Friday, May 6, 2005

Neal & Melissa Seaman

Phone: 843-716-0511, email: Neal(at)PublicRights.org
Issue Website: http://PublicRights.org/Kennesaw

Mr. Mobley, Loris Town Administrator
4101 Walnut Street, Loris, SC 29569

RE: Overview of the Kennesaw Ordinance, Castle Doctrine and Force-to-Force

Mr. Mobley:

One week ago, I spoke to Mayor Stoudenmire to arrange a sit-down with the City Council and Department of Public Safety Commission to get these ordinances on the table for discussion and a vote. When I did not hear back, I contacted you, and you instructed me to bring you a letter with the information. If you or the Mayor decide not to pursue these ordinances, I need the procedure for getting them on a referendum for a vote from the people.

Since you did not specify how long to make this overview, I have made it brief. I am also enclosing a format for a speech to be presented to the Loris Merchant's Association and other businesses and residents in the Loris area (if this agenda comes up for a vote by the Council, etc.). This format will also be used for future press releases and public service announcements. I am willing to discuss any points about this issue face-to-face for your further understanding. Please visit our website for the full details: http://PublicRights.org/Kennesaw.

The Kennesaw Ordinance (adopted March 1982):

Marion P. Hammer, Executive Director, Unified Sportsmen of Florida, said: "Existing law is on the side of the criminal. The new law is on the side of the law-abiding victim. To suggest that you cannot defend yourself against a rapist who is trying to drag you into an alley or against a car jacker who is trying to drag you out of your car is nonsense. The ability to protect yourself, your children, or your spouse is important, no matter where you are." In short, it gives rights back to law-abiding citizens and forces judges and prosecutors to focus on protecting victims.

On March 23, the Florida Senate passed SB-436 "Castle Doctrine" by a vote of YEAS 39 : NAYS 0.

On April 5, the Florida House passed SB-436 "Castle Doctrine" by a vote of YEAS 94 : NAYS 20.
On April 26, Florida Governor Jeb Bush signed SB-436 "Castle Doctrine" into law (Chapter No. 2005-27).
It takes effect October 1, 2005.

Below, the Florida references are crossed out and our SC State Constitution can be applied. We have a stipulation in our State Constitution that specifically addresses the right not to retreat from our own homes. This would be applicable to the new ordinance, using the Florida law as a basis. Strike throughs denote where changes have to be made to coincide with our Constitution:

The town of Kennesaw parallels other small towns in rural America in crime problems, yet is even more akin to Loris than other towns. Kennesaw had the following problems:

1. They had an extremely small police force with no extra money for cars, to increase the police force size, or pay overtime. Kennesaw police could not be everywhere all the time, nor handle the influx of crimes. Even if they could afford the manpower, police are a small deterrent because crime happens too fast (police are there for clean-up work). In Loris, we have an escalating crime problem that city officials and police can not solve. If Loris really starts to expand, we are going to be in more trouble than we are now.

2. Kennesaw is just north of Atlanta. Four major roads intersect in Kennesaw - a perfect situation for hit-and-run thieves, transients, and criminals who were using Kennesaw as a jumping point. We have the same situation here: Crime comes from North Carolina, Green Sea, Conway, and Routes 22 and 701. There are many ways in and many ways out. Loris is deemed a "safe zone" by the criminal element, just like Kennesaw before the ordinances. Even worse, Loris has the "bottom" and mini-"bottoms" throughout the Loris area for criminals to hit and run and use their friends' residences as safe houses.

3. Like Loris, Kennesaw's population was mainly lower income levels (poor, low middle, and middle class). Raising taxes was a sensitive subject, and getting money for police expansion was an uphill fight.

Putting these ordinances in place is a Win-Win situation for Loris and its residents. What does the Kennesaw ordinance (with the added Castle Doctrine and Force-to-Force) offer Loris:

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1. With the advent of these ordinances, you will see a significant drop in crime (in the first year, anywhere from 70%-90%, and decreasing down to single digits - no matter how big the population gets). Kennesaw's crime stats are in the basement - 23 years after instituting their ordinances - without using or increasing taxes and without increasing the police force or adding overtime. Just implementing the ordinances created this positive situation.

2. You will see a community coming together, because now they are part of a plan for everyone to be safe. You will see a greater pride in the community outlook.

3. You will see tremendous population and business growth, because now you have something to offer the public: a government that supports the safety and rights of their citizens. Kennesaw grew over 325% in 20 years and is still growing Loris is growing at 1.7% per year). Kennesaw is now building a metroplex for the local and incoming businesses. The only item that has not grown in Kennesaw is the crime!

4. Property values will skyrocket and bring a more affluent class of citizenry. New citizens will defend and respect Loris and have a more neighborly attitude. In Kennesaw, the citizens know they make a difference and that they are responsible for their families' and community's safety. They feel actively involved. From everyone I have spoken to in Loris, this feeling is not here at this time.

5. New businesses will come in and the businesses here now will grow, because the population will grow. It has to happen - the increased population will have to have their service needs met.

