the tape clearly shows the protest was “orderly” and “peaceful.”
Posted by Randy Scholfield
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83 Comments
This standoff is basically between the hired Wichita City Manager and a small group of citizens trying to exercise their constitutional rights of freedom of speech and right to assemble.
The citizens apparently knew that under our strict conservative, non-political, non-partisan form of city government, the city manager is hired to do everything and is all powerful.
Under our form of city government, the Mayor can’t even hire a secretary or administrative assistant. The Mayor basically has the same power as a city councilman even though he often takes the blame for everything.
Ladies and gentlemen, this is not right. The Wichita city government organization needs adjustment to make it responsive to the citizens of Wichita.
Quick.
JWink…
Heck, i agree with you here…
Its redicilious that Mayans (or whom ever else) can’t make basic small changes or decisions without bringing it before the council for a vote.
Our city manager (county too) can make multi-million dollar decisions without having to consult anyone.
I know it sounds a bit wierd, but its time to put some power back into the mayors hands… ;-)
MrControversy – suggestion: Get a copy of the tape and air it in its entirety. I doubt that we can expect our big commercial stations to do so.
There u go… I’d like to see it.
If you want to view the protest, you don’t have to wait for traditional media to feed it to you:
http://www.youtube.com/watch?v=WYtFQO_nd3g
Ok, here is an interesting question. Which right supersedes the other? Private property or the right to assemble and free speech? In this video, it clearly shows the protesters up on the porch of Kolbs house. Personally, I think that’s a bit too far. I don’t think that its grounds for charges though…
Good way to start a Monday morning: I agree with everything that’s been said on this thread. JWink is right.
Hey, city fathers? You know why all the young folks don’t want to stay here? It’s because they know full well how you run the place for your own benefit and for those of your cronies.
If you’re ready to watch Wichita continue to bleed its talented young folks, keep it up.
Yes they should have gotten off the porch after she shut the door.
But it was not unruly and they were not intimidating in any way.
They wanted to leave a letter, the wife should have at least taken the letter.
What I don’t want to see is people thinking it is ok to go and protest at people’s homes. That should not happen, but this one time, I think they should drop the charges.
It sure makes Kolb look small-minded and very petty.
I would say that while it was a bit ‘in-your-face’ it did not cross the line. Politicians come onto my front porch all the time. I think gster put it well.
While agreeing with everything that has been posted above, if this tape is their best evidence, they’re probably screwed. If they wanted to send Mr. Kolb a message clearly stating their grievances, that is why they have “certified Mail – Return Receipt Requested (which can be denoted that only the addressee personally, for which that person alone can sign). Whether the property was sufficiently posted or not, (No Trespassing), standing on the Kolbs’ front porch, screaming into an electronic megaphone, is clearly “disturbing the peace”, and their ersatz “Jingle Bells” rendition could be interpreted as a “terroristic threat”. So, Mr. Rebenstorf, in my opinion, has wrongly charged the case. This could be their “get out of jail free” card.
If the City Attorney’s office and Mr. Kolb, are serious about this case, they should dismiss the pending cases, and refile them appropriately. Better yet, though, Mr. Rebenstorf should approach all of the parties to agree to mediation, and put this matter “to bed”. A mediated settlement should be a snap — The City Manager’s office, along with Central Inspection and the City Attorney;s office will give emphasis to Sunflower’s legitimate grievances, and, by doing so, Sunflower will (1) have no reason to re-enact their childish pranks and apologize to the the Kolb’s, especially Mrs. Kolb. And, if, in the future, Mr. Kolb, et al, do not follow up on their agreement, Sunflower will direct their complaints in a legal, non-distruptive, non-threatening manner.
The courts and certainly, the City Manager’s office, are overworked already. Let them direct their resources where they are necessary and needed, not wasting time and resources on petty trivia like this.
Let the City and the Sunflower Coalition form an ad hoc partnership ad clean this mess up together.
Wise counsel counselor. To all concerned.
Can’t see the video…
I don’t need to.
There was a legitimate problem. Kold refused to address that problem. The protest motivated him to address the problem. The problem was solved.
If Mr. Kolb has any visions of a future in public service, he will drop the charges and thank the protesters for helping him to do his job.
