RADIOHEAD. WITS & WAGERS. STREET LAWYER. HARDWIRED. AWKWARD FAMILY PHOTOS! WORD HAS IT ON THE STREETS, THAT ONE HOMELESS WOMAN, THREW HERSELF IN FRONT OF THE TRAIN, AND WAS KILLED, ANOTHER MAN, CAMPING OUT BY THE RIVER, WAS JUMPED BY SOME MEN, WHO WANTED HIS CAMPING EQUIPMENT AND GEAR, THEY BEAT HIM UP SO BAD, THAT HE IS STILL RECOVERING AND HAVING TO LIVE WITH HIS SON; TWO ARE CHARGED WITH SOCIAL SECURITY FRAUD, THEY TOOK SOMEONE'S MONEY CARD, WHERE THEIR GOVERNMENT BENEFITS ARE AUTOMATICALLY DEPOSITED, AND THEY GOT THEIR HANDS ON $1400. LIVING ON THE STREETS, IS HARD, AT BEST. FROM WHAT I HAVE GARNERED, FROM BEING AMONG THAT NUMBER, IS, THAT MANY ARE VETS, SOME ARE EITHER MEN OR WOMEN, WHO GOT FUCKED IN A MARRIAGE OR RELATIONSHIP, WHERE THEY WERE LIVING AND DEPENDENT ON THAT PERSON TO LIVE, OR THEY GOT THE RAW END OF THE STICK, IN A DIVORCE SETTLEMENT, AND CUSTODY BATTLE; OTHERS, ARE VICTIMS OF BOTH MALE AND FEMALE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR PSYCHOLOGICAL ABUSE. THERE ARE OTHERS OF US, WHO ARE AND WERE PROFESSIONALS, WHO DARED, TAKE ON THEIR SYSTEMS, BE IT THE HOSPITAL NETWORK, THE LEGAL SYSTEM, SOME COMPANY, WHO IS CORRUPT, AND WHEN THEY STOOD UP FOR THE PEOPLE, THE PATIENT, OR THE WORKER, THEY GOT FUCKED BY THE SYSTEM, THEY WERE TRYING TO CLEAN UP AND PROTECT. JUDGE NOT THAT YE, BE NOT JUDGED . . . MOST PEOPLE ARE ONE PAY CHECK FROM THE STREETS, OR THE POVERELLO CENTER, THE BUTTE RESCUE MISSION, ETC., SO BE CAREFUL, OF WHAT YOU SPEAK, BECAUSE, BUT FOR THE GRACE OF GOD, OR BECAUSE OF THE GRACE OF GOD, GO I! I HAVE WONDERED OFTEN, IF THIS IS NOT SOME SORT OF CALLING, LEGAL MINISTRY, OR JUST EXACTLY WHERE GOD WANTS ME TO BE, AND WHO HE WANTS ME TO SPEAK FOR AND FIGHT FOR, NOT HAVING A VOICE THROUGH ANY OTHER MEANS! I HAVE TRIED TO GET A LEGISLATOR, TO SPONSOR A BILL, THAT WOULD CLEAN OR EXPUNGE CRIMINAL RECORDS, BEING MUCH OF THE PROBLEM, WHEN DEALING WITH THE HOMELESS. CASE IN POINT, TWO SUMMERS AGO, THERE WAS THIS DUDE, AN ALCOHOLIC, WHO WAS DUMPED BY HIS WIFE IN WASHINGTON STATE, AND HE ASKED ME TO GET HIS RECORD EXPUNGED, BECAUSE HE COULD NOT GET A JOB, AN APARTMENT OR A MOTEL, EVEN, WITHOUT IT SOMETIMES, AND IT WAS PROVING TO KEEP HIM, IN THE POVERELLO CENTER. WASHINGTON STATE HAS A GREAT RECORD CLEARING STATUTE, FORMS AND ATTORNEYS, ON BOARD, PROBABLY VOLUNTEERING TO DO THE LEGAL WORK WHICH IS MINIMAL, IF THERE IS A GOOD STATUE OR LAW IN PLACE, AND THESE ATTORNEYS WILL DO IT FOR $10.00! A SMALL PRICE TO PAY FOR A CLEAN SLATE AND NEW LEASE ON