Chugach Electric Candidate Arrested at Sullivan Arena!

WHO WOULD EVER THINK THIS OUTRAGE COULD HAPPEN IN AMERICA,
LET ALONE RIGHT HERE IN ANCHORAGE?

4/6/03 - Undoubtedly to impress his government union buddies, POLICE SUPERVISOR PAUL HONEMAN (A FORMER IBEW UNION-BACKED CHUGACH ELECTRIC ASSOCIATION BOARD CANDIDATE) ORDERS ARREST OF PRO-CONSUMER CHAMPION UWE KALENKA FOR PEACEABLY CAMPAIGNING IN THE PUBLIC PLAZA AT THE SULLIVAN ARENA!!

JUDGE BRIAN CLARK EXONERATED UWE AND FOUND CITY GUILTY OF VIOLATING THE FIRST AMENDMENT & FREEDOM OF SPEECH

Paul Honeman's astonishing and reckless act cost Anchorage taxpayers in excess of $200,000.

Photo 1 -- Looking SE toward NW Corner of Sullivan Arena. Man is at location where Uwe Kalenka was passing out flyers at time of arrest. Woman is at location where assistant was passing out flyers.

On Sunday, April 6, 2003 candidate Uwe Kalenka was arrested while peaceably handing out flyers from Chugach Consumers in support of his candidacy for the Chugach Electric board. Kalenka was standing in the public plaza at the Sullivan Arena near the 1% for art sculpture at the northwest corner of the arena. The bright yellow flyers listed high union salaries at Chugach Electric and advocated lower rates for consumers.

Police confiscated the flyers. Kalenka was handcuffed and stuffed into the back of police cars for an hour and a half before Anchorage Police Department Lt. Paul Honeman arrived.

After reviewing the Chugach Consumers flyers Honeman made the decision to give Kalenka "the full treatment" and charge Kalenka with trespass.

Lt. Honeman was an unsuccessful candidate in 2000 for the same Chugach Electric board seat Kalenka sought. Honeman was endorsed by several unions "to demonstrate solidarity with the members of the IBEW [Union] who work for Chugach Electric Association." The confiscated flyers also supported Chris Birch’s candidacy to the Chugach board in the current election. Birch defeated Honeman in the election three years earlier. more

4/21/06 - Kalenka & Kreig on KBYR Glen Biegel (24:46 min) Includes discussion of Sullivan Arena arrest and city paying $50,000 in damages, role of Paul Honeman.

4/19/06 - City pays Uwe Kalenka damages (4:08 min video). Channel 2 news at 5, 6 and 10 pm [three segments back to back]. Notice the different spins. Role of Paul Honeman.

6/23/05 - City throws in the towel - The city of Anchorage has dropped its appeal in the two-year-old trespassing case against activist Uwe Kalenka who was arrested and jailed after passing out leaflets in front of the Sullivan Sports Arena in April, 2003. Prosecutors had claimed that the building was leased to the Great Alaska Sportsman Show on the day Kalenka was arrested, and that lease made the building and sidewalks attached to it private property. The case never went to trial - it was thrown out by District Court Judge Brian Clark in November, 2004. Clark cited Kalenka's First Amendment rights and the lack of a city policy regarding free speech at the arena. Anchorage Press - Scott Christiansen

The Municipality of Anchorage has dropped its trespassing case against Chugach Electric Association board member Uwe Kalenka he was jailed for distributing election fliers outside the city-owned Sullivan Arena during a sports show in 2003.

Kalenka, who was campaigning for election to the Chugach board at the time, had said that he was exercising his First Amendment rights on public property.

The city had argued that it leased the arena to a private promoter, turning it into a private building, so rules about public expression wouldn't apply.

But in 2004, District Judge Brian Clark disagreed with the city, concluding that by arresting Kalenka, arena security and Anchorage police violated their free speech rights. The municipality owns the arena, so private property rights don't apply, Clark had said.

City Attorney Fred Boness said the city decided to drop that appeal because a couple of months ago, Kalenka filed a separate civil case against the city, for what Boness said is probably a wrongful arrest claim. Now the city is a defendant in a civil case "saying we violated their rights," Boness said.

12/3/04 - Anchorage Daily News - Dismissal of charges against activists will be appealed, city says. The municipal prosecutor will appeal a District Court judge's dismissal of trespassing charges against two local activists for an incident involving the distribution of political leaflets outside the Sullivan Arena in April 2003. District Court Judge Brian Clark dismissed the charges against Uwe Kalenka, who was a candidate for the Chugach Electric Association board. Clark said police violated their free speech rights by interfering with peaceful leafleting on city property when the activity did not conflict with the designated use of the property. There is no allegation that Kalenka behaved badly except to refuse to move away from the arena's front entrance. Clark rejected a claim by city lawyers that renting the arena to a private organization turns it into private property and allows whoever is using the space to make the rules for free speech activities. Municipal Prosecutor John McConnaughty filed notice Monday that he will appeal Clark's ruling to the Superior Court in an effort to get the charges reinstated.