You should also view the other two videos as they show the actuall dump. It it might become more clear to you what this lady was actually dealing with next to her.here are those links as well
http://www.youtube.com/watch?v=S-MjA3Zork4
http://www.youtube.com/watch?v=T_DBRIGLntY
When I saw these two videos all I could say was WOW!!
Protesters violated the law of trespass on private property! There is no excuse for this type of intimidation!
WE HAVE NOW HEARD FROM THE ANTI-CHRIST!
I wonder … next time the JW’s show up can I have them arrested?
You can have the JW arrested if after you tell them to leave your private property they don’t leave. Especially if they use megaphones while singing off key.
Anybody else wonder about this Roscoe character?
After the troller who called himself JM vanishes, “Roscoe” suddenly emerges.
Next thing you know, he’ll be telling us he’s black and refuses to live on the “Democratic plantation” or a visiting professor from San Diego State in Gender Studies who hates liberals.
These CONservative disruptors live a life based on lies–that W. truly believed that Saddam had WMD’s and posed an immediate threat to America (the greatest military power in the history of the world), that poor people are poor because they are stupid and lazy, that rich people are rich because they produce more benefit to society (and so taxing the rich means punishing the productive), that Jesus Christ and a host of angels will come to earth and do battle with Satan’s demons ANY DAY NOW . . .
If you can believe that kind of crap, turning yourself into a black man or a wounded vet for the sake of “blog cred” is nothing.
Calling yourself CapnAmerica gives you credibility does it?
By the way, I watched the video.
They are annoying. They are irritating.
They aren’t doing anything blatantly illegal though. Public officials take on public scrutiny when they take their job.
This group was in no way threatening.
This video is going to play wonderfully on the local news against Kolb’s words defending ten years of neglect.
The best thing for Sunflower Community Action is for Kolb to prosecute this to the fullest extent of the law.
I recognized a few folks from the video. I’d like to join these citizens asking for better government, and I suspect I’m not alone . . .
Uncle–
I’m not a troll and a disruptor.
I don’t take different nics pretending to be different people–black one day, white the next etc.
So the Kolb’s think Christmas Caroling is a criminal act, so is knocking on a door or ringing a doorbell. Perhaps if Kolb took the letter and didn’t slam the door on their faces they wouldn’t have to shout to get their message across.
I hope the news media play ALL the videos – including the trash pile Kolb thought was just fine.
I don’t think a Judge will be amused one way or the other about the Protesters singing Christmas Carols.
When you ask someone to leave your property and they don’t, then the matter becomes an issue of trespassing.
Intimidation is in the mind of one who say they are being intimidated. A six foot tall man answering the door may not be in the least intimidated. However, a small, timid individual (male or female) may be intimidated when they feel their security is being compromised.
It’s a matter of private ownership rights as described by the local law; not a matter to be interpreted under freedom of expression rights.
The same is applied to Protesters at let’s say a Clinic which provides Women’s Services.
If the Protesters venture on the private property of the Clinic after they are asked to leave they can be arrested for trespass.
The proper place to protest are in Public Zones and under the permissions granted by the law of district that governs said laws.
Notice how the fat cats like Uncle William are adamant about property rights for trespassing and turn a blind eye to the property rights of homeowners forced to smell the mountain of garbage and trash at 10th and Volustia that blighted a whole neighborhood.
Just because they’re not in a manicured tract development doesn’t mean they don’t have rights too.
Personally, I think the activists went too far unnecessarilly. I would have counselled them to pull back to public areas as soon as they were asked to leave.
But the tiny nano-splinter of injustice on their part does not compare to the decade of neglect by the city manager.
Sometimes to effect a great right, one needs to do a little wrong. That seems to be the case here.
All the more reason we need to hold Carl Brewer accountable in the general election. Kolb is still too busy “getting organized” to accomplish anything…and the Gang of Four still inhabits the 13th floor.I ask again: What do we have to do…storm the building and start throwing people out the windows?
If I am being adamant about private property rights, then the label fits. The issue at 10th and Volustia is a separate issue and has nothing to do with act committed at the above mentioned private residence.
If you are secure in your viewpoint, then might I suggest you go argue your point in front of the Judge if and when the trial occurs.
There were several options for the people to take at the 10th and Volustia could have taken. I do not know the particulars of the case but only what was printed or televised.
