STLKO

On November 29, 2009, Gustavo Rendon, a former St. Louis City police officer, was unconstitutionally arrested for refusing to give up his right to free speech. The arresting police officer did not cite a law on the charge given; which was in regards to placing an eminent domain flier on the windshield of several parked cars on a public street.

When word of Mr. Rendon's arrest was shared via internet, there was a public outcry of phone calls to the St. Louis City Central Division Police Department. Five hours later the police cited a St Louis city revised code (15.84.020 Affixing advertisements on any structures) that did NOT apply to Mr. Rendon's actions- as you can see the law is purposely written as to not include a political message; to not to infringe upon freedom of speech. There was another public outcry of phone calls and after nine long hours, Mr. Rendon was released from a jail cell.

The following day the Circuit Attorney dropped the "charges".

Charlie Brennan of KMOX1120am covers the story in a two part radio interview. Charlie also interviews St. Louis City Police Chief Daniel Isom, who explains Mr. Rendon could have been charged with other things, such as trespassing (even though he was on public property when the police arrived) or peace disturbance (which is basically a blanket charge). I think the dash camera recording would "set the story straight".

A few days later, the police found a law they could and would still imply should this situation happen again, revised code (11.18.180 Handbill distribution-Vehicles-1974) -and this time the law applied!- This law allows the police to arrest or summons the "crime" of political awareness left on a windshield in public; eventually leading to a fine of $500 or less and possibly a jail sentence of 90 days or less.

Now I know some may argue that placing fliers on cars is disrespectful and I must admit it's not my preferred method of getting out information, BUT-

it is a cost and time effective way to get the word out; esp in areas without internet

it is a very common occurrence in St Louis city and it's usually commercial leafleting

I don't think the police would care to keep up with this common occurrence, which obviously leads to selective enforcement of the law

furthermore, I don't care for my tax dollars to be spent on the enforcement AND the jail time of this petty victim-less "crime"

therefor, I would like to see this law nullified or the least re-worded as to not infringe upon my free speech (like the first cited revised code- 15.84.020 Affixing advertisements on any structures)

And the ACLU agrees; here a press release of a lawsuit that would change the law to protect freedom of speech, as to limit the selective enforcement of this law on commercial/business issues.

Below are a few pictures I took the week-end following Mr. Rendon's arrest to show how common handbill "crimes" are in St Louis city.

12/5/09 - Multiple Commercial Handbill Crimes on across from Soulard Market on Saturday Morning.

12/5/09 - Multiple Commercial Handbill Crimes off Delmar Ave. on Saturday evening, I know this is county but to my understanding, city police patrol in this part of the county.