6. Our streets and suburbs will be safer, because bad guys want as little resistance as possible, and they do not want to die. It is easier for them to go to neighboring towns to commit their evil.

7. These ordinances will not cost the city, businesses, or citizens a dime. In fact, they will save everyone money, because there will be less trouble. There will be less police costs, less hospital costs, and less court costs. It will save the citizens money from insurance costs, theft, and hospital bills.

8. The criminal population will move out. Loris will not be safe for them anymore.

9. The Umbrella Theory works. Even if someone opts out of this ordinance, criminals never know who opted out, and they do not want to take a chance by breaking into the wrong store or home. The citizens and government are together, taking a stand!

10. Kennesaw has the fourth lowest crime rate in the country. Their population has expanded over 325% in 20 years, and, although it was not reported in the major media, people are moving to Kennesaw in droves because of the safety ordinances initiated by the Mayor and the City Council. Kennesaw's population is over 25,000 while Loris is 3,000 approximately and Kennesaw is 50% below the country's crime index. Loris is twice the national crime index, and it will not be getting any lower because our present system has failed. Our crime containment system does not work.

11. It is a known fact that police have no legal duty to prevent crime or protect the victim. There have been over 10 various supreme and state court cases regarding this issue, and the individual has never won. Notably, the Supreme Court stated: "You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980s when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole." And: "It is well-settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen has received death threats and the police have negligently failed to provide protection."

Example #1: There are three homes on a block (or three towns in a county). Two homes (towns) have no signs; one home (or town) has a sign posted. The sign states: "If you are coming in to do us harm, know that we are armed and ready, and you stand the probable chance of going out in a body bag." Where do you think the criminal is going to go: the homes (or towns) without the signs, or the home (or town) with the sign? These ordinances are that sign.

Example #2: Pretend you are a criminal with a criminal mindset. You are casing a house (or store) to rob. One house (or store) has a sign: "We are armed and ready for you; our government and neighbors are backing us up; we do not retreat, and do not tolerate being abused, robbed, raped, or killed." The other house (or store) has no sign. Where, as a criminal, are you going to hit?

Mr. Mobley, the Kennesaw Ordinance is entirely unenforceable. There is no way of tracking who opts out or who supports it and who does not. Even with the unenforceability of these ordinances, the government and the people supporting the ordinance shows a united front. It sends an extremely clear message: Move on, do not live here, do not use our city as a urinal, do not attempt your dirty business in Loris, we will not tolerate it.

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Just my personal opinion...

When I see check cashing establishments springing up;

When I see people loitering and spilling into the streets on a regular basis in specific ghetto areas (I also wish to comment that many of my customers have commented on the Maple Street "bottom" situation);

When I see singlewide trailers crammed into lots and in disrepair;

When I see people walking down main streets drunk and causing traffic problems;

When I see and hear people being harassed, threatened, and verbally abused at a Main Street gas station and those same harassers walk one block away and disappear on Maple Street;

When I find robbery is increasing and happening in supermarket parking lots in the open during the day;

When I hear "boom-cars" regularly disturbing entire neighborhoods - and victims are either afraid to complain or accept it because the police are powerless to help;

When I find that local crime stats have risen beyond the pale;

When I hear that people are afraid to drive down certain streets because of a known criminal element;

...then I know we have a problem!

These ordinances are not a "silver bullet," but after talking to many Kennesaw residents, they just do not seem to have what we have - a situation out of control with no end in sight. The citizens of Kennesaw and their Mayor, Department of Public Safety and City Council made a stand; and crime and its ancillary problems became manageable to the point where the citizens feel safe and in control of their town.

As a side note: To get more corroborating evidence for Loris, I contacted the Horry County Police Department, Statistical Division, but they do not yet have a system for mapping crimes in the unincorporated areas of Loris. They are working on it, but it might be three months before it is in place. I am trying to get some numbers to show that not only Loris proper is having a problem, but also the unincorporated areas. There were 35,000 police reports made in Horry County proper up to the beginning of this year, from one year running. (Approximately 1,500 of them cannot be clocked because of problems with addresses, etc.) I am sure that once the tabulations are in, you will see that our unincorporated areas are also infected with this scourge of crime.

As a parallel plan, I have telephoned Kevin Hardee and Paul Prince to get action in the Horry County Council to cover the unincorporated areas of Loris, and possibly get a countywide ordinance passed. Waiting for return calls to set-up meetings.

In conclusion, in year 2003, while the nation enjoyed a decrease in violent and property crime rates, Loris was one of the few towns that increased its crime index (FBI stats). In fact, South Carolina, being the third highest crime-ridden state in the nation in 2003, Loris even exceeded the states' rise in crime index for that year. Loris' life preserver for population growth, economics and crime control is the ordinances. We have lost the fight against crime. The system has failed. It is time to reanalyze our situation, regroup and chart a new course.

Neal & Melissa Seaman

**Since the letter was sent to LMA, we separated our business from this, email and web addresses are before the change