Law Is Unconstitutionally Vague

An excellent article appears in today's Chicago Tribune at http://www.chicagotribune.com/news/opinion/chi-disorderly-conduct-thinkjul20,0,3803865.story

Written by Chicago attorney Gabriel Fuentes, of Jenner & Block, the article discusses three recent cases where individuals were charged with Disorderly Conduct. A Carpentersville case was dismissed; a federal appeals court ruled a Bloomingdale arrest as unconstitutional.

The third case, that of Greg Kachka, continues its court schedule in Waukegan tomorrow morning.

Read the Tribune article. Better yet, print and save it. You never know when you might need it. I met Gabe Fuentes when he was representing the Carpentersville homeowner who allegedly told her neighbors' kids to stop climbing in a tree like monkeys. It never made the press, but that's not even what happened! Gabe is first class!

Greg Kachka, you may remember, is the Marine who wore a t-shirt to a Village of Island Lake board meeting and allegedly pointed his ".38 cal. finger" at a Village Trustee and the Village Clerk. They both filed Disorderly Conduct charges against Greg. The details appear elsewhere in The Woodstock Advocate; search (upper left) for Greg Kachka.

They were so alarmed or disturbed that it took weeks for the cops to show up at Greg's door. Some threat, eh? If they were so alarmed or disturbed and if their peace was breached at the Village Board meeting, how come they didn't dive under their desks for cover and call the police department immediately?

T-shirts for Greg's legal defense fund are still available for $20 plus shipping. If you want one, get $20 to me and I'll pick it up for you. No charge for the pick-up and delivery. Better yet, not just one or two. Buy five or ten.

Attorney Fuentes discusses in the Tribune article how charges of Disorderly Conduct can be used to silence opposition. The statute is vague by not defining "alarm" or "disturb" or how the peace must be breached for a person to feel threatened.

If you saw people around you being arrested for DC and worried that you might be arrested, how excited would you be to go to your town council and protest their actions (or inactions)?

© 2008 GUS PHILPOTT

Marine's First Day in Court - June 2

Remember Greg Kachka of Island Lake, the disabled ex-Marine who has been charged with Disorderly Conduct for allegedly pointing his (.38 cal.) finger at a Village trustee who had (allegedly) been making faces at him.

Greg’s day in court starts on June 2 in Waukegan. And a protest rally is planned for 8:00AM in front of the Lake County Courthouse in Waukegan.

You can join the caravan in Island Lake and depart from Karl Court in Waukegan at 6:45AM (sharp!). For details, email laurie@cbgil.com

As I write this from Columbia, S.C., I am wearing my own “Don’t Move” t-shirt. You can support Greg by contributing to his legal defense fund. For $20 you get your own “Don’t Move. If you run, you’ll only die tired. USMC” t-shirt.

Greg’s attorney is going to eat the lunch of the trustee and the Village clerk, both of whom have charged Greg with pointing his finger at them. Isn’t this absurd? Since when can you not call attention to someone’s face-making by pointing at her? And will the Village be included in legal action, since this (allegedly) happened on Village time at a Village Board meeting?

I have provided Greg with two published examples of prominent people who were not “alarmed or disturbed” when someone pointed a finger at them, including a candidate in the Presidential race. Now, if that person did not become “alarmed or disturbed” and sic the Secret Service on the person alongside, how is it that two trustees, so distraught at being under (alleged) attack, didn’t dive under their desks at the Village Board meeting and dial 9-1-1 for the Island Lake P.D. and the County’s SWAT Team???

To stay up-to-date on the drama in Island Lake and for other interesting goings-on “over there”, read http://www.villageofislandlake.blogspot.com/ There are many other interesting articles there, too.

June 2 is Monday – this Monday. Support Greg and the First Amendment Freedom of Speech by joining the caravan or just meeting them in Waukegan at the Lake County Courthouse. Look for the "Don't Move" t-shirts. And remember... be polite, respectful, courteous. Don't block the path of a pedestrian.

Expect the Waukegan Police Department to be polite and courteous and to conduct themselves within the law. If they don't? Well, that's for another story.

© 2008 GUS PHILPOTT