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Free speech lovers and supporters
This 3 Rivers thing has moved way past Hank Koch or Midlands NORML or marijuana. This is pure and simple constitutional, free speech.
If we don't stop this activity, there will be no stopping it. Nobody is more prepared or qualified to take on a fight like this than I am. I'm not afraid, and if they do anything to dissuade me it will only serve to strengthen my resolve.
It is imperative that you send a FOIA request to 3 Rivers and an application to participate in the festival. You don't have to do it through your chapter. You as an individual can send it. Following this letter is the FOIA request that I sent, which was also sent by the ACLU. Put your info where indicated and send it. Just a plain stamp is good enough.
Please get everyone you can to send one also. Every FOIA they receive requires a response under the law. They can refuse to honor it; you can appeal; they can refuse to grant the request for waive of fees; you can appeal; or, they advise you that they will need to charge you .30 per copy. If they do that you can withdraw your request. Your total out of pocket is 37 cents.
Here's something for you to ponder. When someone gets busted for drugs, they generally get the maximum sentence. To "send a message" regarding our constitutional right to free speech, I want to send a maximum message to those who dare to restrict the free speech that is protected under our Constitution. I want to make sure these people never try anything like this again, here or anyplace in this country. When any NORML chapter goes to apply to attend a festival, I want them so anxious for us to be happy, they will go above and beyond to be accommodating, and most importantly, respectful of our cause to enforce the very essence of our democracy.
Get lots of people to send the FOIA. Lets send a message, lets show these constitutional hijackers how powerful the constitution really is. With just a few key strokes we can teach them the fundamentals upon which our nation is founded with utter clarity.
I just found out, actually realized form emails I've gotten from chapters that have applied, that 3 Rivers is calling all of the NORML applicants to make sure the application came from them and that they weren't submitted by someone else. I haven't forged a note to my teacher since I was ten.
We have got to get thousands of people to send in applications. Get everyone you know, and them to get everyone they know, to submit an application and send in a FOIA request.
Download application from 3 Rivers site
http://www.3riversmusicfestival.org/vendorsmerc.html
Libertarian Party of West Virginia to read original message
http://www.lpwv.org/index.php?s=news&p=news&m=27
Hank Koch
President
Midlands NORML
***********************************************************************
Virginia Bedford
President
Three Rivers Music Festival
1511 Taylor St.
Columbia, SC 29201
(Your name here)
(your address here)
(date)
VIA CERTIFIED US MAIL
RETURN RECEIPT REQUESTED
Three Rivers Music Festival, and
Three Rivers Music and Heritage Foundation, and
Three Rivers Music and Heritage Foundation Board, collectively and severally, "3-Rivers"
FOIA REQUEST
Fee waiver requested
Expedited review requested
Dear FOI Officer:
This request is made pursuant to the Federal Freedom of Information Act, 5 U.S.C. § 552.
Definitions:
"3-Rivers" shall include, collectively and severally, Three Rivers Music Festival, and Three Rivers Music and Heritage Foundation, and Three Rivers Music and Heritage Foundation Board, and collectively and severally, all of its and their proprietors, owners, officers, shareholders, members, directors, successors and assigns, associates, affiliates, contractors, representatives, producers, editors, authors, employees, agents, legal representatives, licensees, and all parties acting under their permission, or with authority from them, or those from whom they are acting.
The "Relevant Period" shall be from April 1, 2003 to (current date)
Pursuant to the Federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all of the following documents and information that were made or in the possession or control of 3-Rivers during the Relevant Period:
1. Any and all business plans and project plans of 3-Rivers.
2. Copies of all documents reflecting the names, addresses and telephone numbers of all customers or exhibitors and prospective customers and exhibitors of 3-Rivers.
3. Copies of any promotional materials indicating the nature of the products or services sold by 3-Rivers.
4. Copies of any and all advertisements, public relations materials, press, news or media releases, brochures, newsletters, proposals, pamphlets, stationary, letterhead, business cards, radio advertisements, television advertisements and other sales and marketing materials ever produced, published or distributed by 3-Rivers that were in the possession or control of 3-Rivers during the Relevant Period, or any of its officers, employees, shareholders, members, agents, representatives and referral partners during the Relevant Period.
5. Copies of all documents in 3-Rivers possession or control including, but not limited to sales reports, memoranda, eMail, contracts, agreements, work product produced by or directed to any officer, shareholder, member or director of 3-Rivers.
6. Copies of customer and exhibitor lists, database records and sales information of 3-Rivers.
7. Any and all correspondence, notes, memoranda, recordings, documents, electronic mail, to or from 3-Rivers, including internal memorandum and electronic mail during the Relevant Period.
8. Copies of applications, contracts, agreements, including but not limited to reseller, partner, promoter or promotion agreements, sales information, and any and all correspondence between the 3-Rivers and any customer, exhibitor, vendor, contractor, promoter or any other person, agency, government entity, or private entity during the Relevant Period.
9. Copies of all corporate records of 3-Rivers., including the names, addresses and telephone numbers of all members, shareholders, officers, directors and employees, all minutes of member, shareholders and directors meetings, whether called by notice or otherwise, all minutes of all board of directors meetings, all advisory board meetings and the names addresses and telephone numbers of all investors, contributors and funding sources.
10. Copies of any and all audited and unaudited financial statements, accountant's notes, all federal, state and local tax returns, balance sheets, bank account statements, all cancelled checks, and other financial documents pertaining to 3-Rivers for the last three years.
11. Copies of any and all financing applications, business applications, account establishment applications and credit applications completed by 3-Rivers for the past two years.
12. Any and all documents, notes, memos, bills, orders, contracts, agreements, invoices, or any other writings pertaining to the agreements between 3-Rivers and any other party.
13. Copies of all orders and invoices for all supplies, stationary, business cards and all printed materials and supplies produced for 3-Rivers., its employees, officers, agents, sales and marketing representatives and other representatives.
Please waive any applicable fees. Release of the information is in the public interest because it will contribute significantly to public understanding of government operations and activities.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the Act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.
Please provide expedited review of this request which concerns a matter of urgency.
I am primarily engaged in disseminating information. The public has an urgent need for information about the recent change of policy concerning the participation of non-profit organizations in the publicly funded Three Rivers Music Festival. This need involves an impending decision to which informed members of the public might contribute through lobbying or other contacts with public officials and in these instances delay would simply rob the public of its ability to make known its views in a timely manner.
I certify that my statements concerning the need for expedited review are true and correct to the best of my knowledge and belief.
I look forward to your reply within 20 business days, as the statute requires. Should I not receive your reply by Thursday March 31, 2005 at 5:00 PM Eastern Time, it shall be considered your conclusive refusal to comply with this request.
Thank you for your assistance.
Sincerely,
(your name here)
(your phone number here)
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