With that said, trial by press is not the purview of the court. The law deals with facts and is the trier of facts.
Civil Courts are often used in relief of similar situations. Perhaps this option was not considered by the Protesters.
MrC – great topic for your show! Get permission to broadcast their various videos. Invite their representative. Invite Kolb. If Kolb doesn’t show put out a chair with an empty suit in it.
“There were several options for the people to take at the 10th and Volustia could have taken.”
Such as? They had already been trying through “channels” for years.
The day I bought my house I stuck up a plaque that says bible thumpers aren’t welcome on my property to find recruits for their cults. I’m sure if I called the police to tell these religious fanatics to leave they’d do nothing. I, unlike Kolb, don’t live in a six figure house.
I noticed that in the video Kolb didn’t tell the people to leave, nor did she have any signs up indicating that she didn’t want people coming to her door.
Uncle William–
You’re right when you say you don’t know the particulars.
The owner of the junk heap had been fined and sued everywhich way from Sunday.
But it was a few weeks after a noisy protest that it got cleaned up finally.
Technically, everything you say is true. Technically, Martin Luther King deserved to be thrown into the Birmingham jail for “parading without a permit.”
But when legal technicalities have failed, the man of principle takes a stand for what is right.
Civil Law suits can be attempted if citizens feel that their Governing body hasn’t held up their end of the bargain in equitable application of ordinances.
It’s an expensive proposition, but one that may be considered by Attorneys willing to support a cause.
It would be under the same premise for private Citizens seeking recourse for a business using a property as an unauthorized storage rights under zoning ordinances.
In the case of the 10th and Volutsia individuals, they would be most likely addressing the failure of the City of Wichita to address “Nuisance Laws” in a timely matter.
Defendants named in the suit would be allowed as entities or individuals. That is, of course under allowance of local ordinance.
I have seemed to taken a ‘banker’s lunch’ and must bid all of you adieu.
One more comment:
No I don’t know the facts of the case and neither does anyone else if the only source for their information is a newspaper or television.
This is not how we apply law in the U.S. nor is it the method to which facts are brought before a trier of facts when facts are the essential elements concerning whether justice was done or not done.
Speaking of soliciting, I have to say as a mother who was stay at home for awhile, there was something VERY unsettling to me about someone coming to my door trying to sell stuff. I was home alone with my child. I don’t know the guy on my porch.
I really wish companies would stop doing door to door sales. I don’t mind when the girl scouts come to my house, but then I worry about who they’re going to encounter too.
And, the school kids who show up at the door selling whatever it is as a fund raiser for their respective schools. Again, I worry for the safety of the students.
What were they protesting good hygene?
Looks like total harassment to me.The City Manager is the public figure, he wasn’t home, leave. Total show for the media.
Since when is your city in the business of owning slums as well?Was the city the homeowner really?
MrK, no, the city was not the homeowner; the city, under its police powers, has exercised its powers to condemn certain privately owned real estate and then clean it up, but hadn’t done that at 10th & Volutsia.
Don’t get me wrong, I am not a big fan of Kolb but Kolb is just an employee of the city and Kolb is still a private citizen with all the civil rights of a citizen.Sunflower’s protest is ironic which “civil rights of a citizen” seems to be part of the mission statement of the Sunflower Community Action organization.
Who decides which civil disobedience is right and just?
Didn’t this go through the court system, with the owner being fined etc. until the city finally used an injunction to condemn the property and clean it up.
How long has Kolb been on the job? Isn’t it like 2 years, yet it went on for 15.
What a sad state of affairs on all sides of this issue.
“The proper place to protest are in Public Zones and under the permissions granted by the law of district that governs said laws.”
Or in Bush’s Free Speech Zones…
This issue came up as a question at a forum that I attended the other day. First If the protesters did break the law then it is the city’s job to prosecute such crimes picking and choosing what laws to enforce is a poor government management. At the same time it is sad that we have such ineffective local government that it takes more than a decade to clean a dump, that violates dozens of code’s I’m sure. And that the neighborhood was left no recourse but to protest the Manager’s home. Also Protesting worked as the dump is now clean
they had every right to protest in the street. they did not have the right to protest on the porch.
