Reflections on the Republic

Letter to the "Leaders" of Miami regarding the abuse of Photo Journalists

2010-07-01T13:12:00.000-07:00

Dear Citizens, Candidates to Office, and Public Servants of the People of Metropolitan Miami,

In early days of our republic, Thomas Jefferson wrote, “I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.” These deep words pronounced by one of our nation’s founders, reflect the deep respect and love for liberty in our society. Unfortunately, since that revolutionary era fueled by freedom, we have sometimes strayed from those great American ideals. Today, all across our United States, actions by those who have taken an oath to uphold the constitution and guard our liberties paint a stark contrast to those great patriots of 1776.

Miami-Dade Count has unfortunately strayed from that path of liberty created by our founders. A culture of perpetual arrogance by those entrusted to secure the peace and guard liberty in our community is sickening. It is repulsive that such arbitrary interpretations of the rights of the citizens of Miami-Dade County is constantly used to abuse power, intimidate citizens, and deceive the public.

There is a lack of constitutional clarity, an ignorance of rights and procedure, and an oligarchy of governmental bureaucracy that fosters governmental ineptness. These traits breed disrespect and contempt for the deep ideals of liberty that our founders fought for. It is up to the citizens to remind those who have been entrusted to serve the public about their oath and obligations to the constitution.

My question to all of you who want to serve the public and take an oath to the constitution is, “will you stand up for civil liberties and the constitutional rights of the citizens?” This is a serious question. The trend toward authoritarianism is rampant in our community. There is a political and social culture brewing in our community at conflict with the American heritage of liberty. How many of you have even addressed this issue? Every day civil liberties are violated and every day we do not stand up for them a culture of authoritarianism and disrespect for constitutional rights grows.

The Miami Metropolitan area is no bastion of civil liberties. The trend in government is to have contempt for the rights and liberties of the citizens. The following is one example of many of one of an egregious attack on the civil liberties and rights perpetuated by the expanding flawed partnership between government and private contractors.

The focal point of this letter centers on the constitutional rights and liberties of citizens taking pictures in public places. There are endless decisions, cases, rules, and laws that have upheld the rights of these actions by citizens.

Please watch the full video of this abuse of authority and governmental support of ignorance by a private security company at the following link address:
http://carlosmiller.com/2010/07/01/we-were-permanantly-banned-from-the-miami-dade-metrorail-for-taking-photos/

There is no excuse and there can be no justification of police ignorance on the law. All across Miami, those who take an oath to protect our rights and liberties, rarely know our rights and liberties. This is shocking. Not only does this breed a culture of tyranny, social tension, and conflict in the community, but it subjects the tax payers to pay for endless law suits justly filed against a government that does nothing to correct the situation. This must end. We do not live in a police state we live in a constitutional free republic. The police state is 90 miles south of Florida. What will you do to end this abuse?

In Liberty,
Ricardo J. Rodriguez Vacas, Esq.
Citizen of Miami-Dade County

p.s. I leave you with this quote by Samuel Adams:

The liberties of our country, the freedom of our civil Constitution, are worth defending at all hazards; and it is our duty to defend them against all attacks. We have received them as a fair inheritance from our worthy ancestors: they purchased them for us with toil and danger and expense of treasure and blood, and transmitted them to us with care and diligence. It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer them to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.

Wacken-“Nuts”, the Guardians of Metro-Fail and the Banana Republic

2009-09-29T16:57:00.000-07:00

“The Constitution does not apply on Miami-Dade Metro-Rail Grounds.”

-Wakenhut Security Guard

Prelude

I would like to begin this reflection with a deep personal apology to all of you my fellow citizens of Miami-Dade County. I would like to apologize, because I have failed to serve you and our Constitutional Republic by not having passed the bar and thus having not been able to defend our constitutional rights in a court of law tackling the daily injustices that occur in our community (I state this every time I speak on the law to make very clear as a habit for protection. I am unauthorized to practice law and am merely stating my personal opinion and not giving any legal advice to anyone). To this moment, I have only been able to stand up for our rights outside the courts, for that I truly apologize. When the day comes where I am able to take that oath to serve in the courts, I will promise as Thomas Jefferson did, “to swear upon the altar of God eternal hostility against every form of tyranny over the mind of man.”

Background

Miami-Dade County via their Miami-Dade Transit Department puts out government contracts to improve our public transportation and issues out contracts for bids to companies. I work with for my family construction company. Today on September 28, 2009, along with a business partner, I visited five Metro-Rail Stations to photograph the potential job sites. These sites are “guarded” by the private security company, Wackenhut (whose contract has not been renewed for the future for the future). Five sites have yielded five interesting results from the people who set policy in the County, to the private security bureaucracy, and the individuals who interpret the “law” in their daily work of “security.” Their words spoken today regarding rights by those in government and those private companies which have been contracted on civil rights and liberties has been so shocking that I have found it necessary to share my experience with you all.

