Claim filed against IMPD Chief on behalf of Cannabis Church Founder

IMPD Chief Rick Hite,
Gregory Ballard, Mayor of Indianapolis
Gregory F. Zoeller - Indiana Attorney General


RE: Notice of Claim pursuant to Ind. Code 34-13-3 et seq.

Name of Claimant: Bill Levin

Claimant Address: 3400 South Rural

Indianapolis IN 46237

Date of Loss: June 25, 2015

Loss Location: City-County Building, Indianapolis IN

Dear Sir or Madam:

Please be advised that Bill Levin is making claims against you pursuant to the Indiana

Tort Claims Act, Ind. Code 34-13-3 et. seq. On or about June 25, 2015, Mr. Levin sustained

personal injuries, including defamation, injury to his character and reputation, and suffered

emotional distress, as the result of defamatory statements made, by Indianapolis Metropolitan

Police Department Chief Rick Hite, during a press conference. Specifically, Chief Hite said:

“As Jim Jones once did within our state, he led a group of people into a place of no return. We

don’t want that to happen again in this state.” Jim Jones was a minister, originally from

Richmond, Indiana, who moved to Indianapolis where he started The People’s Temple. He

again relocated to California, then to Guyana, where over nine hundred (900) of his followers

died either by murder or suicide.


Chief Hite’s statements were defamatory per se in that he imputed to Mr. Levin’s

character the same or similar traits as those of Jones, one of the most prolific mass murderers in

history. Chief Hite made these statements with knowledge the statements were false or with

reckless disregard of whether one or more of the statements were false or not. The statements

constitute extreme and outrageous conduct that intentionally or recklessly caused and will

continue to cause Mr. Levin extreme emotional distress. The statements also were a slur to Mr.

Levin’s character and good name.


Chief Hite’s statements also constitute a violation of Mr. Levin’s rights, under the First

Amendment to the Constitution of the United States and Article 1 of the Indiana Constitution to

freedom of speech, freedom of religion, freedom of conscience, and right to assembly. An

action for violation of Mr. Levin’s rights, under 42 U.S.C. §1983 is anticipated. We are in the

process of evaluating damages in regard to that action.


The injuries Mr. Levin has suffered and will continue to suffer are injuries for which Mr.

Levin seeks monetary damages. The estimated amount of our clients’ damages to date is

between $25,000.00 and $50,000.00, though the full extent of the injuries, medical expenses, and

pain and suffering is not known at this time. The previously mentioned damage amount is only

an estimate and our client reserves the right to seek additional damages that may become

apparent in the future, up to the statutory limit. The undersigned currently represents Mr. Levin

and can be reached at 317.252.4800. Your prompt attention to this matter is appreciated.


Respectfully,

__________________________

Mark Small, 14656-49

Attorney-at-Law

1915 Broad Ripple Avenue

Indianapolis IN 46220

O: 317.252.4800

Melyssa Hubbard, Indiana Tea Party Founder to speak @LibertyFestNYC in October

October 10th & 11th

Liberty Fest NYC 2015

Indiana led #CulturalActivism Portrayed in National Media

Melyssa Hubbard & Spanking City Hall 

1. Indiana Tea Party, libertarian founded  -- Fiscal right

2. First Church of Cannabis, libertarian founded -- Social left

3. LGBT Anti-Discrimination/RFRA War, democrat led -- Social left

   

Indiana Tea Party Founder Celebrates with First Church of Cannabis

The love was palatable.  The joy was thicker than the humid July Indiana air.

#OneLove
#CulturalActivism

Melyssa Hubbard to Attend First Church of Cannabis - Her lawyer affirms 1st Amendment Rights in Letter to Prosecutor

June 29, 2015

Mr. Terry Curry
Marion County Prosecutor
251 East Ohio Street
Suite 160
Indianapolis IN 46204

Re:
Our client: Melyssa Hubbard
Dear Mr. Curry:

Please be advised that I represent Melyssa Hubbard. I write this letter in regard to the meeting
of adherents of the First Church of Cannabis (“Church”) planned for Wednesday, July 1.
I saw news footage of your and the Public Safety Director’s press conference in regard to the
July 1 event. I understand you and officers from law enforcement agencies, of competent jurisdiction,
will enforce the law. You mentioned, in your press conference, that such enforcement would include
the arrest of persons who do not possess marijuana, or have active warrants out, for visiting a common nuisance, I.C. § 35-48-4-13. I infer the basis for an arrest for visiting a common nuisance would be (1) the arrested person “knowingly or intentionally” (2) visited the building that presently houses the Churchand (3) persons intend to unlawfully use a controlled substance, in this case marijuana.