“Didn’t this go through the court system, with the owner being fined etc. until the city finally used an injunction to condemn the property and clean it up. ”
Only AFTER the protest. For years the City refused to act. Yes, Kold inherited it from Cherches but he had ample time to act.
I was a protester at Kolb’s house. I was also involved in the events leading up to the protest and know that we tried many options to get the city to clean up this property and act on violations that wouldn’t last for 1 month in many neighborhoods. We attempted to resolve this with the health dept. and saw no action, we requested help from our councilman–nothing. In our last meeting with the city attorney, before the protest, he said there was nothing that could be done about the mess until the court case dragged out for six more months. We did not believe that to be true and found specific city codes authorizing the city manager to declare the property a health hazard emergency and take immediate action to clean it up. That is what we requested at our protest and that is what we got two weeks later. Protest is an essential right and often the only effective tool for the less than social elite. I am proud of what we did and I believe that we were totally within our rights to stage a peaceful protest at the home of the public official who had ignored our requests and had the sole power to right our wrong.
The Councilman who did nothing: would that be Carl Brewer, candidate for mayor?
One More Thing. We did leave the porch in a matter of minutes after Mrs. Kolb shut the door on us. The media interviewed Mrs. Perry from Kolb’s culdesac and we left before the police ever arrived.Embarrassing a public official is not against the law.
Programming alert: ANYONE CONCERNED ABOUT OUR IRAQ VETERANS! Tonight at 10 PM Channel 12 is doing a story about a returning Iraq veteran finding his mortgage doubled. I don’t know any more detail than that but intend to watch. I urge others to join me.
Seth: Your response is typical of the cowardly, strength in numbers mentality. Your justification of your “protest” because you’re not among is “social elite” is laughable. Is that because you can’t write? No, you allegedly wrote this. Is it because you can’t go to the media? No, you’re here. Hmmm.
Kolb may be a moron and an asshole, but he is not a public official. He’s a f**king employee of public officials. And Mrs. Kolb, the person you terrorized, is neither a public official nor an employee of those public officials.
Did you make any attempts to get Central Inspection involved?
You stated your pride and your belief that you were within your rights. Your rights ended when you and your cronies stepped across the Kolb’s property line, and some idiot (was that you?) stood on their porch screaming into an amplified megaphone (disturbing the peace) and the “sang” (if you could call it that) a take-off of “Jingle Bells”, threating “..we’ll be back…we’ll be back” (terroristic threat).
I have already suggested that this matter go to mediation, and all the parties work together toward a solution that is positive for all involved and the community at large. Contrary to what you may imagine, Sean, you’re not going down in history as the Martin Luther King of discarded rubbish. Sorry about that.
Advice to both sides: Don’t lose sight of the community goal. Get personalities out of the picture. This is Wichita, KS, not Kyoto, Japan–”face” is less important than success.
rm – the history of the case shows that they tried for years to get Central Inspection involved. And Environmental Health. All to no avail. And I must disagree with you about Kolb – while he is technically an “employee” he really is much more. In Wichita’s Council/Manager system he is stronger than the Mayor.
I agree with your wise counsel to both sides; however it is Kolb who is in a position to defuse the situation. Since he and his employees are dragging Sunflower into Court you must expect them to respond. It is unreasonable to ask them to unilaterally ‘disarm’
Good on you Seth!
Squeaky wheel gets the grease is the old saying.
Don’t like the squeak? Make with the grease.
Kolb has no political future in this town.
Ben: Yes, Kolb is certainly in the position to diffuse the situation, and he should. But the SC could extend an “olive branch” to get the ball rolling. Kolb is clearly not going to make the first move. Plus, he is in the position of “defending his wife” — a really innocent victim here. How about a public apology from the SC to MRS. Kolb for any distress she may have suffered? Mr. Kolb would be obligated to respond, lest he be seen publicly as a “total ass”, and, at that point, a dialogue is established and the groundwork of a search for common ground has begun.
rm – I’m not sure how SC extends an olive branch with their trial coming up. Seems to me that they need to mount a strong defense and in many ways that can mean going on offense. Were there not a trial coming up perhaps things would be different.
Your counsel has been good – what sort of olive branch could they extend? Especially when facing him in Court.
