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Appalled at Ennis Police Department

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I am just as appalled as Bill Horning that the Ennis Police Department would be so intrusive as to question the content of a leaflet being handed out in public to people who were willing to take it.

I am even more appalledthe Ennis Police Department would threaten to prosecute the distributor of the literature for littering.

This clearly smacks of intimidation and chilling of free speech.

I have been to public concerts and other events.

I have been appalled at the way concertgoers drop cups, programs and fliers all over the place.

Those cups, programs and flyers nearly always contain advertising.

I am just as appalled to find trash strewn on the roadside containing the name of commercial advertisers.

There is no question where the trash originated. Nearly always, it originated with a fast food joint or a convenience store.

The name of a packager is always on the bottle or package.

I’ve never heard of anyone prosecuting the originator of the message or the distributor of the packaged product.

The originator of the message doesn’t have control over the way the package is disposed.

It is not his intent, when he puts his message on a cup or a bottle, that it will end up on the ground.

The responsibility lies with the litterer, not the originator of the message.

I certainly hope the Ennis Municipal Prosecutor knows the law well enough to instruct the Ennis Police Department on the law.

People, do not be intimidated.

If you have a message and you want to spread that message through leaflets, do it. Just don’t stick it under car windows.

If you hand a message to a person and that person accepts it, you are not the litterer if that material ends up on the ground, because you did not do the act of putting it on the ground, you didn’t intend to put it on the ground and you did not reasonably foresee or expect it would end up on the ground.

Your intent was the leaflet be read and retained.

Sincerely,

Thomas L. Allen

Attorney-at-Law

Lancaster


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Nelson Propane

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