Do we still have Freedom of Speech
in Mohave County?

by Gianluca Zanna

luca zanna dean jacobs mohave county freedom of speech
photo courtesy by Kingman Daily Miner


This video thanks to KLHU.tv TV Station Lake Havasu AZ

Luca Zanna on Channel TV2 KLBC with Bruce Clark St. Patrick Day

Here how the story starts...
An email similar to this letter was originally sent December the 2nd 2009 to the 3 supervisors
Then December the 3rd 2009 also forwarded to the County Attorney Matt Smith
All followed by documented phone calls to their respective assistants...
No answers until Wednesday, January 06, 2010 when thanks to the Kingman Daily Miner we have the first official answer... through the newspaper.
So much for public servants...


An open letter to:
Supervisor District 1 Gary Watson
Supervisor District 2 Tom Sockwel
Supervisor District 3 Buster D. Johnson
County Attorney Matt Smith

My name is Gianluca Zanna. I am an American Citizen, and a Mohave County resident.
I have tried many times to contact you at your respective supervisor's offices through email and by phone, but as of today I have not received a response from any one of you.
I was told by Matt Smith’s personal assistant that he would contact me, but again, no response.
Now I am trying to get your attention with this open letter, in hopes of finally getting an answer.

The question is: “What Law, if any, limits and/or regulates the Freedom of Speech of an American citizen on County Property?”
The reason I am asking for your input on this issue is due to a violation of Civil Rights that happened to myself and another Mohave County resident, American Citizen, and United States Marine Corps Veteran, Mr. Dean Jacobs on November 13, 2009, at the Mohave County Building.

Before the Sen. McCain town hall meeting we were exercising our First Amendment Right to give out fliers about Sen. McCain’s voting records.
I was politely giving fliers to people who wanted to know more about the voting records of Sen. McCain, when I was told by the County guards and by Supervisor Buster Johnson personally, in front of Sheriff Sheahan and two of his deputies and many other witnesses, that I was not allowed to hand out fliers in the County Building because of a "law".
Sen. McCain’s campaign staff was allowed to hand out fliers, and to exercise their First Amendment Rights on County property before his town hall meeting, and yet Mr. Dean Jacobs and I were not given the same Constitutionally Guaranteed Rights to do the same.
At the time I did not want to argue because I did not want to be "escorted" out of the building and miss Sen. McCain’s speech, so I complied with Supervisor Johnson’s non-specified “law” and was forced to stop giving out fliers immediately.
After this event I did some additional research about this non-specified "law" that Supervisor Johnson was referring to and it appears that he was referring to the ARS 11-410 (please correct me if I am wrong).

ARS 11-410 prohibits to the use of county resources or employees to influence elections:
A. A county shall not use its personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections.
Notwithstanding this section, a county may distribute informational reports on a proposed bond election as provided in section 35-454.
Nothing in this section precludes a county from reporting on official actions of the county
board of supervisors.
B. Employees of a county shall not use the authority of their positions to influence the vote or political activities of any subordinate employee.
Nothing contained in this section shall be construed as denying the civil and political liberties of any employee as guaranteed by the United States and Arizona Constitutions.

If this is the law Supervisor Johnson was referring to, I don't understand how and why Mr. Jacobs and I were denied our First Amendment Right to hand out fliers on County property.
Perhaps Supervisor Johnson does not understand that ARS 11-410 was legislated for the "County and its employees".... and was not intended for the purpose in denying to the Arizona residents their First Amendment Rights.
So far the only response I have received was from the Mohave County Attorney's Office assistant, via by email, on Friday, December 18, 2009. Apparently the County Attorney does not believe that I am worth contacting directly regarding this matter.
The following is the answer I was given in the email: 
"It has long been our position and policy that County property is an appropriate place toconduct county business unmolested by political activities and opinions.  It is not meant to be a forum for constitutionally protected free speech as there are other convenient places where
those rights can be exercised without disrupting the rights of others."


My observation: I see, Sen. McCain, and his employees, can exercise their First Amendment Rights on County property, but we Citizens are not allowed the same privilege under “County Policy and Position” to do the same. I was not aware that the County Policy and Position can override the 1st and 14th Amendments of the United States Constitution, that respectively protect Freedom of Speech and Equal Protection under the laws.

Also let me remind you the Arizona Constitution, which you all took an oath to protect and defend when you took office: Article II
Section 5. Right of petition and of assembly
Section 6. Freedom of speech and press
Section 13. Equal privileges and immunities

Bottom Line once again: All I am asking is to show us the LAW that forbids or limits freedom of speech on County property, especially during a public town hall meeting.