But if the Sunflower group left the porch after speaking to Mrs. Kolb, then how was she terrorized? So, if I don’t like someone coming up to my porch and they leave a Bible pamphlet on my door, can I call that dumping and file charges against the person?
Just asking a simple question.
This whole scenario needs but a pound of common sense after the fact to make it go away.
What a waste!
To Ben Huie: You are too angry dude. Who are you defending?
I appreciate the other bloggers correcting many of your errors but I feel compelled to respond on my own. I absolutely do believe in strength in numbers and I would challenge you to point to any case in history where pressure on the government from large numbers of people didn’t make a difference. Protest is a powerful force for positive change and I will always support those who volunteer their time and come together to support the problems of others. Maybe not because they themselves are personally affected but because they believe the good of the whole is the good of the individual. Unfortunately, today you have to push harder and work harder to make your voice heard above the lobbyists and special interest groups that barage government officials on every single issue. I know this because I have worked with government officials for about six years, both in office and while campaigning. I am not someone forced to protest because it is my only option for making my voice heard-I believe that we have an obligation to protest when something is wrong.
I also know all about contacting the media which is the reason you know so much about this case (unless you are a on the manager’s staff). It seems like you would be able to recognize that our protest was intended to get Kolb’s attention and the outrage of the general public by spotlighting the conditions Mrs. Perry had lived next to for twenty years-all to result in change. Seems to me like we’ve done a pretty good job of that.
I believe I called Kolb a public official and that is exactly what he is. I am well aware of his position and the power he holds as I have a masters degree in public administration. Despite your expletives, your assertion was in error. Kolb had the sole power to clean up the 20 year old illegal dump but said there was nothing he could do about it because the matter was in court. Obviously that wasn’t true since the dump was cleaned up two weeks after the protest.
Also, central inspection will be our next target as the INSIDE of the house at 10th & Volutsia remains full floor-to-ceiling of TRASH.
Seth my lad, I’m sure Dr. Huie will address your concerns. Let me say he is a fair man and I didn’t read this blog in all thoroughness.. but let’s just say that these are all just opinions and nothing to get excited about.
Protest is indeed a way to resolution. However it is not the only way and one needs to mindful of whose toes they step on when they are trying to get results.
Protesting on private property was a poor choice and you might re-think your approach the next time something like this happens.
With all of that said, good luck with your championing of the problem at hand.
seth – ?
I was mostly in agreement with you above. No, I am NOT on Kolb’s staff – nor any other government position.
I noted repeatedly that you had tried and tried again through channels – all to no avail.Perhaps you misread my posts and/or confused with someone else?
What errors do you refer to?
” Despite your expletives, your assertion was in error.”
Seth – show me my expletives.
Ben- If you’re running low on expletives, you can have some of mine- I have plenty to spare.))
Ben: What I was thinking re: an olive branch. A public apology, admitting no guilt, directly to Mrs. Kolb for any concern the incident might have caused her.
Seth: I’m a bit curious. What post graduate school of public administration teaches that, if all else fails, take the law in your own hands and terrorize someone’s wife at home?
rm – you might be right. However, as long as charges are pending I don’t know. That might be viewed as tantamount to admitting guilt.
I wonder, rm. Do you think seth might have been upset with you instead of me? After all, I ahve tended to take his side against you – although more in the middle I think.
I wonder – could some sort of deal be struck with the apology to the wife (but not him) and charges dropped.
I don’t see how a well worded statement of apology for unintended consequences could hurt. If this goes to Court, everybody loses. SC, the City, Kolb, personally. It’s in everybody involved best interests that this go away. Kolb is not going to make the first move. So, SC has two choices: (1) provide a common ground and end up working together with the City toward a common goal, or, (2) get down and dirty and fight it out. If they choose the latter, they’re going to lose in Court and the bitterness evolving from that will hamstring any cooperative ventures in the future. I suspect they will choose the latter, and that will be the end of the Sunflower Coalition.
And Ben, yeah, I’m sure he’s pissed at me, not you. Oh well.
Yes, and recall, my earlier post — strictly to Mrs. Kolb, period.
I have heard stories from hunters about finding two bucks with antlers tangled – both dead. I think that symbolizes what we have here. I agree; they need to find a way to step back – BOTH SIDES. I guess my biggest difference from you is that I think Kolb, being in a position of strength, needs to make the first move. But neither side seems willing to ‘blink.
