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Street Minister Busted Again Friday, $50,000 Bail in Aptos

Jerry Henry, a street minister, was arrested on today around 10:30 AM at the Coffee Roasting Company in the Aptos Shopping Center after he was refused service there. Held on $50,000 bail, he was released six hours later when his supporters raised the money.
Jerry Henry is a street minister who has been repeatedly harassed in Aptos at two shopping centers (the Rancho Del Mar and the Aptos Center)for advising young people on their right to use public spaces and accomodations as sheriffs and Chamber of Commerce-supported businesses press on with "social cleansing" and gentrification against the "riff raff" there.

Henry went to court on Friday and secured a reduction in the absurdly expansive "stay-away" order pending court trial in January. He was arrested on a catch-all merchant-friendly charge 602.1--interfering with a business for "conspiracy to buy a cup of coffee" at the Aptos Coffee Roasting Company back in October.
He had been barred from an area including the freeway and the entire Rancho Del Mar Shopping Center.

A day later, Henry was assured by district attorney (also Scotts Valley Mayor) Paul Marigonda that a second coffee shop--the Roasting Company in the Aptos Center to the North of the Rancho Del Mar was not going to file charges against him, he was arrested outside that same shop on the same 602.1 charge (along with "disturbing the peace").

Jeff Hickey, a friend of Henry's who helped bail him out of jail--also banned from the Coffee Roasting Company at Rancho Del Mar---will be giving an interview tomorrow Sunday December 19 on Free Radio Santa Cruz at 101.1 FM, streaming at between noon and 1 PM.

Tune in and call in to Bathrobespierre's Broadsides at 831-427-3772. The show will also be archived at .

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Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

We really need to question the use of stay-away orders from large shopping areas such as the entire length of Pacific Ave. or the area Jerry Henry was banished from. Banishment is a medieval concept and totally inappropriate in civilized society which divides the public into those who can care for themselves and those who can't.

Oddly, in the Jerry Henry case, he is a man who can and does care for himself (he is financially solvent and has longterm stable housing) but he LOOKS like a homeless man.

The TRO which the Aptos Coffee Roasting Company got with the help of the Santa Cruz County Sheriffs Dept. amounts to banning a man that LOOKS like he doesn't belong in Aptos. Didn't we learn not to do that to blacks and homos years ago?

What has Jerry Henry ever done other than try to buy a cup of coffee from a business that loathes the sight of him?

"$50,000 Bail For Conspiracy to Buy a Cup of Coffee" Interview to Air Today

Jeff Hickey, and perhaps some other witnesses and knowledgable parties, will be on Free Radio Santa Cruz this evening (Thursday Dec.23) at 6:30 PM to discuss the Henry case.

Tune in at 101.1 FM or Call in: 427-3772.

Rancho Del Mar Aptos Roasting Company former manager Ruth Perez (who initiated all the earlier charges against Henry) has been invited by phone through the coffee shop to listen and call in.

Henry was re-arrested at the Pacific Roasting Company (as distinguished from the Aptos Roasting Company) on Saturday morning, reportedly on complaint of the owner.

Henry was reportedly tailed and surveilled by shieriff's deputy and Aptos Chamber of Commerce riffraff-rejectors in a plan to expand a "stay-away" bail condition from the Rancho Del Mar to the Aptos Center. Such plans were denied by D.A. Paul Marigonda in court Friday morning on Dec. 17th (the morning before Henry was arrested). In that Friday hearing, Marigonda accepted a massive reduction in the "stay-away-prior-to-trial" area. The "forbidden zone" had previously included the entire Rancho Del Mar Shopping
Center (and the adjoining freeway!). Now Henry is only required (as a bail condition) to stay off the Rancho's Roasting Company property prior to trial. There was no mention made of the Pacific Roasting Company--where he was arrested the next day.

An earlier $25,000 bail was charged for 7 minor charges from prior tickets at the Aptos Roasting Company in the Rancho Del Mar from late August and early September (5 charges of 602.1 and 2 of "disturbing the peace"). On none of these charges did the Ruth Perez, the citizen complainant (and former manager of the Rancho's Aptos Coffee Roasting Compasny), have enough concern or evidence at the time of each supposed incident to have Jerry custodially arrested (that is, taken away in handcuffs and jailed).
Suddenly, however on September 10th -- an arrest warrant was signed by Judge Barton a week after the last alleged incident and weeks prior to his first court date. The two new charges of "disturbing the peace" were added (though they'd not been mentioned previously and predated the 602.1 charges).

