The Henry's Fight (OKC) City Hall
Donation protected
I know both Charles and Julie Henry - they are the sort of independent minded, pioneering people that built this state and this country. They need help, fighting for not just their rights but for the right to have their property and privacy respected, and yours as well. If you ever wanted to find a clear-cut case of bureaucratic tyranny targeting the poor (in funds but not in spirit!) this is it. Please help me raise the funds to defray their legal costs, and stand up to the City of Oklahoma City - which should be ashamed of themselves for this action. Here is their story:
Charles and Julie Henry have lived in SE OKC for about 20 years in one of the oldest neighborhoods in the city. The majority of the neighbors are homeowners, most are low income, some disabled and a few speak little English. For the most part, it is a quiet, simple neighborhood.
Each year in the springtime two things typically happen: the neighborhood gets hit with graffiti, and the city makes a code enforcement sweep for clean up. The City’s response to graffiti has traditionally been the same as the Henry's – to cover the work immediately in the interest of discouraging the vandalism, even on private property. The City has changed its legal approach to this vandalism. They will no longer paint over the graffiti themselves should a homeowner fail or be unable to do it and has instead made the act of the vandal into a crime by the property owner so we are victimized twice.
In March of this year, the annual fence painting vandalism occurred, and after so many years of
painting over that graffiti, the Henry’s had finally run out of paint. While waiting a week for money to buy paint, the City’s annual sweep was made and noticing the graffiti, the City’s code enforcement inspector stopped to make a citation to demand the fence be painted, but then chose to use his camera as a periscope to inspect the Henry’s property within their privacy fence, noting various minor violations to city ordinance and issuing citation for each. When confronted with the invasion of private property, the code enforcement agent falsely claimed to have “right of easement” to be on the Henry's
property. Charles informed him that a warrant would be necessary for searches and photographs of the property. The agent quickly vacated, but not before leaving a long list of citations.
(NOTICE THE TIME STAMP ON THE PHOTOS)
The Henry’s complied with the order to cover the graffiti, and answered the rest of the complaints with
a demand that the City not proceed with those other complaints, citing appropriate U.S. Supreme Court
rulings to show the City that their inspector’s search had violated the 4th Amendment to the US Constitution and therefore their case had no merit. Almost two months passed with no further comment from the city.
Rather than summoning the Henry’s to appear in the City’s Municipal court, the City ignored the Henry’s legal response. Instead, they filed a case in the Oklahoma County District Court, to be heard on
July 28th, claiming that the Henrys have answered their charges with a written refusal to comply and failed to address any of the issues of their complaints, including the graffiti. Their claims of the Henry's refusal are based on a lie, easily proven by dated photographs and video. Based on the lie that the graffiti was not abated, the City is asking the District Court for a Writ of Assistance to enter the Henry’s property by force of the Oklahoma County Sheriff and asking for what is in essence a "General Warrant” to search the property for compliance of cited issues and for discovery of further issues.
Think about that for a moment. Graffiti on a fence seems to give the city the idea that they have a right to invade private property on a witch hunt for more code violations by which they can fine, force removal of private property or jail the property owner under the protection of the county Sheriff's office.
General Warrants are the very reason that the 4th
Amendment was written.
The Henry’s have retained counsel to rebuff the City in this assault on the property rights of us all. Many of the neighbors were bullied into allowing code enforcement onto their property because they lacked the knowledge of their rights or feared further abuse.
The City is behaving as a bully, and knows this filing in a higher court will require the presence of an attorney. The Henry's have managed to find an attorney interested in defending the case on its merits, and he is working at a discounted rate, but his work is not possible without costs. Charles is disabled and has enduring a long and debilitating illness. Julie Henry, for the last eight years has been the sole income source, but in April of 2015 was injured in a serious wreck which left her partially disabled with no income. By the grace of God and the help of family and friends, they have managed to keep the bills paid, the lights on and food on the table, but not much else.
Home-ownership is supposed to be the American dream, a place of security and peace. When that dream is violated, especially by unlawful means by the very government sworn to protect it, we all suffer. The Henry family humbly asks for your assistance in defraying legal costs, in the interest of furthering the understanding of The City of Oklahoma City in their boundaries and the protections of our rights under US law.