LIFE, HAVING HUNG OVER HIS HEAD FOR FUCKING 10 YEARS! I DID NOTHING MORE THEN LOOK UP THE STATUTE, THE COURT FORMS, AND REALIZE THAT THERE WAS AN ORGANIZATION, CALLED, "CLEAN RECORDS" OR SOMETHING LIKE THAT, WHO WOULD DO ALL THE WORK FOR YOU . . . GENERALLY, IT IS A SIMPLE AS: (1) GIVING THE NAME AND ADDRESS OF THE COURT THAT CONVICTED YOU; (2) CHECKING WITH THE COURT, THROUGH A FORM, OR REPORTING THAT YOU HAVE SERVED YOUR TIME, PAYED YOUR FEES AND FINES, OR DONE YOUR COMMUNITY SERVICE. IN MOST STATES THERE IS A STATUTORY, OR LAW, THAT TELLS HOW LONG, BEFORE A RECORD CAN BE CLEANED OR CLEARED, AND MOST STATES, THAT IS 3 YEARS FOR A MISDEMEANOR, AND 5 FOR A FELONY. I GOT THIS MAN'S RECORD CLEARED, AND GUESS WHAT, HE IS A "NEW" MAN, DOESN'T DRINK ANYMORE, GOT HIMSELF A JOB, AN APARTMENT, AND NEARLY CRIES EACH TIME HE SEES, ME, HE IS SO GRATEFUL FOR THE, WHAT 10 MINUTES, I TOOK TO SEE THE NAME AND NUMBER OF THE ORGANIZATION OF ATTORNEYS TO CLEAR RECORDS! ANOTHER MAN, HOWEVER, WHO HAS BEEN AT THE POVERELLO FOREVER, ASKED ME TO CLEAR HIS RECORD, THAT HAD BEEN ON HIS BACK, SINCE HE WAS IN HIS EARLY 20'S, AND HE HAD BEEN CLEAN FOR 27 YEARS BY THIS TIME, BUT WAS EXPERIENCING, ALL THE DIFFICULTIES, i MENTIONED IN THE PREVIOUS EXAMPLE, SO I SAID I WOULD GET HIS RECORD CLEARED SO HE COULD GET ON WITH LIFE . . . NO LAW, NO RECORD CLEARING, NO EXPUNGEMENT, BECAUSE, MONTANA WANTING TO BE TOUGH ON ALCOHOL USE AND DUI'S, AND RIGHTLY SO, TIED CRIMES AND DRINKING VIOLATIONS TOGETHER! AND ALONG WITH THAT, WENT THE EXPUNGEMENT STATUTE, IN I, BELIEVE ABOUT 1989! I CONTACTED THE COURTS, THE LAW SCHOOL, SEVERAL CONSTITUTIONAL LAW ATTORNEYS I KNOW, AND EVENTUALLY, THE LAW LIBRARIAN AT THE STATE LAW LIBRARY IN HELENA, TOLD ME THE COURTS CAN EXPUNGE RECORDS, BUT, THEY DO NOT HAVE A LAW, BY WHICH TO OPERATE AND EXPUNGE SOMEONE'S RECORDS, SO THEY GET CREATIVE AND TRY TO SCARE THEM TO DEATH, THREATEN THEM, OR YOU RECORD WILL FOLLOW YOU THE REST OF YOUR LIFE, OR THEY WORK THAT CLEANSING, INTO THE SENTENCING GUIDELINES BY WAY OF PLEA AND ABEYANCES, OR SOMETHING LIKE THAT, IF YOU DO THIS, THEN, WE WILL NOT PUT YOUR CRIME ON YOUR RECORD, BUT IF YOU FAIL, IT ALL GOES BACK ON! JUST FIXING THIS ONE PROBLEM ALONE, WOULD HELP THE HOMELESS SITUATION IN MONTANA AND ELSE WHERE IF THIS IS A PROBLEM IN YOUR STATE! BUT, SOMETHING NEEDS TO BE DONE--I FIND THAT MANY OF THESE GUYS AND GALS, ARE JAILED FOR THEIR ALCOHOL ADDICTIONS, WITH TONS OF THINGS ASSIGNED TO THEM, HOOPS TO JUMP THROUGH, MAKING IT AGAIN, IMPOSSIBLE