Henry defenders say the merchants and sheriffs are using a pending charge and a bail condition to set up a defacto restraining order, without using the usual legal process of taking evidence to court and going through a hearing and/or trial.

For those interested in hearing the merchant/police side of this scam, the following numbers might be helpful:

Pacific Coffee Roasting Co. in the Aptos Center 7554 Soquel Ave. 685-2520;
Aptos Coffee Roasting Co. in the Rancho Del Mar Shopping Center 19 Rancho Del Mar 685-0100;
Sgt. Amy Christy at the Sheriff's Substation 662-0690

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

I somehow doubt that the Rancho Del Mar shopping center is public space.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Mr Henry was not arrested for buying a cup of coffee but for entering a place of business where he was asked many times not to return because he can not conrtol his foul language and he was arrested for disrupting business and using the words like fucking nigger haters around many small children and families that were gathering the weekend before christmas. Small business have the right to conduct commerce, but when someone marches into a complete full business yelling, and frighting customers to the point that they leave, where is our rights. We all know that Mr Henry is not homeless, and that he has a very loving family to support him, but with all his time and apparently money he could be doing so much more with himself.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Becky, how is it you manage to continually overlook such facts as Michelle has just added to this story? You really need to take the homeless down from that pedastal on which you keep them to worship, and hold the homeless to the same standards of common courtesy and decency to which you hold the rest of us.

It's blatant bias such as this, that gives so many of us difficulty in taking you seriously. We always have to wonder what you aren't telling us.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

I recognize the right of a business to ban someone who has vandalized a business, destroyed property, harassed customers, or engaged in other illegal behavior. I was not there on the day he was denied the right to buy a cup of coffee from a business which there was no TRO preventing him from entering.

I believe the manager extended the TRO from the Aptos Coffee Roasting Company despite no legal authority to do so. At which point, Henry left the business, went out in front and told passers-by that he was "tired of being treated like a nigger."

I thank Michelle for weighing in on this controversy. I attended Henry's trial 2 years ago and saw for myself the railroading that led to a single conviction on 8 or 9 separate charges. For instance: Eric Johnson of Eric's Deli testified that he had had problems with vandalism and youths causing problems at his business. He had not had any instances of abuse by Jerry Henry. Despite the obvious fact that Henry is not accused of vandalism and is not a youth, Johnson's testimony helped the Judge determine to ban Henry from half the shopping center!

If I hadn't been there myself, I wouldn't have believed it.

Michelle, was there a TRO on file banning Henry from that particular branch of the Coffee Roasting Company? If not, wouldn't his banishment have resulted in his upset feelings and justified anger?

Henry returns to court February 24th

Jerry reported at the last HUFF meeting that will be going back to court at 9:30 AM on Thursday, February 24th in the jailhouse courtroom (Judge Morse, I believe).

Those who want to speak with him, witnesses who were with him, or his supporters can do so outside the court then.

Were either Michelle or the author who signs her(him?)self "Becky's rose-colored glasses" witnesses to Jerry Henry's alleged outbursts on any of these occasions?

I ask this because Henry says he keeps audio tape recordings of all his encounters with the Rancho Del Mar's Aptos Coffee Roasting Company as well as the Aptos Center's Pacific Roasting Company. There should be ample evidence to show what the truth of these accusations are.

Henry, Richard Quigley, and three of Henry's attendants (Henry himself is disabled) claim that Henry is being systematically victimized by an exclusionary process orchestrated by merchants and the sheriff's department--in actions dating back to the mid=90's.

This kind of merchant behavior is familiar to anyone who's watched Pacific Avenue devolve into gentrification in the last decade.

Michelle or "Becky's rose colored glasses" are invited to come to the HUFF meeting Wednesday at 8:30 AM at 1107 Ocean St. (Baker's Square Restaurant) to advise us of their side of the story.

HUFF has voted to begin protests and picketing at these two coffee shops and their Santa Cruz affiliate on Pacific Avenue. Contact us at 423-4833 if you'd like to support these protests.

Colleen Cosby, the owner of the Aptos Coffee Roasting Companies at Rancho, has repeatedly been urged to tell us her side of the story. We have asked her to respond to charges that managers at her Rancho Del Mar store have removed seating outside, colluded with sheriffs to harass youth, and specifically engaged in a sustained campaign of slander and false arrest against Henry. So far, not a word from the "Free Trade Coffee" boss-woman.

I like Colleen personally, but abusive behavior towards homeless advocates reminds me of racial discrimination and I have no patience for it.