My client has spoken with leaders of the Church. It is her understanding that those persons
have advised any persons who intend to attend the July 1 event NOT to either bring, possess or
otherwise consume marijuana. One of the persons with whom she spoke is counsel for the Church.

Arguments of the merits of claims of legitimacy of the Church as a religion aside, the leaders
specifically plan not to bring, possess or otherwise consume marijuana to the event. Those same
leaders advise attendees of the same prohibition. If those are the plans and the instructions, my client is not knowingly or intentionally visiting a place for anything but her rights to free expression, assembly and exercise of her religion under the First Amendment of the United States Constitution.

She also will engage in exercise of her rights under Article 1 of the Indiana Constitution to worship (§ 2); the free exercise and enjoyment of her religious opinions and rights of conscience (§3); freedom of religion (§4);the right to free interchange of thought and opinion and her right to speak, write or print freely (§9); and her right to assemble (§ 31).

My client is an activist and published writer. She wants to attend the July 1 event for several
reasons, including as part of her next book. In a recent interview, published in Barcelona, of my client, my client stated her next book will be “about Indianapolis that will pick up after my first book’s final chapter, ‘The Diana Mythology’. Its backdrop will be the Masonic masculine and feminine symbolism of our city as Libertarianism, the Tea Party movement, Religious Freedom Restoration Act, and the First Church of Cannabis plays out against the rise of Goddess Diana archetype of InDianapolis. I plan to call the book ‘The InDiana’ Code’ and already own the domain.”

I understand your concerns for enforcement of the law. As I recall, when I took my oath on
June 9, 1989, and became a lawyer, I swore to uphold the laws of our State as well as the Constitution
of the United States and the Indiana Constitution. In this instance, the event coordinators, as well as
counsel for the Church, have stated they will not have marijuana at the event. Those persons also have informed would-be attendees, amongst whom is my client, that marijuana at the event is prohibited. If someone attends the event and violates the instructions from the coordinators of the event, then to arrest people who attend the event would constitute a chilling effect on the First Amendment as well as the applicable provisions of the Indiana Constitution.

In this light, I ask only that you reconsider your stated position to arrest for visiting a common
nuisance attendees, who themselves neither possess nor consume marijuana, if someone violates, by
smoking or possessing marijuana, the instructions of event organizers. If someone appears at the event with marijuana and is arrested, that person will have done so without either my client’s knowledge or intent. My client’s attendance of the event is based on legitimate reasons protected by our constitutions.

Sincerely,
Mark Small

LISTEN TO AUDIO INTERVIEW

I gave an in-depth audio interview with "We Are Libertarians" about my professional dominatrix practice, the politicians I know, how the skill set I honed in the dungeon was used to Spank City Hall, what Cultural Activism means and why it is the key to establishing our role as the dominant in our relationship with government. 

"Tea Party Crazy" tonight @ 7pm

You can look up this old pic of me if you want while I stream live with Chris Spangle and Greg Lenz on "We are Libertarians" tonight at 7pm. 

Can grief and forgiveness be harnessed to unite America across racial, political and social divide?

As a Christian, I am ashamed of myself sometimes at my failure to live Christ's love although I believe in the transformative power of forgiveness and his love more than anything.  I also believe that meditation and prayer, regardless of one's religious belief, is irrefutably transformational.

Dylann Roof left a witness to tell the world his act was being done to start a "race war". The murder of nine African Americans at a church prayer meeting in Charleston has our country on the brink of racial and cultural unrest unlike we've seen since the 60's.

However, here's something to ponder.  Dylann didn't state who would win the war, did he?  Can we turn lemons into lemonade?  Can we make their deaths create a transformational healing for our country?  Even in death, we can overcome.

