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From YouTube: Code Enforcement Board 7 28 2021
Description
Code Enforcement Board 7-28-2021 --
*****Viewer Discretion is advised as this video contains language that some viewers may find offensive.*****
A
A
B
C
E
I
think
I
was
speaking
generally
as
as
a
city
attorney,
not
with
respect
to
a
case
that
that
was
at
that
time
before
you.
But
I
think
the
point
is
well
taken
that,
as
this
case
is
going
to
be
heard
today,
I
am
the
city's
prosecutor
and
not
adviser
to
the
board,
and
david
jackson
is
here.
Who
is
the
advisor
to
the
board
and
any
comments
that
I
make
would
be
considered
to
be
argument
and
not
advice
to
the
to
the
board.
D
A
A
E
The
discussion
had
to
do
with
the
questions
regarding
the
interpretation
in
general
of
the
recently
adopted,
sign,
ordinance
and,
and
the
questions
were
being
posed
to
me
as
the
city
attorney,
who
had
a
hand
in
drafting
those
ordinances
and
therefore,
as
I
said,
it
was
of
a
general
applicability
based
on
an
interpretation
of
the
code
and
the
code
enforcement
board's
responsibility
and
obligations
and
jurisdiction
to
enforce
those
provisions,
which
was
in
the
nature
of
general
comments
made
in
the
in
the
context
of
the
city
attorney.
Not
as
the
prosecutor.
F
And
specifically,
I
I
had
made
a
comment
that
it
is
not
the
board's
determination
whether
the
ordinance
is
is
legal
or
not.
Our
job
here
is
to
determine
whether
a
specific
ordinance
that
has
already
been
passed
by
city
council
has
been
violated
or
not.
If
the
ordinance
has
been
violated
it
then
we
find
the
respondents
guilty
all
right.
Once.
A
B
C
A
B
Anyone
intending
to
offer
testimony
in
today's
proceedings
please
stand
and
raise
your
right
hand,
do
you
solemnly
swear
or
affirm
to
tell
the
truth,
the
whole
truth
and
nothing
but
the
truth
in
today's
proceedings,
all
right,
let
okay
take
a
seat
when
you're
ready
to
speak.
Please
come
to
the
podium
state,
your
name
and
indicate
that
you
have
been
sworn.
Thank
you
and
I
would
ask
all
members
to
please
make
sure
that
they
are
speaking
directly
into
their
mics.
It's
a
little
hard
to
hear
at
times.
A
C
A
K
K
Sorry,
david
jackson,
thank
you
represent.
You
know
advising
the
board
here
this
morning,
so
yeah
my
intent
is.
We
have
a
little
discussion
on
some
preliminary
matters
regarding
these
cases
and
have
this
discussion
be
part
of
the
record
for
each
of
the
five
first
five
cases
on
your
agenda
to
avoid
duplication.
If
that
pleases,
the
board.
K
K
Respondents
in
these
five
cases
were
issued
citations
for
alleged
violations
of
chapter
26,
section
11.5
z
pursuant
to
puna
pontigorda
code,
chapter
9a10,
in
accordance
with
section
9810d,
the
respondents
timely
filed
written
notifications
with
the
city
indicating
their
intent
to
contest
the
citations
each
case.
The
city
issued
an
affidavit
of
violations
and
notice
mandatory
hearing
pursuant
to
chapter
9a,
section
9810g,
the
respondents
election
to
contest
the
citation
serves
as
a
waiver
of
the
respondent's
right
to
pay.
K
K
D
K
K
D
K
K
D
K
I
do
not
have
a
definition
of
what
contemporary
community
standards
are.
That's
a
thank
you
determination
to
be
made
by
the
board.
Perhaps
the
parties
will
have
some
input
on
what
that
means.
I
imagine
that'll
be
part
of
their
case
again.
That's
the
first
element,
if
you
make
that
determination,
was
the
indecent
speech
legible
from
any
public
right-of-way
or
within
any
public
space.
That'd
be
the
second
element
and
then
finally,
could
the
indecent
speech
potentially
be
viewed
by
children
under
the
age
of.
K
K
From
defense
counsel
he's
representing
all
the
defendants
or
the
respondents,
in
all
five
of
the
cases
and
the
city's
filed
a
motion
to
strike
that
yes
and
the
board's
discretion.
How
you
want
to
want
to
handle,
if
you
want
to
have
discussion
regarding
that
motion
hear
from
the
parties
regarding
that
motion,
could
do
that
this
time
again
make
that
part
of
the
record
for
each
of
the
five
cases
that
probably
be.
E
For
the
record,
david
levin
city
attorney
and
I'm
acting
in
capacity
of
the
city
prosecutor,
as
you
are
aware,
the
defense
counsel
filed
a
a
memorandum
of
defense
on
behalf
of
the
respondents.
In
this
case,
the
principal
argument
made
in
that
memorandum
was
contesting
the
constitutionality
of
the
ordinance
that
has
been
cited
to
be
violated
by
the
respondents.
E
I
filed
a
motion
to
strike
memorandum
of
law
and
support
thereof,
presenting
the
argument
that
this
is
an
administrative
tribunal
that
has
very
limited
jurisdiction,
clear
jurisdiction,
separate
and
apart
from
the
jurisdiction
of
the
courts
case
law
that
I
cited
in
my
in
my
motion
and
memorandum,
and
support
thereof,
identifies
that.
It
is
very
clear
in
that
this
is
a
quasi-judicial
body.
E
So,
to
the
extent
that
the
memorandum
of
law
submitted
by
the
defendants
presents
a
defense
based
on
the
constitutionality
of
this
of
the
ordinance
I
would
submit.
That
would
be
inappropriate
for
you
to
consider
that
and-
and
I
also
argue
that
it
might
even
be
a
violation
of
of
the
florida
constitution
for
you
to
as
an
administrative
body,
go
beyond
the
scope
of
your
jurisdiction
and
render
an
opinion
and
a
decision
based
on
your
understanding
or
belief
of
the
constitutionality
of
the
ordinance.
D
C
F
J
We'll
be
asking
questions
along
the
way
like
where
can
I
may
I
cross-examine
the
witnesses
and
so
forth?
But
as
far
as
the
memo
is
concerned,
lawyers
have
to
be
very
careful.
Appellate
courts
are
always
saying.
If
you
don't
make
the
argument
in
the
lower
tribunals
you
waive
them
in
the
higher
tribunals.
J
Mr
levin
will
verify
that.
I
think
in
all
candor,
so
that's
a
standard
protocol
that
attorneys
must
and
are
always
careful
to
make
all
arguments
possible,
so
it
at
the
very
minimum.
I'd
like
for
this
memo
to
be
part
of
your
record
so
that
any
appellate
courts
any
higher
jurisdictions
would
know
that
these
arguments
are
made
as
far
as
striking
them.
J
I
certainly
can't
say
anything
about
the
jurisdiction
attorney
advisor
said
you
don't
have
jurisdiction
to
determine
the
constitutionality
I'll
have
to
agree
with
them,
not
that
I
know
I'm
ready
to
prepare
to
argue
the
law
on
that,
but
they're
your
court
advisors.
So
certainly
you
have
to
take
that
position
that
you
have
no
authority
to
determine
this
organ.
This
ordinance
is
unconstitutional.
J
J
You
don't
have
to
read
the
memo
in
that
light,
but
certainly
you
can
view
the
memo
as
understanding
that
the
reason
sheets
and
massey
are
so
adamant
about
what
they're
doing
is
because
there's
a
very
strong
argument
that
these
ordinances
are
unconstitutional.
It's
not
a
fly-by-night
crackpot
argument.
J
Now
this
goes
to
why
they
did
what
they
did
the
motivation
in
their
signs.
The
wording
in
the
signs
there's
no
facts
without
context,
so
the
context
that
these
gentlemen
are
not
only
here
to
exercise
these
rights
but
to
stand
for
the
whole
rights
of
the
community
is
in
a
sense
validated
by
the
memo.
J
J
E
Courts
generally
require
that
that
you
exhaust
your
administrative
remedies
and,
and
so
I'll
stipulate
for
the
record
that
the
defense
counsel
is
making
an
argument
with
respect
to
the
constitutionality
of
the
ordinance.
However,
it
is
not
appropriate
for
you
to
consider
the
argument
that
there's
a
strong
and
compelling
argument
to
be
made
by
the
respondents
that
the
ordinance
is
unconstitutional.
E
C
F
Well,
my
motion
is
pretty
clear
that
I
don't
I
as
as
our
attorneys
have
advised
us.
I
don't
think
this
has
any
precedence
in
this
case
again.
I
reiterate
that
our
job
on
this
board
is
to
hear
the
case
of
an
existing
ordinance,
which
is
now
before
us,
whether
it
was
violated
or
not.
Whether
the
constitutionality
of
this
case
is
relevant,
whether
I
agree
with
the
constitutional
relevance
of
this
case.
A
D
I'd
I
like
to
add
that
you
know
I
didn't
again
receive
this
document
in
my
email
until
late
late
in
the
evening
last
night,
and
I
printed
it
out
and
started
reading
and
probably
until
midnight
and
was
up
at
7
this
morning
and
still
couldn't
get
through
it
because
I
didn't
have
time
to
so.
This
is
the
an
11th
hour
motion.
I
would
agree
that
to
leave
them
in
there,
but
not
to
strike
the
the
initial
motion,
because
I
don't
think
any
of
us
have
had
a
chance
to
read
the
motion
to
dismiss.
K
K
K
F
C
F
D
C
A
K
A
M
A
J
E
Mr
chairman,
I
would
agree
with
that.
I
have
not
been
sworn
either
as
the
city,
I
know,
and
I
also
want
to
point
out
counselor
we're
recording
this
proceeding
and
the
microphone
is
that
little
black
thing
on
the
podium
there
and
the
microphone
is
more
or
less
limited
in
its
scope
of
being
able
to
pick
up
audio.
So
any.
I
want
to
make
sure
that
you
understand
that
anything
that
you
say
in
this
proceeding
needs
to
be
recorded
and
that's
why
we're
asking
you
to
stand
at
the
podium.
C
A
A
N
A
O
E
E
E
E
E
E
E
E
E
E
E
And
did
the
sign
and
I've
for
the
record,
I've
enlarged
a
portion
of
exhibit
number
five
to
focus.
Excuse
me
number
six
to
focus
on
specifically
the
sign
that
we're
speaking
of
did
the
sign
that
mr
speak,
mr
sheets
was
holding
in
his
right
hand
contain
indecent
speech,
as
that
term
is
defined
by
the
city's
sign
code.
E
O
O
O
E
E
J
L
E
J
E
J
Okay,
so
some
of
my
questions
are
going
to
be
as
to
whether
these
wording
of
the
definition
were
fairly
applied,
because
it's
the
board
here,
that's
going
to
be
making
a
decision
based
on
the
orders.
You
don't
expect
the
board
necessarily
to
adopt
your
version
of
what
these
words
mean
and
say:
do
you.
J
O
E
Yeah
I
object
to
the
relevancy
of
the
question
the
question
he's
seeking
to
to
contest
the
actual
language
of
the
of
the
ordinance
and
its
applicability
elsewhere.
We
have
before
you
testimony
regarding
the
specific
location
time
of
day
and
sign
that
was
at
issue
in
this
case,
and
he
can
certainly
render
an
opinion
based
on
where
it
was
that
he
viewed
the
potential
violation
not
with
respect
to
any
type
of
other
hypothetical
situation.
D
J
Just
a
very
simple
question
can
be
answered
very
simply.
I
wanted
to
know,
and
the
reason
is
we
need
to
understand
this
ordinance
in
order
to
apply
this
particular
fact
situation
to.
We
need
to
understand
the
meaning.
In
the
words,
that's
what
our
government's
about.