Colleen's position (supporting free trade coffee, but refusing to serve Henry and other "riffraf") sounds uncomfortably like another case of "liberal overseas, fascist at home". Particularly towards those who have a ragged poor homeless look to them.

This kind of runs--actually gallops--in the Santa Cruz liberal gentry.

Mayor Rotkin, folks may remember, is on the Board of the American Civil Liberties Union, but voted to kill the Citizens Police Review Board, to criminalize sitting on 95% of downtown sidewalks, to support the 11 PM to 8:30 AM Ban on sleeping outside or in vehicles at night, & to kill rent control for the De Anza and Clear View Mobile Home Parks. (Not to mention backing City Manager-for-Life Dick Wilson's Santa Cruz Coast Hotel development scheme)

Progressives need to demand some level of real commitment to civil and human rights here locally.

Colleen: Time to wake up and smell the coffee.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

So what's the game here? He causes trouble at one Roasting Company location, then he walks into a different RC location with a hidden tape recorder, acts like an angel, gets kicked out, and offers this recording as proof of his innocence?

And worshippers of the homeless all flock to his cause?

To hell with your TRO's, Becky. If your buddy caused trouble at the home of a friend of mine and got kicked to the curb for it, your buddy would no longer be welcome in my home either.

Coffee shops are not like libraries or the court house. Coffee shops are private businesses, and you are the owner's guest. If the manager of one location, acting under the orders of his boss the owner, says to ban a customer for trouble he caused at a separate location, I'm totally okay with that.

None of your opportunistic legal technicalities can change the principal of the matter.

Get the facts, then judge.

Sounds like "Fake" has already made up their mind. Was Fake on the scene? Did they hear the tape recordings? Did they talk to the other witnesses?

I interviewed several of the other witnesses in both the Rancho and Aptos Center incidents and got the impression the exclusion was arbitrary, vicious, and discriminatory.

The state Unruh Civil Rights Act requires that public accomodations (like restaurants) not discriminate against a class of people (like blacks, women, hippies, etc.). Denny's was recently successfully sued for this in Florida.

It's not necessarily easy to prove, but it's not fair or desirable either.

Henry's point is that he recorded ALL the incidents involved.

A business is not a public forum--true. (Actually libraries and court houses aren't public fora either; places like sidewalks and parks are.)

But if it is open to the public, it has a responsibility not to discriminate. The issue also has to do with seizure of public space in front of the businesses--which is traditionally used by the community, even in "private" shopping centers like Rancho Del Mar and Aptos.
That was the subject of the famous Pruneyard decision over in Cupertino.

It sounds like bigotry not legitimate business concerns operating here.

There's also the issue of expanding business mentalities (along with security guards) gobbling up previously public space.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos


Michelle says "Small business have the right to conduct commerce, but when someone marches into a complete full business yelling, and frighting customers to the point that they leave, where is our rights."

Are you calling her a liar? Are you saying that this incident never happened?

Different Accounts may be clarified by tape recordings

Fake: I haven't spoken yet with Michelle, though I left her (as one of the owners of the Pacific Coffee Company) a note several weeks ago--if this is the same Michelle.

An incident at her company in the Aptos Center did happen, according to Henry, Henry's companions, and hers. The dispute seem to be over what happened and whether it justified an exclusion and/or arrest.

As mentioned, there are reportedly tape recordings involved (whose existence will be confirmed, perhaps memorialized at this February 24 court hearing).

I do know that merchants often feel they have more rights--in the public spaces around their stores--than they actually have. They often have more power (in terms of their pull with local police) than they should have.

Again, I suggest you need to gather more information. When I get it, I will pass it on.

Based on my general experience with how police and merchants have treated Henry, I admit to a bias here. I believe the bias is justified.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Michelle is mistaken (as is "Fake").

She asserts "Small business have the right to conduct commerce . . ." That is NOT true.

Black's Law Dictionary defines "license" as permission to do that which would otherwise be unlawful. By virtue of the requirement of a business license as a condition of operating a business, all businesses exist as a matter of privilege, not as a matter of right.

Citizens, on the other hand, are not required to have permission to be citizens -- "All people are, by Nature, free and independent and have inalienable rights" (Article I, Section 1, California Constitution) Among those rights is the right NOT to be singled out and discriminated against (especially by someone in place as a matter of privilege) on the basis applied to Mr. Henry. Even if all the things Michelle said of Mr. Henry were true, which they ARE NOT, they are protected.

