Topic: Police State and Civil Liberty Violations
Spill a Soda, Go to Jail for a Year The latest strange-but-true antics of oppression from our dear Police State. Check out the story of the infamous soda-spiller at a Veteran's Affairs Hospital in Idaho.by Jake Towne, the Champion of the Constitution
(libertarian)
Saturday, September 27, 2008
As the Idaho Statesman and Liberty Maven report, the top US attorney in Idaho is bringing charges against a North Idaho woman for refusing to pay for a Diet Coke and then pouring it out on a counter at a cafeteria at the Veterans Affairs Medical Center in Boise. US Attorney Tom Moss's office has refused to comment until after the October arraignment. Here is what they are charging Natalie Walters with:
Count 1, misdemeanor larceny: " consuming a soft drink beverage belonging to the Department of Veterans Affairs without paying for it."
Maximum sentence: 6 months in prison and a $500 fine
Count 2, disturbance: " ... intentionally pouring soft drink beverage from a large mug over the cash register and onto the floor during a disagreement with the cashier over payment."
Maximum sentence: 6 months in prison and a $250 fine.
Fortunately, Ms. Walters appears to have not been too terribly scared and shared her story.
Ms. Walters regularly drives her father, a disabled Vietnam veteran, to Boise's Veteran Affairs Medical Center to see his doctor. She had a habit of bringing her own mug and filling it with soda in the hospital's cafeteria while she was waiting for her father to be treated. She claims the cafeteria did not have a posted price for refills, and that the cashier typically charged $1.00 or $1.50 for refills. [I used to work in a hospital, and can affirm that the food and refills prices there were also unposted, no idea how common this is.]
However, this routine merrily continued along until the fateful day of August 20, 2008. On this day, Ms. Walters filled her mug with Diet Coke, but the clerk charged her $3.80. Ms. Walters said this was incorrect and asked to speak with the manager, who then told Ms. Walters the $3.80 price was correct.
Apparently still capable of reason, Walters claims she was unwilling to pay the price and offered to return the soda, which was unfortunately inside the possibly unsanitary confines of her personal mug.
The manager responded that there was no way to accept the returned soda and Ms. Walters had to pay the $3.80. At this point, Ms. Walters said she became angry and poured the soda on the counter, although I have to stifle a chuckle here as the charge states she poured the Diet Coke in question "over the cash register and onto the floor."
Walters was informed by the manager that she was banned from the cafeteria, so she left. She waited for her father to finish his appointment a couple hours later, and left.
This is where the sleuths from our Police State took over. Using the videocameras in the cafeteria [yes, they have it on tape, our soda-spilling Ms. Walters is sooo screwed!] they located her on tape with her father in other parts of the hospital. At her father's next visit, a Veteran's Affairs official informed the Vietnam veteran that the government indeed knew all about the incident and that it was his daughter who had committed a crime, and asked him to have his daughter contact them. Ms. Walters stated, "They accessed my father's medical records to find out his next appointment to try and find me. I think that is a (federal health privacy law) violation. Medical records are private. They should not have used a veteran's medical records to find me. ... My dad was upset. He could not believe it."
After being told by her father about the government's request, Ms. Walters decided to not contact them, and only learned about the federal charges when a reporter from the Idaho Statesman contacted her about her arraignment. Here was Ms. Walters reply, which is not going to do her much good at the arraignment:
"My father is a veteran. It is a federal facility for veterans. This should have been handled differently. This is extreme. This is totally extreme. Well, if they have that much time on their hands go for it."
Ms. Walters plans to fight the charges, and although my legal education is insufficient to comment on patient privilege laws, if Judge Jake (no relation to Judy) were to decide, Ms. Walters would be requested 1) to provide bottled or canned Diet Coke in volume sufficient to replace the amount she spilled, 2) if the cash registered were damaged by her soda, to replace it at cost, and 3) provide service to the cafeteria of eight (8) hours of cleaning labor or supply payment to the cafeteria to cover this labor cost. Case closed, Ms. Walters learns her lesson to ask for a price before continuing with the environmentally-friendly practice of adding to her personal beverage container, the hospital is able to resume operations, and the lawyers can stay at home. However, this is the United States of America, so my advice to Ms. Walters is to not trust her freedom to the discretion of a judge (somehow I do not think a federal judge would be as benevolent as I) but to insist upon her right to a speedy trial before a trial of her peers. Somehow I think her peers would be apt to side more with a slap-on-the-wrist type punishment instead of sending her off to jail for a year.
I remind all readers of this column that if the United States enforces the Constitution, we would all enjoy this freedom. [As an aside, I do realize the Constitution does need to be edited to read "him or her."]
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
You may think what I just reported on is a little silly, and I agree. Why did they not ask Ms. Walters for her name when she spilled the soda? Why did they decide to be all secretive like James Bond and track her by surveillance camera? Decide for yourself.
It is also my stance that our nation's wounded veterans should be treated with respect and the best, free medical care our nation can provide. Although many have and continue to been wounded while fighting for this State, ideologically they are fighting for We the People, and we owe them as much. Here is a link to that article, which centers on the upcoming 2009-10 military draft (you DO realize that is coming after McBama's election right?) explains my views in more detail.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
As always, unlike the NFL, the author grants full permission to allow any accounts of, rebroadcasts, retransmissions, repostings in part or full of this article to your blog or anywhere else in order to promote the Restoration of our Republic.
Veritas numquam perit. Veritas odit moras. Veritas vincit. Truth never perishes. Truth hates delay. Truth conquers.
The "Pssssst.... We Live in a Police State!" Collection
Police State Invades Mayor's Home & Kills His Dogs (UPDATED) Published: August 1, 2008 "It was inconceivable to me that my government would be coming through my door." - the Mayor of Berwyn Heights, Maryland, or a recent police raid on his residence
We the People versus the Might of the US Government Published: March 2, 2008 What do the experiences of SAS trooper Ben Griffin, Hope Steffey, and Jose Padilla all have in common? They show the Might of Government is overwhelming Right. We the People want Justice!
Tortured Twins: John McCain and the Trial of Khaled Sheikh Mohammed Published: September 2, 2008 To very little public fanfare from my beloved American media, a Mockery of a Trial of Khaled Sheikh Mohammed, alleged al-Qaeda mastermind, is getting underway in Guantanamo Bay, Cuba. Is John McCain losing any sleep over it? Doubt it.
Death, Taxes, War, and Heroes Published: February 22, 2008 The Fight for Freedom in America - The Death of Joe Louis's Sister, the IRS, the Iraq War, Ron Paul, Mike Gravel, and the Brown Bomber
Other Recommended Freedom Articles from the Author
WaMu Gets the FDIC WHAM-O! Published: September 26, 2008 The Seattle-based Washington Mutual Bank is shut down by the FDIC. The Raiders from the last Great Depression, JP Morgan, Strike Again. Have you protected yourself?
US Treasury Seizes Fannie Mae and Freddie Mac! And What It Means Published: September 8, 2008 "You poor kid, there have been centuries of philosophers plotting to turn the world into just that - to destroy people's minds by making them believe that that's what they are seeing. But you don't have to accept it. You don't have to see through the eyes of others, hold on to yours, stand on your own judgment, you know what that is, IS - say it aloud, like the holiest of prayers, and don't let anyone tell you otherwise." - Ayn Rand
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The views expressed in this
article are those of Jake Towne, the Champion of the Constitution only and do not represent
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Another outstanding article as usual! I am way behind in reading your articles, lately I only have time to "skim" them.... but they always live up to my high expectations! :)
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