At the very least the Citizens and Tax payers, that you are supposed to represent and serve, We The People deserve an answer, not to be ignored like slaves.
After all, you are supposed to work for us, and protect us, according to Article 2, Section 2 of the Arizona Constitution:
“All political power is inherent in the people, and governments derive
their just powers from the consent of the governed, and are established to
protect and maintain individual rights.”

I am proud to live in Arizona and in Mohave County, and I will not accept that in our County the US Constitution and the Bill of Rights is just a "concept" which does not apply to us.
I will not accept following a law that is not shown to me.
I will not accept living under the “color of law”.
I will not accept being ignored when it comes to a just and lawful answer.
I did not decide to leave communist Italy and to become an American Citizen, to then resign myself to living under another tyrannical government.
Waiting for an answer.

Respectfully

Gianluca Zanna

Here is the "famous" Voting Record Flier
I was passing out during the McCain town hall meeting

Here is the business card of Sen. McCain Campaign manager Anthony Miller...
many of these cards were given during McCain townhall meeting... the County Property was used for political Forum in supporting McCain Campaign re-election.
Anthony Miller

AZ State Rep. Nancy McLain
State Rep. Nancy McLain agrees with Zanna

(AZ Rep. Nancy McClain of Bullhead City said:)
"she agrees with Zanna, saying the town hall was a meeting with McCain who was there to run for re-election. The County should not allow the public to hand out literature on normal work days but should allow it in the event of a political event", she said.

Stated in the Mohave Daily News Monday Feb 15th 2010


Email between Sup. Buster Johnson,
County Attorney Bill Ekstrom, County Manager Ron Walker...

This email was on 12/03/2009 they were aware of my petition and they ignored me for weeks,
until finally thanks to the Kingman Daily Miner they were forced to answer January 06 2010

Article Kingman Daily Miner January 6th 2010

Shut up, sit down
Man’s query on county free speech policy unanswered
Article January 18th 2010 Kingman Daily Miner

Tom Sockwell Letter to Editor KDMiner Thursday, January 21, 2010
Let's leave the '70s in the past

My answer to Lord Supervisor Sockwell on the KD Miner and The Standard
by Gianluca Zanna

1) Your laughable attempt to associate me to a left hippy wingnut above the law, I found it border line "slanderous".
I am a law abiding Citizen, registered Republican, that believe in our Constitution and Bill of Rights before any party coolaid. If to exercise our First Amendment in Mohave County means to be an outlaw, well, then I am a proud to be one. Sheriff Sheahan was witness the Infamous day of McCain town hall meeting. I was always polite, and respectful, doing the same thing that Sen. McCain campaign staff were doing on OUR County property... exercising our First Amendment. I was so polite, that I did stop handing out fliers immediately as I was given notice by Sup. Buster Johnson, even I knew that it was "unconstitutional", so null and void Supreme Court Case Marbury vs. Madison (5 U.S. 2 CRANCH 137, 174, 176, I803), "all laws repugnant to the Constitution are null and void.".

2) Sup Sockwell you say in your letter: "I talked to Zanna on Nov. 3 regarding an issue, yet today he claims he hasn't talked to any of us".
Dear Sup Sockwell, McCain townhall meeting was held November the 13th 2009. How can I talk to you the 3rd of November about something it did not happened yet? it just proof that you are not only arrogant, but also don't get your facts straight. And by the way... you talked to me about "an issue"? Can you please share with all of us what the issue was? Now I am curious.
"UPDATE check Sockwell email that he denies what he just said"

3) Sup Sockwell you say in your letter: "Arizona Revised Statute 11-410 forbids use of county "personnel, equipment, materials, buildings or other resources for the purpose of influencing the outcomes of elections."
Exactly... you used the County Resources and personnel to promote Sen. McCain coming re-election. Also, ARS 11-410 was legislated for the "County and its employees".... and was not intended for the purpose in denying to the Arizona residents their First Amendment Rights.
And to top it off, Don't forget that County Policy and Position cannot override the 1st and 14th Amendments of the United States Constitution, that respectively protect Freedom of Speech and Equal Protection under the laws.
The same Constitution you took an oath to defend when you took office.