I wouldn't have thought so until I saw the reports of forgiveness from those offended.  I was utterly moved by the beauty of his victims' last acts on earth to show Christ's love.  I'm further moved by the willingness of their families and friends to genuinely offer forgiveness as they struggle with their grief and loss.  Dylann said the love of those killed was so powerful he almost backed out of his plan.  What if that love was multiplied by millions?

Our country is on the brink with our people justifiably angry and hurt. Blame, born from grief and the need to disbelieve such a heinous act could happen, is being pointed at everyone. I'm guilty of blaming psychiatric drugs and the gun shop who sold a weapon to young man with a pending felony that included methamphetamines. I am also guilty of initially hoping, because he had many black Facebook friends, that he couldn't possibly be racist and was used somehow by a sinister force to murder.   

Upon reflection and prayer, I realized we have any number of options at our disposal in response.

1.  We can blame everyone but ourselves
2.  We can do violence in the name of revenge and unmet reparations
3.  We can call on politicians (who can't fix anything) to solve our nation's disease
. . . OR 
4.  We can collectively decide to heal and ask God/Universe/Jesus/Creator/Goddess/Buddah/Allah or whatever higher power for good with whom we personally connect for intervention.

God gave me an inspiration today.  I'm reminded of my favorite verse from Matthew, 7:7.

"Keep on asking, and you will receive what you ask for. Keep on seeking, and you will find. Keep on knocking, and the door will be opened to you." 

Keep on knocking.  Keep on asking. It's the first rule of sales.  It's also the best action to take if one wants to manifest reality in the physical dimension we share.   

I had heard of a meditation (prayer) group who brought together large numbers of people specifically focused in meditation (prayer) at Washington DC crime reduction, so I did a little Googling to find a report about the group.  They met repeatedly and their goal of a 25% crime reduction was achieved in eight weeks. 

PeaceDome.org reports: 

"The most well-known experiment of a group meditation for the well-being of others was the one conducted by the Transcendental Meditation programs in Washington D.C. in June - July 1993.  The theory was that if 4,000 practitioners of  Transcendental Meditation and the TM- Siddhi program meditated for a two month period their efforts would bring the crime rate down ten percent.  The crimes documented in this study were violent crimes including homicide, rape, aggravated assault, and robbery.  According to the data, the group began with about 600 meditators and increased each week.  It was not until the fifth week where the number of meditators increased to about 2500 that the crime rate began to decrease significantly (6%) and continued to decrease as more and more meditators were added.  By week 7 there were 4000 meditators and the crime rate had decreased by 16% and then to 24% by the end of the eighth and final week.  Their findings were that with the increase in the numbers of meditators the more powerful the effect on the crime rate.  This decrease also lasted beyond the time of the study. The TM people have conducted similar projects in the United States and in the world with similar results.

I don't believe this positive effect of meditation on societies is solely unique to the Transcendental Meditation groups.  I believe that all people who whole-heartedly want to improve the quality of life for all when meditating together can have the same result.  According to the ratio given by TM for how many people in a population can effect a change, with the world having now reached 7 billion people one percent of the world's population would be 70 million people, and the square root of 1% would be 8,367." 

Why should we escalate a bloody racial war that a mentally ill racist wanted?  Will we let him have his way or are we going to transcend it and build a better world instead?

City by city, we can build and focus weekly together.  Every person in America who is committed to ending racial divide and all the hurt that goes along with it, can simply stop what we're doing once a week for five minutes to collectively meditate (pray).  Imagine our mainstream media covering that!  Imagine how much stronger our meditation (prayer) will be with the help of social media.  Local media outlets would be all over it.  Trust me.  That's all it takes for us to change the conversation.  Cultural Activism!

It's our choice.  There's indication it works and it beats everything else we're doing. 

Who wants to help organize the Marion County Indianapolis focused group?  I would love it to be Reverend Harrison and Indy's Ten-Point prayer Coalition.  It can easily grow to become a millions-PLUS-point prayer coalition if we all come together.

Indy is the home to Indiana Black Expo, the nation's largest African American conference. Maybe, just maybe, it could start right here from America's HeartLand and ground zero of RFRA.  We need all to come together now more than ever and lay down swords and commit to peace. 

Let's come together and do this :)

Mely Hubbard