resumption of public protests in menlo park and santa clara

Dear city authorities of Menlo Park and Santa Clara,

Please be advised that starting on 27 September 2010, my associates and I will resume open-ended peaceful public protests last held in 2009 in front of NEA, 2855 Sand Hill Road, Menlo Park, CA 94025 and Cisco/WebEx, 3979 Freedom Circle, Santa Clara, CA‎ 95054. The purpose of our demonstrations will be to protest Subrah Iyar’s employment by Cisco/WebEx, Scott Sandell’s employment by NEA, and the association of these individuals and their employers with Min Zhu, as explained at http://www.subrah.com.

My associates and I are pledged to abide by all applicable laws. We exercise our right to free expression on private property readily accessible to general public pursuant to the rulings in Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980) and progeny. We assert that the strip of private property directly in front of the main entrances to 2855 Sand Hill Road, Menlo Park, CA 94025 and the plaza in front of 3979 Freedom Circle, Santa Clara, CA‎ 95054, both fall within the purview of Pruneyard in virtue of housing several unrelated businesses and being readily accessible to the general public. Additionally, owing to police and hotel management misconduct at our first public protest in San Francisco, and death threats received in the past and recently renewed in the matter at issue, we shall exercise our right to bear arms pursuant to the Second Amendment of the U.S. Constitution and all applicable federal and state laws, by carrying exposed, unloaded firearms, legally owned by my associates and me in the state of California, accompanied by loaded magazines, bandoleers, and speedloaders, subject to the definitions of People v. Clark (1996), 45 Cal.App.4th 1147, 53 Cal.Rptr. 2d 99. None of the firearms in question will qualify as assault weapons under California law, as listed or described in Penal Code Sections 12276, 12276.1, and 12276.5. My associates and I agree to Section 12031(e) inspections of our firearms on demand by police officers. Please note recent incorporation of the Second Amendment protection of the right to keep and bear arms as “fundamental” to the American scheme of ordered liberty, in McDonald v. Chicago, 561 U.S. ___ (2010).

We will not interfere in any unlawful way with the operation of NEA, Cisco/WebEx, or any of their employees, clients, associates, or visitors, including, but not limited to, Subrah Iyar and Scott Sandell. At the same time, we shall vigorously enforce our right to speak out against the knowing collusion of big business in your jurisdictions with a violent child rapist, and seek redress for all wrongs consequently visited upon us, by resisting in all lawful ways and publicly denouncing in all appropriate venues, any private or official attempt to interfere with our rights. Please take note of case law, beginning with Florida v. J.L., 529 U.S. 266 (2000), to the effect that detaining a man observed as openly carrying an unloaded firearm in public violates the Fourth Amendment. Please note further ACLU of Nevada v. City of Las Vegas (ACLU II), 466 F.3d 784, 790 (9th Cir. 2006) and progeny holding various local ordinances prohibiting street expression, solicitation, and entertainment, in violation of the First Amendment. Lastly, please be aware that litigation over infringement of fundamental Constitutional rights is subject to a mandatory award of attorneys’ fees and court costs to the prevailing party intent on exercising them, typically in the amount of a multiple of the actual fees and costs. Our costs in mounting these events are considerable, and we shall seek court orders for their manifold reimbursement by any perpetrators of unlawful interference.

We are pleased to point out that our prior events in San Diego, Milpitas, Menlo Park, and Santa Clara were unmarked by any disturbances. We hope that the same will be the case on this occasion of scaling up our activities within the bounds of legitimacy sanctioned by the authorities of the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court. Owing to substantial gains in our quest for remedies against Min Zhu and his confederates, our protests shall henceforth include topical artistic performances by bagpipers, clowns, rappers, and a brass band. It is our position that these performances are protected under the First Amendment, and therefore are not subject to local permit requirements. However, as an accommodation provided in the spirit of courtesy, we shall abstain from erecting free-standing signs and using amplification equipment, and will consider requests for additional constraints on our performances on a case-by-case basis. Lastly, we continue to claim the right protected by the First Amendment, to hold press conferences at the site of our protests and to film all passerby there being questioned as to their opinion of big business knowingly getting in bed with a violent incestuous paedophile. We hope to forestall futile litigation bound to be costly and disappointing to your taxpayers by giving you this advance notice of our plan.

Concerned parties may address their communications to my lawyer David W. Affeld <dwa@agzlaw.com>, Affeld Grivakes Zucker LLP, 12400 Wilshire Boulevard, Suite 1180, Los Angeles CA 90025, phone: (310) 979-8700, fax: (310) 979-8701. I may be reached at the number listed below.


Michael Zeleny@post.harvard.eduhttp://larvatus.livejournal.com/— 7576 Willow Glen Road, Los Angeles, CA 90046 — 323.363.1860
All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better. — Samuel Beckett

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