4) Sup. Sockwell you say in your letter: "hand out material attacking honored veteran U.S. Sen. John McCain" Let's not hide the globalist pro amnesty CFR member voting record of Sen. McCain behind McCain the soldier... we are here to talk about Sen. McCain the politician... and just for your record, in these handout fliers, all we were showing was Sen. McCain Voting records... just the facts. If people are curious can read them at MohaveMinutemen.com

5) Sup. Sockwell you say in your letter: "Zanna was told before the last Board meeting that the Arizona Open Meeting Law states that only agenda items can be discussed. He ignored the information and broke the Open Meeting Law as he believes he is above the law." Sup. Sockwell, if you or any or the other Supervisor, or county attorney had the decency to return one of my calls, emails and attempt to communicate during the last month... I did not have to resort to do what I did. If somebody broke the law, that was you according to Article 2, Section 2 of the Arizona Constitution:
"All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."
You forgot that you work for the People, and supposed to protect our individual right and not to use your position and office to pander for a party agenda and for Sen. McCain.

6) And to end your pathetic attempt to smear my person and honor, here you say: "does he think all people with dark hair who don't speak English very well should be stopped on the street and ordered to produce "their papers"?"
If this was not so serious, I would laugh. First I remind you that I don't speak English very well myself... since I was once a legal Immigrant... and my hair is dark too...
Please for the respect of the office you hold, refrain yourself in attempt to smear with lies and distorted facts your Constituents that are paying for the bread you eat.
Regards
Luca Zanna

County violated the law, not us
Kingman Daily Miner Sunday, January 24, 2010

We expect more from elected officials
Kingman Daily Miner Sunday, January 24, 2010

You owe us an apology, Mr. Sockwell
Kingman Daily Miner Sunday, January 24, 2010

Forget who you work for?



Kingman Daily Miner: Don't fret! There's a policy against that
Mark Borgard, Editor - Sunday January 31, 2010


County sticks with policy on politicking
Suzanne Adams - Sunday, January 31, 2010

Supervisors get silent treatment
Suzanne Adams, Miner Staff Reporter Tuesday, February 02, 2010

Golden Valley man preparing recall petition
By JIM SECKLER/The Daily News
Wednesday, February 3, 2010 11:16 PM CST

Sockwell recall launched by Zanna
Suzanne Adams, Miner Staff Reporter Friday, February 05, 2010

Column: Rule of law deserves respect
by Ron Walker, Mohave County Manager letter to the editor on Kingman Daily Miner
Sunday, February 07, 2010

Sen. Ron Gould speaks out on the Standard February 10th 2010

Letter to the Miner: You showed a lack of respect
Wednesday, February 10, 2010

Letter to the Miner: Citizens should be stunned
Thursday, February 11, 2010

Letter to the Miner: Ekstrom needs to read Constitution
Thursday, February 11, 2010

Letter to the Miner: Don't choke on your foot, Mr. Walker
Thursday, February 11, 2010

Letter to the Miner: No law is above the man
Friday, February 12, 2010

Letter to the Miner: Article lacked respect for Rule
Friday, February 12, 2010

Letter to the Miner: Looks like misuse of taxpayer money
Friday, February 12, 2010

County 'policy' doesn't exist
by Suzanne Adams Sunday, Sunday February 14, 2010

Debate: Free speech on county property
By JIM SECKLER Monday, February 15, 2010

Letter: GOP-flavored institutional arrogance Kingman Daily Miner
Tuesday, February 16, 2010

1 arrested in protest of county's 'policy'
Wednesday, February 17, 2010

Letter: We elected you, we can un-elect you
Wednesday, February 17, 2010


Front page Mohave Daily News WEDNESDAY FEBRUARY 17, 2010
PROTEST: Mervin Fried, 45, of Kingman, left, holds a pitchfork during a protest organized by Mohave County Minutemen spokesman Luca Zanna in front of the county administration building in Kingman on Tuesday. Fried later was arrested for bringing the pitchfork inside the building.


Letter: An open response to Ron Walker on the Kingman Daily Miner
Thursday, February 18, 2010

Letter: It's not a policy until it's written down
Kingman Daily Miner Friday, February 19, 2010


Letter: They're called constitutional rights!
Kingman Daily Miner Friday, February 19, 2010



The Standard weekly February 17th 2010 Protest at Mohave County Building
Part 1 - Part 2 - Part 3

Letter: Supervisors unfit to lead Kingman Daily Miner 2/23/2010

Letter: Walker just hasn't figured it out Kingman Daily Miner 2/24/2010

Standard Article Feb 25th 2010

Part 1 - Part 2

A Message About Security And Risk Management From The County Manager
Thursday, Feb. 25, 2010

Weapons banned from county building By JIM SECKLER/The Daily News
Published: Thursday, February 25, 2010

County cracks down on politicking, weapons Policies put in writing
Kingman Daily Miner Friday 2/26/2010