TO GET A JOB, BECAUSE OF ALL THIS SHIT, THEY HAVE TO DO. I AM NOT A LEGISLATOR, AND THE TWO WHO I GOT TO CARRY BILLS, DIDN'T GET WHAT I WAS DRIVING AT, AND I SHOULD HAVE GOTTEN THIS GOING, FAR EARLIER, SO THIS YEAR, SOMEONE, OUT THERE, JUST LOOK UP, LAWS OR STATUTES IN OTHER STATES, PREFERABLY, WESTERN STATES, NEARBY, BECAUSE THE TEND TO HAVE SIMILAR LAWS, POLICIES AND POLITICS, AND USUALLY, MOST STATES COPY EACH OTHER WHEN SOMEONE WRITES A GOOD OR HELPFUL LAW. SOMEONE NEEDS TO PICK UP THIS BALL AND RUN WITH IT! ANYWAY, WHAT IS DRIVING THIS BLOG, IS THE FACT THAT, I GOT ON THE BUS, WITH ONE OF MY, NOW FRIENDS, I MET AT THE POVERELLO CENTER, LAST WINTER--SHE IS WORKING, HAS BEEN FOR MONTHS, BUT SHE, IS STILL NOT ABLE TO GET HER LIFE TOGETHER, ENOUGH TO GET AN APARTMENT, WITH FIRST, LAST RENT AND DEPOSIT, YOU ARE LOOKING A OVER A THOUSAND DOLLARS, ON A HOUSEKEEPER'S SALARY, SHE USED TO BE A NURSE, AND SHE SAID, IN LOOKING BACK AT ALL WE, REFERRRING TO ME AND HER, ME IN THE LEGAL PROFESSION, HER AS A NURSE IN THE MEDICAL PROFESSION, STICKING UP FOR WHAT WAS RIGHT, POPULAR OR NOT, HAVE BEEN THROUGH, SHE SAID, IT HAS TAKEN HER MONTHS TO JUST PROCESS WHAT HAPPENED, FOR DEPFENDING A PATIENT'S RIGHTS AND HEALTH TO SOME DOCTORS, AND OBVIOUSLY, THE NURSE GOT THE SHAFT, NOT THE DOCTORS, WHO ALLEGEDLY PERFORMED SURGERY, THEN SENT THE PATIENT, HOME WITH THE SAME PROBLEMS AND COMPLAINTS OF PAIN, AS SHE CAME IN WITH . . . MY FRIEND, CHECKED HER MEDICAL CHARTS AND FOUND THAT, THEY NEVER DID THIS AND THAT, AND EVEN NOTED, WORDS THAT WOULD INDICATE, INCOMPETENCE AND COVER-UP! BUT, SHE SAID, SHE FINALLY, BROKE DOWN, CRYING OVER, THESE RECENT DEATHS, INJURIES, ATTACKS AND LEARNING THAT THERE IS A PLANNED, RAID BY LAW ENFORCEMENT ON ALL THE HOMELESS CAMPS AROUND TOWN AND COUNTY . . . I THINK THEY WERE GONIG TO PRACTICE ON ME, BUT THEY CAN NEVER FIND ME, AND GENERALLY, i AM WATCHING THEM, LOOK OF ME! LOL! I HAVE WRITTEN IN THIS BLOG, THAT THERE IS A STATE, LAW, THAT PROHIBITS, CITIES AND TOWNS, FROM PROSECUTING AND PUNISHING, PEOPLE FOR VAGRANCY! IF MISSOULA, KALISPELL, OR ANY CITY OR TOWN, PASSES AN ORDINANCE, STATING THAT COPS CAN CHARGE OR GIVE TICKETS, TO THE HOMELESS FOR VAGRANCY, THEY ARE WRONG. COPS, CAN HOWEVER, WARN AND GIVE TICKETS, FOR "DISORDERLY CONDUCT" WHEN BEING HOMELESS, FOR FIGHTING, SWEARIING, PLAYING THEIR MUSIC TOO LOUD, OR DOING WHAT MOST PEOPLE DO WHEN THEY ARE DISORDERLY! I BETTER SHOW, COPS, PROSECUTORS AND JUDGES, NOT TO MENTION, CITY FATHERS AND MOTHERS, WHOM MAY HAVE, IN