Should someone face criminal charges for publicly criticizing a public official?

One might expect this in China or the former Soviet Union, but not in Valley Center, Kansas.

Jarrod West moved to Valley Center five years ago and discovered a flooding problem that many of his neighbors have endured. After years of delay from the city, and his home flooded again on June 20, West put up a sign demanding that the city do something to fix the problem. One of his neighbors did the same, but West was arrested and booked in jail because he put the city administrator’s name, Joel Pile, on the sign. The sign read:

“Dear Valley Center, I did not buy Lake Front Property! Fix this problem. This is what I pay taxes for. PS. Joel this means you!”

Barry Arbuckle, the city attorney, sent a letter to West stating that it was considering filing defamation charges against West unless he could prove that Pile is responsible for correcting the problem. Pile has said that he cannot fix the problem, only the city council can.

Arbuckle successfully intimidated West into taking down his sign on July 10.

“People and individuals have an absolute right to free speech. But however, when they do it and continue to do it within the realms of what we believe is actual malice for the purpose of holding me accountable to the public we believe that crosses a line,” said Pile.

Gotta love that “absolute right to free speech,” unless one criticizes Joel Pile and holds him “accountable to the public.”

I missed that exemption in the First Amendment for Joel Pile.

Eighteen days after West took the sign down, he received a criminal complaint for defamation from the city. It is not just that the city wanted to squash criticism; it wanted retribution.

The only criminal act going on here is the suppression of civil rights by Pile and the city of Valley Center.

It is an outrage that West was issued a criminal complaint and ordered to appear in court for criticizing the government that represents him. Personally, I think he should sue Valley Center for denying him his civil rights. Hopefully, he can get enough money from the city to fix the problem himself.

Most sources on the internet have claimed that West was hauled to jail, booked and released on the defamation charge. Fortunately, that is not correct. Misinformation was published by “reliable” sites like MSNBC. Actually, West was booked in jail on a criminal threat and battery charges involving one of his neighbors, whom he allegedly pushed to the ground.

West called the defamation charges “ridiculous,” but it really is a lot worse than that.

What would happen if someone expressed their frustration that President Obama is not fixing the economy and was hauled off to court? After all, the Presidency and city administrator positions are both executive positions. Just as a city administrator depends on a city council for legislative action in completing his job, so does a President depend on Congress for legislative action.

“He told people I told him that I would fix (the drainage issues), when I have no power to do so. He basically accused me of lying and that’s not appropriate,” said Pile.

A citizen accuses a politician of lying and then is ordered to explain it to a judge?

Can someone please send Joel Pile a textbook on PoliSci 1A? This guy does not get the basics of a political society. If Valley Center ever decides to get rid of him, then I am sure Kim Jong-il has a job fit for his style in North Korea.

Pile and the city of Valley Center need to realize that the bar of defamation is high even for private citizens. When one is a public official, as Pile is, the bar is even higher. Then there is the city attorney. What is up with this guy who has studied law? Does he not understand how sacrosanct the First Amendment is?

Arbuckle was reprimanded by the Kansas Supreme Court in 2002 for violating five state rules of professional attorney conduct. Those violations came in his capacity as a private attorney, but he stayed on as city attorney for Valley Center. Like is attracted to like, especially when it is incompentents.

For his part, West claims that Pile promised to help him by bringing some dirt to protect his house, but it never showed up. West claims there are other things Pile could have done as city administrator, such as directing city crews to clean trouble spots in the drainage ditches and mow the grass.

Just as West was preparing for his first day in court on August 11 to fight the charges, Pile announced that the charges would be dropped.

“It’s not in the city’s interest to pursue the matter,” Pile said.

At least they have some common sense at Valley Center City Hall. It just takes a while for them to find it.

Yet West is out of pocket $5,600 in attorney fees and fears that the townspeople have been silenced.

“Anybody is subject to it at any time. They made that obvious. The kicking point is, I have a small business in town….They were saying I defamed (Pile), yet, he got in the paper and said I was lying. That’s pretty ludicrous,” exclaimed West.