The Tail Wags The Dog Slowly…
So many people ask me how things are progressing in the litigation against Shandi and myself that I figured I should post an update, though I have written about it on the Ministry website.
In January 2008 Lt. Falslev, the head of the American Fork Police Detectives Division decided to chase our ministry out of town and engineered the raid of January 3rd, followed by a zoning order to vacate our residence and criminal charges against Shandi, a body piercer at the studio and myself on two unrelated (false) charges.
Zoning, Licensing Issues -
There are one zoning and one licensing issue.
The first was a demand by Lt. Falselv pretending to be the zoning enforcement officer (who by the way - the zoning enforcement officer - refuses to have anything to do with these charges) demanded that Kita and I quit living in the apartment attached to the ministry studio. First we were given 14 days to vacate, then the demand was changed to us needing a zoning variance and then later changed again to us needing a caretakers permit and finally changing again to us simply needing a letter from the zoning office acknowledging our right to use the apartment as a residence. When I applied to Rod Despain, the zoning officer for such a letter, he like everyone else in American Fork, refused to have anything to do with Lt. Falslev’s demands and forwarded my request to Kasey Wright, the City’s legal counsel.
The licensing issue was where the city claimed that our church was required to have a business license because we tattoo. I responded that tattooing and piercing were spiritual services that we offer and were essentially no different than other spiritual services offered by us or other churches and that the donations we received were no different than donations made to other churches - including recommended amounts for donations such as for dinners, dances, blessings, weddings, funerals, building and missionary funds, tithing, etc..
This matter was also referred to Kasey Wright who demanded proof that we were a legitimate church, which I provided.
It has been nearly seven months since these two matters ended up with Kasey and in spite of the urgency that Lt. Falselv and the City Clerk (respectively) attached to their resolution, I have not heard anything back in all this time and the documents I provided have not been returned.
I can only assume that Kasey has recommended to the city that they just forget about it.
I am willing to let things sit while we are finishing up with the criminal charges at which time I expect to demand a final accounting and settling of these demands.
Criminal Charges -
Vs Shandi - Dealing In Materials Harmful To A Minor
The United States Congress, concerned over the prospect of minors being exposed to pornographic web sites on the internet at public libraries, established a non-criminal violation of “material harmful to minors” to be applied to persons who intentionally left such web pages active on library computers when they were done using them, considering that by leaving the page up, it was possible that minors might be the next users and thus be unintentionally exposed to such materials, also printed material intentionally left at library photocopiers.
The penalty for a first offence was to be a verbal warning. The penalty for a second offence was allowed at the discretion of the head librarian, the revocation of the holders library card/privilages for up to one month.
As soon as the new term was coined, several states rushed to use it in new laws aimed at restricting minor access to hardcore pornography and in some cases to limit business opportunities for those dealing in such hardcore sex materials. Utah is one of these states.
Even though this law by Congress is a library/internet only application with no criminal charges attached, the states quickly applied the designation “material harmful to minors” to enjoin criminal charges and one reading the law will quickly notice lots of exemptions regarding internet offenses as these were strictly defined by Congress.
For the intended meaning of the phrase, the interpretation of what is “harmful” is open to interpretation by the head librarian though restricted to “hardcore pornography”, but in the hands of Lawyers, the lack of a strict interpretation means that almost anything that any particular cop or prosecutor personally feels that children should not be exposed to can be made to fit the charge.
This is what happened to our piercer, Shandi.
While a group of six minors aged 13 to 16 (three boys and three girls) were visiting the studio, two of the girls approached Shandi about performing a piercing for the older of the two (13 & 14). Shandi explained that the girl would need her parent to be present for the piercing and while the girls tried to offer alternatives, each being rejected as against studio policy and Utah law, the other 4 minors occupied themselves otherwise.
One of the three boys sat on the couch in the reception area looking at a tattoo magazine while the other girl and two boys stood at a counter containing art books and artist portfolios which put them in a position where the two girls asking for piercings effectively blocked Shandi’s view of the kids at the library counter.
The art in the books and the artist portfolios is rather tame and do not contain pornography. One book, clearly marked “ADULTS ONLY” was an exotic piercing portfolio. This book contains clinical photographs of nipple and genital piercings that are not erotic or sexual in any manner. In Michigan these photos were freely displayed in poster frames and mixed portfolios, but when we moved to Utah we sensed that it would likely be appreciated by a sufficient portion of neighborhood parents if we would place such photos in a single album and restrict it to adults only, which is what we did, not by compulsion but as a freely performed act of consideration for our neighbors.
Since this book is the cause of the current complaint I want to dwell a bit more on it.
The Utah Attorney General has published on the official Attorney General Website the official AG position regarding pornography and material harmful to minors. In this position the portfolio in question fits the Attorney General’s description of material that is akin to a sociology text or National Geographic Magazine and would be thus considered not only not “material harmful to minors”, but further to be materials “instructive to minors” which could legally be viewed by any one of any age without the need for parental consent.
But, Lt. Falselv thinks that kids should not be looking at such pictures, and that is fine. It’s just that he cannot give his personal opinion the force of law which is what he has attempted to do.
