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The First Amendment to the United States Constitution



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In a bizarre series of emails sent to PutnamLIVE.com Publisher Mark Hallburn, Hurricane Councilwoman Patty Hager is threatening to turn Hallburn into America Online, the Federal Communications Commission, even the phone company because he has exercised his First Amendment right to "Petition the Government for a redress of grievances."
"You have gone too far," is the subject line of Hager's latest threatening email. "You can cite your first amendments rights...whatever you want. I do not care Mr. Hallburn."
"Hager is stating the obvious," says Hallburn. "She doesn't care about my First Amendment rights. Hager is stomping on the United State's Constitution with that comment! She has continually refused to properly enforce Hurricane's noise ordinance, and in doing so, allowed my family to be constantly abused by illegal noise from the Wal-Mart and Hurricane Marketplace construction sites. Hager's arrogance is appalling."
Hallburn explains that each day his home is bombarded by excessive noise, usually starting very early in the morning he does the courtesy of sending an email to several council people, Mayor Scott Edwards, City Manager Ben Newhouse, and Hurricane Chief of Police Sonny "Joe" Sisk advising them of the violation and expecting corrective action.
"I could always knock on Hager's door at 6:15 a.m.," says Hallburn. "Instead, I send an email that she can open at her convenience, or choose not to open. That's more than they do for my family. No one shows us any courtesy! We are harassed by excessive noise, often 10-12 hours a day, seven days a week."
Hallburn says he once waited until 9:00 a.m. to call Hager about very early morning noise only to have her demand that he wait until after 10:00 a.m.
"This is a classic example of Hager's audacity," says Hallburn. "We are awakened at 6:15 a.m. then she demands that I wait until after 10:00 a.m. to complain!"
Hager didn't stop there. "I have contacted AOL regarding your continued emails you are sending me," says Hager. " Now I see you taped our conversation and put things you asked me about Mr. Newhouse on your site. For that I am reporting you to the FCC."
"I never taped a conversation with Hager," says Hallburn. "Whatever gives her that idea? This is another one of her blind accusations. Here's the bottom line: If Hager would simply do her job and enforce the Hurricane noise ordinance, I wouldn't have a complaint. Now I have to repeat my call for Hager to resign. She is derelict in her duties as a councilwoman."
Hallburn says Hager is the one that went too far. "She actually wrote, 'Put that in your pipe now and smoke it.' I don't own a pipe, I don't smoke. Never have, never will. Does Patty Hager smoke? Does she use a pipe?"
As long as Hager sends Hallburn threatening emails, Hallburn plans to publish her comments as well as forward them to his attorney, Mike Clifford. "People have the right to know what their civic leaders are saying," Hallburn says. "Since she says she doesn't care about my First Amendment rights, I'll instruct my attorney to personally add her to our lawsuit against the City of Hurricane and Ben Newhouse."
Newhouse was personally named in that suit after he sent a threatening letter to Hallburn earlier this year. A conference hearing on the suit is scheduled for November 26th in Putnam Circuit Court.
"They're trying to shut up their critic because they are allowing the law to be broken in order to get their Wal-Mart," says Hallburn. "Build the stores. Just let my family have peace and quiet in our home and in our yard! This is a matter of property rights. We deserve to have our rights protected by our city."
Hager accuses Hallburn of publishing "half-truths. "You think you can print half truths and lies and that people do not know the difference," Hager writes. "Your reporting tactics leave much to be desired and you have crossed the line Mark."
"They can't handle the truth," Hallburn says. "That's their problem. They won't enforce the noise ordinance, they are allowing my family to be abused, and they are angry that I am telling the truth!"
Hallburn says he has the support of his readers as well as many people in Putnam County who believe that citizens deserve peace and quiet in their homes and on their property.
"I feel sorry for your situation," says Nathan Cobb, of Buffalo. "I know if I had the phone numbers of all those yahoos I would call them every hour on the hour from the time the loud noise started till the time it stopped."
"If I made a fraction of the noise in across the street of any city council member that we hear every day," Hallburn says, "They would call the police in a heartbeat. However, they won't protect our rights to peace and quiet!"
"So is HPD looking for this guy?" asks Cobb. "I mean the one that is holding a gun to officials heads and making them open their email? Hallburn for commission!"
"I won't tolerate her cheap intimidation tactics. Shame on Patty Hager," Hallburn says. "Being a member of a city council is more than appearing at meetings and saying the right things. It is taking care of your people when they are being abused by out-of-state construction companies building an out-of-state department store. If Patty doesn't want to do her job, she should resign immediately!"