As for SC working toward a common goal – they have done so with their cleanup of public property in the neighborhood. There was never any evidence that the trash involved there was theirs. In fact, it arguably may have come from the trah pile Cherches and Kold tolerated for so many years.
I think the City’s decision to threaten the neighbor with her own cleanup order after happily accepting the trash pile for so many years is a signal that the Cith intends to get down and dirty against the citizens.
Carl Brewer should be put on the spot. Letting this get out of hand could cost him the election next month.
I’m not sure, Ben — it’s happening on both of their (Mayans’ & Brewer’s) watch. Probably rubs equally badly on either of them. No, it doesn’t matter whether I think Kolb should make the first move or not — he’s not going to make the first move. That’s why, if SC wants this off of top dead center, they have to make the first move.
Below is a notice I receive every so often from the office of our city council person. We then can give input about what we want to happen. I’m not sure if this is a new program but is extremely informative to someone who wants to stop decay in their neighborhood.
“Below is a list of addresses that are slated for Environmental Court. If anyone does opt to attend court, it is important that once they get there, they make the Court Clerk aware that they are present, which case/address they are concerned about, and that they would like to provide input from a neighborhood perspective.
As this notification process moves forward, please provide me feedback on what’s helpful, what information would be more beneficial to you, if there are others who should be added to this distribution list, etc.
Here are the addresses slated for Environmental Court next week for District 2:
Monday, February 26, 2007 Patrol South 211 E. Pawnee @ 6:00 p.m.Paydarhossaini, RE 6136 E 9th St N Maintain soffits, fascia, exterior wood trim, and fail to surface coat or paint exterior
Tuesday, February 27, 2007 Patrol West 661 N. Elder @ 6:00 p.m.Paydarhossaini, RE 6136 E 9th St N Proper identification of vehicle
Wednesday, February 28, 2007 Patrol North 3015 E. 21st N @ 6:00 p.m.John Jones 1222 S Todd Court Uncertified person on job w/o supervision, working without plumbing license, plumbing – cause
to be installed, inspection required, first hour rating on the energy guide, clearance of combustible,
combustion air, and venting of water heaters
Suez L Galbert 7677 E 21st N Loud noise prohibited
Thursday, March 1, 2007 Patrol East 350 S. Edgemoor @ 6:00 p.m.Christine N Shanks 722 N Beech Park/store inoperable vehicle more than 2 days
Robert J Sullivan 700 N Beech Nonstandard mobile home park “The protestors were out of line in the way they handled this. Mr. Kolb has an office in city hall and city hall is where their argument should have been taken. When I first read about this I thought it was no big deal but after seeing the video I felt very sorry for Mrs. Kolb in the way she was terrorized, yes I feel she was terrorized. When we cease being a nation of laws and become a nation of mob rule we are all losers. Private property is private no matter how much you disagree with person who owns it.
Maybe we all need to be more involved in the legal channels.
My point with Brewer is that this will hurt him more in his constituency. He represents the inner city more; Carlos is from suburban westside.
Well, I suspect it will get down and dirty. City has continued to act against the neighbors. Not just the Court case but other things that seem punitive. Even if SC surrendered and apologized what keeps the City from continuing its actions against both SC and the neighbors?
I really have to wonder about the citation the City issued against the neighbor. I cannot see that as anything but vindictive.
Yes, I thought that too. On the other hand, if it is who I think it is, that woman was on television several times pointing to the house next door and bemoaning the debris. If she had her own junk heap behind her house also, it’s like the pot calling the kettle black.
From what I saw from film of the community cleanup it was trash of unknown origin in the alleyway; not her yard. Might that have actually been the City’s responsibility? Or at least work together like we plan to do with the River?
I have heard many times from people I know in “depressed areas” that City Inspection really doesn’t care and that they can get vindictive. That is why I made the political comment – these areas should be Brewer’s strongholds next month.
