Subject: CHRIS COONS AT IT AGAIN....AFTER ALAN MULLER

Our friend Alan Muller is yet again under attack by the Coons Goons. Please spread the word of this abuse of power by Chris Coons. At the bottom of this alert is a phone number and email for Chris Coons. Please send him an email or call his office. These abuses of our citizens must end.

All the environmental work Alan has done on our behalf for no money~~ time to step up to the plate people!


-----Original Message-----
Sent: Mon, 1 Sep 2008 6:28 pm
Subject: COONS GOONS AT IT AGAIN

Alan Muller of Green Delaware ON TRIAL Tuesday, September 2, 2008 at 1.30 pm.  Charged with ten or so counts of having a defective roof.

Justice of the Peace Court 11
61 Christiana Road
New Castle, Delaware, 19720
302.323.4450 

Green Delaware is housed in an historic house in Port Penn, Delaware.  The house, built in the 1740's was threatened with demolition when we got it.  Thousand of hours of sweat equity have gone into saving it.

The house looks far, far better than when Muller got it.  The previous owners, who let the house fall into ruin, were apparently never cited by New Castle County.  (Muller filed a Freedom of Information Act request to confirm that, but the County illegally refused to provide the information.)

Some hears ago New Castle County started harassing Muller with "code violations."  He's been charged with parking on the grass, having cracked windowpanes, and numerous other violations.  It's cost thousands of dollars in fines, court costs, and legal fees.

See http://www.greendel.org/item.xhtml?name=alert_0337 and http://www.greendel.org/item.xhtml?name=alert%20_0463

These charges seem directly connected to Green Delaware's political activities.

When Muller was involved in forming a "Port Penn Preservation Coalition" some local landowners apparently began a campaign of harassment.

When Muller spoke out at a County Council meeting about the inadequacy of the proposed County Comprehensive Plan, violation notices were posted on his door within days.

Delaware lawyer and civic activist Christine Whitehead wrote:

"I personally witnessed the General Manager of Land Use listening to a Civic League resolution critical of the Comprehensive Plan Muller drafted.  Two days later, I heard that Muller was hit once again with a summons for a housing code problem.  This is clearly a violation of Alan's free speech rights under the Constitution.  When a public official uses his office to retaliate against a citizen with a contrary opinion, it strikes at the foundation of democracy.  Charlie Baker has left New Castle County, but his chilling influence remains with the employees who were assigned to pay Alan back for offending him."

The most chilling part of the picture is that, as more people become elderly or have financial problems, NCC has become more aggressive in prosecuting code violations, rather than helping poor and elderly people in fixing up their homes.  County officials used to say their only objective was to obtain "compliance," so charges would be dropped if the problems were "corrected."  Not any more:  A County lawyer told Muller:  I'm not dropping the charges just because the problem is corrected."

New Castle County, through the general assembly, put political pressure on the Justice of the Peace courts to treat alleged code violators more harshly.  The County got results:  One Justice of the Peace said "I convict people all the time whose only problem is a lack of resources."  A court clerical person told Muller:  "It's not up to the Court whether you get a continuance, this is the county's case, its up to the county."  Another JP told Muller, after convicting him:  "I heard you got you house of a dollar."

Abuse of code enforcement powers to harass activists is common, and easy to do because every property has some technical code violations, and code enforcement officials have broad powers that are easily abused.  For example, trumped-up code violations were used in Philadelphia to harass people planning to protest the 2000 Republican National Convention and the same thing is now happening in St. Paul, Minnesota ( http://www.mefeedia.com/entry/police-bolt-doors-at-rnc-protest-organizing-center/11158061/ ).

New Castle County now claims the power to fine people without even taking them to court, just adding the fines to their tax bills.

In Green Delaware Alert , Muller himself wrote ( Alert 605: Evil on the march in Coon's County ... )

"Neither Paul Clark nor County Executive Chris Coons make any secret of being devoted to the interests of the development community.

At the same time, they seek greater powers to harass ordinary citizens who might dissent from sellouts to developers, or try to fix up a historic property, or who might be poor, or elderly, or otherwise in difficulties.

County Council Ordinance 08-073, on the County Council agenda for June 24, 2008, would enable the county to fine property owners without their having any right to defend themselves in court.  This is called "Instant Ticketing for Common Violations."

http://www.co.new-castle.de.us/countycouncil/Home/fileuploads/images/Ordinances/2008/08-073%20sub%201.pdf

The Fiscal Note, at least, is honest, saying: "the resulting revenue in the first year will be approximately $92,160.  Expenses ... are estimated in the first year at $54,570.  The net result [profits to New Castle County] is estimated at $37,590.  The remaining $276,500 ... will be added directly to the property tax bill for enforcement."

Nobody seems to be challenging the evil prevailing in New Castle County.  We checked with Dan Bockover, President of the Civic League for New Castle County.  He wasn't even aware of the proposed ordinance.

The sponsors of this ordinance are council members Joe Reda, John Cartier, Tim Sheldon, and Dave Tackett.  (Cartier, at an earlier stage of his life, used to consider himself a progressive and an advocate for civil liberties.)"

How do they get away with all this?  Maybe the same way the Bush administration has been able to shred the constitution by invoking fear of terrorism.  The idea of harassing people with rundown buildings appeals to many people.  After all, who is in favor of dilapidation?   Most people don't think abuse of government power is going to apply to THEM.

Coons, a wealthy person running for re-election, has made "code enforcement" part of his campaign.   He, more than the County Council, controls what the County legal office does.

With the courts no longer providing meaningful protection against abuses, only public opinion can help.  In the past, hundred of people have spoken out against the harassment, and Muller's trials have been covered by the Community News, WDEL radio, and others.  What will happen this time around, with elections looming?

ccoons@...,
395-5101 (office)
427-3690  (home)