The Declaration of Family
Rights &
The 'right' to know you're a parent!
We've had the Family Rights Act at
the site for review,
http://www.AKidsRight.Org/approach.htm
The "Declaration of Family Rights" was written to express
fundamental rights that need to be the basis of any Family Law
system (and certainly are not recognized at present!)
SIGN petition in support
As many of you the Family Rights Act is a big step. It would
fully recognize and protect the basic Civil/Human Right we all have to
be parents to our own children, and for our children to have BOTH
parents in their lives. Perhaps the introduction of a Law (even
at the State level), that directly addresses the concept of equality in
parenting might help. What better place to start than at birth?
Shouldn't biological parents have the "right" to know they have a
child?
John
Murtari, Group Coordinator, has been involved in discussion with
his member of the State Legislature (New York),
Assemblyman Robert
Oaks (click for his website). You can read
a complete history below. John has spoken with him in person several times and
also members of his staff. They are all very nice people, but
right now he feels there
would be strong political risk in such a Bill and will not introduce
it. I hope that through our positive efforts we can convince him
otherwise.
Obviously, in almost all
cases a mother knows that she is going to be parent and this Act hopes
to bring equality to fathers; however, as science advances we may soon
find the ability to take an 'egg' and bring it to term -- and perhaps
ignore the biological mother.
But remember, our group
goal is to ensure we are all considered Fit & Equal parents. The
discussion of this Act would help not only Fathers, but Mothers, and
also those who have suffered from false child abuse allegations. Why?
It will get people thinking about Family Rights and how those rights
should be recognized and protected.
None of the Act is
'proprietary' -- anyone is welcome to modify it and use it within your
state.
JOIN THE EFFORT: Let's help convince him and
other good people like him that the time has come. You are
welcome to call/write him (contact info below). We are trying
to find parents to join John (See schedule and
details below!). Help John when
jailed.
email: oaksr@assembly.state.ny.us
phone: 315-946-5166
write: Assemblyman Robert Oaks, 10 Leach Road,
Lyons, NY 14489
(click on photos for larger)Recent History (most
current info at top):
Your participation and support is invaluable -
click here for
an earlier message and check here for recent list
messages.
Email john at: jmurtari@AKidsRight.Org
As of March 12th, parents have contributed
$245.00 to help John with expenses. Thank you!
October 27, 2011 -
Jack Frost,
coordinator of the
Group New
York Father's 4 Kids, is organizing a Rally from Noon-2 PM
outside the offices of
Assemblyman Oaks in Lyons, NY (click for directions).
He'll be coming as Captain America and with other parents we
hope to convince Assemblyman Oaks that he should
introduce legislation that
promotes the right of both parents to know they have a child!
May 3, 2010 -
John and his attorney were ready for trial. His
attorney had put on notice an assistant DA that she might be called
to testify for the defense. John had alleged in a
complaint that a deputy had lied to a Judge during an arraignment (see
details on March 15th below) -- and this same deputy was to
testify at trial.
Before the trial began the ADA told the Judge
the County was "not interested" in prosecuting the remaining
trespass charges and moved for dismissal.
Thankfully, all done!
April 14th - There was an appearance in
Lyons Village Court, John's assigned counsel, Mr. Andrew
Correia (Wayne County Public Defender), did an excellent job in
arguing the two pending simple trespass charges (violations) should
be dismissed. He made it clear the "accusatory instrument" did
not even allege facts necessary for the crime. The DA argued
against dismissal (but gave no specifics). Judge Nicholas
Forgione refused to dismiss the remaining two charges stating he,
"wanted to hear from the police officers..." A
bench trial was scheduled for May 3rd.
March 31st - John was joined by two other parents from
the Albany area, Jack Frost
& Jeff (both shown standing in front of
the
Courthouse). They first went to the local office of
Assemblyman Robert Oaks and spoke for about an hour with his aid.
She listened carefully to both their stories and asked questions. It
was a worthwhile visit.
After that they
went to the Courthouse The initial plan was to quietly walk the
sidewalk in front of the building; then Jack & Jeff would leave the
area and John would resume his chalk writing activities as before.
In a surprise, building
security approached and said they could not walk on
that sidewalk -- they could only walk on the street side walk or the
police would be notified.
They did this for about 40 minutes. Jack &
Jeff then left the area and John started to walk in front of the
building (no chalk activity at all). Security approach
him again and said he had to leave or the Lyon's police would be
called.
