Chalk Plans & Case Law/ Solid Petition for Family Rights/ Your FEEDBACK

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From: John Murtari (
Date: Fri Nov 20 2009 - 18:36:35 EST

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Good People & People of Faith,

[ NOTE: please send any message replies to this monitored addr:
<jmurtari@AKidsRight.Org> ]

This message has info on:

1. Plans for Monday, Nov. 23rd. - Lyons, NY.
2. Declaration of Family Rights - sign the petition.
3. Searching for case law - Chalk & Graffiti.
4. Chalk & Arrests - Your FEEDBACK

1. Plans for Monday, Nov. 23rd. - Lyons, NY.
Submitted by John Murtari <jmurtari@AKidsRight.Org>

Timing and distance are always obstacles to participating in an event.
Mark Hough <> contacted me and is trying to get
some Mothers and Fathers to come to Lyons, Monday morning at app. 10
AM.  We have two people right now, but it would be much more effective
if we had even a couple of more Mothers & Fathers.  If we get more
parent's involved we should be able to arrange good media attention
and also have an effective visit with a local State Legislator.

We will all keep a silent picket outside the County Courthouse as a
public message of support for the effort,

Afterward those who wish can watch as I chalk a simple message for
Family Rights on the building and risk arrest.  As I told Mark, every
person there helps give me an extra layer of 'teflon' as I go through
the legal process.  It lets everyone know this is a "Civil Rights

Contact Mark immediately if you think you can make it! He can fill you
in with more details.
For a Map:,ny,+14489

2. Declaration of Family Rights - sign the petition.
We may have found some words that give Family Law reform a firm
goal. A definition of rights which would have prevented the family
disasters many of us have experienced.

Your votes and comments are welcome. It just went up a few hours ago
and we are already seeing good activity!:

3. Searching for case law - Chalk & Graffiti.
Submitted by John Murtari <jmurtari@AKidsRight.Org>

The website has copies of the actual ticket/complaint I was issued on
Nov 12th (same thing on Nov 16th),

I being charged with the offense of "MAKING GRAFFITI" in violation of
Section 145.60(2) of the New York State Penal Law, which states:

 1.  For purposes of this section, the term "graffiti" shall mean the
 etching, painting, covering, drawing upon or otherwise placing of a
 mark upon public or private property with intent to damage such
 2. No person shall make graffiti of any type on any building, public
 or private, or any other property real or personal owned by any
 person, firm or corporation or any public agency or instrumentality,
 without the express permission of the owner or operator of said
 property.  Making graffiti is a class A misdemeanor.

>From an earlier Federal Trial someone in the group pointed out a
decision from the Federal 9th Circuit Court of Appeals which clearly
states (MacKinney v. Nielsen, 69 F.3d 1002),

   "No reasonable person could think that writing with chalk would
   damage a sidewalk."  --

I would welcome any other case law in this area that may help in my
defense.  Many Thanks!

4. Chalk & Arrests - Your FEEDBACK
Mostly positive FEEDBACK has come in and it is greatly appreciated!

--- "robert williams" <>

> good luck wish I could be there with you Why don't you come down to
> ulster county new york family court and do the same thing...

--- "Ronni Gaun" <>

> Your ideas have been tried and they are all "FAILURES".

--- Diana Person <>

> These courts need to learn that when you love your kids this much
> nothing will stop us.

> Cheers to you for your efforts. Thank you.

--- "Robert Whiston" <>

> I wish you all the best in your campaign.  Glad you are out earlier
> than you expected.  R Whiston (England)

--- Rev. Deborah L. Gibson <>

> If I lived there I would join you!!!!!! I wish you all the
> best!!!!!!!  

> I just wish I COULD support EACH & EVERY EFFORT every person is
> doing to stop these "workers" from destroying family bonds! If I
> ever get rich.....<G>

> You keep making them NOTICE..and hopefully THINK too! I may try a
> similar action at my state capitol when its warm again here<G>.


---  Jack Frost <>

> I just wanted to send you good vibes. I like what you are doing and
> read with great interest every update you send....

> I like the style you have of not pressuring people. You have a very
> kind and peaceful approach. Too many times fathers are
> understandably angry and end up doing things that are not productive
> for them or to the cause.

> Thanks for your courage and persistence.

--- Casse Forczek <>

> John has started something we all should join in.  Why doesn't every
> dad in the country write on the sidewalks, streets, etc. near the
> court houses.

> There can be a special time when everyone does it -- even make a
> website to report what happened.  While John gets arrested, and we
> all look on... as long as the big tax dollars keep comin' on in.
> John puts his head on the line, versus so many who fight with
> 'words'.

--- "R. A. Dickerson" <>

> Thank You for taking the stand that you have. I truly wish more of
> us would stand up for what is clearly wrong with the system. You
> have certainly taken your own unique actions to bring this to
> light. 

> I was ridiculed by a few back in 2007 at the DC Rally being one of
> those arrested for the Lincoln Statue Climbing. You can catch me on
> You Tube getting stomped on by 5 cops. I then did 1 1/2 years in the
> NH state prison for Child Support that the Family Courts only just
> within a few months ago modified. I have no regrets as I feel that I
> was one of many that had to get the ball rolling, much like you.

I really want to thank you for writing in!  I was in DC then and I
heard about the guy who got arrested and hauled back to New Hampshire
-- I did not sense any ridicule from people there, but I know what you
mean and some folks feel that way!  

It is amazing getting State Prison time over support -- especially
when basic Civil Rights are ignored in the entire process.  There is
no justice.

--- Richard <>

> I follow your posts and applaud your efforts.  

> I know you keep saying you don't want to be arrested, so I was wondering
> if you could alter your graffiti method.  Instead of writing
> directly on the building, what about a using a "poster" that
> you can attach to the wall instead of writing on it?  

> I'm thinking of a plastic coated material like a tarp (or something
> similar), with holes in the corners, and you could use small elastic
> tie-downs with hooks on the end that would grab the stones / bricks
> of the building.  I believe that will not meet the definition of
> graffiti, will prevent arrest, and still get the message out.

Yes, you had a good idea and I actually did do that.  I taped copies
of the Declaration of Family Rights on the outside,
http://www.AKidsRight.Org/parental_notification -- but, they would
just comeout periodically and take them down....

                                         John Murtari
Coordinator                                               AKidsRight.Org
jmurtari@AKidsRight.Org                 A Kid's Right to BOTH parents"
(315) 944-0999(x-211)                     http://www.AKidsRight.Org/

A Kid's Right to Both Parents!
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