Hi ,

Not sure if you've heard, but last week, we had a couple of volunteers set up at a Safeway in Vancouver (off Mill Plain). The manager came out and told them they had to leave, but our volunteers respectfully informed them that they would be staying. The store manager then called the police (VPD), and an officer arrived. After conversations with me, the volunteers, and the manager, the officer decided to ignore the stated policy and insisted that the volunteers leave or face a trespass citation. The store manager produced a document stating why they had to leave, but it was a misinterpretation of a decision involving a Winco store and a King County court ruling (which only applies to King County).

I have pursued this matter rigorously and have been personally assured by the Clark County Sheriff's Department that their policy will be enforced. This week, the policy has been reiterated to all the sergeants.

Joint Memorandum: Exclusion and Arrest of Signature Gatherers on Private Commercial Property states on Page 6 of 7

CONCLUSION: As the foregoing discussion suggests, judges, lawyers, property owners and initiative supporters cannot agree on how to balance the many factors involved in determining if and when a private commercial property has become the "functional equivalent of a public forum" or when actions of signature gatherers "unreasonably restrict the rights of [the] property owners." Law enforcement personnel should not have to try to so and should avoid doing so. Because initiative rights under Article II, Section 1(a) of the Washington Constitution have been held to override the First Amendment rights of private commercial property owners, law enforcement officers should encourage the use of private remedies by the parties. Should an injunction be issued, officers will be provided with clear guidance regarding the rights and responsibilities of the parties. In all other instances, officers should avoid the exercise of arrest powers, except in the clearest of cases or in the case of a commission of a felony or the commission of a misdemeanor - other than trespass - in the officers' presence.

IN SUMMARY - YOUR RIGHT TO GATHER SIGNATURES FOR PETITIONS IS PROTECTED. There will be some store managers, and possibly police officers, who don't understand the policy or how the WA Constitution protects our rights, but that should not deter our efforts.

If anything like this happens:

• Stay calm and respectful
• Share the policy with them (you can access it from our volunteers page on www.restorevotes.com
• If police come out and insist you leave, feel free to call me 360-607-0898. It's your choice if you want to stay, if they cite you for trespass and make you leave they will be acting against their policy and violating your civil rights. But if you want to leave that's totally understandable. Sometimes it's better to just move to another spot and come back later but it's something that you'd need to decide.

WE ARE ALMOST AT THE HALFWAY MARK - WE NEED YOUR HELP TO COLLECT THE SIGNATURES NEEDED BEFORE MAY 25TH.

Sign up for upcoming events or help us at pop-up grocery stores to collect signatures. This is a 100% volunteer effort (no big money to pay for paid signature collectors) so helping collect signatures weekly is key to our success.

CLICK HERE TO SIGN UP FOR COMING EVENTS

KIMSEY WANTS TO MAKE SURE A REC TYPE INITIATIVE NEVER HAPPENS AGAIN

In direct response to our efforts, Auditor Kimsey is attempting to persuade the County Councilors to include a Charter Amendment on the General Election (Nov) ballot. This amendment would further restrict the already stringent initiative requirements in Clark County by granting expanded powers to the Prosecuting Attorney's office. Essentially, this amendment would enable the PA's office to halt any initiative they oppose, simply by issuing a legal opinion against it. Consider the implications: your rights under the WA Constitution to direct governance through initiatives could be easily disregarded if the PA disapproves, with just a letter or a weak legal opinion sufficing to halt the proposed initiative.

I'm uncertain of the date for the next workshop meeting on this matter, but I will promptly share the information once I have it. It's crucial to prevent the approval of this detrimental Charter amendment, as stopping it will only become more challenging if it gains Council approval.

STAY TUNED...

www.restorevotes.com