The First Stop: Smooth Sailing

In all fairness the first stop went very smoothly and pleasantly. It might have been due to the fact that I approached a Miami-Dade Police Officer who escorted me up to the Wackenhut guards and just simply repeated to them what I had told her: that I wanted to photograph the station for an upcoming bid for the Miami-Dade Transit System. At all times, I had in my possession the plans and contract book from Miami-Dade County stating the job description, locations, and purpose…I also identified myself and my intentions at every stop. The photographing of the first location was done smoothly and quickly with no issue, although I wonder now, if that police officer would not have walked up with me and introduced me to the Wackenhut security guards, would have had such a smooth photographing session?. Needless to say, everything went down hill from this first station and my constitutional right nightmare became worse.

The Second Stop: The Nightmare Begins

As I walked up to the second station, I was greeted by two power-tripping guards that quickly welcomed me into the reality of the horrors of governmental and private company unions and their insane bureaucracies. It is at this stop, where the debate and discussion on one’s constitutional right to photograph in public blossomed. I spent about one hour trying to get into the station to photograph the area. Out of my constitutional principal, I decided to challenge their claim that I needed permission and could not photograph the facilities. As I waited in front of these Wackenhut guards, I was on the phone being transferred from department to department until I was finally transferred to Eric Muntan, Chief of the Office of Safety and Security at Miami-Dade Transit. To be fair, he was very helpful and solved the issue at that particular station.

I spoke to Mr. Muntan for several minutes explaining the situation and heard his take on the matter. I was upset and quickly stated my constitutional right to photograph in a public place, which I had repeated to the guards, which they robotically denied by stating I had no right to film in a “private place.” I did not know that Miami-Dade Public Transportation Stations were PRIVATE! I guess anything is possible in America now.

Mr. Muntan was very respectful on the phone and contacted the necessary parties to inform the guards in front of me to let me in. Unfortunately, his order to the other stations never went through for some odd reason. That will be explained later.

Mr. Muntan informed me that the procedure for companies bidding for work is different when there are photographs involved and that I needed a letter from the County to be able to photograph these facilities (A procedure I fundamentally disagree with). He informed me that, I should have been informed about this requirement at the pre-bid meeting.

One problem, at the pre-bid meeting (a meeting for contractors to explain the future details of the job) this individual, the one that I was supposed to get a “permission” letter from, never showed up according to our representative. Moreover, the paperwork, books, and contracts were not even ready on time. It was a typical county disaster, unorganized and not very helpful. It was only after I spoke with Chief Muntan that I became aware of this so-called county requirement. I still have not found the county ordinance or policy regarding this limitation of freedom.

After I was done photographing, a guard that had arrived in the middle of my constitutional quietly asked me, ”so are you a lawyer?” I quickly told him that I had studied law but was not barred and thus not practicing law, as I stated above in the intro. I asked him, “Why do you ask?” He humbly answered me that he had just been stopped and given a $500 dollar ticket by a Police Officer right before he arrived at his security job.

My mind was contemplating the irony in this situation. He was visibly upset and “sad” because the “cop” had given him such a ticket but moreover, because of the actions by the police officer. This security guard told me he had previously been a police officer before for nine years (I assume in his native land) and that he had never treated anyone as he was treated by the police officer that ticketed him. He went to explain that the police officer told him he, “was just a fucking security guard,” and also that he ticketed him for not wearing his seatbelt…after the security guard took the seat belt off in front of the officer (apparently, I have found out that this is a common intimidation practice and abuse by police officers which give these bogus “not wearing your seat-belt” tickets in addition to their stops.)

After referring him to several ticket clinics, I told him to fight this and not let it slide that our rights are too precious to remain silent. I told him we must fight for our rights, and he quickly said he would not let this pass. It was an interesting reality on the cannibalism of the police world turning on each other. To the cop he was just a “fucking security guard.” Too bad all of us know “internal” investigations is a joke and a farce and that police accountability in the banana republic is just a term on a piece of paper.

The Third Stop: “Whatever Bro, I just don’t wanna get fired, we've got one month left.”