We
lay
out
laws
and
if
they,
if
they
mean
something
they
do,
if
they
don't.
If
they're
too
confusing,
that's
an
issue
in
this
case,
he
has
to
make
the
determination
whether
the
signs
can
be
viewed
by
anybody
less
than
17..
J
A
J
J
G
J
L
O
J
So,
in
order
to
find
a
violation
here,
you've
got
to
find
one
of
the
three
things
that
the
sign
contained:
obscene
language
or
graphics
and
any
sign
can
or
or
fighting
words
or
indecent
speech.
Is
that
the
way
you
understand
the
ordinance
is
that
the
way
you
understand?
Yes?
Did
you
read
that
exactly
I
didn't
read
it
verbatim,
it's
right
up
here,
you're
going
to
have
to
find
it's
obscene,
or
it's
has
fighting
words
number
two
or
indecent
speech,
one
of
those
three,
yes
did
you
find
any
obscenity.
E
Excuse
me,
I
I
object
to
the
question
because
it's
not
relevant
the
charge
in
this
case
was
that
the
respondent
was
holding
an
indecent
sign
as
defined
in
the
code.
He
was
not
charged
with
having
a
sign
with
obscene
language
or
graphics,
nor
was
he
charged
with
a
sign
having
fighting
words
on
the
sign,
so
the
question
should
be
limited
to
whether
or
not
he
determined
that
the
sign
contained
indecent
speech,
because
that's
the
relevant
inquiry.
J
J
O
E
J
J
J
J
Let
me
see
if
you
agree
with
this
definition,
I
pulled
it
off
the
webster's
internet.
You
depict
something
someone
or
something
you
show.
What
that
that
person
or
thing
is
like
either
with
some
kind
of
image
such
as
a
drawing
painting,
photograph
or
a
movie
or
with
words,
you
show
what
something
is
like,
and
would
you
also
understand
that
the
word
described
is
important?
C
O
Description
of
the
word
itself
has
been
placed
in
a
memo
that
says
if
those
words
appear
and
they're
clearly
spelled
out
to
the
officers
of
this
agency,
that
that
would
be
in
violation
and
that
memo
clearly
used
the
f.
U
c,
k
and
the
c?
U
n
t
word
and
that's
what
we
based
this
off
of,
because
it
was
a
34
page
ordinance.
So,
with
the
assistance
of
the
city,
they
elaborated
and
told
us
what
words
would
be
in
violation
of
that,
and
that's
so
now.
O
O
J
A
J
J
A
J
J
A
G
J
A
J
J
A
N
K
Bored,
if
I,
if
I
can
caution
you,
you
know,
we've
got
some
emotions
flowing
here.
Let's
take
a
breath,
we've
got
to
remember
that
due
process
is
important
here
they
need
an
opportunity
to
present
their
case.
So,
let's
let
them
finish
the
what
they're
entitled
to
do
in
terms
of
questioning
the
officers
and
presenting
what
other
evidence
they
may
have.
Mr.
J
J
That's
why
that's
why
this
carefully
written
these?
These
statutes
need
to
be
followed
and
you
get
a
chance
to
interpret
it
over
and
above
how
the
police
interpret
it,
because
that's
what
the
appellate
courts
do.
That's
what
the
judges
will
do,
and
apparently
council's
not
objecting
to
this
argument
that
you
get
to
interpret
these
words
correct,
mr
levin,
that
is
correct.
Okay,
you
get
to
interpret
these
words.
You
don't
have
to
accept
what
the
officers
say
in
order
to
find
a
violation.
J
Prima
facie
yeah,
you
can
be
very
offensive,
things
mean,
but
when
you
hear
it,
they
didn't
raise
it
to
get
somebody
aroused
or
displayed
sexual.
They
say
like
it's
a
word
of
intensity,
it's
used
commonly
intensity
and
those
examples
I
gave
you
you
not
only
have
to
find
that
you
have
to
find
that
the
words
describe
sexual
activities
or
organs
in
a
minor
offense.
You
don't
have
to
the
offense
is
just
one
of
the
words:
okay,
those
are
just
words:
they're,
not
words
used
in
this
context
to
describe
sexual
activity.
J
L
O
O
F
O
C
E
E
A
F
A
D
What
is
a
prime
facial
case
and
I
spent
a
lot
of
time
over
the
last
month.
Thinking
about
this,
I
did.
A
lot
of
reading
did
a
lot
of
reading
last
night
because
we
had
some
new
some
new
things
that
were
brought
to
our
attention
as
to
what
we
could
and
could
not
do
as
a
board
with
regard
to
the
constitutionality
of
this
particular
ordinance,
which
I'm
not
going
to
opine
on,
but
I
think
it's
important
to
look
at
what
is
obscene
all
right
and
what
is
indecent
and
what
community
standards
are.
D
E
L
E
E
P
D
E
D
D
A
G
G
A
A
D
C
M
E
And
if
I
might,
I
think,
let
me
just
you
you're,
asking
questions
of
procedure
and
that's
fair,
because
you
may
not
be
familiar
with
the
procedure
yeah.
So
the
first
thing
that
the
board
does
is
consider
whether
or
not
this
the
city
has
proven
trying
to
face
a
case.
It's
possible
in
many
circumstances
or
some
circumstances
that
the
elements
weren't
proven
by
the
facts
that
were
presented,
in
which
case
there
would
be
a
finding
that
there's
no
problem.
E
Now
you
have
the
opportunity
to
present
your
case
in
defense
and
you
will
have
an
opportunity
after
you
have
had
your
questions
presented
to
your
witnesses,
and
I
had
the
opportunity
cross-examination
necessary
to
make
a
closing
argument
at
the
at
the
end
of
your
particular
case
for
in
in
this.
In
this
case,
it's
presently
open.
E
We
have
to
make
a
record
for
each
of
the
citations
that
have
been
contested
unless
your
client
wishes
to
dismiss
the
contest,
as
it
relates
to
the
other
three
or
two,
the
other
two
associated
with
with
him
and
whatever
mr
nasi
wants
to
do.
Otherwise
we
are
going
to
go
through
evidence
and
testimony
and,
if
necessary,
argument
in
each
of
the
other
cases,
you're
welcome
to
incorporate
by
reference
in
any
argument
that
you
made
in
a
previous
case
in
in
the
record
of
the
case
that
is
next
called.
K
J
N
N
N
N
N
N
We
have
the
right
to
free
speech
and
press
and
you
are
violating
it.
It's
in
the
constitution
and
you're
knowingly
violating
it.
I
was
also
mentioned.
He
wanted
me
to
explain
what
my
shirt
was
policing
for
profit.
It
is
not
about
sex,
not
even
close,
it
is
about
the
police,
literally
policing
for
profit.
Our
founding
fathers
freed
our
country
to
be
free,
and
now
everything
is
illegal
and
the
cops
are
enforcing
victimless
crimes.
We
have
six
stories
at
the
courthouse
because
everything's
illegal,
I
find
that
appalling,
and
so
what
are
founding
fathers?
M
E
J
E
G
G
A
Let
me
just
interject
one
thing:
may
I
please
I
I
do
not
understand
the
issue
as
what
was
in
the
pleading
and
the
person's
address.
From
my
point
of
view,
if
I
may
have
bored
in
the
discussion,
the
ordinance
does
not
apply
only
or
against
people
where
they
live
on
its
face,
it's
applicable
to
any
individual,
and
so
I
do
not
see
why
the
gentleman
has
to
answer
with
what
his
address
is.
We're
interested
in
his
conduct,
not
his
residence,
okay,.
G
C
G
M
N
G
Wait
a
second
I
I
I'm
sorry,
but
I
live
in
punta
gorda
and
what's
on
charlotte
county's
facebook
page
doesn't
affect
me,
you
made
statements
that
there
are.
There
is
corruption
in
the
city,
clerk's
office,
police
department
and
other
agencies
in
the
city.
That's
why
you
were
thrown
out
on
the
street,
because
mr.
A
H
H
Could
that
just
as
easily
be
accomplished
without
the
pro,
what
we
perceive
to
be
indecent
speech,
such
as
stop
policing
for
profit
or
just
removing
the
in
words
that
may
be
indecent
to
some?
You
don't
find
them
indecent,
but
some
people
do.
Could
you
not
get
your
point
across
and
we
could
then
return
to
just
having
a
community
where
children
can
walk
around
and
look
at
signs?
A
Community
board,
I
I
was,
may
I
just
one
to
your
statement,
you
don't
have
to
look
and
listen.
It's
a
little
difficult
to
look
and
when
somebody
has
a
sign
in
front
of
your
face
or
a
tv,
you
have
the
option
to
turn
it
off.
You
don't
have
it
with
you.
My
other
question
to
you
is:
is
there
nothing
that
is
not
protected?
In
your
view,
any
language
any
place
anytime.
J
Because
I
mean
you're
not
here
to
determine
the
constitution
of
the
ordinance,
I
think
it's
been
more
than
established
why
he
does
his
protest.
His
personal
views.
The
extent
of
his
belief
in
free
speech,
really
has
nothing
on
your
factual
determination.
I
wish
you
just
like
mr
levin
says:
let's
look
at
that
definition
and
let's
look
at
each
word.
M
K
J
J
N
E
N
N
E
M
J
J
I
would
hope-
and
I
do
believe
each
one
of
you
respect
and
honor
the
law.
That's
why
you're
here,
you
don't
get
to
interpret
the
grandiose
constitutional
issues
of
the
law,
but
you
do
get
to
determine
what
these
words
mean
in
common
area,
ordinary
usage
and
you
get
to
apply
them
to
this
case.
That's
pretty
high
judicial
function
in
a
way,
so
I
want
to
talk
mainly
about
that.
J
J
I
don't
think
there's
any
public
areas
like
that,
but
they
put
it
in
the
ordinance.
So
if
you
had
that
it
wouldn't
apply
at
all,
so
let's
say
we
have
a
special
event.
We
have
to
keep
16
year
olds
out.
You
could
hold
up
those
signs
all
day
long.
There
could
be
no
violation,
that's
clear!
Now,
if
you
respect
the
law,
you're
going
to
say,
yeah
he's
right
about
that.
J
J
J
You
know
nobody
has
talked
about
what
these
community
standards
are,
try
to
identify
what
our
this
whole
ordinance
is
about.
Is
it
it's
about
community
standards
below
the
age
of
16.
yo?
We
would
like
to
keep
our
children
from
hearing
those
bad
words
or
seeing
them.
They
hear
it
all
the
time
it's
on
tv,
the
politicians
bender
about
the
f
word.
J
Guess
what
if
you
go
on
amazon,
not
amazon,
but
google
do
a
safe
search
and
put
in
biden.
Guess
what
comes
up
you
can
do
it?
Do
it
yourself?
I
did
it
put
on
safe,
sir.
It
shows
a
page
where
amazon
is
selling
signs
that
says
biden
community
standards.
You
go
on
the
internet,
you
put
in
you.
What
do
you
hear?
I've
got
it
here
for
you,
I'm
not
gonna.
It's
a
song
using
you
words,
that's
on
safe
search
now.
Do
we
really
want
to
implement?
J
Do
we
really
want
to
sanitize
our
speech
into
the
way?
We
think
is
moral
if
we
can
put
it
in
the
way,
we
think
our
moral
somebody
can
come
in
and
say
you
can't
use
any
gender
words
he
or
she
are
out.
You
ever
thought
of
that.
If
you
can
say
this,
somebody
else
can
say
that
and
for
long
you
have
to
say
what
you
have
to
say
or
you're
in
the
poker
respect
the
law.
J
I'm
old
school.
He
also
said
you
know.
I
didn't
like
to
hear
the
words,
because
I
can
see
you
know
they
could
be
yeah.