John kept walking as the Lyon's police arrived
and entered the building. A while later two Sheriff's
vehicles also arrived. The Lyon's police then left with no
action. A while later a Sergeant from the Sheriff's office
told John they had "no problem with him walking in
front of the building," but they didn't want any more chalk
activity. He then left. John continued his walk for
about another 30 minutes and then left at 5 pm.
It was great to have two other
parents with me. I look forward to the day when I will
have both a Man & Woman with me willing to take chalk, risk
arrest, and write "I LOVE MY KIDS" outside this building and
others. As today showed, once we learn to stand up for our
rights and our dignity -- other people will respect it also. But
it starts with us!
I had to suspend my activity
because I was just running out of money to support myself...but
I plan to resume by late July!
March 15th - John filed a
complaint both with Wayne
County Undersheriff Richard House and
Wayne County DA Richard Healy
regarding alleged lies told by a Deputy during his arraignment
on Feb 18th. In a bit of a surprise, the very next day
he gets an acknowledgement signed by
the DA. About two weeks later he
got a response from the Sheriff's
office regarding their investigation of the incident. John
felt questions remained and
wrote another letter to DA Healy.
You can check the links above to
read the details. When I was arraigned the Deputy told the
Judge the DA wanted my bail set at $2500 (pretty high for a
little chalk!). He even confirmed who he talked to in the
DA's office. It was all made up and seemed so
unnecessary! Many of you have experienced the
same thing as you fought to keep a relationship with your
children -- this is one reason I feel so strongly that parents
have a right to jury of their peers and a unanimous verdict
(which is what any criminal gets).
Sometimes we misdirect so much
energy toward people that mistreated us: Judges, Lawyers,
Psychologists, Social Worker, and Police officers who either did
negligent jobs or actually were malicious in their duties.
Yes, they should be punished -- but, THEY ARE NOT the
problem with our Family Law System. When an individual
person has that much power over your life, these types of abuses
happen. That is why our Founding Fathers protected our
valued freedoms with a 'jury of your peers.'
We are all liable to petty biases
and a desire to short-circuit procedure to due the "right"
thing. Having to convince twelve people taken off the
street based on evidence presented in an open trial -- is a
pretty good barrier to abuse.
Mar 10-16th, 2010 - My assigned counsel, Mr. Andrew Correia,
expressed his frustration to Judge Forgione regarding the failure of
the DA's office to file a response to his two motions for dismissal.
He asked the Judge to grant the motion, especially since an almost
identical motion had been granted back in January on four other
charges. The Judge wanted to talk to the DA's office before
doing that, the matter was adjourned again until April 14th.
On the 16th the DA filed a response,
agreeing to dismiss all the graffiti charges, only the two trespass
charges remained.
Feb 23-24 - After six days in the Wayne
County jail John was released the day before his court date.
Many people in the group had written and
called officials on John's behalf -- it was appreciated!!! There was a court appearance
on the 24th.
A two week adjournment was granted to give the DA's office more time
to determine their response to a
second motion for dismissal. Next
date is March 10th.
Feb 18, 2010 - There was a
Wayne County Board of Supervisors meeting scheduled for 9AM in the old Courthouse
(adjacent to the new where prior activity occurred). John left his "Mr. Oaks - Help Family Rights" message on the wall near the front door
and then quietly walked up & down the sidewalk as members arrived. John was arrested
and had his bail set at $2500. His next court date is Feb
24th. Click
here for more info.
Feb 17 - New York state
Assemblyman Robert
Oaks is meeting with members of the public in Lyons. John
has a time scheduled at 1:30 pm and you are welcome to attend.
Please
contact John.
Click here for a map to the Town offices.
Feb 10 - John appeared in Village Court
and his assigned counsel, Mr. Andrew Correia,
submitted a motion to dismiss the
charges on insufficiency. The DA's office was not certain on
their response and a two week adjournment was granted. The
next court date is Feb, 24th.
Feb 8th - In a surprise, John was
released a few days before his Court date. Many people
in the group had written and
called officials on John's behalf -- it was appreciated!!!
Feb 3rd - A front page story appears on
the Wayne County Star, a regional paper.
Click here for a copy of the story.
January 28th
2010 -
More
at a story on Examiner.Com
January
27th - There was a
Wayne County Board of Supervisors meeting scheduled for 9AM in the old Courthouse
(adjacent to the new where prior activity occurred). John left his "Mr. Oaks - Help Family Rights" message on the wall near the front door
and then quietly walked up & down the sidewalk as members arrived.
At about 9:15 a Sheriff's deputy
initially arrested him for Trespass, telling him he had no right to
be on County property to petition his Assemblyman.
