The city government of Lake Ozark has not rescinded the "Disturbing the Peace" City ordinance #2013-03 to my knowledge and as of the date of this writing. The current city administration and legal counsel have not seen fit to reverse an ordinance which is unconstitutional and is in direct conflict with the first amendment guaranteeing every American the freedom of speech. We must ask ourselves where do these folks derive the power to intentionally ignore the laws of the land and the very Constitution which by example affords them the authority to govern the little city of Lake Ozark? Do they, and by, "They" I mean, Mayor Johnnie Franzeskos, Alderman, Van Donsel, Buschjost, Neels, Otto, Browning and last but not least the incredibly inept (my personal opinion) City Attorney Roger Gibbons think they can simply ignore criticism and illegally infringe the rights of good folks living here or visiting our lake?
This city ordinance is important to everyone, if it stands it will empower the police of Lake Ozark to arrest virtually anyone they wish on nothing more than trumped up charges. For instance, if you are walking along the streets of Lake Ozark shopping and you say, "Damn it" after stubbing your toe, if anyone hears those words you can be arrested. If you and your friends are having drinks, watching a game at a local Lake Ozark bar and you cheer too loudly, disturbing some other bar patron after a touchdown this law provides that you can be subjected to arrest. If you step off of the curb into the street (even briefly blocking the path of a vehicle) to bypass a jam of people on the sidewalk, according to this ordinance you could be put in the Lake Ozark slammer. If you bite into a horrible hamburger at any Lake Ozark restaurant exclaiming, "What the hell, this burger tastes like crap" you are breaking the law according to these aldermen / Mayor / City Attorney. This may not have been the intent of the law but this ordinance grants overreaching illegal discretion to the authorities of Lake Ozark,
This may sound ridiculous that any city in America could have such outrageous laws on the books and yet.this is the law in little Lake Ozark. Though it seems incredible, in every example I have given above anyone committing those seemingly innocuous everyday actions could find themselves under arrest, incarcerated, shelling out money for bail, attorney's fees, paying court costs and possibly paying fines to the City of Lake Ozark! Not so funny now........ is it?
The City Government of Lake Ozark cannot claim they didn't know this ordinance was unconstitutional, I and others have told them in no uncertain terms it is in fact unlawful. These few temporary occupants of the city government of Lake Ozark have made a huge mistake and are willfully refusing to correct their mistake. Their stubbornness will cost the good folks of Lake Ozark their hard earned tax money if they do not immediately reverse this inexcusable, unlawful, embarrassing city ordinance.
Page 2 of 2 - I am asking that the Mayor, the Alderman and the City Attorney rescind this ordinance immediately. I ask that a representative for the city of Lake Ozark publicly announce by letter to the paper or paid announcement that they will rescind this mistake at once. The alternative is the filing of a complaint by me and / or other concerned citizens with the ACLU and ultimately a civil trial to undo this mess. This nonsense will result in unnecessary expenses to the city and the good folks of Lake Ozark. I say this should be settled by us without drawing any more attention from outside agencies. No one wishes to embarrass Lake Ozark, by the same token no city or city government is above the law of the land or the Constitution of the United States of America.