They
could
be
considered
obscene
hey.
I
remember
the
day
when,
if
somebody
cuss
they
would
apologize
to
a
woman.
Oh
I'm
sorry.
I
said
that
man
now.
The
f
word
rolls
off
women's
tongue
like
it's
water.
J
Where
are
the
community
standards?
Here
we
haven't
shown
any
communities
that
we
haven't
even
defined
the
relevant
community.
I'm
telling
you
the
relevant
community,
is
16
and
below
the
way
this
is
written,
think
about
it
think
about
it.
Think
about
it,
respect
the
law
and
not
only
think
about
that.
J
J
J
You
got
to
read
the
whole
thing
if
you
want
to
honor
the
law,
if
you
love
the
law,
you'll
follow
the
law
and
you'll
take
every
word
into
account,
not
just
the
ones
somebody
wants
you
to
take
into
account,
but
every
word
in
the
account
they
don't
hold
up
a
few
signs.
For
that
reason,
it's
just
a
strong
expletive.
J
A
E
E
E
E
It
was
actually
addressed
drafted
to
address
the
us
supreme
court's
finding
that
ordinances,
which
are
content
based
determinations
of
signs
in
different
locations
and
different
sizes
based
on
the
content,
was
unconstitutional.
So
that
was
the
genesis
of
this
ordinance,
and
so
when
this
ordinance
was
prepared,
99
percent
of
it
addressed
modifications
of
the
existing
sign
code
that,
under
today's
standards,
wouldn't
meet
the
content
neutral
standard
that
the
us
supreme
court
has
set
forth
with
respect
to
our
signs,
and
so
in
order
to
address.
E
The
the
and
correct
the
old
definition
that
was
in
the
ordinance
of
obscene
to
be
consistent
with
what
the
u.s
supreme
court
has
defined
obscene
to
be.
It
was
necessary
to
differentiate
between
different
forms
of
speech
that
were
determined
by
the
courts
not
to
be
protected
by
the
first
amendment.
Indecent
speech
was
one
of
those,
and
this
definition
was
crafted
from
cases
that
have
defined
indecent
speech
when
determining
the
definition,
just
like
the
city
council
uses
and
as
other
government
bodies
do
use.
E
The
word
reasonable
reasonable
is
something
that
is
is
what
we
understand
it
to
be
in
the
circumstance.
You
can't
really
have
a
good
definition
or
an
adequate
definition
for
reasonable.
It
somewhat
defines
what
or
or
defies
the
ability
to
define
what
what
it
is.
What
is
its
standard
in
this
context?
E
Contemporary
community
standards
is
similar
that
those
people
that
are
the
governing
body,
those
people
that
live
in
the
city
and
those
people
that
are
selected
to
enforce
the
ordinance
as
as
police
officers
and
those
people
that
are
tasked
with
the
enforcement
of
the
ordinance
on
code
enforcement
board,
understand
what
would
be
considered
as
offensive
to
our
community
and
that's
the
task
that
the
city
council
placed
on
you
without
providing
specific
definition
for
community
standards.
Because
you
know
what
is
offensive
and
what
is
not
offensive
in
our
community.
E
That's
in
this
case
was
being
displayed
in
front
of
a
county
building
on
public
property
that
is
probably
within
the
city
of
punta
gorda,
one
of
the
most
frequented
buildings
in
the
city
for
for
county
services
and
many
of
the
of
the
people
that
come
in
there
to
renew
their
driver's
licenses
and
and
and
whatever
other
activities
that
they
need
to
do
in
front
of
the
county's.
Administrative
people
are
going
to
bring
children
under
the
age
of
17..
E
So
we
have
satisfied
the
elements
of
this
particular
ordinance
and
would
ask
for
a
finding
of
violation.
I
would
also
point
out
that
that
this
case
is,
and
the
citation
method
of
of
of
citing
the
violator
is
a
the
nature
of
this
type
of
a
case
is
an
irreparable
case,
meaning
it's
like
the
the
toothpaste
is
out
of
the
tube.
You
can't
put
the
toothpaste
back
in
and
under
statute
162,
as
well
as
our
city
ordinance,
with
respect
to
in
a
an
irreparable
violation.
E
J
J
J
Not
really,
I
do
want
to
point
out
something
you
know,
I'm
seeing
a
distinct
bias
here
I
mean
I
I
get
picked
on
a
lot.
So
did
my
witness
theirs
didn't
I
I
really
I'm
seeing
a
bias
here
and
I
think
you
gotta,
you
know,
say
hey
why?
Why
don't
we
just
do
our
job
here
and
rule
according
to
the
law?
Let's
pick
out
each
word,
let's
not
be
biased,
so
sheets
messy,
they're
out
there
for
all
of
us.
Really
they
don't
want
this
to
be
orwellian
society,
especially
if
it
goes
against
the
grain.
J
F
F
I
I
F
P
D
That's
not
the
question,
I'm
that's
not
what
I'm
stating
what
I'm
thinking
about,
I'm
thinking
about
how
much
of
our
gov
of
our
city's
treasure
do.
We
want
to
spend
defending
this
because
it's
going
to
go
to
the
circuit
court,
it's
going
to
go
to
the
district
court,
it
might
go
to
the
florida
supreme
court
and
how
much
do
we
want?
I
mean:
how
much
do
we
really?
How
strongly
do
we
feel
about
this
and
can't
we
find
a
better
way.
A
Anybody
else-
well,
maybe
my
views
one
I
know
miss
dennis-
is
very
concerned
about
community
standards,
but
from
all
of
my
reading
and
as
I
understand
it,
I
think
the
community
standards
represent
this
board.
We
are
the
community
for
plenty,
and
so
it's
not
anything
else.
It's
what
it
offends
us
and
and
that's
the
way
we
should
treat
it,
and
I
have
a
problem
with
the
use
of
the
word,
the
way
it
was
described
by
mr
sheets.
A
It
does
offend
me.
I
will
tell
you
that
right
now
and
I
also
found
it
very
incredible
and
somewhat
evasive,
self-serving
and
unbelievable
that
he
did
not
ever
know
what
the
words
and
mean
I
just
cannot
believe
you
stood
up
and
said
that
you
did
not
know
it
really
questioned.
You
know
my
view
on
your
credibility,
but
the
conduct
was
on
public
property.
It
was
a
sign
and-
and
I
I
think
from
my
view,
that
I
would
support
a
motion
that
the
the
respondent
has
violated
the
ordinance.
G
Question
motion
to
find
that
that
the
citation
is
valid
and
the
respondent
did
irreparably
violate
chapter
9,
a
section
9
8
through
13
through
13.,
sorry,
9a,
hyphen,
13
c
8
and
chapter
26,
section
11.5,
z
of
the
pointed
order
code
in
order
that
defining
the
amount
of
five
thousand
dollars
be
imposed,
plus
one
plus
case
cost
incurred
in
the
amount
of
seven
dollars
and
forty
one
cents
in
order.
That
said,
fine
be
er
and
case
cost
be
paid
within
ten
days.
I
I'd
like
to
make
a
motion
to
find
that
the
citation
is
valid
and
responded
that
probably
irreparably
violates
chapter
9a,
section
98-13
c
8
and
chapter
26,
section
11.5
z
of
the
punta
gorda
code,
in
order
that
a
fine
in
the
amount
of
one
thousand
dollars
be
imposed
plus
case
costs
incurred
in
the
amount
of
dollars
and
41
cents.
In
order.
That
said,
fine
and
case
costs
be
paid
within
10
days
of
the
entry
of
the
order,
I'll.
A
Second,
devotion
motion
has
been
made
in
second
to
find
that
the
citation
is
valid
and
the
respondent
has
irreparably
violated
the
said
chapters.
Any
discussion
on
the
motion
vote
on
the
motion,
all
those
in
favor
as
president
of
motion
as
presented,
please
signify
by
saying
aye
aye,
all
those
opposed.
So
what
do
we
have?
Four?
A
B
G
F
A
A
I
E
E
R
R
E
R
E
R
E
R
R
E
R
E
R
R
I
explained
to
mr
massey
that
at
that
point
he
was
not
under
arrest,
and
I
asked
him
if
we
had
had
any
prior
interactions
with
him.
He
said,
probably
with
lieutenant
lipker,
who
is
one
of
our
lieutenants
on
the
pond
aboard
the
police
department
from
there.
Actually,
it's
kind
of
interesting
so
based
off
of
what
massey
had
said
to
me.
R
That
gave
me
enough
to
say:
okay,
we
may
have
had
interaction
with
mr
massey
at
some
point,
and
an
intern
was
actually
with
me
as
well,
and
he
had
mentioned
that
within
the
last
week.
He
he
believed
that
mr
massey,
who
I
was
with
on
this
date,
was
in
fact
the
same
person
that
lieutenant
lipker
had
dealt
with
approximately
one
week.
Prior
from
there,
you
go
back
to
the
patrol
car.
You
look
up
the
past
incidents
within
this
past
week.
R
In
regards
to
a
code
violation
from
there,
I
was
able
to
determine
that
lieutenant
lipker
had
issued
mr
massey
one
week
prior
a
warning
for
the
indecent
sign.
That's
how
I
was
able
to
obtain
his
identity.
What
I
did
was,
I
ran
the
driver's
license
based
off
of
what
lieutenant
lipker
had
already
ascertained
in
his
investigation
from
a
week
prior,
I,
as
you
can
tell
from
the
photograph
up
there.
R
E
R
E
R
And
just
to
kind
of
go
back
a
little
bit,
he
also
was
parked
in
the
parallel
parking.
I
think
I
also
notated
that
in
my
report
as
well,
his
vehicle
was
flying
the
biden
flag
as
well.
So
we
have
the
biden
flag.
That's
parked
pretty
much
right
in
front
of
the
city
hall
in
the
parallel
parking
and
then
also
the
sign.
E
C
R
E
R
R
R
E
A
R
R
J
E
M
E
R
R
E
P
R
E
E
F
R
F
R
F
R
R
He
asked
me
multiple
times
if
he
was
under
arrest.
If
that
were
the
case,
he
would
give
me
his
identity.
We
went
back
and
forth
for
a
little
bit,
no
sort
of
arguing
or
anything
like
that.
It
wasn't
until
after
I
had
come
back
up
from
my
car
and
issued
the
the
citation
where
he
began
to
raise
his
voice.
He
became
agitated.
With
with
the
incident,
I
gave
him
the
ticket.
I
said:
hey,
you
have
10
business
days
to
pay
this.
R
R
One
of
the
other
officers
was
there
present
as
well
and
and
witnessed
it
and
continued
to
do
so
until
we
we
ended
up
fully
departing
because
of
the
way
he
was.
He
was
yelling
while
I
was
in
my
car.
I
wasn't
engaging
with
him.
He
was
continuing
to
follow
me
to
my
car
and
then
yelling
at
me
from
the
sidewalk.
H
R
D
R
In
my
opinion,
did
I
find
it
obscene
because
I'm
not
I'm
not
testing,
I'm
not
attesting
to
my
opinion,
I'm
attesting
to
the
facts
of
what
we
have
in
front
of
us,
the
memorandums
we
have
been
issued
and
whether
or
not
that
sign
violated
the
code
ordinance
my
opinion.
I
do
not
attest
to
my
opinion
or
anything
having
to
do
with
that.
E
D
D
R
R
J
J
D
E
E
However,
that
complaint
was
initiated
before
july
1st
and
therefore
we
have
the
ability,
since
since
it's
not
really
relevant
other
than
the
fact
that
that
was
the
reason
why
the
officer
came
to
the
scene
as
to
who
the
complaining
party
was
in
the
future.
It
would
be
necessary
for
us
as
to
reveal
as
part
of
the
record
who
the
complaining
party
was,
but
but
before
july,
1st,
that
person
did
have
the
right
for
protection
of
their
privacy.