His bail was set at $1000.00
Click here for some complete details on his arrest, thoughts on
jail, and upcoming court date on Feb 10th.
January
21st & 26th- John
returned to the building on both
days to continue efforts
for reform and added another message to the outside wall. He also
wrote
another letter to Assemblyman Robert Oaks asking him to please
take action of Family Rights issues. John included a photo collage
of the group efforts over the past few months. (click
here for full size image)
I had told
security last week, that I was willing to wash the stuff on Thursday
afternoon (since I would be done for the week). I went in today and
was told they hadn't gotten any instructions on cleaning yet. I
will be going back next Tuesday to resume.
January
20th, 2010 - John returned to the Courthouse and wrote "Mr. Oaks -
Help Family Rights" in much bigger lettering with kid's chalk and
next went in and told security. He then spent about an hour outside
in silent picket before going home. The effort is scheduled to resume again tomorrow,
Jan 21st, outside the Wayne
County Courthouse in Lyons at 2PM.
January
19th - John
returned to the Courthouse, wrote "Mr. Oaks - Help Family Rights" on
about 7 different areas on the outside walls with kid's chalk and then went in and told
security.
People ask me how I can
keep doing this. It's pretty easy when you consider the
indignity I have been through. FIRST, I've been very fortunate
to keep a strong relationship with my son -- that is something so
many parents lose and any parents nightmare (I should 'give back' by
trying to help others). SECOND, I've
struggled with a child support
disaster. I live in a rural community and have had my license
suspended for over a year, forced to walk. I hope to get some
justice from an Appellate court as I
make a
motion to have it restored.
January 12th, 13th, & 14th -
John returned to the Courthouse, wrote "Mr. Oaks - Help Family
Rights" in a different area each day. He then went in and told
security.
On Thursday, the 14th, I
knew I wouldn't be back later in the week -- so I went in a told
security that if they gave me a bucket of water & a brush, I'd
remove the wall writing that had accumulated over the week.
They told me not to worry about it. I plan to do a bit
more next week.
Back in
November, John had written a plea for reform
to his local Assemblyman, Robert Oaks -- still no response.
January 6th, 2010 - All four
pending charges are dismissed. John's assigned counsel, Attorney Ms. Denise Munson, has done an
excellent job in advocating for his rights as a defendant.
She submitted a very effective motion
(text) quoting good case law and asking for dismissal of the
four pending charges based on the idea that "chalk can't damage" and
there was no "intent to damage". The DAs office concurred with
the motion and also agreed with dismissal.
I was very happy
with the result. I had been ready to resume my activities on
the following week and having this decided first should make things
'simpler'. As part of what I can only call
'harassment/intimidation' the DA's office had earlier requested a
psychological examination over my competency to stand trial.
This was complete in early December and you are welcome to read two
reports by both a Psychologist and
Psychiatrist.
December 7th, 15th - Silent picket outside the Courthouse at 2 PM as
part of "Human Rights Week."
December 2nd -
John is on one of the largest Rochester radio
stations, WCMF-96.5 FM
He speaks to host Bill Moran on the morning "Break Room" -- click
here to listen to the interview.
This was setup the night
before. Mr. Moran had seen an arrest report for chalk in one
of the local
papers and thought it sounded strange. He contacted me and
setup the on-air interview. He was a good host, the segment is
about 15 minutes -- it was cut short because of other schedule
conflicts.
December 1st - John again returned to the Courthouse. He
held a silent picket for a while and then used kid's chalk to leave
a message on the building. He wrote it once and then
went inside the building and told security. He was arrested,
but then in a bit of a surprise, he was released with just an
appearance ticket. His next court date is Dec 9th.
Click here to read
some of your FEEDBACK on this activity.
November
25th - John was taken from jail to Village Court and he
was released. The next court date was Dec 9. John does plan on
resuming his activities again next Monday, Nov 30th.
This was a bit
confusing. The DA wanted me released on my own
recognizance (which basically means we trust that you will
show up at your next Court date). The Judge said no and
ordered me on the pre-trial release program which is sort
of an easy-probation. Conditions can be set on your behavior,
required to call in periodically, etc.. (I normally never agree
to those terms). They did release me from the jail even
though I refused to sign any program forms and they could arrest
me at any time. The 'system' really isn't designed
for this type of activity from a non-criminal.
November 23rd - In the
afternoon, John returned to the building and again used kid's chalk
to leave a message on the building. He wrote it once and
then went inside the building and told security. They took a look
and in about 30 minutes the local police showed up.