The other claim we often hear from the merchants is that they have a right to make a profit. Also not true. If one operates a business like a fascist ass, driving away their own potential customers, nobody owes them a thing. If these folks don't want to do business with the public, "in all of its parts," they need to get permission to open a private club. And even then, I'm not so sure they can discriminate -- except and unless the police and courts take sides, ignore their respective Oaths and trade their services for political capital at the expense of all of us.

Never forget, the Jews who helped load the first Jews into the boxcars for transport to the concentration camps in Nazi Germany, eventually ended up on the train themselves.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Messir Quigley, to which municipal code do you refer? Would it be Section POOMA - Pulled Out Of My Ass? Because I can find no such requirement in the municipal business license. Only building and fire codes.

See for yourself

Further, no agreement is legally binding when achieved under duress. No one can threaten you into agreeing to surrender some or all of your rights.

Business owners are a persecuted populist minority in this rich-white-man-hating community. They have the right to expell anyone they choose from their business premises. A business "license" agreement is forced upon them under duress only.

Try engaging in your innate right to do business without paying these bribes to the bosses of the local thugs-in-blue, and you'll learn this first hand.

Whether it's a once-a-year art gallery in your basement, your front yard for the monthly neighborhood garage sale, or a space you've rented downtown to sell coffee, an owner has the right to expel anyone he feels.

If you disagree with that, then you disagree with the very concept of private property in general, and should admit as much so that at least we know we're dealing with an extremist communist thief.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

This is probably almost as weak a forum for discussion as talk radio. I've never been ashamed to reveal who I am, but who the Hell is "no such license"?? And why would I be inclinced to respond to them, or would anyone be likely to take their word for anything?

With that said, for the sake of elevating the discussion beyond whatever "rich-white-man-hating" has to offer, here's a little lesson for the rest of you.

Businesses are required to have licenses for a myriad of reasons. They exist with permission so that they will not take advantage of public resources, at a loss to the public.

Populations of consumers represent varying degrees of value -- from lots, in areas like Rodeo Drive, or less, in areas like East LA. In exchange for earning a portion of the consumer dollars available in a given area, businesses acquire licenses and comply with rules -- just like if you wanted to open a hot dog stand in a public park. I don't mean to stretch anyone's thinking processes, but think of the ramifications if anyone who wanted could just show up at the park and start selling food? Sound a little dangerous to you?

Next, comparing private property rights to businesses open to the public is about as stupid a notion as one might expect from the name caller "no such license". If he or she thinks they are the same rights, they are so far behind there's probably no catching up. Maybe this person (this is really frustrating, dealing with a nameless, faceless sniper) should try the other direction? Maybe "no such license" can provide me with the foundation for business rights equal to those expressed in Article I, Section 1 of the California Constitution that Mr. Henry is supposed to be able to enjoy? Show me in the law where "business," even a private business, has an inalienable right to trump Mr. Henry's rights under the Constitution(s)? It ain't there.

It ain't there because it don't exist.

As for the right to "expell anyone he feels," such statements of themselves make the writer sound stupid.

"We reserve the right to refuse service to anyone" is not true, your neurotic snits notwithstanding.

A business, in particular a business open to the public, only has the right to refuse business to those they have a right to refuse business to . . . and the basis for that refusal CANNOT BE arbitrary. "No shoes, no shirt, no service"? Fine. It applies to all members of the public. "Your shoes, no service (and we'll define 'your' later)"? Not in this country. Not in this State. Not yet. Thank God.

So, messir, or ma'am, or mssss "no such license," try to avoid busting into the big leagues until you've at least learned the rules of the game? Because, like it or not, you're over-opinionated, under-informed, and otherwise completely out of your league.

It's probably a good idea not to truly identify youself. If I came off that stupid, I'd probably no identify myself either.


Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Mr Quigley, please help me understand which part in incorrect reguarding Mr Henry, was it the part that said that he marched into a full business yelling and the customers were leaving? YOU were not their,
was it the part that he can not control his language? I wish he would,
was it the part that he has a loving family that seems to support him, I have meet his mom and she is a kind and beautiful woman,
was it the part that says he seems to have a little time on his hands, I sure see him standing around alot in different shopping centers,
and about the money, anyone that can raise $50.000 on a weekend has a little stash under the bed or has a great abbility to raise money, and he could help a lot of people with that skill.

Mr Quigley. If you were sitting in a cafe with your young children, or maybe your parents or even a date, and someone comes into the building yelling words like fucking nigger, what would you do.
Mr Quigley I ask you what rights do we have, you seem to have all the answers or you know where to find them.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Michelle, I would love the opportunity to introduce you to Mr. Henry one day. In spite of the poison that has been spread about him, I have known him over well over a decade and a half, and consider him to be a good man and an extremely valuable member of our (as in, the Aptos) community -- but then what do I know? My reputation has been as smeared by the friends of the Aptos Chamber of Commerce ("Community Enhancement Committee") as well. I promise, every foul thing that has ever been (falsely) attributed to Mr. Henry, has been pointed at me as well. All in defense of the "right" of business to run this community -- even if into the ground.