J
J
A
J
D
A
E
Mr
chairman,
if
I
might,
I
don't
have
the
authority
to
ask
mr
natalson
to
do
anything,
but
perhaps
the
chairman
you
would
please
ask
him
to
refrain
from
referring
to
whether
the
word
was
obscene
in
this.
In
this
proceeding,
because
that
only
muddles
the
record,
we
are
not
making
an
allegation
that
the
what
language
on
the
sign
was
obscene
is
the
respondent
is
here
on
an
indecent
sign,
and
I
think
the
record
needs
to
remain
clear
on
that.
D
J
A
F
G
D
A
A
A
S
You've
been
sworn
yes,
I
have,
sir
I'm
I'm
here
to
read
my
statement.
I
was
raised
by
strong
military
men.
They
never
held
back
on
the
words
they
used.
Yes,
some
some
words
were
were
ours:
they
they
served
our
country.
They
served
this
country
to
give
me
and
everyone
in
this
room
there
to
say
right
in
this
room
to
say
and
display
what
what
we
want
to
say,
the
fundamental
right
protected
by
the
first
amendment,
my
sign
and
and
protest,
was
against.
S
The
city's
attempt
to
to
restrict
the
rights
was
was
was
right
down
to
political
ali
of
speech.
You
cannot
have
a
limit
on
political
speech.
You
may
not
approve
of
my
method
of
of
speech,
but
it's
still
protected
under
the
first
amendment.
I
know
the
case.
All
that
covers
the
subject
and-
and
I
will
leave
leave
it
to
my
counsel-
to
argue
the
law
I
I
am
here
to
protect.
My
kids
is
right
and
everyone's
in
this
room's
right.
If
we
make
free
speech
illegal,
where
does
it
stop?
S
S
I
was
told
by
the
city
police
officer
that
you
may
have
the
right
to
say
so-called
bad
words,
which
I
can
tell
you
the
officer's
name.
If
you
all
want
to
know
his
name
he's
on
record
saying
it
you
have,
you
just
cannot
have
it
on
a
sign
or
or
a
shirt,
what's
different
sp
between
saying
it
in
front
of
kids,
where
where
they
definitely
can
hear
it
versus
having
on
a
sign
where
there's
a
chance,
they
they
they,
they
will
not
read
it.
S
S
Maybe
one
second
here,
I'm
changing
pages.
Sorry,
the
the
rights
to
defend
our
rights,
the
city
officer,
who
took
an
oath
to
defend
the
constitution.
The
the
state
constitution,
then
the
city
by
laws,
so
miss
davis,
miss
smith,
sorry
taken
in
me.
She
violated
her
oath
to
the
constitution
of
the
united
states
of
america
and
and
and
the
florida
constitution.
I
would.
I
would
only
hope
this
panel
would
would
do
the
right
thing
and
dismiss
my
ticket,
my
lawyer,
or
were
argue
all
relevant
case
on
this
matter.
Thank
you
very
did.
E
A
S
S
J
S
J
S
S
Well,
I'm
going
to
go
in
a
little
bit
of
detail
since
I
was
about
three
years
old.
I
heard
them
words
growing
up
by
by
by
by
by
the
gentlemen
around
me.
They
they
have
multiple
meanings
inside
inside
the
u.s
language,
at
the
moment
and
and
and
my
use
of
of
the
f-word
was
just
a
use
of
it
to
to
pound
in
the
this
this
this
city
trying
trying
to
kill
the
the
free
free
free
speech
of
us,
sir,
so
it
was
just
to
make
it
punch
in
your
home
a
little
bit
more.
J
S
S
S
S
G
I
A
J
A
S
No,
no
for
for,
for
a
matter
of
fact,
there's
a
protest
here.
We
after
I
was
ticketed
right
here
at
city
hall,
and
I
imagine
some
of
these
officers
can
testify
to
it.
There
was
at
least
10
officers
I
counted
here.
Gorman
was
one
of
them.
Lip
kerr
was
one
of
them
here
and
guys
had
signs
saying
saying
on
it:
guy
had
a
fishing
pole
with
hanging
off
it
walking
around
with
it,
and
none
of
these
officers
did
ticketed
and
and
none
of
them.
S
So
of
course,
I'm
sitting
here
alone
and
I
have
a
ticket
for
it.
Why
is
that?
That's
what
I
want
to
know
yeah
they
had
multiple
people,
people
came
inside
the
city
hall
meeting
and
and
they
they
they
had
to
close
down
a
meeting
because
guys
are
in
here
yelling
at
them
and
everything
else
holding
the
signs
the
board
meeting
shut
down
because
of
it,
which
it's
on
video
shut
down
because
it
and
the
officers
came
in
just
told
them.
Please
leave
there
was
no
tickets
issued.
S
There
was
no
warnings
issued,
and
none
of
these
cases
me
and
mr
sheets
are-
are
the
only
ones
that
ever
have
tickets
issued.
There's
a
total
of
eight
eight
eight
different
warnings
meaningless
street.
I
believe
to
this
day
when
there's
been
at
least
a
hundred
people
out
here
in
the
city
protesting
every
weekend
every
friday,
as
well
as
people
coming
right
here
to
city
hall,
where
I
was
doing
it
and
no
one
got
a
ticket.
But
me.
S
J
J
S
S
And
and
one
definition-
yes,
it
does
but,
like
I
said
that
word
has
many
different
definitions
said
in
england's
english
language
language.
Right
now
it's
used.
It's
used
in
song.
Lyrics
it's
used
by
is
it's
used
by
the
present
united
states,
congressmen,
senators,
the
whole
nine
yards,
plm
people
protesting
and
and
and
and
and
none
and
nothing
I
mean
that
that
they
want
to
somebody
understood.
F
F
S
F
S
S
S
D
S
D
G
T
G
S
A
A
K
J
The
point
I
want
to
make
again
is
these
the
words
in
this
ordinance
matter.
It
doesn't
really
matter
why
they
put
them
in
there
I
mean
as
a
as
an
adjudicative
body
like
you
are.
Mr
levin
seemed
to
want
to
go
through
the
history
they
put
it
in
there.
For
this
reason,
in
this
case
this
case
this
case,
I
don't
know
why
he
said
that
and
then
again
he
doesn't
want
you
to
rule
on
the
constitutionality,
the
work,
the
word
it
doesn't
matter.
Why
they're
there
they're
there.
J
If
I
had
to
tell
you
why
they
were
there
they're
kind
of
pulled
from
the
obscenity
standard.
Really
that's
in
that
paper
that
we
sent,
but
the
fact
that
they're
there
it
doesn't
matter
why
they're
there
that's
the
way
our
law
system
is.
If,
if
we
don't
go
by
the
words
in
the
in
the
statutes
in
the
ordinance,
the
actual
words,
what
do
we
have
do
we
have
a
do?
We
have
a
rule
by
law?
No,
we
don't.
We
have
a
rule
by
mob,
so
you
got
to
go
by
the
words
and
apply
the
words.
J
It
kind
of
saddened
me
that
none
of
you
have
discussed
my
point
whatsoever,
whether
any
of
these
words
as
used
as
used
there's
not
been
a
single
bit
of
discussion,
whether
any
of
the
words
as
used
depict
or
describe
sexual
excretory
activities
or
organs.
It's
the
use
of
the
word,
not
the
word
itself
that
this
definition
addresses.
J
If,
if
it
was
just
a
word,
it
could
have
said,
hey
can't
use
the
f
word.
You
can't
use
s
word.
No,
it
didn't
say
that
it
said
it
leaves
a
decision
to
each
case.
Isn't
there
any
discussion
on
it,
use
words
like
what
the
of
course
that's
not
alluding
to
sex.
That's
and
it
has
become
a
like
a
dirty
little
expression.
I'll
say
it's
dirty
little.
I
don't
use
it,
but
whether
it's
dirty
little,
that's
not
what
you're
deciding
on
you're
deciding
the
words
of
this
statute.
J
You're,
just
saying
with
that
dirty
little
expression
that
may
have
had
its
origin
somewhere
in
a
sexual
activity.
That's
not
what
it
means
it
doesn't
depict.
It
doesn't
describe
it.
It's
a
dirty,
little
expression.
It's
all!
It
is
it's
not
it's
not
words
that
just
describe
or
depict
sexual
activity
dirty
little
expression
ordinance,
doesn't
overrule
out
law
dirty
little
expressions.
J
Or
words
whether
you
put
them
in
writing
or
whether
you
speak
them,
they
have
the
same
important
meaning.
So
I
don't.
I
don't
get
the
point
there
now,
if
you're
saying
well,
if
you're
alluding
to
the
fact
well,
viscerally
signs
make
it
worse
on
the
community.
Well,
you
may
be
right,
you
know
you
may
be
right,
but
you
know
to
be
a
civilized
society
to
be
a
law
and
order
society,
a
rule
of
law
society.
J
J
J
E
Okay-
mr
chairman,
find
my
argument.
Here's
the
word.
Here's
the
languages
written
in
the
ordinance.
Let's
talk
about
the
phrase
in
which
the
word
appears
it
talks
about
what
is
what
is
the
language?
You
know
what
is
whether
or
not
the
word
that's
used
on
the
sign
describes
sexual
activity
in
a
manner
that
is
offensive.
It's
measured
by
contemporary
community
standards
and
the
prohibition
is
directed
to
signs
that
can
be
vis
viewed
by
children
under
the
age
of
17..
E
Now
maybe
the
older,
the
child
is
the
more
they
might
be
able
to
appreciate
the
context
of
the
word,
but
nevertheless
there
are
children
under
the
age
of
17.
That
see
the
word,
and
that
word
is
what
we're
trying
and
it's
it's
it's.
Those
particular
words
that
are
considered
to
be
indecent
speech,
as
defined
by
our
city
council.
E
But
the
word
itself
describes
a
sexual
activity
in
a
manner
that
is
offensive
and
we
submit,
just
as
the
witnesses
indicated,
that
the
word
does
have
a
sexual
connotation
associated
with
it,
and
hopefully,
you'll
find
that
that
word
is
offensive,
is
measured
by
our
community
standards
and
therefore
constitutes
indecent
speech.
Because
there's
no
dispute
that
he
didn't
use
that
word
on
a
sign
in
a
public
space
that
was
viewed,
viewable,
potentially
viewable
by
children
under
the
age
of
17..
F
One
part
of
one
part
of
it,
and
this
was
part
of
the
violation.
Yes,
any
sign,
which
contains
obscene
language
or
graphics
and
any
sign
containing
fighting
words
you
could
take.
You
could
take
some
of
that
and
some
people
could
get
pretty
upset
where
I
could
see.
They'd
probably
want
to
create
a
fight
or
indecent
speech.
F
So
here
we
are,
you
know,
put
all
that
other
stuff
aside
and
we
still
might
have
indecent
speech,
which
is
legible
from
any
public
right
of
way
within
a
public
space
which
can
potentially
be
viewed
by
children
under
the
age
of
17.
and-
and
I
agree
with
you
100-
that
as
a
child-
and
we
consider
anyone
under
17
still
a
child,
but
but
I
consider
children
even
younger,
because
they're
they
haven't
been
influenced
by
by
the
external
things
that
that
we
we
have
been
influenced
by
so
I'd
like
to
the
the
attorney.
F
E
And
just
to
be
clear
so
that
due
process
was
provided
in
this
case
the
citation
was
specifically
identifying
an
indecent
sign.
We
didn't
make
the
allegation
that
it
was
obscene.
We
didn't
make
the
allegation,
it
was
in
fighting
words,
it
was
an
indecent
sign,
and
that
was
the
testimony
that
was
presented
before
you.
Thank
you.