OK. I see the Brewer connection there. I hadn’t thought about it that way, but you’re right. Apparently, they held an election today and nobody showed up. :)
Easements are granted for a lot of things: alleys, utilities, pipelines, drainage, etc., but it is still the property of the landowner. Maintenance is the responsibiltiy. For example, lets say you had a 10′ easement across the back of your property for an alley. But that’s all there was, an easement, nothing else. Nobody drove down it. You have to mow it. You can fence it in, if you want to. But if they ever decide to use it, they can tear down your fence without compensation. Or you can fence down the easement line, and then mow behind your fence. The point of all of that was it was the landowner’s responsibility for the trash in the easement, whether she put it there or not.
rm – I think you are incorrect on some specifics. People CAN drive down it; she cannot fence it in. They are already using it.
Thing is, with trash coming from numerous sources – including the dump the city was happy with – the City should have at least been willing to work WITH the citizens.
Lets see now … over ten years to deal with the dump. But ten DAYS to harass and intimidate a citizen. Still seems like vindictiveness ordered by Kolb.
I just read the comments above regarding the Sunflower Community Action Group’s visit to City Manager George Kolb’s home.
First of all, I think Seth’s remark above, “You are too angry dude…,” was obviously meant for rm6046, not Ben Huie. Am I correct Seth??
I haven’t closely followed the situation at 10th and Volutsia but now hope to go back and read the articles.
In any case, I have met one of the protestors, Louis Goseland, named in the Wichita EAGLE’s article on 2/16/07. Louis is an outstanding young man possibly still attending West High unless graduated last year. Sometime within the past several months, Louis spoke to the Wichita school board at one of their Monday evening meetings requesting a change in policy. I personally didn’t wholly agree with his position but I certainly agreed and applauded his right and determination in presenting his position and told him so.
I have encouraged Mr. Goseland in the past too continue exercising his freedom of speech and peaceful right to assemble as provided in the First Amendment to the U.S. Constitution better known as the Bill of Rights.
Regardiing the specific case, I doubt if these young citizens knew the city manager wasn’t at home at that time. True Mrs. Kolb is not a public official. But it strikes me as a case of “protesteth too much.” I hope this case does not spoil the enthusiasm for these young people to publicly pursue similar political situations in the future.
In my opinion, this case needs to be dismissed by all concerned. And that house at 10th and Volutsia cleaned up once and for all. That kind of mess by an absentee owner is a threat to every citizen of Wichita.
No Ben, I wasn’t talking about “her” alley. I don’t know anything about that alley specifically. I was just speaking in general. Many of the older neighborhoods in southeast Wichita and Riverside, for example, have platted alleys, but they’ve never been used and are just parts of peoples yards. Any resemblence between my hypothetical easement and a real easement is purely coincidental.
An idea: Set the case aside for a period of ‘diversion’. This is commonly done with many offenses. Then set terms for ‘community service’ to be met; i.e. cleaning up the alley for the neighbor. (Actually I think they have already fulfilled that condition). Then, dismiss the case.
Lets Kolb save face which seems so important to him. Lets SC do its work for the community. Then lets us get it behind us.
rm – I think in her case it is a ‘real’ one.
It’s too bad GMC’s not here. He deals with this sort of thing everyday and would know whether criminal trespass and littering are “diversion-eligible” offenses. I don’t know. Generally speaking, granting diversion still involves payment of court costs and an additional “diversion” fee, and if Seth is typical of SC’s viewpoint, I doubt if they would be willing to “pay their money without their day in court”. These are not “common criminals”, by any stretch of the imagination. The are folks “on a crusade for a cause”. For the most part, simplicity and logic are not on the table here.
I am not one charged (although I’m not sure why) so I can’t speak for them. . . but I seriously doubt that anyone from SC will accept diversion or any other lesser charge. More likely, a trip to the supreme court.
I would be interested to hear your opinions on this question: Is there EVER a situation that would justify protest at the home of a public official?
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Seth – I think I answered you question – in the AFFIRMATIVE. And I have largely supported you here. And yet you lashed out at me, even accusing “expletives”. Well, what expletives?
Some of my comments above about diversion etc were in the context of trying to find a way out with both sides saving face.
Now a question for YOU (in addition to the one above): Have you ever acted as a mediator? I have.
Oh yeah prosecute American citizens for a peaceful protest, which I believe is our RIGHT ,but leave all the illegal mexicans marching through town, who are knowingly using fake social security cards, which is a felony, oh helll let them trample alll over our rights!Our city officials watching our backs NOT.