You are correct about Mr. Henry's parents. They are more incredibly wonderful than you can imagine. What they have had to endure so that Ms. Hibble can shape the face of the Aptos community, is beyond a crime . . . even beyond sin. The price that family has paid so that Mr. Henry can be driven out of the community he has lived in for over 25 years, is incalculable.

And I think you missed the point of the $50,000 bail. Look around. Check the news from time to time and look at what a person usually has to do to be incarcerated with bail even bordering on $50,000. The fact of that bail amount being imposed at all proves an abuse of power and process that truly exposes the corruption of our local government. The fact that his family could lay their hands on that kind of CASH (that was the additional requirement imposed on them . . . that his family not only raise that kind of money, but take it to the jail "in cash") is not a proper subject for discussion. To me, all it says is that Mr. Henry is doing God's work. How else could one explain it? I know for a fact that as the money became available, it also became obvious that it was God's hand that made it available.

Which brings us around to your other observation I don't understand. If you understood that Mr. Henry is a street minister, wouldn't it make sense that he often appears on the street? As his neighbor, I can assure you that young people trying to get off drugs are not likely to be guided, even by God's hand, to run into Mr. Henry this deep in the forest. The last young man I'm aware of that found Mr. Henry, and through him the strength to keep his commitment to get away from the heroin culture he had slipped into, found him because Mr. Henry was at the "town square" area of the Rancho del Mar Shopping Center where he belongs -- the wishes of the LA-LA-brained Aptos Chamber of Commerce notwithstanding.

Before I finish this post, I have one observation I feel compelled to make with regard to you. Just after asking where your right are (I assume, speaking for the merchants of Aptos), you wrote: "We all know that Mr Henry is not homeless, and that he has a very loving family to support him, but with all his time and apparently money he could be doing so much more with himself." Meaning no disrespect, THAT is the whole problem in a nut shell . . . you don't understand the limitation of your rights -- either individually or as a merchant. Although you may have the right to hold a personal opinion of what Mr. Henry "could" (or "should") be doing with his life, YOU HAVE NO RIGHT TO ACT ON THAT OPINION!!

As a business owner, you do have certain rights relative to your business -- most of which end at your door. You have the right, for example, not to put up with thieves (I personally hate thieves). You have a right to eject people for committing violent acts or destroying property. You have all kinds of rights when it comes to protecting your property, and your customers, from REAL threats to their security. But you don't have the right to judge or punish your "customers" because their life choices offend you, no matter what you've been led to believe by the police-state conduct of local politicians and the Aptos Chamber that has corrupted them.

This seems to be turning into a book. I did not intend that. But you raised a lot of questions, and I see no reason to appear to avoid them.

So, in closing, let me add that whether or not I was there has nothing to do with whether or not I have knowledge of what took place at the Pacific Roasting Company that led to Mr. Henry's false arrest, and bail of $50,000. It is only important for you or anyone to know that I do know what took place, and I have no reason to lie about what I know.

One final, final comment: If you will check, you will find that Mr. Henry today, is the creation of the Aptos Chamber of Commerce, First Alarm, the Santa Cruz County Sheriff's Office and the Santa Cruz County District Attorney. Prior to their first assault against Mr. Henry, you will find NOTHING in his past that reflects the way that he has reacted to being accosted over this past 8 or 10 years. He didn't suddenly wake up one morning in 1996 and decide to go to the shopping center and start trouble with anyone. Rather, Mr. Henry has merely REACTED to being caught in the first wave of social cleansing initiated at the behest of the Aptos Chamber, when as he was quietly going about his life, a First Alarm security guard walked up, poked him in the chest, and instructed him to "move along"! And you think "fucking nigger" is obscene? Try being on the recieving end of "move along" in the name of the law some time, just because someone has judged that you are someone or some thing that they have decided no longer belongs as part of what is his community too.

(btw: I don't know how you're going to react when you discover that Mr. Henry, on the day he was arrested, did not use the word "fucking" one time in your shop. Yes, he commonly uses the phrase "nigger-haters" to describe the instruments of the social cleansing team here in Aptos, and even on occasion "fucking nigger-haters"; but not that day in that store. Oh, I don't doubt you heard it, but I can assure you, he didn't say it. And although he may have sounded to you like he shouted when he spoke, you'll find the evidence will not support that claim either. Sometimes, words we don't want to hear sound a lot louder than they actually are.)