11/6/04 - Activists' free speech rights violated, judge rules - SULLIVAN ARENA: Court dismisses charges against leaflet-doling pair - SHEILA TOOMEY - Anchorage Daily News - Charges against two local activists who were arrested for handing out flyers in front of Sullivan Arena have been dismissed. District Judge Brian Clark concluded that arena security and Anchorage police violated the free speech rights of Uwe Kalenka by arresting them last April...The leaflets endorsed Kalenka's candidacy for the Chugach Electric Association board of directors.

10/29/04 - DISTRICT COURT JUDGE BRIAN CLARK SENDS MUNICIPALITY PACKING; THROWS OUT THE CASE!

DISTRICT COURT CASE 3AN-03-03582CR

On Sunday, April 6 candidate Uwe Kalenka was arrested while peaceably handing out flyers from Chugach Consumers in support of his candidacy for the Chugach Electric board. Kalenka was standing in the public plaza at the Sullivan Arena near the 1% for art sculpture at the northwest corner of the arena. The bright yellow flyers listed high union salaries at Chugach Electric and advocated lower rates for consumers.

Police confiscated the flyers. Kalenka was handcuffed and stuffed into the back of police cars for an hour and a half before Anchorage Police Department Lt. Paul Honeman arrived.

After reviewing the Chugach Consumers flyers Honeman made the decision to give Kalenka "the full treatment" and charge Kalenka with trespass.

Anchorage Daily News (4/8/2003): Kalenka jailed on trespassing
ELECTION: He and colleague campaigned outside Sullivan Arena

Escalation of charges to criminal trespass was a gross overreaction
Anchorage Daily News - 4/14/03

Last Sunday's arrest of Chugach Electric board candidate Uwe Kalenka at Sullivan Arena for peaceably passing out flyers on a public plaza is much more than the free speech issue described as hazy in Thursday's editorial.

Why were they handcuffed and stuffed into squad cars for an hour and a half? Why were the charges escalated to criminal trespass? Isn't this a gross overreaction to a nonviolent, nondestructive supposed trespass incident?

The flyers advocated lower rates for captive electric consumers and listed excessive union salaries and benefits at Chugach Electric. For example, relief maintenance operator ($254,628), maintenance tech ($180,054), power dispatcher trainee IV ($130,809), power plant warehouseman ($143,368), plant helper ($116,769). For a full list and more information see www.chugachconsumers.org

After reviewing the confiscated flyers, police supervisor Lt. Paul Honeman arrested Kalenka for criminal trespass.

Incredibly, Lt. Honeman was an unsuccessful, union-backed candidate in 2000 for the very same Chugach Electric board for which Kalenka is campaigning.

When I interviewed Honeman in 2000 for Chugach Consumers, he opposed public disclosure of union salaries and stated at the annual meeting that he was on the executive board of the Anchorage police union.

It would seem that someone other than Lt. Honeman should have been making the decisions in this case.

Right to petition on city property is protected by the Bill of Rights
Anchorage Daily News - 4/12/03

I'm outraged that folks can be arrested for First Amendment activity on city property. The Bill of Rights protects our right to petition and leaflet and it does so especially on government property. The claim that city property can become private property by renting it is ludicrous. When government property is leased, the lessee needs to understand that it becomes an easement, i.e. the right to activity protected by the Bill of Rights.

Just like when beach-front property is sold, if there was a path used by the public to access that beach and it crossed the property, then the right to continue using that path is an easement that remains with the land. Same when government property is rented. An easement travels with it allowing First Amendment activity.

I have petitioned and leafleted at the Sullivan Arena many times. I too have been threatened with arrest. Usually I am able to explain that this is protected activity. Occasionally though, I too have met folks in authority that did not respect the Bill of Rights.

While I am outraged that someone has to get arrested to preserve our rights, if we can get this issue settled once and for all then at least some good will have come of it. It is just a shame that the Bill of Rights isn't held in higher esteem.

Legislation would stymie initiative-making process
Anchorage Chronicle - 4/10/03

I strongly oppose legislation which restricts the initiative process. Rather than its stated-purpose to "encourage broad, statewide support," House Bill 31/ House Joint Resolution 5 does the opposite. This proposed legislation would create difficult and unnecessary requirements, which would make initiatives more expensive and difficult to get on the ballot.

Special interests with deep pockets will continue to use the initiative process, while common citizens will be disenfranchised. This proposed change is clearly in opposition to the spirit of the Alaska Constitution and further limits the rights of Alaska citizens.

Last weekend Uwe Kalenka was arrested for trespassing, while distributing leaflets at the Sullivan Arena. I think our Legislature should work to protect those who peacefully exercise their constitutional rights, rather than attempting to restrict ours. Someone needs to defend our rights, rather than permitting government to assume unrestrained authority over the citizens they serve.

I have been ordered off the road, petitioning for a local initiative during a construction roadblock. I have been ordered to leave U.S. Postal Service property for the same activities. You can justify these actions, if you really wish to hamstring people attempting to exercise their constitutional rights or you can support those who fight for the rights of all Alaska citizens.

Do not further dilute and ignore our constitutional rights. Contact your legislator. Oppose HB 31 and HJR 5.