A
G
Motion
to
find
that
the
citation
is
valid
and
the
respondent
did
irreparably
violate
chapter
9a,
section
9
8-13
for
nc
8
and
chapter
26,
section
11.5
for
nz
of
the
point
guard
code
and
order
that
the
fine
and
the
amount
of
five
thousand
dollars
be
imposed
plus
case
cost
case
costs
incurred
in
the
amount
of
seven
dollars
and
41
cents
and
further
order.
That
said,
fine
and
case
cost
be
paid
within
10
days
of
the
entry
of
this
order.
H
I'll
make
a
motion
please
please
motion
to
excuse
me
to
find
that
the
citation
is
valid
and
the
respondent
did
irreparably
violate
chapter
9,
a
section
9a-13c8
and
chapter
26,
section
11.5
z
of
the
punta
gorda
code,
and
it
is
ordered
that
a
fine
in
the
amount
of
500
be
imposed
plus
case
costs
incurred
in
the
amount
of
7.41
and
further
order.
That
said,
fine
and
case
costs
be
paid
within
10
days
of
the
entry
of
this
order.
D
D
N
D
And
this
is
political
speech
I
mean
he
could
have.
I
mean
if
they
had
a
sign
that
said,
biden
sucks,
you
know,
or
I
want
to
give
biden
the
finger
or
you
know
is
this
all
you
know
is
this
indecent,
it's
political
speech
and
I
don't
think
the
city
has
made
their
prime
of
facial
case
that
this
is
that
there's
a
community
standard,
that's
been
violated
here
we
have
to
talk
back,
we
have
to
go
back
to
community
standard
and
there
is.
A
A
You
accept
it
for
what
it
is,
and
this
defense
counsel
was
reluctant
to
use
the
word
in
this
form.
I
know
that
there
are
people
are
sensitive
that
and
I
find
that
the
display
I
do
consider
the
way
it
was
described.
It
wasn't
like
when
I
play
golf.
It's
used.
This
was
intended
to
express
a
sexual
conduct,
so
I
find
it
to
be
in
violation
of
the
ordinance
so
we'll
take
a
vote
on
the
motion.
A
L
D
E
E
J
I
didn't
think
it
was
going
to
take
up
that
much
time.
I
I
can't
say
I
apologize
because
this
is
an
important
case,
but
I
need
to
get
moving
on
this
afternoon
and
so
does
my
clients.
Mr
sheets
has
another
charge
at
another
docket.
Could
we
please
continue
those
and
put
them
on
the
same
docket
and
come
back
another
day.
A
A
E
I've
seen
I've
spoken
to
the
officers
first
of
all,
mr
massey's
can
be
excused
because
he's
the
only
I
mean
we
only
have
one
case
on
his
his
and,
and
at
least
one
of
the
officers
may
have
a
conflict
with
the
next
next
date,
and
so
I'd
like
to
get
get
them
in
and
out
and
possibly
you
know
we
can.
I'm
sure
the
case
is
moving
forward
will
be
a
little
less
lengthy.
If
sure,
if
we
stick
to
the
point.
E
E
A
That
all
right,
the
next
case,
we're
going
to
do-
is
case
number
21,
79789
code,
compliance
officer,
nick
faulkner,
respondent,
christopher
chase
address.
The
violation
is
415
cooper.
Street
citations
are
violation
of
chapter
26,
section,
3.8
d,
1,
prohibited
use
and
violation
of
chapter
26,
section
8.5
b
to
fence
and
disrepair
is
the
respondent
present.
C
V
I'm
submitting
20
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
condition
of
the
site.
At
the
time
the
features
were
taken
on
may
25th
2021.
I
inspected
the
property
and
found
the
operation
of
a
vehicle
storage
facility
which
is
prohibited
use
of
this
property
and
is
a
violation
of
the
punta
gorda
code.
V
Chapter
26,
section
3.8
d,
one
and
the
fence
on
the
property
is
in
a
state
of
disrepair,
which
is
the
violation
of
the
punta
quarter
code
chapter
26,
section
8.5
b2f
on
may
26,
2021
and
notice.
The
violation
of
order
corrective
action
was
sent
to
respondent
via
certified
mail,
which
was
returned
undelivered
on
june
3rd
2021.
V
on
may
26
2021.
I
posted
the
notice
of
violation
and
order
corrective
action
on
the
property
and
at
city
hall,
ordering
corrective
action
be
taken
in
all
vehicles
and
trailers
and
vehicle
parts
being
stored
on
the
property,
be
removed
within
14
days
of
receipt
of
the
notice
and
the
fence
be
repaired
or
replaced
within
14
days
of
receipt
of
the
notice.
V
H
G
U
Prior
to
that
incident,
I
didn't
know
I
was
in
violation
of
anything.
I
don't
understand
why
I
can't
park
my
own
vehicles
on
my
own
property.
I
understood
it
was
commercial
property,
I'm
a
proud
owner
of
the
new
property.
Now
I'm
happy
to
save
the
the
smokehouse
from
being
disposed
of
by
some
other
owner
that
might
want
to
just
bulldoze
the
whole
thing
and
I
don't
know,
build
a
club
or
something
there.
U
Who
knows
so
I'd
like
to
hear
what
you
guys
have
to
say
about
how
I'm,
in
violation
of
parking
my
own
vehicles
there,
I
own
everything
there.
If
you
need
me
to
bring
titles
to
everything,
I've
I've
since
disposed
of-
probably
let's
see
three
semi-trailers,
which
I
used
to
move
here.
One
one
box
truck
one
stake
bed
truck,
and
so
those
things
have
been
sold.
I
can't
sell
those
two
big
semi-trailers
there,
because
one
contains
my
shop,
my
all
my
wardrobe
possessions
and
the
other
one
contains
everything
from
my
house.
U
Since
then,
mr
faulkner,
you
might
have
noticed
that
I've
I've
actually
cut
the
lawn
and
been
weed
eating
and
starting
to
take
care
of
stuff,
as
I'm
able
to
dispose
of
some
of
this
property
and
put
some
more
money
back
in
the
bank,
because
currently
I'm
working
off
of
coffee
cans
that
I
dig
up
out
of
the
yard.
So
until
I
get
a
little
more
money,
I
do
intend
on
putting
up
a
a
sliding
gate
which
the
davis
has
never
had.
U
U
E
W
W
Back
in
the
day,
this
was
dm
construction,
amjac
enterprises
and
jtm
construction.
That
was
back
prior
to
the
zoning
change
in
2005,
where
the
zoning
maps
were
changed
since
then,
the
last
business
tax
license
for
any.
The
only
thing
that
is
current
is
the
smoke
house
any
of
the
contractor
offices
or
contractor
businesses
that
were
there,
expired
in
2000
11
years
ago,
parking
of
trucks
or
trailers
in
chapter
26,
section
8.10.
W
It
shall
be
unlawful
for
any
person,
company
or
corporation
to
park,
any
trailer
truck
trailer
wagon,
a
recreational
vehicle
on
any
public
right
away
with
any
residential
district.
I'm
sorry,
I
need
to
scoot
down
to
the
second
paragraph.
It
is.
It
shall
be
unlawful
for
any
person,
company
or
corporation
to
park,
trucks,
recreational
vehicles
or
trailers
which
have
multiple
axles
or
two
rear
wheels
per
site
overnight
on
public
or
private
property
and
other
than
sp
special
purpose.
Zoning
district,
for
which
a
valid
local
business
tax
receipt
has
been
issued
for
vehicle
storage.
W
F
X
H
U
U
C
D
U
No,
I
never
received
anything.
I
don't
know
if
I,
if
the
mailbox
was
closed
at
that
time,
and
and
none
of
this
stuff
got
to
me
there
in
in
new
mexico,
so
I
never
got
all
your
your
prior
notices
and
violations
and
all
that
stuff.
So
I
didn't
know
anything
about
it
until
this
was
at
the
you
know,
when
I
went
out
to
get
my
mail
at
the
mailbox.
Do
you.
W
W
U
U
I
think
most
of
us
here,
our
greatest
asset
in
life
is
our
property
and
if
we
decide
to
move
from
one
place
to
another,
it's
almost
impossible
to
do
because
you
have
to
sell
your
greatest
assets.
So
you
have
the
money
to
move
to
buy
another
house
somewhere
else,
but
I
was
lucky
to
be
able
to
do
that
in
the
first
place,
but
I
don't
have
means
to
just
go
and
pay.
U
F
F
And
but
you
know
the
same
tokens
when
you
buy
a
piece
of
property
that
it's
kind
of
your
responsibility
to
do
your
due
diligence,
as
as
the
chairman
had
said,
and
find
out
what
you
can
put
on
that
property
and
what
you
can't.
So
if
you
purchased
a
piece
of
property
and
you
wanted
to
build
a
commercial
building,
but
it's
in
a
residential
area.
U
C
H
D
D
F
W
W
I
don't
know
that
we
could,
and
I'm
gonna
actually
ask
legal
on
this
as
our
city
attorney,
not
as
a
board
attorney,
but
as
our
city
attorney
asked
him.
If
that
would
be
an
application
that
could
be
considered
because
under
special
exceptions,
it
states
marinas
banquet,
drive
through
eating
establishments,
emergency
care,
heliport
parking
structure,
private
service
stations,
theater
outdoor
going
into
restaurant
medical
uses,
single
family,
duplex,
multifamily,
and
it
goes
on,
but
it
does
not
state.
E
C
P
P
U
Towing
company,
in
in
a
automotive
shop
in
in
angel
fire
new
mexico,
which
was
a
ski
resort,
a
community
of
about
600
people
out
there.
So
I
was
intending
to
have
a
maybe
have
a
towing
company
here,
but
I
would
have
had
to
ask
for
a
zoning
variance
or
whatever
to
do
that,
and
I
understand
that
there
was
a
shop
in
the
metal
building.
U
I
don't
know
a
few
years
before
I
purchased
the
property
at
one
time,
so
they
were
renting
it
out
to
somebody
who
was
using
it
as
a
mechanic
shop
then.
But
I
understand
I'll
have
to
ask
for
a
zoning
variance
for
that
also,
so
I
will
be
asking
for
the
mechanical
shop,
which
would
be
which
would
be
nice,
so
I
can
start
making
some
money
again,
most
likely
because
right
now,
I'm
still
selling
off
stuff
that
I
moved
here
with.
So
a
lot
of
those
things
are
going
to
be
gone.
U
W
As
stated
lisa
hannan,
again,
zoning
official,
I
have
been
sworn
as
stated:
there's
no
opportunity
to
apply
for
that
special
exception,
because
this
isn't
a
similar
use
in
the
neighborhood
center
zoning
classification.
So
it
would
not.
The
application
could
not
be
considered.
Variance
is
not
for
a
use.
The
variances
is
for
a
structure.
Special
exception
is
for
a
use,
that's
not
permitted
by
the
code.
There's
no
reasonable
implication,
a
reasonable
way
to
get
to
what
you
want
to
do
on
this
property,
with
our
special
exception
process.
D
W
Well,
of
course,
but
we
have,
it
would
go
through
our
development
review.
We
have
architectural
provisions,
it
couldn't
be
just
a
metal
building,
a
pole,
barn
or
anything,
because
we
have
our
architectural
standards
that
would
have
to
be
met,
setbacks,
landscape
provisions,
so
it
would
go
through
our
stormwater
management.
It
would
go
through
our
full
development
review
but
of
course,
sure.
B
U
G
C
A
Apparently
is
pretty
clear
on
its
face
as
to
what
the
property
is
so
at
best.
We
can
give
you
several
days
if
that
will
be
entertaining
in
the
motion
to
correct
this
situation,
but
it's
going
to
fall
on
you
to
come
up
with
a
solution.
