[Vision2020] Atheist Acquitted of Disorderly Conduct

Tom Hansen thansen at moscow.com
Mon Dec 6 14:07:27 PST 2010


Atheist activist and videographer assaulted at Hawaii state capital for
objecting to senate prayer

Courtesy of Hawaii News Now at:

http://www.hawaiinewsnow.com/Global/story.asp?S=13569794

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Capitol protestor found not guilty
Posted: Nov 25, 2010 8:43 PM PST
Updated: Nov 25, 2010 9:38 PM PST

HONOLULU (HawaiiNewsNow) – The head of Hawaii Citizens for the Separation
of State and Church has been acquitted of a disorderly conduct charge
stemming from his arrest while objecting a prayer being said at the
beginning of a state Senate session in April.

When Senate President Colleen Hanabusa introduced a reverend to say the
invocation, Mitch Kahle stood from his seat in the gallery of the Senate
chambers and said, "I object. My name is Mitch Kahle and I object to this
prayer on the grounds that it's a violation of the first amendment of the
constitution of the United States. I object."

Kahle's protest lasted about seven seconds. Then he stopped talking and
sat down. The Senate's Sergeant at Arms was determined to remove Kahle.
When Kahle resisted he was forcefully removed and roughed up. The incident
was caught by several video cameras including a camera belonging to Hawaii
News Now.

"Then what they did to add insult to injury was, they arrested him for
disorderly conduct," said William Harrison, Kahle's attorney.

"Their disorderly conduct (charge) was allegedly based upon his standing
up and in the senate chambers and voicing his opinion, which he as a U.S.
Citizen and a Hawaii citizen has a right to do," Harrison said.

After watching video of the arrest Harrison was sure his client would be
acquitted, and he was right.

District Court judge Leslie Hayashi needed less than an hour to find Kahle
not guilty.

"Number one, there was no disorderly conduct. Number two, he has a first
amendment right to speak in a public forum such as he did. And number
three, the legislature was violating our U.S. Constitution as well as the
Hawaii constitution by having these invocations," Harrison said.

Harrison thinks this case may be enough to convince law makers to stop
saying prayers during official state business.

"They make the law for the state, so they should recognize and understand
what our constitution says. And in fact the court did express very much
her (Hayashi's) concerns with regards to invocations in this public forum.
And so the legislature, the city council, any other public entity on
public property should be concerned and should heed the warning of this
court in its ruling," Harrison told Hawaii News Now.

In April Kahle asked the Honolulu City Council to stop praying at its
meetings, and it did. But Todd Apo has stepped down as council chair, and
Kahle said the prayer returned Monday, November 22, under new chairman
Nestor Garcia.

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Video of the incident:

http://www.youtube.com/watch?v=4h7ekCD6uE4

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho

"The Pessimist complains about the wind, the Optimist expects it to change
and the Realist adjusts his sails."

- Unknown




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