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
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...
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 Smiths 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. McCains 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. McCains 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. McCains speech, so I complied with
Supervisor Johnsons 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).
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
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
Amendments of the United States Constitution, that respectively
protect Freedom of Speech and Equal Protection under the laws.
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.
Here is the business card of Sen. McCain Campaign manager
many of these cards were given during McCain townhall meeting... the County
Property was used for political Forum in supporting McCain Campaign re-election.
State Rep. Nancy McLain agrees with Zanna
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
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
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
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.
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.
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;
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.
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