You
can
work
with
city
staff
that
consider
areas,
but
it's
it's
a
shame.
In
my
view.
Mr
weiner.
A
H
E
A
A
C
E
F
U
P
E
M
C
E
A
The
next
two
cases
to
hear
for
this
board
are
case:
number
21794
code,
compliance
officer,
alan
mcdaniel,
respondent,
michael
christopher
and
nicole
ross,
2814
la
mancha
court
violation
of
chapter
9,
section
9-2-a
in
violation
of
chapter
26,
section
8.14,
b,
outside
storage
in
violation
of
chapter
26,
section
3.13
g
commercial
vehicle
city
has
requested
a
motion
to
dismiss
this
case.
I'd
like.
A
G
X
C
H
A
G
H
C
F
C
H
A
E
G
A
We'll
get
back
on,
at
least
for
the
record.
We
have
to
take
certain
things
we
have
two
members
are
going
to
be
leaving,
and
one
of
them,
unfortunately,
is
not
just
leaving
this
meeting
but
stepping
down
from
the
board
and
that's
john
chalifoux,
and
I
would
like
to
say
personally
and
on
behalf
of
the
board.
Not
only
is
he
been
a
valuable
member,
but
he
was
an
exceptionally
fine
chairman.
A
A
F
I'll
see,
say
a
few
words
it'll
only
take
me
an
hour
and
a
half,
but
now
I
seriously
I
I
love
sitting
on
the
board
and
serving
the
community.
This
is
the
second
board
that
I've
served
on
and
I'll
probably
look
to
get
on
another
one,
because
it's
it's
my
way
to
give
back
to
the
community
and
people
that
come
before
us
again.
We
don't
make
the
ordinances
we're
here
to
to
to
rule
on
whether
they've
been
violated
or
not,
and
as
long
as
I've
been
on
the
board.
It's
it's.
F
It's
not
really
our
our
views
to
issue
big
binds.
We
want
people
to
come
into
compliance
because
that's
why
we
live
here.
This
is
a
great
community
and
we
want
to
maintain
the
standards
that
that
everyone
looks
up
to
I'd
like
to
give
a
shout
out
shout
out
to
staff
they
they
do
a
great
job
they're
out
there
every
day,
and
you
know
it's
a
it's
a
thankless
job.
So
so
I
I
appreciate
you
guys
and
I
appreciate
working
with
you.
F
I
also
like
to
to
say
to
the
board
members
say
you
know
everyone.
Anyone
in
in
the
community
can
really
you
know
about
things,
but
it's
it's
us
and
the
other
board
members
that
step
up
to
the
plate
and
donate
their
time.
We
never
we
don't.
We
don't
get
paid
for
it
and
it's
it's
goes
a
lot
of
times
unnoticed.
F
B
E
The
city-
please
yes,
officer,
please
state
your
name
for
the
record
officer
fiorino
and
were
you
sworn
I
wasn't
all
right
and
by
whom
are
you
employed
on
the
board
of
police
department?
And
what
is
your
position
with
the
pontago
police
department?
I
work
road
patrol.
What
are
your
duties
and
responsibilities
on
road
patrol.
E
And
were
you
so
employed
on
june
12
2021?
I
was
on
that
date.
Did
you
receive
a
request
to
respond
to
a
potential
code,
violation
at
the
corner
of
west
olympia,
avenue
and
taylor
street?
Yes,
sir,
and
is
the
corner
of
west
olympia,
avenue
and
taylor
street
within
the
territorial
limits
of
the
city
of
punta
gorda?
It
is,
and
did
you
in
fact,
respond
to
said
request?
Yes,.
Y
E
Are
you
generally
familiar
with
the
city's
sign
code
standards
contained
in
chapter
26
point
of
order
code?
I
am
all
right
on
screen.
Is
cities
exhibit
number
one?
Do
you
recognize
exhibit
number
one
as
the
definition
for
the
term
sign
is
contained
in
the
city's
science
standards
I
do
and
I'll
show
you,
city
exhibit
number
two
and
ask
if
you
recognize
exhibit
number
two.
Is
the
definition
of
the
term
indecent
speech
as
contained
in
the
city's
science
standards.
E
L
E
Y
Y
E
E
Is
the
photo
an
accurate
depiction
of
the
scene,
as
you
saw
it,
it
is,
and
was
mr
seat
standing
within
a
public
space.
He
was
was
mr
sheets
holding
a
sign,
as
that
term
is
defined
by
the
city's
science
standards?
Yes,
sir,
is
it
your
understanding
that
a
flag
is
a
sign,
as
that
term
is
defined
by
the
city's
science
standards?
It
is,
did
the
flag
that
mr
sheets
was
holding
contain
indecent
speech,
as
that
term
is
defined
by
the
city's
science
standard
it
did
and
what
were
the
words
on
mr
sheet's
flag?
E
E
E
Y
C
E
Y
E
Did
mr
shirt
contain
indecent
speech,
as
that
term
is
defined
by
the
city's
sign
standards
it
did
and
what
were
the
words
on
mr
shirt?
Did
you
find
to
be
indecent
speech,
as
that
term
is
defined
by
the
city's
science
standards?
The
word
and
was
mr,
was
mr
sheets
wearing
the
shirt
depicted
in
the
city's
exhibit
number
five
within
a
public
space.
He
was
and
was
was
he
wearing
his
shirt
in
an
area
where
his
message
could
potentially
be
viewed
by
children
under
the
age
of
17.
E
E
E
J
Y
Y
J
E
F
A
N
So
it's
interesting
earlier
nancy
brought
up.
A
good
point
I
forgot
about
this
is
absolutely
selective
and
discriminatory.
We
have
tons
of
video
of
all
these
police
officers
right
here,
seeing
other
people
with
bad
signs
protesting
on
41,
where
tons
of
kids
saw
them
multiple
protests
on
41..
In
fact,
I
was
just
at
a
protest
in
front
of
the
police
station
and
I
was
censored
because
of
your
tyranny.
N
I
censored
myself,
but
there
was
other
people
there
with
signs
and
they
did
nothing
all
they
did
was
stare
through
the
window
staring
at
us
and
they
did
nothing.
In
fact,
some
of
those
people
went
downtown
punta
gorda,
I'm
sure
you've
heard
with
their
signs
in
front
of
kids
everywhere
with
a
bull
horn.
I
gave
my
bull
horn
to
my
friend
because
I
said
they're
sick
of
hearing
from
me.
You
make
a
statement.
N
N
I
have
all
the
videos
for
that.
This
is
selective
and
discriminatory,
so
I
wanna
I
wanna,
like
I
said
I
wanna
agree
with
massey
that
this
is.
You
cannot
have
a
law,
that's
selective
and
discriminatory.
I
also
want
to
make
a
point
that
he
admitted
to
so
what
he
was
mentioning
is.
What
did
the
bottom
sign
say?
Do
you
remember?
I
don't
recall
exactly
all
right
so
that
day
I
was
making
an
interesting
observation
just
for
him
or
whoever
showed
up
this
sign
says
acronyms.
Does
anybody
know
what
acronyms
mean?
N
N
In
fact
he
admitted
the
next
time
he
saw
me
he
goes
I
apologize,
and
this
is
on
video,
his
body,
camera
and
mine.
He
goes
I
apologize,
I
didn't
realize
you
were
doing
acronyms
that
day
so
also,
I
need
to
make
the
statement
too.
I
am
not
a
rich
person,
I,
I
am
lower
income
and
these
fines
are
outrageous.
I
A
N
N
N
F
So
ag
again
same
question,
I
opposed
to
mr
massey
that
you
said
all
these
other
people
had
signs
and
and
the
police
didn't
do
anything.
Are
you?
How
are
you
aware
that
they
haven't
received
warnings
or
maybe
they
have
received
warnings
and
they
said
well,
I'm
not
going
to
do
it
again.
What
that,
what
proof
do
you
have?
I
mean
you
brought
it.
N
Up,
okay,
sir,
no,
I
agree.
Thank
you.
Thank
you
for
asking.
You
know,
like
one
person
here
got
mad,
because
I
said
that
this
is
an
extremely
corrupt
city
and
the
police
department
is
because
that's
why
we're
body?
I
wear
multiple
body
cameras,
everybody
that
I
know
was
out
doing
this.
You
know
trying
to
you
know,
stop
this
insanity.
N
They
all
wear
body
cameras,
you
guys
wear
body
cameras.
It
is
all
fully
documented.
I
could
not
believe
it
that
we're
at
the
dmv,
where
I
got
that
last
ticket
that
you
just
nailed
me
for
a
thousand
dollars.
Seven
people
sitting
there
with
all
these
signs,
and
none
of
these
guys
gave
a
warning.
They
let
them
go.
N
In
fact
they
were
even
recording
in
that
building
with
video
and
charlotte
county
says
that's
illegal
and
they
should
have
been
trespassed.
They
wouldn't
even
trespass
them.
It's
really
weird.
If
andy
goes
out
somewhere
with
the
camera
he's
trespassed.
If
andy
goes
out
somewhere
with
a
bad
sign,
I
get
a
ticket,
but
nobody
else
is.
I'm
sir,
you
give
me
your
email,
I
will
send
you
every
single
video
you
want
and
you're
going
to
say,
what's
going
on,
you're
you're
enforcing
it
on
andy
and
none
of
these
other
people
there's
so
much
video.
N
I
I
did
not
know
that
this
was
going
to
get
this
out
of
control
really
did
not.
I
am.
I
will
swear
on
a
bible,
it's
real,
it's
not
a
joke.
Ask
him,
ask
him
how
many
people
have
you
seen
that
are
protesting
with
these
signs
and
you
didn't
do
anything
there.
You
go.
There's
your
answer
right
there
not.
E
K
Y
E
J
J
J
The
obscenity
there
were
some
questions
here
about
obscenity
retiring
member
here
made
and
he
seemed
to
think
obscenity
and
fighting
words
had
any
something
to
do
with
this
charge.
Attorney
said:
hey
we're
not
charging
him
for
that,
but
still
it
played
in
his
mind
and
he
didn't
want
to
isolate
it
didn't
appear
to
want
to
isolate
it
to
that
particular
definition
of
indecency.
J
So
you
know
again.
I
can
only
urge
you
to
consider
the
rule
of
law,
whether
you
like
the
colorful
metaphor
or
not.
We
have
to
go
by
the
rule
of
law
and
the
rule
of
law
says
hey
if
you're
not
you're
innocent
until
proven
guilty.
So
if
you
want
to
put
some
guilt
on
him,
for
obscenity
are
fighting
words:
you're,
not
you're,
not
applying
the
rule
of
law
that
wasn't
charged.
E
J
So
if
you
think
it's
obscene,
if
you
think
it's
fighting
words,
he's
innocent
that
I
mean
at
this
juncture,
it
wasn't
charged
now.
The
obscenities
case
miller
versus
california
actually
requires
trying
to
prove
obscenity
requires
you
it
to
be
proved
that
the
work
depicts
or
describes
in
a
patently
offensive
way
sexual
conduct.
J
I'm
not
saying
you
can
do
this
part
of
our
constitutional
argument.
The
city
has
just
simply
taken
obscenity
standards
and
plopped
them
right
into
the
indecency
definition.
Just
wrote
them
right
in
okay.
Well,
that's
not
for
your
purvey
at
least
to
decide.
But
what
I'm
trying
to
say
here
is
at
least
this
body.
J
This
body
can't
determine
the
constitutionality.
The
body
could
apply,
make
a
some
effort
to
actually
apply
the
words
actual
words,
the
unconstitutional
words
that
are
actually
in
the
provision.
Indecent
speech
depicts
or
describes
sexual
activity
organ
bad
and
doesn't,
unless
you
use
a
warped
imagination.
You
said:
okay.
J
Please
go
light
on
my
clients.