He was taken into custody and charged with a
misdemeanor, in violation of Section 145.60(2) of the New York Penal
Law: "No person shall make graffiti of any type on any building, public
or private....."
He was arraigned by Village
Justice Forgione, a $1000 bail was set, and John was jailed again.
November 23rd - In
the morning two other parents (Mark Hough & Scott Rhodes)
joined John is a visit to Assemblyman's Oaks office and had a good
conversation with an aid. They then went to the Courthouse at 11 AM
and carried on a silent picket outside for about an hour. John also sent a letter
regarding parental rights to Assemblyman Oaks. He also
continues to write local
Family Court Judge Sirkin regarding a delayed support decision
and the injustice hurting his family and many others.
November 18th, 2009 - In a bit
of a surprise, John was released. Due to a death in the
Family, John will not be returning to continue his efforts until
Monday, November 23rd. We'd like to get another Mom & Dad
there to show support.
November 16th - John
returned to the Wayne County courthouse to continue writing "HELP FAMILY RIGHTS" on the
building. He was arrested, assigned a $500 bail by Village Justice
Nicholas Forgione, and incarcerated at the Wayne County
jail in Lyons. For more information visit: Parents
rights activist Murtari imprisoned for chalk protest
November 13th -
Due to some legal paperwork John had to complete for a
prior employee he will not be resuming his efforts today -- next
scheduled day is Monday, Nov 16th.
November 12th -
At 2 PM, John wrote the same "HELP FAMILY RIGHTS" message on the
outside wall of the building. Still using kid's chalk, still very easy
to remove -- but harder for officials to ignore. He wrote it once
and then went inside the building and told security. They took a look
and in about 30 minutes the local police showed up.
He was taken into custody and charged with a
misdemeanor, in violation of Section 145.60(2) of the New York Penal
Law: "No person shall make graffiti of any type on any building, public
or private....." He was released with an appearance
ticket for the local Village Court on Nov. 25th - view copy of ticket and
detailed complaint.
I DON'T WANT TO GO BACK THERE ALONE TOMORROW!
There will be another arrest and most likely jail. I would much prefer to find a Mom & Dad
willing to join me next week in more chalk writing on the sidewalk
outside the building. With three people we could turn it into a media
event -- and that would help all of us! But there's always a risk.
They allowed me to fill
the sidewalk with writing, but if more people show up they may threaten
arrest again -- we must have the quiet courage of our convictions and
Faith in the power of the love we have for our kids.
http://www.AKidsRight.Org/civil.htm
This is not about winning
or what other's may do in response. Actions such as these first
convince "us" that what we want is worth the potential sacrifice.
Folks, don't get me wrong.
I understand when people can't join the effort. We all have a lot of
personal issues to deal with. I have failed to respond to other
requests for help because I was too busy. But I'm also confident that
with time -- parents will start to come forward. All I can do is
ask... (click here to
read complete message)
November 10th, 2009 - John
returned in the morning and continued writing his message on the
sidewalk outside the building. In the afternoon he brought about 15
copies of the "Declaration of Family Rights" and taped them to
the outside. They were there for a while and then taken down by
security. A photo of the poster is at right,
you can click for a PDF
version
November 9th - John
returned to the building with eleven small posters asking the
Assemblyman to "HELP FAMILY RIGHTS". . He taped the sheets
of paper to several windows along the front of the building.
Building security told him he couldn't do that and took them down --
John placed a few more and then quietly walked outside the building.
November 4th, 6th -
John returned to the building and continued writing. John stayed
outside from 2-4 pm and then left. Nov 5th was rained out).
November 2nd -
John returned to the building and continued writing. He was told
he could write on the sidewalk, but would have to clean it up before he
left for the day. If he did not clean it, he was told an arrest
warrant would be issued. John stayed outside from 2-4 pm and then
left, with the message still on the ground. (the Court House
was closed for election day, Nov 3).
October 28-30,
2009 - Rain & wet sidewalk delay!
October 27, 2009
- John went to the Wayne County Courthouse, Lyons, NY, and filled
a good part of the sidewalk with a simple message,
"Mr Oaks - Help Family Rights".
Someone from building
security came out and said, "That's not allowed. You're going to have
to stop writing on the sidewalk. There won't be any trouble if
you stop now, you can just leave..." He was very nice about it
and didn't act threatening. I simply responded, "I don't mean to cause
a hassle,... but I really can't leave and need to keep writing.".. (read more of the story)
John walked up and down the
sidewalk for two hours and talked to a few people. Everyone
seemed to understand that knowing you have a child is fundamental and
should be protected as a right. Even a few Court employees said
they 'liked the message.'
