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Tales of Tyranny - Another Episode

12/13/2013

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Bureaucratic pressure has become pretty serious here, where crimes against the bureaucracy can cost a fortune, and even land you in jail.  What kinds of crimes? Environmental crimes, like not filing a Farm Plan or not obtaining a Ground Disturbance Permit before digging a hole on your property.  But most victims are too afraid to fight back. Decent people are bullied into submission.  And a growing number of fines and extortion demands loom as mitigation banks and the "resources marketplace" are being set-up all around us, as a huge new financial industry.  WE think this county's becoming a green jail...  But we're not alone.

Some people think WE overuse the word "tyranny".  From Google:
tyr·an·ny
ˈtirənē/    noun
  1. cruel and oppressive government or rule. 
    "people who survive war and escape tyranny"
    synonyms: despotism, absolute power,  autocracy,  dictatorship,  totalitarianism, Fascism; 

It seems pretty cut-and-dried to us. Tyranny is just bureaucrats abusing power, taking peoples' liberty and jerking them around; like this:

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Tales of Tyranny: Criminalizing Poverty in the San Juans - The Errol Speed Story
by Glen Morgan
December 11, 2013

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From the front gate of Errol and Kathleen Speed’s 20-acre Orcas Island farm, they can glimpse a small stand of evergreen trees, an open meadow and their own, fenced organic garden. 

What they can’t see is why the local governing authority, San Juan County inWashington State, has chosen to treat them like criminals for committing what appear to be minor building code infractions.

Like many rural Washington residents, the Speeds live “off the grid” in a small trailer on the property they share with their horse, goats, and  chickens. They are neither wealthy, nor are they hardened criminals.

Consequently, they never expected to be subjected to a search warrant, charged with a criminal offense, tried before a jury of their peers, and sentenced to actual jail time for minor code violations involving their own property. 

The driving force behind Errol and Kathleen Speed’s nightmare is the bureaucrats’ relentless effort to criminalize minor infractions and victimless crimes. The Speed family’s experience is just the latest example, but it demonstrates the pointlessness of this over-criminalization effort by Big Government.


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According to San Juan County law enforcement officials, the couple’s great crime was to erect a small building on their property, believing that structures less than 1,000 square feet were exempt from permit and building code requirements.  They also committed the great crime of having a bed, blankets, a couch, and a kitchen in this building.

They also used a composting toilet.

For their trouble, the Speeds endured a police raid of their property (using a criminal search warrant), a jury court trial, thousands of dollars in fines, and a 180-day jail sentence for Errol Speed. Not coincidentally, the county has spent tens of thousands of dollars in taxpayer money prosecuting the case.

“We built an accessory agricultural building with the understanding that we could build a building under 1,000 square feet with no fees, no permits and no plans,” Kathleen Speed said. “Normally in code violations, you work with the Planning Department and negotiate after the fact, and maybe there are additional fees. But in our case, we’ve been criminalized and treated as if we robbed a bank.”

“The justification for using a criminal search warrant was (that) we denied them (government officials) access,” Errol Speed said. “They never asked for access.”

While the couple doesn’t deny being in violation of at least some part of the code, the reality is that most people run afoul of some ordinance or minor law every day. Disputing these details hardly justifies the effort San Juan County has made to prosecute the Speeds.

In the area of home ownership and private property, few properties are immune to potential violations. In modern times, most people have become numb to the ever-expanding ordinances and the new thousands of pages of rules and regulations that apply to every property owner in the local jurisdiction. 

In most cases, there is little concern over these ordinances because it would take a police state to actually enforce them, and most people feel they could appeal to common sense or pay a small fine to resolve the problem.


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From left - Prosecutor Randy Gaylord, San Juan County Sheriff Rob Nou, Judge Stewart Andrew
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The complicity of at least three elected officials is needed to formally charge Errol Speed for committing a crime. These include San Juan County Sheriff Rob Nou (elected in 2010), San Juan County Prosecutor Randall Gaylord, and San Juan County District Court Judge Stewart Andrew. Without the formal sign-off and approval by all three of these elected officials, the Speed family could not be criminally prosecuted. If even one of these elected officials believed that prosecuting the Speed family was not a priority, they could have stopped this criminal trial from even starting.  San Juan County does have real crime problems. At least four people have died of heroin overdoses in just the past 12 months, but apparently prosecuting the Speed family is more important to these elected officials. 

Andrew was originally a California attorney who relocated to San Juan County and has been a judge since 1998. Gaylord has been in office for 20 years, and he is best remembered for his successful effort to ban personal watercraft in San Juan County in 1996 and for his failed effort to suppress free speech in 2005 when he filed suit against local radio talk show hosts for opposing a gas tax increase. 

In 2010, the Heritage Foundation published a booklet titled, “One Nation Under Arrest,” (co-authored by the Freedom Foundation’s Trent England), detailing many cases around the country of an explosion of laws—federal, state and local—which have created thousands of new “crimes” that can justify criminal search warrants, jury trials and jail time.

No victims or common sense are necessary in this process. Errol Speed discovered what it’s like to personally experience a “Crime Against Bureaucracy” in San Juan County. 

Unfortunately, he isn't likely to be the last.

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