They
they
they're
here
to
make
a
point
not
making
any
money
off
of
this.
They
just
want
to
stand
for
constitutional
rights.
This
will
work
its
way
through
it's
not
going
to
help
to
keep
a
big
fine
on
somebody
that
can't
afford
to
pay
it.
So
please
I
mean:
let's
go
100
bucks
this
time,
you've
already
find
him
enough.
You're
gonna
find
him.
A
A
I
will
say
before
that.
I'm
sorry,
I
disagree
with
your
position.
I
think
the
way
the
word
was
used
is
not
just
in
general
like
when
I
play
golf
and
have
a
bad
swing,
but
does
in
fact
describe
something
sexual
to
be
committed
to
a
human
being,
and
I
don't
think
I'm
such
an
idiot
that
I
would
make
that
mistake,
but
sorry.
A
G
Motion
to
find
that
the
citation
excuse
me
is
valid
and
the
respondent
did
irreparably
violate
chapter
9a,
section
9a,
13
parent
c
8
and
chapter
26,
section
11.5
for
nz
of
the
punigor
code
in
order
to
define
a
fight
in
the
amount
of
five
thousand
dollars
being
posed
plus
case
costs
in
the
amount
of
seven
four
seven
dollars
and
41
cents.
In
further
order
that
the
said
fine
and
case
cost
be
paid
within
10
days.
A
A
A
H
I
D
D
F
D
A
I
N
E
O
E
We
include
enforcement
of
violations
of
city
code
of
ordinances.
Yes,
sir,
were
you
so
employed
on
june
22,
2021?
Yes,
and
on
that
date,
did
you
receive
a
request
to
respond
to
a
potential
code
violation
at
126
harvey
street?
I
did
is
126
harvey
street
within
the
territorial
limits
of
the
city
of
puente,
gordon.
L
E
L
E
I'll
show
you,
cities
exhibit
number
one,
and
do
you
recognize
exhibit
number
one.
Is
the
definition
for
the
term
sign
as
contained
in
the
city's
science
standards
and
I'll
show
you,
cities
exhibit
number
two
and
do
you
recognize
exhibit
number
two
as
the
definition
for
the
term
indecent
speech
as
contained
in
the
city's
science
standards?
Yes,
and
I
show
you
exhibit
number
three
and
you
recognize
exhibit
number
three
as
one
of
the
types
of
signs
prohibited
by
the
city's
science
standards.
Yes,
let's
show
you
the
city's
exhibit
number
four.
E
E
Q
L
Q
E
And
is
it
your
understanding
that
apparel,
upon
which
words
have
been
printed,
constitutes
a
sign,
as
that
term
is
defined
by
the
city's
sign
standards?
Yes,
did
mr
sheet's
shirt
contain
indecent
speech,
as
that
term
is
defined
by
the
city's
science
standards.
It
did
and
again
specifically,
what
were
the
words
on
mr
sheet's
shirt?
Did
you
find
to
be
in
decent
speech,
as
that
term
is
defined?
E
You
say
it
again.
Please
thank
you,
and
was
mr
sheets
wearing
the
shirt
depicted
on
city's
exhibit
number
four
within
a
public
space.
Yes,
what
was
the
approximate
time
of
day
of
your
observations
of
mr
sheets
approximately
two
o'clock
in
the
afternoon
and
was
mr
sheets
wearing
the
shirt
in
an
area
where
his
message
could
potentially
be
viewed
by
children
under
the
age
of
17.
L
E
E
E
L
J
E
J
A
J
A
A
J
A
J
Understand,
sir,
I'm
just
saying:
could
anybody
anybody
reasonable
person
consider
what
the
a
sexual
reference
I
don't
think
so,
not
in
this
day
of
age?
Okay,
now
also,
my
point
is
if
you
can
apply
that
in
constitutional
statutes.
So
broadly
it's
something
that
the
courts
really
need
to
take
a
look
at,
so
we
thank
you
for
helping
us
make
the
record.
Thank
you.
E
Now,
if
I
might,
mr
john,
mr,
I
agreed
to
accept
the
witness's
statement.
Previous
statement
in
the
previous
case
in
lieu
of
his
live
testimony
right
now.
But
I
would
I
would
ask
to
call
him
as
a
witness
or
otherwise
ask
that
the
testimony
and
my
questions
posed
to
the
witness
in
the
previous
case
also
be
incorporated
into
the
record
in
this.
E
E
G
G
E
G
G
G
G
D
G
E
A
P
Motion
to
find
that
the
citation
is
valid
and
the
respondent
did
the
rapidly
violent
chapter
9,
a
section
9
8
13
parent
c
8
and
chapter
26,
section
11.5,
parent
c,
z
of
the
point
of
order
code
in
order
to
find
the
amount
of
five
hundred
dollars
being
post
plus
case
cost
incurred
in
the
amount
of
seven
dollars
and
forty
one
cents
and
further
order.
That
said,
fine
in
case
caused
people
paid
within
ten
days
of
the
entry
of
the
order.
B
A
N
Q
E
And
were
you
so
employed
on
june
26
2021?
Yes,
on
that
date,
did
you
receive
a
request
to
respond
to
a
potential
code
violation
in
the
area
of
northbound,
tamiami
trail
and
east
red
espalot?
Yes,
is
the
area
of
northbound
tamiami,
trail
and
east
esplanade
within
the
territory
limits
of
the
city
of
punta
gorda.
L
E
E
Yes
and
I'll
show
you
exhibit
number
two
and
do
you
recognize
it
number
two,
as
the
definition
for
the
term
indecent
speech
as
contained
in
the
city
science
standards
and
show
you
exhibit
number
three
and
ask:
do
you
recognize
exhibit
number
three
as
one
of
the
types
of
signs
prohibited
by
the
city's
sign
standards?
Yes,
so
exhibit
number
four,
and
does
this
photo
appear
to
be
taken
from
your
body?
Camera?
E
E
Q
E
And
was
it
an
accurate
photo
of
the
depiction,
accurate
depiction
of
the
scene,
as
you
saw
it
yes
and
was
mr
sheet
standing
within
a
public
space?
Yes,
and
was
mr
seats
holding
a
sign,
as
that
term
is
defined
by
the
city's
science
standards?
Yes,
is
it
your
understanding
that
flag
is
a
sign,
as
that
term
is
defined
by
the
city's
science
standards?
Yes,
and
did
the
flag
that
mr
sheets
was
holding
contain
indecent
speech,
as
that
term
is
defined
by
the
city's
science
standards?
Yes,
what
word
or
words
on
mr
sheet's
flag?
E
Yes,
and
do
you
have
personal
knowledge
that
mr
sheets
had
previously
received
a
citation
from
the
city
for
a
violation
of
chapter
26,
section,
11.5,
z,
point
of
code,
yes
and
I'll
show
you
exhibit
cities
exhibit
number
five
and
ask
if
that's
a
true
and
accurate
copy
of
the
citation
you
provided
to
mr
sheets
on
june
26
2021,
it
is
chairman
I
enter
exhibits
one
through
five
under
the
record
accepted.
I
have
no
further
questions
and
offer
the
witness
for.
Q
E
E
G
I
wonder
I
wonder
if
I
can
be
president
at
the
court
case
that
joke
you're
asking
me.
Yes,
I'm
sorry,
my
former
attorney,
I
beg
your
pardon,
mr
levin.
Is
there
a
way
that
one
or
all
of
us
can
appear
at
the
court
case
and
hear
this
counselor
when
he
stands
up
in
front
of
the
judge
says
you
know
that
code
enforcement
board.
M
G
K
J
Let
me
just
say
something:
nobody
takes
too
much
offense
and
I'm
getting
the
impression
that
you
guys
think.
Okay,
it's
okay,
to
say
what
the
you
on
the
golf
course
and
bandy
about
this
language
in
your
personal
life
and
then,
when
somebody
uses
it
on
a
sign
in
free
speech
it
takes
on.
You
know
it
takes
on
a
different
aura
and
a
whole
different
meaning.
J
What's
with
that,
that's
what
you're
expressing
that's
what
you're
expressing
to
the
appellate
court
and
the
record
is
simply
you
know
you
use
this
word
in
one
context
and
you
want
to
apply
it
in
a
different
context.
When
somebody
uses
it
for
free
speech
purposes,
some
people
express
themselves
that
way.
That's
their
expression.
They
say
you
biden,
that's
their
method
of
expression
doesn't
mean
anybody
wants
to
have
sex
with
biden.
I
hope
not.
You
know
it's
the
way
they
express
themselves
now.
J
We've
got
the
miller
language
here
written
into
this
indecency
standard,
and
that's
an
obscenity
thing
now.
I
you
know,
that's
simply
the
way
this
is
coming
across
on
the
record.
Now:
hey,
I'm
all
for
cleaning.
The
f
word
out
of
our
language.
If
we
could-
and
but
that
starts
on
the
golf
course
tell
your
buddy
not
to
use
it,
if
you
think
it's
obscene,
I
don't
like
that.
Word
people
don't
like
to
say
it
around
me.
They
know
I'm
a
good
christian.
They
look.
Oh
I'm
sorry!
J
Now,
if
you
can
say
the
same
thing,
can
you
that
that's
what
they
said?
You
know
people
don't
like
use
their
word.
They
look
at
me.
They
know
I'm
a
good
church-going
christian,
but
if
the
taste
the
place
to
clean
it
up
is
right
there
at
the
golf
course
don't
say
it
means
one
thing
on
a
sign.
Another
thing
on
the
golf
course.
H
C
N
N
K
N
So
you
need
to
know
that
this
is
one
of
those
occasions.
Other
people
were
there
and
I'm
the
only
one
that
got
a
ticket
and,
like
I
said
I
protested
with
other
people
there
before
no
nobody
got
a
ticket.
I
protested
on
the
other
side
of
41
before
everybody
had
the
biting
flags.
Nobody
got
a
ticket
again
like
I
said.
If
andy
goes
out
with
the
with
the
camera,
trespass
with
the
sign
get
a
ticket
and
then
an
outrageous
fine,
that's
it.
E
L
E
N
N
A
Z
Affirmed,
yes,
I
stood
up
so
I
was
there
that
day
I
saw
the
officer
walk
up
to
him
to
to
mr
sheets
and
deliver
the
ticket
and
ignore
everyone
else
that
was
there.
Another
gentleman
was
there
flying
the
f
biden
flag.
Another
gentleman
was
there
with
a
trump
mask
and
I
won
on
it
and
he
was
flying
a
flag
and
I
had
four
signs.
Z
Z
A
Z
Singled
out
one
man
and
ignored
everyone
else,
they
didn't
warn
us,
they
didn't
fine,
us
they
didn't
ticket
us.
They
didn't
talk
to
us
just
mr
sheets
they're
targeting
him.
They
don't
like
him,
bringing
up
uncomfortable
things
at
the
farmer's
market
or
on
the
streets,
and
I
think
this
this
whole
ordinance
was
carefully
crafted
to
eliminate
his
free
speech
rights,
and
I
object
to
that.
Thank.
Z
G
J
I
want
to
remind
you
one
thing:
when
you
talk
about
this
word
being
offensive
and
community
standard,
this
ordinance
doesn't
protect,
you
at
all,
has
no
teeth
and
unless
you're
less
than
16
years,
old,
16
or
less
17
17
no
less
than
17..
I
think
I
think
that's
where
it's
written,
but
either
way.
That's
not
the
point.
J
The
point
is
look
at
the
demographics
of
point
of
order,
hey
it's
like
80
percent
or
over
the
hill.
Like
me,
okay,
even
if
it's
offensive
to
you
this,
this
ordinance
doesn't
protect
you,
it's
not
written
for
you,
okay,
or
at
least
it's
not
supposed
to
be
written
for
you
unless
those
words
in
it
are
just.
