One Man's Protest/Demonstration

[Dennis Heaton]

Just the facts...This past Thursday, Dec 19, 2013, I was standing on the corner of N. Council and W. Hefner, holding my signs, "Boycott Hefner Stop" and "Hefner Stop Is A Rip Off." OKCPD (Hefner) told me I needed a City Permit from the OKCPD, Permit and ID office. The Officer told me to leave and not come back until I get that Permit. Question: Do I have to have a Permit from the OKCPD to peacefully demonstrate against a business in Oklahoma City?

[rezman]

Yes, you have to have a city permit.

http://www.okc.gov/pw/pdf/2010-ACTIV...ON-3-19-10.pdf

[Dennis Heaton]

rezman...thanks for the info/link. Been there, done that, got the "Activity Permit." The Officer from the OKCPD (Hefner Division) specifically told me I had to get a permit from the OKCPD, Permit and ID Section...in fact, she told me that they (the OKCPD) supersedes the Cities "Traffic Management Division." Will post more later.

[kelroy55]

Seems odd to have to get a permit to exercise your right to free speech. You can always put those signs on your car and drive around the block or park by the store.

[BlackmoreRulz]

Would like to hear the rest of the story on why you're picketing this particular convenience store.

[Dennis Heaton]

BlackmoreRulz...The Rest of The Story will be posted soon. Suffice it to say at this point, it has to do with a demand for unpaid wages and overtime.

[Bill Robertson]

Would like to hear the rest of the story on why your picketing this particular convenience store.

So would I. I live about three blocks from there.

[Dennis Heaton]

SoonerSoftail...then you have probably seen me a time or two cruising The Square Mile. I have been living in the neighborhood since 1995 and I have worked at Hefner Stop the past two summers. If you ever read some of the patriotic messages, birthday greetings, etc. on the Conoco sign on the corner, well, that was me that put the messages up there.

[Bunty]

Do you still need a permit to hold up signs telling how much you love a store?

[kelroy55]

I wonder if those guys on the corner trying to sell you pizza have a permit.

[Dennis Heaton]

BlackmoreRulz...I will have The Rest of the Story a lil bit later. Suffice it to say, for the time being, it all has to do with unpaid wages.

[OKCisOK4me]

Do those guys that preach on the corner in front of gas stations need permits to do their thing?

[Dennis Heaton]

SoonerSoftail...I live just down the street and organized the Square Mile Neighborhood Watch. I have probably seen ya ride by a few times, or maybe met ya iif ya stopped in the store "when I was working there." If you read any of the patriotic messages, birthday wishes, etc. on the Conoco sign on the corner...that was me. Then the censors (store owner) complained and they (store leasee) went back to that old, dull ethanol free gas text. I will be updating soon.

[zookeeper]

Permit to exercise your first amendment right to free speech? Really? Sounds like a very Oklahoma thing to do. I love our state but sometimes things like this chap me.

[Dennis Heaton]

Hello Citizens of Oklahoma City, this is Dennis Heaton (aka: possumfritter). Stand by for the rest of the story!

[zookeeper]

Hmmmm.....doing further research, the courts that have allowed cities to require permits are for demonstrations that involve multiple numbers of people as defined by "marches" and "demonstrations".....I don't think this fits that. Call the ACLU (they know everything on this stuff) and ask about the permit ordinance in OKC. I just read where many cities have these, but knowing they are not enforceable and wouldn't hold up in higher courts don't actually enforce them for small protests on public property (sidewalks, etc.). They call these intimidation permits or some such thing. It makes sense to me. Check on it and get back with us. Sometimes Oklahoma politicians have to be reminded that there are Amendments besides the Second Amendment which seems to be all important around here.

I would be interested to hear from Jeepinokc, Midtowner, and Kevin Pate.

[Dennis Heaton]

zookeeper...Thanks for the input! ACLU is on my call list...after I give Mayor Mick, Councilman Ryan (Ward 8), Mr. Ryan (OKC Event Permit Coordinator), AND Chief Citty of the OKCPD an opportunity to respond to my letter to them.

"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." Thomas Jefferson

[boitoirich]

Hello Dennis. I am not sure what you're protesting, but I hope it is something you are able to bring to a satisfactory conclusion eventually.

As for the discussion on First Amendment rights, the courts will uphold something called "Time Place Manner" restrictions on exercising those rights as long as they are content-neutral and narrowly tailored to accomplish a rational goal. This means, for example, that a law requiring volume controls on audio, or requiring permits for protesting, are allowable as long as they serve a reasonable goal (preventing disturbing neighborhoods, maintaining the orderly flow of traffic, etc), do not place blanket bans on expressing those first amendment rights (no protesting allowed, etc), and do not discriminate against a particular viewpoint.

In this case, all the city would need to do is demonstrate that it has a significant interest in requiring protest permits and that the permit requirement is not unduly restrictive. That there is some encumbrance to your right to exercise free speech would not be enough to show undue restriction on the city's part. Requiring buffers around protest points of interest and permits have been upheld, while blanket bans such as "no images or posters" have been struck down as unduly restrictive to speech.

If you need more information, search for "Time Place Manner Free Speech Restrictions." Hope this information works as a starting point, and again good luck with your protest.

[Dennis Heaton]

NOW, FOR THE REST OF THE STORY...

This past May, I was asked by the Leasee of Hefner Stop (7933 W. Hefner Rd.) if I could come to work for her. I replied, "that depends." We talked some and we came to a mutually agreeable understanding. For me, I had to make it very clear to her that under no circumstances whatsoever would I be working for the Owner of Hefner Stop.(Note: The owner owns several independent, stand alone convenience stores throughout the metro area, including Kwik Track on NW 150 and Penn as well as NW 178 and Penn). I began working there just a few days before Mother's Day. As far as the work was concerned it was going well. I was receiving the pay and the compensation in-kind that we had agreed to originally. The few times the Owner came in I simply took a break until he left the property.

