Preserving Marriage, Protecting Families

PRESS RELEASE
Monday, August 10, 2009

Contact: Stephen Pidgeon, Phone: Telephone (425) 605-4774   

R-71 Campaign Requests Emergency Hearing to seal names of donors 

Protect Marriage Washington has submitted a letter (see below) to the Public Disclosure Commission to grant an Emergency Hearing and to otherwise seal the names of donors to the R-71 campaign as a result of threats of violence, including Bellingham, Washington resident John Bisceglia's nationwide inciting to use violence against churches, government property, and ALL of those working on the R-71 campaign.  He goes so far as to urge people to get guns and kill.  Protect Marriage Washington has not as of yet received a response from the PDC.

August 6, 2009
  
Public Disclosure Commission
711 Capitol Way, #206 
PO Box 40908 
Olympia, WA 98504-0908
 
RE:  Request for an Emergency Hearing for Suspension or Modification of Reporting Requirements - Donors to Protect Marriage Washington and the R-71 campaign
 
Dear Commissioners:
 
I represent the interests of the Protect Marriage Washington, the organization that has spearheaded Referendum 71 ("R-71).  Protect Marriage Washington is now making a written request for an Emergency Hearing for Suspension or Modification of Reporting Requirements, and asking that any disclosures made prior to any hearing be held under seal..
 
The reason for the emergency request is because of recent threats levied by opponents to the measure against the lives and property of principals involved in this Referendum at any level.
 
On August 3, 2009, the following threat was retrieved from the website Queer Equality Revolution http://gaytaxprotest.blogspot.com/2009/08/gays-who-make-sense.html, blogger and Bellingham, Washington resident John Bisceglia making the following threat:
 
"I advocate using violence against the property of ALL of those who are working tirelessly to HURT my family; starting with churches and government property.  Government is enabling a vote on whether or not I "should be allowed" to see my husband [sic] while he is dying in the hospital - any NORMAL man would be driven to get a gun and kill those who tried such evil cruelty against his loved ones."
 
This matter has already been referred to the FBI, because on its face is the incitement to use violence against potentially the Federal Courthouse in Tacoma, and a Federal Judge (and may include a threat against the PDC, the Secretary of State and so on). This is a true threat to the lives and property of those people who support the referendum process - in this case, to validate the actions of the state legislature to modify 201 statutes in a single bill. 
 
The state of Washington has defined true threats:
 
A "true threat" is a statement made "in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted . . . as a serious expression of intention to inflict bodily harm upon or to take the life of [another individual].  State v Knowles, 91 Wash. App. 367, 373, 957 P. 2d 797 (1998).
 
The fear of harm aroused in the person threatened and the disruption that may occur as a result of that fear are some of the reasons why true threats are not protected speech.  [Citation omitted].  That fear does not depend upon whether the speaker in fact intends to carry out the threat.  For this reason, we hold, along with the vast majority of courts, that the First Amendment does not require that the speaker intend to carry out a threat for it to constitute a true threat.  State v. Kilburn, 151 Wash. 2d 36, 46, 84 P. 3d 1215 (2004).
 
According to RCW 9A.46.020, a person is guilty of felony harassment if they threaten to kill a person without lawful authority.  A reasonable person would take the statement about getting a gun and killing people who support R-71 as a true threat. 
 
Given the scope of the threat to include "ALL of those" working with the R-71 project, Protect Marriage Washington now seeks an Emergency Hearing to Modify Reporting Requirements to redact or otherwise seal the names, occupations and addresses of those persons and entities required to be listed on form B, form C3 and form C4. 
 
Attached as Exhibit 1, please find the website posting of John Bisceglia as referenced above.  Attached as Exhibit 2, please find an additional posting by John Bisceglia naming Gary Randall and Larry Stickney as the recipients of Bisceglia's anger and harassment.  We note that the threat set forth above is also an incitement to violence by others.
 
In addition, there have been clear threats by whosigned.org to intimidate voters and prevent signatures.  The Secretary of State's own website posted the following:
           
Spokesmen for the new project [whosigned.org] say they want voters to think twice about signing the petitions and that opponents of R-71 should be able to talk with their neighbors and townspeople who signed to explain the ramifications. 
http://blogs.secstate.wa.gov/FromOurCorner/index.php/2009/06/who-signed . . .(The Secretary of State may have removed this link).
 
Here is another threat:
 
"whosigned.org will fix YOUR little red wagon.  We [meaning whosigned.org] shall boycott the businesses of EVERYONE who signs your odious, bigoted petition.  Rest assured of THAT.  Father Raymond Superior (retired), Community of the Resurrection."  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Here is another threat:
 
"You [sic] better stay off the Olympic peninsula.  It's a very dangerous place filled with people who hate racists, gay bashers and anyone who doesn't believe in equality.  Fair is fair."  This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 
Pursuant to RCW 42.17.370, commission shall find that a manifestly unreasonable hardship exists if reporting the names required under 42.17.341 "would be likely to adversely affect the competitive position" of the entity filing the report.  There can be no question that death threats, threats to destroy property, threats to kill with a gun, and the inciting of violence in national blogs against named supporters of R-71 are "likely to adversely affect the competitive position" of R-71 proponents. 
 
Given the possibility of the commission of serious crimes resulting from the publication of the names of the donors supporting R-71, Protect Marriage Washington furthers seeks written confirmation from your office that any names and addresses required to be disclosed on forms B, C3, and C4 will be sealed from public disclosure until such a time as the Commission can hear this request.
 
We look forward to your response.
 
Sincerely,
 
Stephen Pidgeon
Attorney at Law, P.S.