Fresno Police Intimidate Democratic Party Volunteers

Fresno Police Intimidate Democratic Party Volunteers
By Mike Rhodes

According to volunteers at the Democratic Party booth at the BIG Fresno District Fair, two uniformed Fresno Police Department (FPD) officers told them last Friday that the brochures they had on their table for Henry T. Perea (candidate for mayor, who is a Democrat) were illegal. The officers complained that the brochure contained a photo of FPD Chief Jerry Dyer standing with Perea. The volunteer, upon being told by the officers that the brochures were illegal, removed them from the table.

The controversy over the brochure first emerged about two weeks ago when Perea supporters started distributing the brochures in NE Fresno. An October 1 story on KFSN -TV has political analyst Tony Capozzi saying, "Clearly he's been endorsed by the Fresno Police Officers' Association and various other law enforcement agencies but right next to that is a picture of the candidate Henry Perea with the Chief." Capozzi said, "What's really, what I'm thinking, improper is a picture with the chief with his uniform on, with his badge on. That's illegal if the chief knew this was going on." The video of this story can be seen at: http://abclocal.go.com/kfsn/story?section=news/politics/local_elections&id=6426865

Not mentioned on the KFSN report or by Capozzi was that mayoral candidate Jerry Duncan, currently a City Council member, had a photo of Jerry Dyer (in uniform) and himself on his campaign brochure during the primary campaign. Nobody complained about the Dyer/Duncan photo. Why is the Dyer/Perea photo being referred to as illegal?

During the KFSN interview, Dyer said, "I never want to use my uniform for political purposes because number one: it's against the law." Dyer said he has not endorsed anyone for mayor.

The legality of the photo in the brochure would be determined by an examination of the Hatch Act of 1939, which (according to Wikipedia) is a United States federal law whose main provision is to prohibit federal employees (civil servants) from engaging in partisan political activity. Named after Senator Carl Hatch of New Mexico, the law was officially known as An Act to Prevent Pernicious Political Activities. To read more, go to: http://en.wikipedia.org/wiki/Hatch_Act_of_1939 .

In this situation, the Hatch Act does not appear to apply. According to a Washington based Hatch Act Blog: "The law prohibits federal employees from engaging in political activity while on duty, wearing campaign buttons in the office and putting campaign bumper stickers on a government car. It also bans soliciting, accepting or receiving political contributions, and prohibits employees from using their official positions to influence or interfere with an election.” If Jerry Dyer, in uniform, had attended a Press Conference announcing Henry T. Perea’s candidacy, that might have raised some concerns. A public official and the police chief being in a photo together is not a Hatch Act violation.

What is a concern is that FPD officers operating under the “Color of Law” intimidated Democratic Party volunteers to remove campaign brochures from their booth at the Fresno District Fair. An investigation is under way to determine which officers were involved and to make sure that this does not happen again.

While at the fair I was told by volunteers at both the Republican and Democratic Party booths that they were not allowed to distribute Yard Signs, Buttons, or Bumper Stickers. Fresno District Fair officials had told them that they were concerned that the Yard Signs and Buttons might be used as weapons and that the Bumper Stickers might be used to vandalize Fair property. The beer, marguerites, hotdogs on a stick (which is more of a weapon than an Obama button) were available everywhere on the fairgrounds and apparently not a danger to anyone. But, the Yard Signs, Buttons, and Bumper stickers were a clear and present danger - yes, a danger that democracy might break out at any moment.

Today was the last day of the BIG Fresno District Fair