He also feels that minors should be prohibited from seeing (the outside) of a tattoo studio and that they should be prosecuted if they enter. He and Chief Call virtually demanded that I post a sign on the door in addition to the sign prohibiting minors without their parents adding that policy violators would be prosecuted.
Of course, there is no law prohibiting minors from the studio. That is simply our own policy and it is not because we think any of our materials are harmful to minors, but for other more practical considerations and out of respect for some of the more insecure parents in the neighborhood.
We are a ministry after all and provide many services besides tattooing and piercing. There are many reasons why a minor may access our location and we generally take a non-brutal approach to those who choose to ignore our self-imposed policies.
We do not and have never allowed loitering and generally share with minors seeking tattoo/piercing service the law prohibiting tattoos for minors and the need for them to return with their parents for piercings - at which point they leave.
A while back, it was declared by some Mormon from the steps of the State Capitol Building that Michelangelo’s statue of David was pornography. I have no doubt that Chief Call and Lt. Falslev fall into the category of people who would support that opinion and that they would support arresting anyone who allowed anyone under 18 to see such “art”.
So while Shandi was distracted by the two girls, the oldest boy (16 yrs.) , disregarding the “ADULTS ONLY” label, was looking at the Adult Piercing portfolio and was teasing the other (15 yr old) boy by telling him that the clients pictured in the were “his boyfriend” etc.. After teasing the boy, he attempted to likewise tease the other (15 yr old) girl. She refused to look at the pictures so her “friend” tried to push the book into her face. She says that she did not really get a real look at the picture he was trying to force on her.
This behavior went unnoticed by Shandi and other staff members and after the two girls trying to get piercings had exhusted their attempts to get Shandi to provide illegal services, the whole group was asked to leave the studio.
For the two (and maybe three) minors looking at the piercing portfolio, Shandi has been charged with four 2nd degree felony counts of dealing in materials harmful to minors.
Shandi has gone to court about every month since the charge was served in February for one continuance after another, as the prosecutor can’t ever seem to get her end of business completed.
Finally we were told that the prosecutor wants to drop the case and withdraw the charges completely, but a new County Attorney policy requires the investigating (police) officer to agree before any radical changes to a charge are made.
In this case the investigating officer, Lt. Darrin Falselv - is adamant that the prosecution continue, though he apparently is willing to let the prosecutor attempt to get Shandi to plead guilty to a lesser charge of some sort.
We are hoping that Shandi will stick to her guns and not plead guilty to any offense as she has not committed any.
We were told that the prosecutor asked in the County Attorney’s staff meeting to be allowed to simply drop the charge, but that she was told that Lt. Falslev is determined to punish me by finding Shandi guilty of something and that he has been very aggressively lobbying the County Attorney Jeff Buhman to refuse to drop the case. The prosecutor was told apparently in front of the entire staff that only because of Lt. Falselv’s demands would permission be denied to drop the charges.
It is amazing to me that our own little Lt. Falslev can have such power over the County Attorney, but I guess I shouldn’t be too surprized as he bragged to me last January about how the City and County Attornies do what ever he tells them to. I thought at the time it was a pretty big brag from a petty little blowhard, but it seems the Lt. does run the government. He sure seems to run every department of the City of American Fork!
We have been advised that (barring a plea agreement) the Judge is most likely to dismiss the case as being without merit, when it comes up for the preliminary hearing on August 26th.
Since the prosecutors office is too weak to stand up to Lt. Falsev, that is what we have to hope for and expect.
I wouldn’t be surprized though if the Lt. tries to intimidate the Judge also, and this is, after all, Utah - where any bizarre thing can and often does happen.
Shandi’s attorney was told by the prosecutor that Lt. Falslev hates me so much that he is demanding Shandi’s prosecution as a method to hurt me. I think it is disgusting especially for someone in a position of public trust to attempt to destroy a wonderful young woman and her family in an attempt to put me in my place for the crime of not letting him push me around when I had done nothing wrong. He felt I should fire a valued staff member (Shandi) just so he could look good. Maybe he should try earning rather than theiving his brownie points.
He has at least succeeded in his crappy little plan enough that Shandi is so intimidated by him that she is afraid to come to work and because she expects the cops to harass her more at work she quit a couple months ago.
Vs. Dr. Lowrey - Unlawful Tattooing of A Minor
This is the charge that was made against me in retaliation for me refusing to fire Shandi.
I have evaluated the charges against the law in detail - here.
At my last court hearing a date for a preliminary trial was set and notice was given and accepted for a motion to dismiss to be filed.
I am expecting for this charge to be dismissed without another court appearance.
Anyone who thinks this is a waste of taxpayer money and the time of judges, etc. and not a legitimate use or activity of our police and prosecutorial staff are welcome and invited to call Mayor Thompson, Chief Call, Lt. Falslev, the Utah County Attorney Jeff Buhman, the Utah County Commissioners and your legislators, Governor, Attorney General etc. and complain.
We are not the only people being victimized by the local government in this manner. American Fork City has taken up the harassment and victimization of it’s citizens as a regular course of business and fund-raising.
I think it is treasonous and a violation of the 14th ammendment - rebellion against the Constitution.
We need to kick the bums out!
So, register to vote.
I have.