Letter: 'You People' are officially on notice
Kingman Daily Miner Letter to the Editor Friday 2/26/2010

Weapons, politicking policies top Monday's agenda
Kingman Daily Miner 2/28/2010

BOS eyes dress code, weapons ban
Change to county’s rules of order to be discussed at today’s executive session
By JIM SECKLER/The Daily News Published: Monday, March 1, 2010

Protest Prohibition by Justsaynews.com

Battle over free speech and first amendment rights in Mohave County
by 3TV / azfamily.com March 1, 2010



County Opts for Gun Control Kingman Daily Miner
Displeasure voiced over county's new weapons policy
Supervisors say they had no choice 3/2/2010

New County gun policy called illegal By JACKIE LEATHERMAN
Today's News-Herald Published Tuesday, March 2, 2010

Letter: A truly dysfunctional government
Kingman Daily Miner 3/3/2010

The "new" County Ordinance Page 1 - Page 2 - Page 3 - Page 4

The Mohave County press release PDF file - "The newPolicy"

Battle over free speech and first amendment rights in Mohave County Pt. II
Channel 3 AZFamily.com March 2 2010

3/4/2010 Letter to the Editor Kingman Daily Miner: It's time to get rid of incumbents

Letter to Editor Kingman Daily Miner 3/4/2010 : No one shall silence freedom


Battle over free speech and first amendment rights in Mohave County Pt. III

3/5/2010 Letter to Editor Kingman daily Miner: Walker, BOS would have worn red

Sup. Tom Sockwell on Channel 2 Laughlin NV

GV man pursues injunction against county over policies
by Suzanne Adams Kingman Daily Miner 3/5/2010

3/9/2010 Kingman Daily Miner Letter: Sheriff needs to set the example

3/10/2010 Kingman Daily Miner Letter: You should be scared of "You People'

3/10/2010 Kingman Daily Miner Letter: Traitors lurk inside the walls

3/10/2010 Kingman Daily Miner Column: The uneducated and the ignorant

Sockwell at center of storms By NEIL YOUNG/The Daily News
Published: Wednesday, March 10, 2010

3/10/2010 The Standard Editorial Did The County lash out?

3/11/2010 Letter Kingman Daily Miner: An open letter to Walker and BOS

3/12/2010 Letter Kingman Daily Miner : Is this what God meant for Kingman?

3/12/2010 Letter Kingman Daily Miner: The privilege of watching Walker's show

3/15/2010 Zanna launches Sockwell recall effort today
by Suzanne Adams Kingman Daily Miner

Recall effort against Sockwell begins By JIM SECKLER/The Daily News
Published: Monday, March 15, 2010

Letters to the Editor Mohave Daily News Published: Monday, March 15, 2010

3/16/2010 Zanna begins process of trying to recall supervisor
by Suzanne Adams Kingman Daily Miner

3/17/2010 Letter Kingman Daily Miner : Use your rights or lose them

3/18/2010 Letter Kingman Daily Miner: Let's make a deal on this

3/19/2010 KDMiner Sockwell says recall effort not a big concern
3,700 valid signatures needed

3/19/2010 Letter Kingman Daily Miner: Is Walker crazy or just paranoid?

3/19/2010 Letter Kingman Daily Minerr: Bad guys shun areas with guns

3/21/2010 Kingman Daily Miner Editorial: One man's fear

3/21/2010 Kingman Daily Miner Column: No one deserves to be treated this way

3/21/2010 Kingman Daily Miner Think twice before banning firearms

3/25/2010 Letter Kingman Daily Miner: Stand up and support Zanna

3/26/2010 Letters Kingman Daily Miner: We will remain silent no longer

3/26/2010 Letters Kingman Daily Miner: Send out the clowns


3/28/2010 Letter Kingman Daily Miner : The Color of Authority

Group takes recall effort to the streets By NEIL YOUNG/The Daily News
Published: Friday, April 2, 2010

4/5/2010 Kingman Daily Miner Sockwell recall nets 700 signatures so far

Kingman Daily Miner 4/8/2010 Letter: Here's why Sockwell must go


------------------------------------ The public records emails story--------------------------------------

Receipt Public record request emails since Feb 15th to March 5th 2010

Emails between Patricia Moran and Sup. Sockwell with my name that I have never was given through the Public Records of Feb 15th request

Email provided by Sup. Watson through public record request
Why Sup. Sockwell could not provide this email?

Sup Sockwell says in his letter to the editor Kingman Daily Miner 1/21/2010:
"I talked to Zanna on Nov. 3 regarding an issue, yet today he claims he hasn't talked to any of us".