One last thing . . . personally, when I see Mr. Henry engaged in his defensive struggle against the social cleansing/engineering of Aptos, I see him more in light of Jesus throwing the money changers out of the Temple, not as Charles Manson on a rage. Rightous indignation is often times mis, or even not, understood by those deserving of it.

No offense.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Your right! I do not have any right to say what anyone sholud and could with their life, I guess my feeling is that life is such a precious gift that I try to make every day count, and I try to teach my kids that, and pissing off people is something that I try to avoid, and Mr Henry does not offend me with his presents its his language. If I wanted to hear that kind of language I would be listening to bad rap music, and I hope that does not offend anyone. And as far as the bail amount, I think that it is so far out on control and Im wondering why the amount is so high. you talk of social cleansing of Aptos, how very sad for everyone, I am not qualified to comment on that one, I see that kind of thing as a hate, and I dont let myself go their. I'm sure you think of me as ignorant, their does seem to be a lot of hate our there.
Mr. Henry should be very lucky to have a friend like you, that can stand up for him in an articulate and it seems educated way.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

I'm still waiting. You claim a business license comes with certain requirements, but I showed you the form. Building and fire codes, nothing more. Please back up your legal assertions with citation, not conjecture.

Your example of hot dog stands in public parks is irrelevant. A public park is public property, owned by the taxpayers. The Aptos Roasting Company is not public property - a fact which you surely need not be told. Nice dodge though.

And you are wrong, a merchant does not earn the consumer's money through signing legal agreements under duress with the gestapo. He earns it by providing a product or service to his customers. That is the nature of business. Government regulations are just a blood-sucking middleman racket trying to butt in on other people's business and steal a piece of someone else's pie.

Freedom of speech means freedom to say unpopular things. Popular speech needs no such protection. We would agree, yes?

Speech rights and property rights are identical, because freedom of speech is merely property rights relating to your own body and how you use it.

Property rights means the right to do unpopular things with one's property, such as kicking out someone deemed a trouble maker regardless of how any fan club may object. If you dont like it, you have the right and the ability not to patronize that business. In a civilized world, this would be the end of the story and you would get over yourself.

You speak of "business rights" and ask for their legal basis. This is a straw man argument. "Business" rights are in fact merely private property rights. It doesn't matter if money changes hands or not - if I want you out of the home which I rent or out of the office or shop which I rent, you're outta there buddy. The world doesn't owe you anything, so grow up and work on that bruised ego of yours.

But it was a nice try there, junior.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Actually, Michelle, I am the lucky one. I have had the opportunity to watch and learn from Mr. Henry. I have benefited in many more ways than he from our acquaintance. But then, for whatever reason (maybe just because I was raised to be a good neighbor), early on I decided to let go of what I thought I knew and look for the good I could find in him. And there's plenty there.

I do not argue that at times, it requires some patience. But that's no different than having to accommodate someone hearing or sight impaired, or wheel-chair-bound, or even semi- or full-blown retarded ("special" they're called, I'm told). The exact nature of Mr. Henry's disability is not necessary to discuss. In fact, I don't feel right talking about it at all, except to point out that he is, in fact, disabled, and that as is true of most people considered "handicapped," the loss of one ability, has enhanced others.

If you'll remember your history, you'll recall that the very first that were eradicated in Nazi Germany, were the disabled. The "eaters" they were called. If a society is to be judged by how they treat their children and the elderly, I think that's too late. If there is a canary in this coal mine, it is how we treat the disabled. If Mr. Henry's treatment is any example, our society -- as in the Aptos community -- has a LONG WAY TO GO to find a point of pride.

In spite of all I have witnessed in the past several years of watching this ongoing harassment of Mr. Henry, I still maintain the belief that there is some good in every one (even in that poor thing that calls itself "no such license"). That's primarily why I attempted to join the Aptos Chamber of Commerce -- I say "attempted" because my application was denied, with no opportunity to defend my reasons for being a member, against yet unstated objections, because controlling the types of information made available to the people who support the Chamber apparently has to be filtered by Ms. Hibble. In order for Hibble to continue to use the Chamber's political clout, the membership cannot know how that clout is applied. By keeping me out of the Chamber of Commerce, the membership is shielded from the fact, and abuses, of power granted to Hibble on the backs of the members of the organization.