I
hope
this
hope
the
supreme
court
thinks
these
words
are
are
going
to
protect
us
from
this
unconstitutional
ordinance.
J
J
J
So
how
bad
really
could
it
be?
How
bad
could
it
be
really
be
if
nobody
needs
to
be
protected
unless
they're
children,
that
should
be
there
at
home?
Okay,
the
bible
said
you
trained
up
your
children
in
the
way
and
they
won't
depart
from
it.
That's
your
job,
it's
not
to
protect
them
from
a
sign
if
you've
done
your
job
at
home,.
J
J
The
job
to
protect
the
children
is
right
there
right
there
in
the
home.
Can
you
do
it?
Well,
you're,
not
doing
it
you're
not
doing
anybody
a
favor
by
extrapolating
a
sexual
meaning
extrapolating
a
meaning.
That's
not
there.
Like
biden,
you
won't
even
apply
the
you,
won't
even
apply
the
words
the
way
they
should
be
apply.
J
E
I
I
J
J
H
I
will
make
a
motion
to
find
that
the
citation
is
valid
and
the
respondent
did
irreparably
violate
chapter
9a,
section
9a
dash
13
c8
and
chapter
26,
section
11.5
z
of
the
punta
gorda
code,
in
order
that
a
fine
in
the
amount
of
500
be
imposed
plus
case
cost
incurred
in
the
amount
of
seven
dollars
and
41
cents
and
further
order.
That
said,
fine
and
case
costs
be
paid
within
10
days
of
the
entry
of
this
order.
A
Is
made
in
second
that
citation
is
valid
and
the
respondent
did
violate
city
ordinances
and
that
is
ordered
to
pay
a
fine
of
five
hundred
dollars
blood
course
cost
any
discussion
on
the
motion.
All
those
in
favor
of
the
motion
please
signify
by
saying
aye,
all
those
opposed
hi
hey.
Will
you
get
it
right?
A
G
G
G
A
W
C
A
AA
AA
A
AA
K
AA
B
V
V
Representation
of
the
condition
of
the
site
at
the
time
the
pictures
were
taken
on
may
25th
2021.
I
inspected
the
property
and
found
outside
storage
on
the
right
side
of
the
house
structure
and
on
the
rear
yard
of
the
property,
including,
but
not
limited
to
a
portable
ramp,
tires
shelves,
fencing
material
plastic
containers
and
other
miscellaneous
items,
which
is
a
violation
of
the
funding
order,
code,
chapter
9,
section
9-2-a,
chapter
26,
section
8.14,
b
and
tall
grass
and
or
weeds
throughout
the
property,
which
is
a
violation
of
the
funding
order
code.
V
And
tall
grass
in
our
weeds
throughout
the
property,
which
is
a
violation
of
the
punic
order
code,
chapter
9,
section
9-2-h
and
the
landscaped
area
on
the
front
yard
of
the
property
is
overgrown
not
being
maintained
and
the
landscape
bed
is
not
clearly
defined,
which
is
a
violation
of
the
punta
gorda
code.
Chapter
26,
section
12.4
d,
9
a
b
c,
and
there
is
unpermitted
fencing
material
on
the
rear
yard
of
the
property,
which
is
the
violation
of
the
funding
order.
V
Code,
chapter
26,
section,
8.5,
b,
2
c
in
regards
to
the
overgrown
landscaping
in
the
front
yard.
The
requirements
for
this
type
of
landscaping
per
chapter,
26,
section
12,
that
12.4
d
9
a
b
c-
requires
that
one.
The
landscaping
must
be
actively
managed
so
that
no
area
or
plants
appear
overgrown
or
unsightly.
V
Two
appropriate
pruning
practices
are
being
used
to
ensure
the
health
of
the
plants
and
three.
The
landscape
beds
must
be
clearly
defined.
On
may
26
2021,
a
notice
of
violation
of
order.
Corrective
action
was
sent
to
respondents
via
certified
mail,
which
was
received
on
june
4th
2021
on
may
26
2021.
I
posted
the
notice
of
violation,
order,
corrective
action
on
the
property
and
at
city
hall
order
and
corrective
action
be
taken
in
the
portable
ramp.
V
I
reinspected
the
property
and
found
the
violations
had
not
been
corrected
and
that
the
outside
storage
remained
on
the
right
side
of
the
house
structure
and
on
the
rear
of
the
property,
including,
but
not
limited,
tube.
A
portable
ramp
tires
shelves,
fixing
material
plastic
containers
and
other
miscellaneous
items,
and
the
tall
grass
and
our
weeds
remain
throughout
the
property
and
the
landscaped
area
on
the
front
yard
of
the
property
remained
to
be
overgrown,
not
being
maintained,
and
the
landscape
bed
not
clearly
defined,
and
the
unpermitted
fencing
material
remained
on
the
rear
yard
of
the
property.
V
Property
remained
to
be
overgrown,
not
being
maintained,
and
the
landscape
bed
not
clearly
defined
and
the
unpermitted
fencing
material
remained
on
the
rear
yard
of
the
property.
The
outside
storage
has
been
removed
from
the
rear
and
side
yards,
I'm
submitting
invoice
for
case
cost
incurred
in
the
amount
of
22
dollars
and
71
cents.
G
G
AA
AA
We
mow
the
lawn
regularly
for
this
stuff.
Here,
common
sense
would
say
we
had
a
permit
to
build
a
an
addition
to
our
house.
It
took
three
months
instead
of
a
week
like
it
was
supposed
to.
We
got
a
new
shed,
so
all
that
stuff
was
removed
from
the
old
shed
onto
the
yard
to
go
into
the
new
shed
and
to
the
add-on,
so
it
could
be
separated,
I'm
an
artist,
so
that
was
my
studio.
AA
So
a
lot
of
that
was
camping,
stuff
every
every
bit
of
it
was
been
put
away
because,
but
we
were
just
waiting
on
the
contractor.
To
finish
we
didn't
get.
Excuse
me.
We
didn't
get
the
inspection
until
just
a
couple
like
maybe
a
few
weeks
ago,
two
weeks
ago,
it
wait.
It
was
a
long
time
and
our
contractor
said
we
could
not
put
anything
in
that
storage
until
he
was
done.
AA
So
we
listened
to
him
so,
unfortunately,
my
stuff
took
sat
out
there
for
over
a
month,
without
I
didn't
want
it
to
sit
out
there,
we're
not
hoarders.
I
watched
the
show
by
the
way
and
when
I
think
of
this
you
make
me
feel
like
a
hoarder
every
time
you
send
one
of
these
things
and
you
make
me
feel
bad
because
we
take
care
of
our
house.
We
take
care
of
the
landscaping.
That's
true.
AA
E
A
AA
AA
AA
That
is
all
native
flowers.
I
just
I've
been
pulling
the
grass
out
of
it
and
spring
because
my
mother
decided
not
to
pull
the
grass
first.
I
told
her,
you
haven't
lived
in
florida,
you
don't
know
what
kind
of
grass
we
have
and
it
you
know,
went
in
there.
So
I've
been
maintaining
that
the
best
I
can.
AA
AA
Have
a
picture
not
from
today,
but
that's
the
only
thing
I
mean
if
they
that's.
I
guess
it's
a
matter
of
opinion
on
your
wildflowers.
I
don't
want
to
have
to
water
that
I
don't
want
to
have
to
I
mean
when
those
flowers
come
in,
I
don't
have
the
kind
of
landscaping
I
like
key
west.
That's
my
thing.
So
I,
like
all
the
you
know,
native
stuff,
I
like
tropical.
I
don't
want
mulch
everywhere
and
a
border
I
mean
you
can
see,
there's
a
border,
that's
definitely
it
right
border.
AA
AA
AA
Yeah,
but
she
can
wait,
she
can
lift
a
lot,
but
we
can't
lift
the
ramp
together,
like
that
she's
my
she's
my
right
hand
and
she
does
all
the
heavy
stuff
for
me.
When
she's
not
working,
we've
tried
to
hire
three
handymen,
one
just
ripped
us
off,
they
don't
show
up.
Like
I
said
our
carpenter
took
three
months
instead
of
one
week.
He
told
us
he'd
be
done
in
a
week
and
that
was
in
march
and
we
ordered
our
new
our
new
storage.
AA
At
that
time
too,
it
was
all
supposed
to
come
together
in
with
a
week
and
it's
gone
on
and
on
and
on
he's
still
not
done
with
that.
He
still
has
to
put
another
panel
up
in
the
in
the
carport,
but
everything
else
has
been
done
and
the
fence
I
didn't
put
that
fence
up.
My
neighbors
did
and
he
insists
it's
his
fence
and
it's
on
his
line.
So
I
didn't
put
that
fence
up
and
my
mom
and
dad
were
here.
AA
I
think
last
year,
the
year
before
for
the
same
issue
for
the
fence,
because
of
falconer
and
the
fence,
and
and
that
I
read
when
we
read
the
bylaws,
it
was
approved
by
you
guys
and
I
didn't,
but
I
didn't
put
that
fence
up.
We
put
the
black
one
up,
that's
what
you
guys
approved.
My
neighbors
came
and
put
it
up
behind
it.
The
chicken
wire.
AA
AA
A
W
Z
D
B
V
M
H
AA
AA
W
G
AA
E
C
E
W
E
A
AA
My
parents
said
my
parents
said
they
would
pay
when
they
come.
If
you
can
wait
till
they
come
in
october
to
finish
the
privacy
fence,
so
we
don't
have
an
issue
with
them
anymore:
wood
paneling,
with
the
actual
you
know
the
privacy
fence
that
goes
up
to
that,
there's
just
a
little
a
spot
there
where
the
trees
grow
and
it's
hard
to
put
the
wood.
That's
why
they
didn't.
I
bought
the
house
like
that
or
we
bought
the
house
like
that.
I.
X
E
Why
I
mean
the
wire
fence?
No,
I
did
it
no
get
that
I
understand.
I
just
want
to
make
sure
that
if
this
board
orders
you
to
remove
the
wire
fence,
because
it's
on
your
property,
even
though
the
guy
who
claims
he
owns
it-
objects
to
you
removing
his
fence,
it's
on
your
property
you're.
Maybe
given
an
order
to
do
it
and
you
have
no
choice
but
to
comply
with
that
order
and
you're
going
to
be
fined.
If
you
don't
comply
with
the
order.
E
AA
C
AA
No,
there
you
are,
he
put
it
to
grow
his
which
ended
up
strangling
my
bougainvilleas.
I
had
to
remove
that
from
my
bocamelias.
He
planted
some
kind
of
ivy
and
it
went
all
on
my
bougainvilleas,
not
on
his
fence,
but
he's
growing
all
kinds
of
stuff
back
there
he's
got
all
kinds
of
things
with
fruits
and
stuff.
Can
you
go.
G
V
C
A
G
AA
C
AA
Z
A
AA
E
C
Z
AA
AA
AA
AA
E
Was
overgrown
and
that
the
respondent
is
making
efforts
to
remedy
that.
So
we
would
be
asking
for
a
finding
of
violation
with
an
appropriate
amount
of
time
to
install
some
sort
of
structural
bed
to
contain
the
vegetation
within
the
bed
and
to
continue
removing
the
overgrown
nature
of
the
vegetation.
E
A
AA
A
E
AA
AA
C
AA
Well,
like
I
said
if,
when
I
was
reading
the
rules,
it
said
the
next
should
have
come
and
talked
to
me
personally,
that's
what
it
says
right
in
there.
Instead
of
going
right
to
the
sending
you
certified
mail
and
all
that
and
putting
something
in
your
yard,
we,
like
I
mean
we
don't
want
to
be
hoarders.
We
don't
want
to
look
like
we're
jugg.