"UPDATE check Sockwell's email that he denies what he just said"

38-421. Stealing, destroying, altering or secreting public record; classification

Email between Sup. Buster Johnson,
County Attorney Bill Ekstrom, County Manager Ron Walker...

This email was on 12/03/2009 they were aware of my petition and they ignored me for weeks,
until finally thanks to the Kingman Daily Miner they were forced to answer January 06 2010

New County Ordinance 3/01/2010 that regulates
Freedom of Speech and Dress Code

4/15/2010 The Standard Letter to the Editor by Wayne Smith
Mohave County New Dress Code - Ron Walker's "Hat Trick"

4/30/2010 Kingman Daily Miner New gun law may impact Mohave
Measure nixes record policy in place for county offices

Zannas sock county with $500,000 claim
Civil rights violations, slander, libel alleged by Golden Valley couple
5/4/2010 Kingman Daily Miner

County supervisors served notice of claim
Citing civil rights violations, Golden Valley man asks for $500,000 By JIM SECKLER/The Daily News

Second claim filed against supervisors
Golden Valley man seeks $42 million in damages for alleged rights violations
By JIM SECKLER/The Daily News Published: Friday, May 7, 2010

5/18/2010 House gun bill creates a stir
Measure prohibits record-keeping by governments

5/20/2010 Zanna vs Mohave County Standard Newspaper by Greg Bucci
Part 1 - Part 2

5/20/2010 Zanna makes progress in Sockwell Recall - new gun law signed
Standard Newspaper by Greg Bucci

Civil claim against county moved to federal court
By BILL McMILLEN/The Daily News Published: Sunday, June 20, 2010

Lawsuit against county moved to federal court
by Suzanne Adams Kingman Daily Miner 6/22/2010

Luca Zanna mum on number of recall signatures collected
Supervisor Sockwell says he will challenge if July 13 deadline is met

by Suzanne Adams Kingman Daily Miner 7/7/2010

Supervisors oust 2 from meeting for violating dress code
By JAYNE HANSON Today's News-Herald Published Monday, August 2, 2010

Golden Valley man claims he was assaulted before BOS meeting
By BRIDGET LEWISON/The Daily News
Published: Tuesday, August 3, 2010 11:56 PM MDT
pag1 - pag2

Dress code still in force - and enforced
Watson receives no second on motion to remove order

Kingman Daily Miner 8/3/2010 6:00:00 AM by James Chilton

I'm waiting for an apology
letter to the editor by Wayne Smith Kingman Daily Miner

Notice of claim given to county
By DAVID BELL Today's News-Herald

Published Friday, August 6, 2010 10:12 PM MST

Ball caps' roar is muted by supervisors Today's News-Herald
Published Friday, August 6, 2010

Fried puts county on notice
Man arrested with pitchfork says his rights were violated

8/12/2010 Kingman Daily Miner

Zanna files complaint against county
By JIM SECKLER/The Daily News August 13, 2010 2:53 AM MDT

Zanna files complaint in district court
Golden Valley man says county violated his rights
8/16/2010 Kingman Daily Miner

Watson, Goodale blast ADOC policies
S. Adams Kingman Daily Miner 8/19/2010
Republican Men's Club President Dr. Larry Schiff pointed out that Luca Zanna and the others who had filed lawsuits felt that they been treated with disrespect by the county. Perhaps if they had been treated with a little more respect they would not have resorted to lawsuits, he said. Watson agreed.
"There were two letters that went out. I didn't approve of the letters, and if I had had the authority, I wouldn't have approved them," he said.


County responds to claims made by the Zannas in suit
Lawyer for county does not acknowledge Walker's letter in Feb. 7 Miner

9/15/2010 Kingman Daily Miner

Letter: Walker appoints czars, BOS approves 9/15/2010 Kingman Daily Miner

Letter: Is Walker now a lobbyist? 9/16/2010 Kingman Daily Miner

Lawsuit likely to embarrass by Greg Bucci the Standard Sept 24 2010


-----------------------------------------------------------------------------------------------------------------------------------------

UNITED STATES CODE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS

§ 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -
They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.

§ 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.


"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 436, 491.

"State officers may be held personally liable for damages based upon actions taken in their official capacities." Hafer v. Melo, 502 U.S. 21 (1991).

In Marbury vs. Madison (5 U.S. 2 CRANCH 137, 174, 176, I803), "all laws repugnant to the Constitution are null and void."

"An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Norton vs Shelby County \ 18 US 425 p.442

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Gun Registration in Mohave County - Recall Watson

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