Friends, this is an opportunity to help someone brave enough to fight an injustice. Please do what you can to contribute to this worthy effort, and perhaps it will cause a re-evaluation of such misguided efforts going forward. Thank you in advance for helping out my friends and this cause...
Steve
Charles and Julie Henry have lived in SE OKC for about 20 years in one of the oldest neighborhoods in the city. The majority of the neighbors are homeowners, most are low income, some disabled and a few speak little English. For the most part, it is a quiet, simple neighborhood.
Each year in the springtime two things typically happen: the neighborhood gets hit with graffiti, and the city makes a code enforcement sweep for clean up. The City’s response to graffiti has traditionally been the same as the Henry's – to cover the work immediately in the interest of discouraging the vandalism, even on private property. The City has changed its legal approach to this vandalism. They will no longer paint over the graffiti themselves should a homeowner fail or be unable to do it and has instead made the act of the vandal into a crime by the property owner so we are victimized twice.
In March of this year, the annual fence painting vandalism occurred, and after so many years of
painting over that graffiti, the Henry’s had finally run out of paint. While waiting a week for money to buy paint, the City’s annual sweep was made and noticing the graffiti, the City’s code enforcement inspector stopped to make a citation to demand the fence be painted, but then chose to use his camera as a periscope to inspect the Henry’s property within their privacy fence, noting various minor violations to city ordinance and issuing citation for each. When confronted with the invasion of private property, the code enforcement agent falsely claimed to have “right of easement” to be on the Henry's
property. Charles informed him that a warrant would be necessary for searches and photographs of the property. The agent quickly vacated, but not before leaving a long list of citations.
(NOTICE THE TIME STAMP ON THE PHOTOS)
The Henry’s complied with the order to cover the graffiti, and answered the rest of the complaints with
a demand that the City not proceed with those other complaints, citing appropriate U.S. Supreme Court
rulings to show the City that their inspector’s search had violated the 4th Amendment to the US Constitution and therefore their case had no merit. Almost two months passed with no further comment from the city.
Rather than summoning the Henry’s to appear in the City’s Municipal court, the City ignored the Henry’s legal response. Instead, they filed a case in the Oklahoma County District Court, to be heard on
July 28th, claiming that the Henrys have answered their charges with a written refusal to comply and failed to address any of the issues of their complaints, including the graffiti. Their claims of the Henry's refusal are based on a lie, easily proven by dated photographs and video. Based on the lie that the graffiti was not abated, the City is asking the District Court for a Writ of Assistance to enter the Henry’s property by force of the Oklahoma County Sheriff and asking for what is in essence a "General Warrant” to search the property for compliance of cited issues and for discovery of further issues.
Think about that for a moment. Graffiti on a fence seems to give the city the idea that they have a right to invade private property on a witch hunt for more code violations by which they can fine, force removal of private property or jail the property owner under the protection of the county Sheriff's office.
General Warrants are the very reason that the 4th
Amendment was written.
The Henry’s have retained counsel to rebuff the City in this assault on the property rights of us all. Many of the neighbors were bullied into allowing code enforcement onto their property because they lacked the knowledge of their rights or feared further abuse.
The City is behaving as a bully, and knows this filing in a higher court will require the presence of an attorney. The Henry's have managed to find an attorney interested in defending the case on its merits, and he is working at a discounted rate, but his work is not possible without costs. Charles is disabled and has enduring a long and debilitating illness. Julie Henry, for the last eight years has been the sole income source, but in April of 2015 was injured in a serious wreck which left her partially disabled with no income. By the grace of God and the help of family and friends, they have managed to keep the bills paid, the lights on and food on the table, but not much else.
Home-ownership is supposed to be the American dream, a place of security and peace. When that dream is violated, especially by unlawful means by the very government sworn to protect it, we all suffer. The Henry family humbly asks for your assistance in defraying legal costs, in the interest of furthering the understanding of The City of Oklahoma City in their boundaries and the protections of our rights under US law.
Friends, this is an opportunity to help someone brave enough to fight an injustice. Please do what you can to contribute to this worthy effort, and perhaps it will cause a re-evaluation of such misguided efforts going forward. Thank you in advance for helping out my friends and this cause...
Steve
Organizer and beneficiary
Steve Dickson
Organizer
Oklahoma City, OK
Julie Henry
Beneficiary