Harlan Jacobsen Copyright
© 2003
Harlan Jacobsen has been publishing
specialty newspapers for 32 years using sidewalk newsracks as primary
distribution method resulting in some mail
circulation.
Currently publishing Country Singles, Az Single Scene, Iowa Casino Directory, (also MN. SD, WI, and MO Casino directory's and Iowa Fun Stops. Precedent setting cases include the US post office and General services rulings by US Court of Appeals. Jacobsen spent over $5.000 on attorney fees over US Post office moving and seizing his newsracks. The District court ruled against rights to distribute on the post office owned sidewalks. Jacobsen, unable to afford more attorney fees appealed the case to the US Court of Appeals without an attorney (pro se) and the US Court of Appeals reversed the lower court and upheld those traditional rights. Since that ruling, the 20 additional incidents seeking federal court assistance in enforcing these established rights over the 32 years, were done pro se without an attorney. Four of those, plaintiff wound up appealing decisions to the US Court of Appeals including the Scottsdale Az city rack seizure case overturned and traditional rights upheld by the same court of appeals. The SD rest stop decision affirming rights at SD rest area sidewalks was appealed by the state, and these rights were upheld by the US Court of Appeals at Minneapolis. Two Kansas cities threw Jacobsen in jail for standing up for his right to distribute his views and ideas on the cities sidewalks and refusing to move his newsracks. Both hired the same Kansas City number one, constitutional attorney and after six months of expensive litigation, both cities settled out of court for monetary damages. The US Court Of Appeals resulted in a restraining order protecting all Jacobsen newsracks "placed non obstructively" on the US post office and General Services administration sidewalks throughout the entire US. This opened up post office sidewalks throughout the country for other publications. Jacobsen distributed in eight states and dealt with over 400 government entities. Many interfered with sidewalk rights and in the 32 years 21 wound up seeking court assistance (without an attorney) in enforcing traditional rights to distribute unmolested. The rest area precedent setting matter was against the SD DOT seizure of newsracks at SD rest areas. The District Court upheld Jacobsen's right to distribute, stating that newspaper distribution at rest stops complemented the primary purpose of the facility, taking a break from driving and reading the paper. In the 32 years, Jacobsen has distributed his views and ideas in eight states and dealt with well over 400 government entities. Many interfered with his sidewalk distribution rights and in the 32 years he wound up seeking court assistance (without an attorney) in enforcing traditional rights to distribute unmolested, with 21 of the 400 including two of those cases were with Iowa. Number 22 coming up as three federal actions to maintain rights in Iowa seem to be necessary. The second precedent setting matter was against the SD DOT seizure of newsracks at SD rest areas. Motorists taking a break from driving can read a newspaper while doing so. The SD DOT appealed the loss to the US Court of Appeals, which upheld Jacobsen's right to distribute on rest area sidewalks. Many of the city federal suits wound up in US court of appeals which also set some precedents. Many were settled out of court for damages. In the last few years Illinois DOT interfered at rest areas moving racks around to the side of the building far from any foot traffic. Jacobsen filed suit against the head of the DOT, the rest area administrator and the Governor of the state for failing to stop violations of protected rights, all as individuals for damages, actual and punitive, Jacobsen claiming violation of protected rights can not be claimed as "part of their job". Despite the three defendants hiring expensive outside attorneys and these legal experts filing several clever attempts to get the suit thrown out on their behalf, the case is still going strong and is now set to go to trial in Springfield Illinois in November. In the first two legal actions against the state of Iowa over arrogant violation of rights, the matter was filed and handled in Sioux City, Iowa federal court as will be action number three. The matter is ready to be filed, but since a temporary injunction is being sought, photographic evidence, a tiny part of what you are seeing here...will be included with the initial filing. The entire Iowa freeway rest area system is being photographed showing what the defendants have allowed to be done to plaintiffs distribution, as evidence. As soon as photographic evidence is completed (most of it you will see posted on this site) the action for preliminary injunction will be filed with the federal court at Sioux City. The US supreme
court recognizes that the first amendment right to publish is WORTHLESS
......unless you also protect the right and ability to DISTRIBUTE one's
views and ideas.
Thanks for stopping by and supporting the concept of first
amendment "free press" rights in Iowa and the entire United
States.
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