Yet another arrest was made, and more are likely to come from the Timberlane School Board, Plaistow, and other local police departments opposing parents who advocate for their children and against COVID-related mask requirements.
Nolan Pelletier sat peacefully and maskless last Thursday night as he always does, exercising his constitutionally protected Right to have access to a government proceeding, a meeting open to the public.
A simple exercise of his civic responsibility led to a violation of his Rights. Sandown school board rep, Sheila Lowes, requested of the Chairperson Kim Farah (6:10 mark) to hold off continuing the meeting until people “are complying with what we are stating” referencing the enforcement of removal for crimes of “criminal trespass for violation of nonexistent rules of order on mask-wearing.
These actions are the latest in a series of events where undelegated powers have been applied against members of the public. That abuse of power must be remembered when Lowe’s term ends this March and Farah’s ends in 2023. All elected officials that abuse or unethically use their authority under our laws must be removed and never again considered for public office.
Simulating Unlawful Authority is a Crime
In addition, it is a crime under RSA 638:14 to “procure the compliance of another with a request made by such person.”, unlawfully inducing a belief that an order is legislatively or judicially sanctioned. That is what I believe has occurred with Pelletier’s case, as well as others – including Kate Bossi’s arrest on May 20th for not wearing a mask.
You will not find a mask requirement or policy within the board’s policies and procedures, because it is not there. Instead what you will find is a disjointed collection of SAU and School Board statements, FAQ documents, a reopening plan, stickers on doors, NHDHS matrix votes, headers on agendas, emails (prominently displayed at the 0:21 mark of the meeting), and just hours before the meeting, a public statement issued confirming that non-disabled, unmasked participants are subject to removal and prosecution for criminal trespass. Kim Farah followed through on Lowe’s request.
While policies and regulations are binding upon students and staff for attendance and activity purposes under RSA 189:15,
Editor’s Note for clarity: “The school board may, unless otherwise provided by statute or state board regulations, prescribe regulations for the attendance upon, and for the management, classification and discipline of, the schools; and such regulations, when recorded in the official records of the school board, shall be binding upon pupils and teachers.” Not on the general public.
attempting to use this collection of de facto nonsense and make them somehow binding to the general public using duress is an “Unlawful Simulation of a Legal Process” under RSA 638:14. Officials that violate these rights should be prosecuted and removed from their positions for abuse of their authority.
The mask requirement, especially with respect to the general public, would unlikely pass constitutional muster under Part I, especially Articles 2 & 8 which protect our equality of rights of non-discriminating access to government proceedings. If the school board was required to cite legislative authority and cite RSAs to explain the compelling legislative authority… that would be a high hurdle to clear.
Establishing a Police State
The creation of fear of arrest and criminal charges for six months is an ongoing misuse of authority in conjunction with the Plaistow and other local police departments. Farah and Lowes flexed and the PDs followed orders, “to induce a belief that it has a judicial or other official sanction;” this coercion was highly effective as everyone except for Pelletier either masked up, left the building, or feigned a disability and moved to the back.
What is the Big Deal? Just Move to the Back of the Bus Cordoned Off Area
Read this carefully:
“Members of the public with disabilities may elect not to wear a mask at School Board meetings if they remain seated in the cordoned-off area of the Performing Arts Center. Members of the public who refuse to wear masks and do not remain in the cordoned-off section of the meeting will be in violation of the rules of the meeting. If such members of the public continue to violate the rules of order, the Chair will order them to leave the premises. If they refuse to leave on their own volition, such refusal would constitute criminal trespass under RSA 635:2, and the Chair will then ask law enforcement for assistance effectuating their removal from the meeting.” From Public Statement Issued on 11/18/21
Pelletier remained calm and was keenly aware of his rights, the discrimination taking place (explaining to police 3:38 mark), and that these actions are not about masking and safety; it has always been about control. Accepting his fate he stood his ground to defend his Constitutionally protected Rights to equal access to an open meeting to the Public. Quite simply, unmasked persons without a disability have been unlawfully banned from attending and speaking at TRSD School Board meetings. Pretending to be disabled and genuflecting to the board is nothing more than an untruthful virtue signal to the board.
Repeat Offenders
The false charges and unlawful arrests for criminal trespass during an open meeting are a violation of the Rights of every parent and taxpayer. Unfortunately, this is not the first time that this has happened. In May, Kate Bossi was arrested for not wearing a mask to a TRSD meeting. She had her arraignment on Wednesday, November 17th – and now has to go to trial.
I attended Ms. Bossi’s hearing. I will attend Nolan’s. Unfortunately, I didn’t see any elected or appointed leaders standing up for her right to equal access to an open meeting; and I’ll be curious if Nolan is left to roast in the courts as well.
Complacency and Complicity
As a community, we are seeing behaviors from these elected officials and administrators that are remotely beyond the pale while we simultaneously entrust our children to their care. Not all school board members may be in support of these requirements, public statements, and actions taken by Chairperson Farah and Sheila Lowes, but neither has any board member spoken in opposition. Until they do, every school board member is complicit in these criminal acts.
I have tenuous faith that lawlessness actions by the Timberlane SB, Superintendent, and police will cease, but am truly saddened that even with advanced notice to our reps, senators, the education commissioner, the sheriff’s office – these actions went unchecked yet again last night, leaving no one to protect the body politic from the unaccountable government it created.
Thomas Jefferson foresaw situations like this when our country was founded. In his infinite wisdom, he warned,
“All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
Bravery matters; our law of the land matters; and Nolan Pelletier and Kate Bossi stood up for Rights that lawfully belong to the people. Others need to do the same if they want to prevent continued abuses by elected officials.