Following the previous encounter, I arrived at the third location, where I met a young Wackenhut warrior and a man with some County identification on his neck. I identified myself and purpose. They were laid-back, however, they did not receive the order from the high commander chief of security that was given earlier in the day (what a surprise!). I had no clearance to enter the zone to photograph. At this point, I was already tired and explained to them I would photograph from the “public” area because it was my constitutional right. I just clicked away from the distance with my zoom. The Wackenhut Warriors were apathetic since they informed me their jobs were over in a month, since their contract had not been renewed…wow, I wonder why?

The Fourth Stop: The Legal Scholar of the Wackenhut Warriors

At this point, I knew what to expect. Once again, I approached the station and introduced myself and explained myself. This guard appeared to be calm and wise, at least I thought based on his calm, non-emotional, respectful tone of voice. All that changed after he began talking about his “interpretations” on the law.

At this point, I was just so amazed and shocked that I wanted to hear more on his rationale. This guard had some of the best quotes of the day. Some of them are: “Miami-Dade Transit is not Public,” “The Constitution does not apply on Miami-Dade Transit grounds,” “The County Ordinances supersede the Constitution,” and the best justification for those lovers of the expansion of the police state…”9/11,” yes he said, “Now, after 9/11 your constitutional rights are different.” At this point, I was in shock that a Wackenhut Security Guard was stating this was the policy of the county and Wackenhut. He spoke with so much confidence and belief in the absurdities he was uttering that I said to myself, “This country is doomed.” This was a nice older man repeating unconstitutional, unfounded, non-statutory propaganda and made up law… Welcome to America.

The Fifth Stop: I am Ricky Rodriguez and I am going to take pictures now. Period.

After having put my friend/business partner through torture as we drove around the Republic of Miami, I told him, “do not worry, I will just photograph from the public entrance with my zoom…I can’t take any more stupidity.” So thus, I went into the final station.

I went directly up to the guards and started talking to them. I told them who I was, what I was doing, showed them my county contract bid book, and told them I was going to photograph from the public area. I did not wait for an answer at this point. I was fast and aggressive but calm and respectful in my tone. My presence was fast and did not seem to interrupt their group discussion. I did not give them a chance to offend our constitutional liberties with their comments. I quickly thanked them and waived goodbye. After this, I was in rush hour traffic bombarding my business partner with my opinions on the state of this nation…basically that we are doomed.

Conclusion: "Those who would sacrifice liberty for security deserve neither." –Benjamin Franklin

As I rode back, I was looking out the window into people’s cars and was telling the victim of my political tirade, how we as a people are responsible for what has happened to this nation. As I saw a mother taking her kids home from school, or an old man in his company truck return home from a hard day of work, or the endless number of people whose faces bore the concerns of making ends-meet at the end of each hard day… I wondered about a sad reality… what time do these people have to worry about liberty? The answer is very little, if none.

It is up to those of us, the few, and the passionate to keep the flame of liberty alive. Let us remember, that the American Revolution was born and bred by a minority of the population in the colonies. Although, we are once again confronted with the reality of a minority in the population that are truly aware of these constitutional issues we must educate and spread the message of freedom and liberty.

We must remain strong in the face of tyranny. The flames of liberty must not die out. We can only save this Republic one state at a time, and we can only save this state, one county at a time. If we the people of Miami-Dade County cannot even defend liberty and guard our constitutional rights here at home…how can we expect the flames of liberty to spread and retake this nation. Liberty is too precious to let it fail. Our Constitution is too magnificent to let it drown in a sea of tyranny. Our Republic is too important to let it fall.

Afterthoughts: The struggle continues

It is very likely nothing will occur to correct these abuses by those in power in the county, I can say I have satisfied my conscience in spreading the message of liberty. Although, I have had many failures in the past and have several imperfections, one thing I cannot let fail is our American Revolutionary Spirit. I am confident that will one day soon retake this nation back to its roots and glory. We have no one to blame but ourselves and we can place our destiny in no other hands but our own.

In Liberty,

Ricardo J. Rodriguez

2009-05-14T11:22:00.000-07:00

Reflecting on the upcoming political races and analyzing those candidates that have thrust their names unto the chessboard of politics, I have come to the conclusion that the vast majority of candidates are campaigning to the tune of the establishment. It is my opinion that few have experienced an epiphany of liberty.

What is this played out tune which candidates continue to feed the masses? Well, the trite empty slogans of fixing education, affordable healthcare, being tough on crime, lowering taxes, reforming government, and the endless slogans which sound soothing in general theory but have no real substance continue to plague political discourse.

What person, Republican, Democrat, Libertarian ,Independent or of any other political disposition is not for all these things? Why have we as a society limited ourselves to these subjects and structure of debate? Where is political dynamism and innovation?

