United States v. Linick, Arizona (Sep. 16, 1998)

During Seed Camp for the Arizona national in 1998, some LEOs came around demanding that someone sign a permit. The Family presented a united front, and nobody was intimidated into signing one. But one brother named Strider volunteered to accept a ticket for violating the group camping regulation, because he wanted to challenge the regulations in court.

The case went up before a judge instead of a jury because group camping without an authorization is a misdemeanor offense, and juries decide only on felonies. Strider spoke in court pro se with a lawyer friend advising him, and presented several objections to the permit signing scheme in the regulations. But the judge addressed only one of them in his final opinion. He ruled that the words “otherwise protect the public interest” at the end of a list of “terms and conditions as the authorized officer deems necessary” were words that “grant an inappropriately broad range of discretion to the official” and are “deemed as a matter of law to be inappropriate by the Court”. The citation was dismissed.

September 16th, 2016 by John Anderson