The members of the Chamber have an absolute right to organize to the ends of the first part of its mission statement: "The mission of the Aptos Chamber of Commerce is to promote economic vitality through service to business so that it may benefit the entire community, . . .". No reasonable person would not support such a mission.

But when Hibble added the words ". . . and to help develop a sense of community identity and pride," even a blind man could see the inherent dangers in that. Who in God's name is Hibble to come to Aptos, from LA, and move is such a manner. Like the people in this community were somehow lacking in the "community identity and pride" department before she arrived? Come on.

I knew all I had to know about Hibble when I read the article about her when she was Co-Director of the Santa Cruz Mountain Winegrowers Association. The article stated: "Being a woman, one of the experiences she enjoys most is ordering the wine for her table when dining out. Usually the server will put the wine list down by the gentleman, but because Karen is so knowledgeable about local wines, she takes great delight in choosing and matching the wine with the food to be served." The woman claims that one of the experiences she enjoys most, as a woman, is the "great delight" she derives from humiliating her husband in public, and the Chamber members put her in charge of helping the Aptos community develop a sense of community identify and pride? Sheesh! (The women in my life knew a LOT more about wine that I, but they'd simply tell me what to order before the wine steward arrived.)

But you see, I can say this to you here, at least for now. But only because you apparently take enough interest in what you're doing to put some energy into looking into it. Otherwise, how would you know any of it?

I tried years ago to point out to the Chamber membership how they (you) were being used to achieve Hibble's agenda, but the day I went in to buy the membership mailing list, although they took the $5 fee, they also claimed their computer was broken so they couldn't give me the list. To this day, I still don't have a copy of the list, they have the 5 bucks, and you are the first contact I have been able to make with a Chamber member outside my small circle of friends to point to the abuse of the trust that's been put in her.

Do I think there are misguided people in the Chamber who think it is their right or responsibility to "help develop a sense of community identity and pride," and to do so by supporting efforts to run off the "riff raff"? Yeah, of course. But do I think that of the general membership? No. At least I would hope not. But I can't know that one way or the other, because I'm not allowed to address the membership, point out the abuses, or anything else. I'm an outsider, and must remain so.

After years of working to that end, I finally got a regular time slot on KSCO, where I was allowed to use that forum to try to reach as many people as possible to talk about Freedom-related issues, which included occasionally pointing out the effect of the workings of the Chamber. The resulting threats to the station from the Chamber directly -- threatening to submarine their advertising base, their life's blood -- together with a LOT of pressure from then-Sheriff Mark Tracy, speaking in support of the Aptos Chamber, took care of that.

Have you never looked at what happens to the objective view the sheriff's department is supposed to have as to these matters, when the Sheriff is a Member of the Chamber Board of Directors? And what about the Supervisors? Do you really think that being on the BOD of the Chamber does not affect how they too look at "outsiders"? And on and on . . .

As a Chamber of Commerce member, I could have pointed all this out.

It would not have un-rung the bell of the beating and false arrest by the sheriff's department of my former significant other for trying to help defend Mr. Henry and the community from the Chamber. It would not have un-rung the bell of the extensive damage to Mr. Henry and his family. It would not have prevented a LOT of stuff that happened before I finally realized the source of all that hateful conduct. But, I believe, it could have gone a long way toward preventing what is happening now -- especially relative to the hundreds of thousands of taxpayer dollars as are going to be spent to try to convict Mr. Henry of being who he is, so the DA Bob Lee (BOD Member?) can make an appearance at a Chamber breakfast and receive a standing ovation for finally running Mr. Henry out of town (just as they did for DA Ruiz, when he ended up with an order banishing Mr. Henry from the Rancho del Mar shopping center for three years after that quarter-million-dollar bullshit, so-called trial, fours years ago).

I have to wonder, if nothing else, how many young people trying to work their way out of self-destructive drug or other abuse problems, have not found the kind of help Mr. Henry could have provided.

What I don't have to wonder about is that the community area in and around the Aptos Roasting Company -- which served as the virtual town square for the young and the old in this community for decades -- is now all but totally destroyed, so even that healthy forum for true community enhancement has been quashed. But hey, that's just the price we have to pay to develop a Chamber of Commerce driven sense of community identity and pride, eh?

"God forgive them, for they know not what they do."

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

What has this man done to warrent such high bail and such an expansive stay away order? What does he speak about that affects business so negativly? I think people are missing the point that regardless of private property rights and regardless of free speach, mr henry has been arrested and prosecuted with no due process. 50,000 dollar bail IS cruel and unusual punishment. His stay away order kept him 100 yards from the rancho del mar shopping center. How do you get from aptos to santa cruz without passing 100 yards from that center? Is this the america people around the world look to as a beakon of freedom? I'd love to hear the business owners of this community explain how this unconstitutional behavior by the legal system is justified?