These beautiful sounding slogans are propaganda and reflect a creative void and intellectual laziness that permeates the culture of politics in our community. We do not grow nor deepen the political culture of liberty be remaining stagnant and dwelling on these general themes of society.

While these themes are important, they are only the fruits of a tree. Beyond the fruits are the tree and its roots. We have neglected watering the soil of liberty which strengthen our constitutional roots that make our Republic bloom. Our nation and its states are thirsty for liberating waters, restless for the soil of peace, and the sunlight of justice.

There is one obstacle to the restitution of the once glorious and strong tree of liberty.

That is the strangling weeds of government.

What is government? Simply put, government is just a body of citizens like you and I that belong to a protected well formed and organized structure. There is a de facto governmental social class. Thus, those in this class, have a secure structural system which is their livelihood. Government is alive and like any living thing it has a natural instinct to survive and grow. The livelihood of the members governmental class depends on the continuance of their power structure. The minute their structure ends is the minute their world comes crashing down.

This is what has occurred and is continuing to occur. Government ( The governmental social class ) must do all it can to protect itself and its sources of existence. Just as mankind must defend itself and secure its survival and with time expand its influence, so too does the government act its evolution.

Our founding fathers knew this very well and enacted a constitution to limit the government as it grew. They also gave us a constitution to remind the society which had created this new living ruling and evolving class that the existence of government was born of free people, regulated by the people, and for the service of the people. Government's role was to be for the service of the people and in a very limited scope.

At the core of this foundation, which is our constitution, was the idea that we have unalienable rights that come from the natural law and that government is subject to these rights and not above these rights and liberties.

Since humankind may suffer at times from a weakness in will, this deficiency leads some in government to journey away from the path of promise. Once again, our founding fathers knew this. They gave us the map, which is the constitution, in case we as a nation ever got lost or wandered away from the path of liberty.

Today, our government reflects a sad weakness in will and a departure from the creative revolutionary ideas of liberty, freedom, justice, and peace that our founding fathers once proclaimed.

Luckily, all is not lost because in this human cycle of weakness there is always a renaissance where strength emerges and a new hope is born.

Rekindling the flame of liberty is what will light the American Nation and Restore the Republic.

We can only light the fire of freedom by once again returning to our roots by breaking the empty rhetoric of propaganda, by become creative political social thinkers, and destroying the establishment which has hijacked the nation off its constitutional path of liberty.

We must Restore the Republic one State at a Time.

Now, I turn to where I started. Candidates, no matter how friendly, popular, or well dressed, have failed to address any of the fundamental pillars of our Constitutional Republic and State.

Continued rhetoric to the tune of the political establishment has drowned out the voice of liberty.

Where are the candidates when it comes to civil liberties and constitutional rights?

The answer is sadly no where.

Once again, laziness and perhaps a fear to take on the political machine and establishment has bred a field of candidates lacking creativity and the revolutionary spirit held by our founding fathers.

Election after election government has grown and the citizens continue to be separated from the structure of power. There are the governed and the governors.

There is a troubling gap between the citizenry and the political social class, which is the establishment. The establishment and power structure protects itself, grows itself, and will do anything to maintain its survival.

The problem is that the establishment is operating in its own world and its survival has become more important than the Constitution, the Republic, and our American Roots.

To give a concrete example of this critique I ask many questions. Where are the candidates when a photograph journalist is arrested, thrown in jail, roughed up, and forced to undergo a tedious and traumatic journey through the corrupt justice system?All for exercising his 1^st Amendment right.

Where are the candidates when there are threats to take away the arms of lawful citizens by hidden legislative?

Where are the candidates when there are illegal checkpoints, searches and seizures, and blatant violations of our 4^th amendment by the ever troubling police state?

Where are the candidates, when we as citizens are losing our state rights and responsibilities which are usurped by the federal government?

Where are the candidates when the people are not allowed to question and know information about their government and the actions they do?

The list goes on and on and yet civil liberties are ignored and the constitution is disregarded.

Liberty is drowned out to the choir of the establishment which throw at us the citizens the same old campaign slogans of, “no new taxes,” “toughness on crime,” “educational reform,” and so on.

Every election cycle candidates use the themes of change and a new face and yet offer no new creative or revolutionary American constitutional solutions.

It is time for the creative revolutionary American patriots and citizens who want to Restore the Republic, unite as our founding fathers once did, and fight tyranny drowning out their chorus of confusion with the song of liberty.

It is our turn to fight back. It is us versus the machine. The citizens versus the political social class establishment. The free versus the tyrants.

Together we can Restore the Republic One State at a Time.

In Liberty,

Ricky Rodriguez

"I would remind you that extremism in the defense of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue."

- Barry Goldwater