Towards the end of May a couple of OKCPD Detectives visited the store and spoke with the Leasee's husband, whom worked the 2nd shift until closing. The very next day the husband tells me that he is going back to Bangladesh and his wife wanted me to start coming in at night for a couple of hours. I told him I would think about it. The next day I spoke with the Leasee and she informed me that "something" had happened but she couldn't talk about it. I informed her that I really preferred not to come in at night and that I would stay a couple hours longer in the morning and help with the stocking. This of course meant we had to re-negotiate our agreement. We agreed on the new terms and since it might prove a bit confusing to her, I reduced it to writing. The husband got on a plane to Bangladesh the first week of June.

Shortly after the husband left, an ex-employee of Hefner Stop started hanging out at the store for hours at a time on an almost daily basis. Have you ever seen videos of two Pit Bulls going at it? These two were ten times worse...verbally! There was one day I had to physically remove the Leasee from the front end and take her back to the inner office. After about 45 minutes, she went back up front, and from behind the counter, picked up right where they had left off, yelling at each other for another 65 minutes...all in the presence of no less than 74 customers that had come into the store during that time. This went on for about two friggin weeks. When she asked me what she should do, I told her to call the Police Department and file a complaint for Stalking and get an attorney and file a VPO.

Then, on or about June 20, the Leasee quit coming to work at Hefner Stop, except to pick up bank deposits a couple of times. I don't know if she went to work at the stores in Edmond or if she went back to Bangladesh. I should note here that she never got around to signing our employment agreement.

So, a couple weeks later, July 12 to be exact, I clocked out and went up to the counter to collect my pay. I said, "Uh, you are $69.00 short." The clerk replied, "KC said that's all you get." I told him to get KC on the phone, which he did. I said to KC, "Are you going to pay me what I am owed for this week?" He replied, "No." I said, "Mr. Kawsar Chowdhury...I quit."

On July 16, 2013 I mailed a "Demand for Payment of Unpaid Wages and Overtime" to all parties concerned. I gave them a couple of weeks to make good. When I didn't receive my payment I mailed out (Certified Male/Return Receipt) a "Second and Final Demand for Payment of Unpaid Wages and Overtime". After four attempts by the USPS to deliver my letter, it was returned to me. On August 02, I taped a copy of my letter on the door of Hefner Stop. I did so again on December 04 and 14. Nothing. (Note: The U.S. Dept. of Labor and the Oklahoma Dept. of Labor will be getting my formail complaints O/A Jan 07, 2014). So, on December 19 I decided to stand on the corner of Council and Hefner with my two signs, letting the good folks of NW OKC know that Hefner Stop is a rip off. The owner called the OKCPD and that's when the Police Officer from the Hefner Division showed up and that is when I found out that I could not be out there demonstrating unless I had a Permit from the OKCPD Permit and ID Section.

By the way, I found out after a little digging, that the reason I was asked to come to work at Hefner stop was because the wife of the Owner, along with 4 or 5 Bengali thugs, beat and robbed the husband of the Leasee, and that is why he had to return to Bangladesh. There is a lot more to this, and like a good lawyer friend of mine back in South Carolina told me...no matter how flat you make a pancake, there's always two sides. To those of you that know your way around the Oklahoma County Assessor's website and the OSCN...have fun uncovering the truth about that south bound end of the north bound mule (Owner).

What was that phrase Gunnery Sgt. Highway (Heartbreak Ridge) so eloquently uttered when asked by the Colonel for his assessment of the Base Alert Exercise...

[Dennis Heaton]

Oops...forgot to mention. Hefner Stop owes me $1,574.50 in unpaid wages and overtime (mostly overtime). I am going to waive $74.50 so I can save a few bucks on the filing fee when I file in Small Claims Court, if the Department of Labor (U.S. or State) are not successful in obtaining the pay that is owed me.

[rezman]

Even panhandlers are supposed to have permits.

[Dennis Heaton]

Even panhandlers are supposed to have permits.

Is that a Constitutionally guaranteed/protected right?

[BBatesokc]

I'm fairly certain the law only applies if you are a group of more than one protester and you're on public property during reasonable hours. If you're on private property you have permission to be on then you don't need a permit.

I could be wrong - don't have time to look up the actual law - but I do know when I was 'protesting' at the court house downtown I called the city first to see about a permit and was told as long as its just me, then I don't need one to be on public property. I also know then DA Wes Lane asked the Oklahoma County Sheriff's deputies at the court house to escort me off the property or arrest me and they refused because they said I was not breaking any laws.

I would look the law up and go get an opinion from a lawyer or the city - do not trust that a cop knows the law.

Every time I have setup to do 'mug shot movie night' on S. Robinson Ave. a cop shows up asking for my permit. I have to remind them I'm on private property and don't need a permit. They then ask me to prove I have permission - I tell them I don't have to prove it, they call a supervisor and then quietly leave. I find most cops think their badge is a law degree, when in fact they know very little about the law outside their daily routine.

[BBatesokc]

Even panhandlers are supposed to have permits.

I was told by the city they don't have to have a permit to beg for money, but actually do have to have a permit to offer to work for food or money. This was probably 4 years ago, so things may have changed. I was told however there is a legal distinction between constitutionally protected begging/panhandling and 'aggressive' begging/panhandling - which is illegal.

I did find this…… http://ftpcontent.worldnow.com/griff...ing%20laws.pdf

[rezman]

Is that a Constitutionally guaranteed/protected right?

I don't recall anything about panhandling in the constitution.