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Ok, off your soapbox everyone, you have lost focus of what happened here, you have a grown man( jerry ) who goes to a public shopping center and is using obsenities in front of small kids, what is wrong with you, do you not think that is wrong, we try to shield your kids from that kind of thing for as long as we can, and as a parent, if we all tried a little harder maybe we would't need anyone like Mr. Henry to guide our kids out of trouble. It needs start at home when they are young. and Mr.Henry, I hope you can see that from a parents point. I was there on that saturday and my kids ( ages 6 and 9 ) were very frighten, you were yelling words Im not ready for them to hear, especially with such anger benind them. That is the point. this is not a homeless issue or a civil issue, its what is right and wrong, and Mr, Quigle I'm sure you are going to have a comment about that, everyones right and wrong are different, but when it comes near my small kids, Ill protect them the best I can..

Next Court Dates for Jerry Henry

On February 24th, Jerry Henry went back to court. District Attorney (and Scotts Valley Mayor) Paul Marigonda is still pressing forward with the 10 misdemeanor counts (mostly "interfering with a business").

The trial is set to begin on April 18th now (though there are earlier court dates of March 30th and April 14th)--all at 9:30 AM, presumably in the "jailhouse" court on Water St. in Santa Cruz.

Perhaps Reene can explain exactly what "obscenities" she (?) heard and which incident she witnessed. If you are being illegally excluded from a public accomodation because of the unjustified fears or outright bigotry of the owner, or because of pressure from a local merchant association and/or sheriff's substation, that seems more of an obscenity than responding to it with some angry words.

In the past Jerry Henry has reportedly been dragged through court for peaceful but persistent protest against discrimination at Colleen Crosby's Coffee Roasting Company. (His words as he picketed outside, I believe, were "this nigger's tired...tired". His point: that he was being treated like a black American in Selma.)

While seeing conflict can be disturbing to parents, concerned about the welfare of their children, I would think the greater obscenity is the fact of discrimination--and the iron fist of prosecution spending tens of thousands of taxpayer money to enforce merchant prejudice.

HUFF (Homeless United for Friendship) will be meeting tomorrow 8:30-11 AM at Baker's Square at 1107 Ocean to review protest plans against the businesses involved.

What lesson do you want your children to learn?

I believe that swear words, said in a public place are not illegal. If the swear words are in the form of a threat, and the person threatened feels frightened and intimidated as a result...maybe..just maybe...a crime has been committed. So Renee, I am glad to hear an eyewitness to these events speak. I understand that a tape recording was made, so eventually others can learn EXACTLY what Henry said, but it hardly seems to be a concern of law enforcement given what I've heard so far.

Was there a TRO on file preventing him from being a customer at the shop in question?

Was he denied service despite no TRO being on file?

Was he justified in being angry for being denied that service, like any other customer?

Your children witnessed the outraged response of a disabled man being discriminated against by a merchant and your response is to chastise him for his language?

Perhaps your children would have learned a better lesson if they had seen you go in and ask the merchant why they had refused service to the disabled man outside who was so upset.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

Renee, I once knew a family that was horrified by the possibility that their children might actually see a "white" woman with a "black" man (in far more stringent terms) . . . they believed it was just WRONG for such a couple to exist, never mind appear together in public and wanted to "shield" their children from the experience.

By contrast, as a parent, I saw my responsibilty to prepare my children to live in the real world, with real people. But they're your kids you're concerned about here, so teach away.

What are you wanting to shield them from anyway? Words?

Good luck.

Re: Street Minister Busted Again Friday, $50,000 Bail in Aptos

so sence when was the word nigger offensive but the act of niggering someone so acceptable? I've heard the word nigger on countless television shows and movies, and it seems to be acceptable comming from the mouths of african americans. isn't this blatent racesim, isn't it kind of like saying blacks can say nigger because they are? i find that disgusting. I've seen "authorities" in this community treat jerry like a second class citizen well before he used the word nigger in reference to himself. A federal judge has ruled that this county has violated several of his civil rights, isn't that scarry for the future of our children? It seems like the attitude is that kids can grow up in this Nazi-like community but god forbid they hear about it. I really feel sad about everything that has transgressed here, and I feel sadder about the duplicity of it's citizens. They really have been lynching a nigger in this community and they're to damn stupid to see it. And i don't mean a black person, i mean a nigger.


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