MEXICO
Posted on 03/31/2006 8:52:07 PM PST by lowbridge
Just got home from work, and was listening to Joe Crummy on KFYI interview one of the dads of the kids that burned the Mexican flag:
Apparently, his kid was arrested by AJ Police and was held in detention in Florence all day yesterday. CHarged with Arson. It took all of their savings to get a retainer for an atty.
It gets better. The family is now getting death threats. They were informed by police that there are those trying to find out where the family lives, and are going after them. AJ police stated to the father, there is nothing they can do about it, until someone actually shows up on their property.
Also, there was another kid from the school (Rod, who said he was a "future" Marine) read that letter from the school, forbiding any kid to wear any article of clothing resembling or representing a flag, no matter what country it represents.
He said emphatically, that he *will* wear the US Flag to school Monday.
Apparently this flag burning was near the ROTC table.
My respect for the kids in AJ have grown a hundred fold!
366 posted on 03/31/2006 5:52:20 PM PST by kstewskis
http://www.freerepublic.com/focus/news/1606660/posts?page=366#366
Doesn't change my view even the tiniest bit.
Assuming only that your citation is complete as regards Arizona law, this statute as written is simply laughable. Why?
It takes the trouble to define an ''occupied structure'', but nowhere thereafter defines any felony or misdemeanor crime regarding occupied structures (read it again, eh? Sheesh!).
In most jurisdictions with which I'm familiar, an attempted arson against ANY occupied structure (or, as the typical statute reads, ''wherein a person is present, or the actor may reasonably be expected to know that a person is present'') is absolutely a Class 1 or Class A felony.
Burning a flag? Arson? Puh-freaking-leeease! Some DA needs to go find a hobby, and said school district needs (won't happen) to actually educate students.
See #178
In this case, a Class 1 Misdemeanor.
I suppose there's some room for disagreement, but I would say that destruction of another person's property is in fact an improper purpose...just not one rising to the definition of felony.
Ping!
This also for thought in the Arizona Code title 13, which may apply to the people trying to raise the flag of Mexico in such an in-your-face way:
13-2904. Disorderly conduct; classification
1. A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person:
1. Engages in fighting, violent or seriously disruptive behavior; or
... or
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or
...
B. Disorderly conduct under subsection A, ... paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor
The protestors are as guilty of a crime as the lad who defended the US! I say "Bully!"
Radio station KFYI in Phoenix, the Joe Crummy show, first talked about a legal defense fund.
The kid's family is out beaucoup bucks for an attorney to get the kid out of jail today.
K. or Adam, any other news on helping out this young man?
From an earlier thread.
Posted for those who are flag-challenged:
TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
§ 7. Position and manner of display
Release date: 2006-03-20
The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line.
(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section.
(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.
(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag’s own right, and its staff should be in front of the staff of the other flag.
(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.
(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag’s right.
(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.
(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.
(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag’s own right, that is, to the observer’s left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.
(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.
(k) When used on a speaker’s platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman’s or speaker’s right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.
(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.
(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection—
(1) the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;
(2) the term “executive or military department” means any agency listed under sections 101 and 102 of title 5, United States Code; and
(3) the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.
(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.
(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer’s left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.
http://assembler.law.cornell.edu/uscode/
With that kind of sentiment, you'd have stuck up for the Brits against the "Boston Tea Party."
Your citation as posted is why assorted ''swords of Damocles'' should be mounted above every single legislator's seat, state and Regresscritter alike, throughout the nation.
Not much use in passing laws, is there, unless the will and the capability to enforce them is also present.
Which condition, sadly, describes something on the order of 90+% of statutes, Federal, State, and local.
How about this charge for the Mexifornians in AJ:
Title 13 Arizona Code:
13-2905. Loitering; classification
1. A. A person commits loitering if such person intentionally:
...
3. Is present in a public place to beg, unless specifically authorized by law; or
...
5. Is present in or about a school, college or university building or grounds after a reasonable request to leave and either does not have any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there or does not have written permission to be there from anyone authorized to grant permission.
B. Loitering under subsection A, paragraph 5 is a class 1 misdemeanor. Loitering under subsection A, paragraphs 1, 2, 3 and 4 is a class 3 misdemeanor.
I wonder if these provisions would apply to serial Mexican flag runners? They are clearly begging by being there, IMHO.
I can only think that it makes as much sense as arson for the brave lad!
My guess is that Crummy will have an update on his show on Monday. He has this family's phone #, and will be catching up with them.
I might shoot him an email this weekend, and let him know that there is a lot of support out there for that family. There isn't anything up on his part of the radio website yet, but by next week, who knows...my guess is that he will be swamped with email.
I'm with you on this its nuts.
I suspect to those filing the charges the difference would be that he didn't burn his own mexican flag but one belonging to another person.
Still I'd pin a medal on him and give him the keys to the city myself.
Not a bad fund raising pitch.
Let us know if he starts a petition drive to the Gov or the presecutors office. Also, where's the ACLU defending this kid?
...especially after bad tequilla!
I never knew smileys could say it so well!
Heading for bed, see you tomorrow SmartA.
Did ya catch this bit from his web page ?
"Joe began as a Liberal neo-hippie but as rumor has it, he was taken out into the desert and beaten. Apparently this therapy worked, as soon thereafter Joe was reborn as a Conservative."
LOL.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.