The URL can be used to link to this page

Home My WebLink AboutNB02-City Attorney . ~ ,'0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0 EUGENE DOUGHERTY CANDIDATE FOR MAYOR 585 RO. CHESTNUT RIALTO CA. 92376 875-5193 :> EUGENE DOUGHERTY PLANTIFF v CITY OF SAN BERNARDINO MAYOR BOB HOLCOMB CITY OF SAN BERNARDINO PARKS AND RECERATIONS DI RECTORS .. SUPERVISORS CITY OF SAN BERNARDINO SENIOR CITIZEN CENTER .. TED CARRY DI RECTOR .. JOHN OR JANE DOE ADMINISTRATOR DEFENDANTS 2-4-85 LETTER OF DEMAND FOR DAMAGES. FOR THE SUM OF ONE MILLION DOLLARS IN U.S. CURRENCY FOR THE VIOLATION OF MY CIVIL RIGHT AND VIOLATIONS OF MY FIRST AND FOUR'ruf{TH AMENDMENTS OF THE CONSTITU- TIONAL RIGHTS TO FREEDOM OF SPEACH AND FREEDOM TO PEAC- FULL ASSEMBLEY IN A PUBLIC BnILDING. VIOLATION OF MY RIGHTS FOR A DISALBED PERSON TO BE IN A CITY PUBLIC BUIL- DING. THE CALLING IN TO THE POLICE A FALSE POLICE COMPLAI T NOTICE TO THE ABOVE DEFANDENT: Plea8. take not. that I am requesting on d.mand the sum of ONE MILLION DOLLARS in U.S. Curr.ncy for the above violations. Further more if this d.mand i8 not m.t within 45 days of the date of thls notic.. I will th.n file a Civll suit in eather the Superior Court of this county or with the U.S. F.dr,al ~ District Court. STATEMENT OF FACTS On two occa810ns I was d.ni.d the right to be on city prope- rty to ..et and gr..t the publlc and to paS8 out campaign mat.rial. On. occaslon was at the Del Man Hight rec.ration c.nt.r on Jan 85 during the free ch..s. and butt.r gh. away. I was told b)' the c.nt.ra diractor that if I did not g.t off the property with ay hand billa. I would be bodl)' put off by the ataff a..bera. th.reby cau8ing .. to us. the publlc .tr..t. Also the poor person. who wh.re th.re for the tood program who had in th.r. hands .y hand bill. wh.re told to throw th.m away or not g.t an)' tr.. ch.... or butt.r. Th. second occasion was at the S.nlor Citizen C.nt.r Locat.d At 5th anel G at. in San B.rnardino. At this location I was ..t b)' a work.r in the building and a.k.d it I had ..t the Director ot the building' Wh.reupon I ..14: ~I was a8k.d to toll ow hi. to the elir.ctors offic.. ~ dld. . z ,(;> th.n shook hands and greQd . Mr T.d cDy th. c.nt.rs Director. 0 Aft.r . few kind words I said to Mr C.rry I must 1..... I h... . lot to do. At this 10111I. h.. Mr C.rry notic.d I h.d papers 1D IIY hand and .sked .. if this was political :JIIat8rial t I ~aid yes why ? H. asked are you pass1Dg it out in the building? I said yes. Mr C.rry th.n said to II. IOU can not pass out th.t in city buildings and I said th.t I can that th.re 18 two lIuni.c1.pal cod.s th.t says I can. Mr C.rry sud I dont c.re what the law says. I said you cant pass out any campaign lIaterial here in this building. I then told hill I was not lea.ing and th.t he '1:an call the polic. and the police will explain the l.w to him th.t I had w.nt through this before at anoth.r city park building and the police said there was no l.w to pre.ent .e from doing so. After I had w.nt out of his office to pass .ore mat. rial and to gr..t the other persons th.re. I was again stoped in the c.nt.r by Mr C.rry who at ' this time had a witn.ss with him and said I am asking you again to stop handing out hand bills in this building. Again I said the law says as long as 1 dont caus. a disturbanc. or bother people who dont want to be talked or,diaturb-th.:acti.aties of the building I can do it and that I will not l.a~e .,' At this ti.e h. left with his witness and said as he was leaving (I will ha.. to call the police ) and h. did. When the polic. show.d up I walked o.er and told the offic.rs that I was candidat. for the offic. of mayor and what I was doing that I was not in any way causing. disturbance and that there was no 1_ against my passing out hand bills in the city building that this came up .few days ago and the police dept said I had that right. But the officer failed to ch.ck with his supervisors and would only list.n to the Director of the build- ~~. '~~~-, .~~";~ At that time the Director Mr Carry told the police officers I want him out of the building. The officers told me I would ha.e to lea.e or face going to jail. So I left the building and stated I would go to the police watch cOlDIDand.r who I did go s.e and h. to did not uphold the law. He . '_. called Ralph Prince the City attorney who inturn told me to Contact the press and to se. a lawy.r for he was wrong but he. Mr Carry had the final say in the .atter. Also I want to state that-while in Mr Carrys offic. I had told him I had seen tbe.present-lIayor Bob Holcomb pass out orang.s and campaign material on Wensday of this week and I asked him how come he did not stop him ? I was told that he. Bob Holcomb was his boss supervisor and he was not about to stop him. I asked him if this was fair to the other Candidates ? and he said I am only taking orders from higher ups and from IIY supervisor and the .ayors office that no candidates are to pass out camptign material in this building or any city building. I f..l that und.r the law that the abo.e .iolat10ns did occu.r and not .' only that but I ... d.nied equial protection of the law by the city lI&yor and city employeese and the police Dept. I .as also d.ni.d the law that pertain to the disabled and handicaped to be in any public building. I also fe.l that the Vot.ing rights act was .iolated and not only to lie but to the public who .1810 that building and have a right to know who the candidates are and what th.re platform lIaybe so th.y can chose who th.y .ant to yot. for. Also the STIGMA and EMBARASHENT of bing .scort.d out of the building in front of Yi.. of the public inside and out lea.. a inpre- - 3 ~ '(' .ion8 that I am a law brewr therefore Wing the persons who was 1-\ . ~aTe wanted to Tote tor .~hange there '-Ids after .eeing .e being~ escorted out to the street and the officers talking to .e on the street Thereby causing.e IRREPARABLE HARM. . ~ Eugene Dougherty mey Pro --- --- --- -- - -