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October 26, 2009 - The
effort was resumed at 2 PM outside the Lyons, NY, Village offices at 76
William St.
Why even take these risks - You'll feel better!
October 22, 2009 - John
returned to the office with more chalk and continued his chalk writing
campaign and filled the sidewalk you see below with "Mr Oaks - Help
Family Rights". He dropped off a preview DVD of the
movie
"Support? System Down" with an aid. John was one of the
people interviewed in jail for the film and it also contains other
scenes of parents and legislators filmed at the state capital in
Albany. He hopes it will encourage Assemblyman Oaks to reconsider
the need to explicitly define and protect Family Rights.
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October 21, 2009
- John resumed his NonViolent action outside the offices of
Assemblyman Oaks. He left a couple of messages written with kid's
chalk on the sidewalk and walked up & down the walk for a couple of
hours. He has closed his web
hosting business and still cannot drive
while living in a rural area. Risking arrest as part of a
peaceful action for reform is an easy decision.
-- John was concerned about Summer vacation with his son, and
suspended actions till after the summer.
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February 13,
2009 & Feb 17th - Group coordinator, John Murtari,
decided to walk inside the new County Court House in Lyons. Security
staff was polite and John quietly walked around for an hour before
leaving. He held a small placard with pictures of parents and children.
The message, "Mr. Oaks, Help Us!" (photo above).
February 10, 2009 - John
took a 'walk' inside the historic Court House in Lyons (now used mostly
for County offices and meetings). For two hours he walked in the
hallway of the building holding a small placard with pictures of
parents and children.
Feb 4-9, 2009 - John
changed his location to downtown Lyons and outside the County Court
House.
Please
contact John if you wish to participate and join in the effort.
January 27, 2009 - At
2pm, John Murtari walked to Assemblyman Oaks' office to publicly
promote the "You're a Parent Notification Act." He
walked outside the offices for about two hours (lucky it was a sunny
day, temperature in the mid 20s). One of the staff members
did come out and told John he was welcome to come into the building to
warm up. Weather permitting, John plans on returning each day
at 2pm for a similar two hour vigil.
January 9, 2009 - John
Murtari, group coordinator, sends another letter
to NY State Assemblyman Robert Oaks. Final planning is done and a
start date of Jan 27
(rescheduled from Jan 20 because of
inauguration)
is set.
Please
contact John if you wish to participate.
December 5, 2008 - John
gets a letter from
Assemblyman Robert Oaks, his representative in the State
Legislature. He is told license suspensions are "effective" in
collecting support.
Read a list message, "Right
to know you have a child?"
April 4-5 2007 - The
resolution is considered in the Rules & Legislative Committee and
also the Social Services Committee of the Wayne County Board of Supervisors..
There is quite a difference in how it is received and handled by the
two committee chairmans, John writes Mr. Hoffman
again a few days later to express some concerns and
asks for the opportunity to address the full Board well before any
final vote. This is denied and no vote occurs.
Mar 12, 2007 - To
increase public knowledge of this basic Civil Right, John wrote a letter to Mr. James Hoffman,
Chairman of the
Wayne County Board of Supervisors. This is a small rural
county in upstate New York where John resides in Lyons. There is
no county legislature, each of the elected Town Supervisors also server
on the County Board. The
resolution is much simpler at this level, it just asks for State
and Federal Legislators to draft such legislation.
Feb 2007 - John
meets personally with Assemblyman Oaks at one of his public 'office
hours'. There was concern about potential opposition to such a bill and
they discussed different approaches and concepts involved with the
bill. The meeting lasted almost an hour and the Assemblyman told
John he would be able to follow up on the bill more after the State
Budget was passed.
Jan 3/8, 2007 -
John follows up again with the Lyon's staff of Assemblyman Oaks to find
out what progress is being made. He is told they are
checking. It appears the Assemblyman does not have a position on
the bill. John is trying to arrange an appointment at his local
office.
May 15, 2006 - Another letter is written to Assemblyman Robert
Oaks regarding the need for the act and a hope it will be acted on
quickly. We are told that the wording of the bill is reviewed by
legal staff used by the Assembly to review bills for any legal
obstacles.
May 11,2006 -
After speaking with the Assemblyman and some aids a
DRAFT of the bill
wording and a sponsors memo is sent to Assemblyman Oaks. It
is late in the session and this bill does introduce new concepts, but
we hope discussion can begin now.
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