FACT, PASSED, UNCONSTITUTIONAL ORDINANCES AND RULES, AGAINST VAGRANCY OR THE HOMELESS, CITING THEM AND TICKETING THEM WITH $50 TO $75 TICKETS, AND MY FRIEND TOLD ME, THEY ARE EVEN TAKING THEIR CAMPING EQUIPMENT, TENTS, SLEEPING BAGS, ETC. AND NOT RETURNING IT AS PART OF THE DEAL? I WILL GIVE YOU THE LAW, BEFORE, YOU RAID MY FRIENDS, AND THEY CONTACT ME, ALSO BEING HOMELESS, SO TWICE AS PISSED AT YOU NOT FOLLOWING STATE LAW, TO REPRESENT THEM, NOT ONLY IN DEFENDING THEM, BUT SUING ON CIVIL RIGHTS VIOLATIONS . . . THE OTHER NIGHT, I WAS UP, AT 3:00 AM, AFTER A PEACEFUL SLEEP UNDER A PINE TREE, WOKEN UP BY THE MOON, MAKING ME THINK, THAT IT WAS LATER THAN IT WAS, SO I GOT UP, BEFORE, I LOOKED AT THE CLOCK, THEN DECIDED TO PUT ON MY MAKE-UP, THINK ABOUT MY BLOG, AND THEN CATCH THE NORMAL 5:40 AM BUS, LEAVING THE TRANSIT CENTER AT 5:35 AM, SO I WAS JUST CONTEMPLATING THE MYSTERIES OF THE UNIVERSE, WHEN SOME DRUNK GUY, WANTED TO SIT AND TALK TO ME, YOU CAN, I BELIEVE, ARREST FOR "PUBIC INTOX" BUT NOT FOR CURFEW VIOLATIONS, BECAUSE, I DON'T BELIEVE YOU HAVE AN ORDINANCE FOR SOMEONE MY AGE! SO ME AND THIS DUDE ARE TALKING, ME UNWITTINGLY AND WANTING TO JUST BE LEFT TO MY LONESOME, WHEN A SHERIFF'S CAR, CAME SNEAKING UP, GOING AROUND IN THE PARKING LOT OF FRESH MARKET, ON BROADWAY WEST, MISSOULA, MT., AT ABOUT 3:30 AM, BUT STOPPING THE CAR, SEVERAL HUNDRED YARDS AWAY, EITHER TRYING TO SEE WHAT WE WOULD DO, OR DECIDING TO HARASS US, OR INTIMIDATE, WHATEVER? REMEMBER THE OTHER DAY, WHEN I QUOTED FROM THE MOVIE ON THE MAFIA, THAT YOU CAN BE A COP OR JUST PRETEND TO BE A COP? I GUESS THE TWO OFFICERS, DECIDED TO BE COPS, AND GIVE US OUR RIGHTS, VIOLATING NOTHING! GUYS JUST PRETENDING TO BE COPS, USE THE BADGE, THE GUN, THE SQUAD CAR, TO BE ANYTHING BUT COPS, USING FOR A POWER TRIP, TO SEE PEOPLE RUN, OR TO PUT THE FEAR OF THE LAW, OR ACTORS ACTING UNDER COLOR OF LAW, AND PROCEED TO VIOLATE CITIZENS' CONSTITUTIONAL RIGHTS! I AM GOING TO CUT AND PASTE TO SHOW YOU THE LAW--THERE IS A SIDE OF ME, THAT WANTS TO DARE SOME COP TO DO IT TO ME, SITE ME FOR WHATEVER, THE $75, SO I CAN BRING THE ISSUE UP IN COURT! AND KICK HIS OR HER ASS WITH THE LAW . . . COME ON, LITTLE COPPY, COPPY, I DARE YOU . . . THEN THE MORE RATIONAL SIDE OF ME, SAYS, THAT, I KNOW HOW CORRUPT THE PROSECUTORS AND JUDGES CAN BE, SO, WHY BOTHER, OF LATER YEARS, IT IS NOT ABOUT, PROTECINT THE RIGHTS OF THE CITIZENS CHARGED, WHILE PROTECTING AND SERVING, FOR THE HEALTH , SAFETY AND WELFARE OF THE TOWN, IT HAS BECOME MORE, PROTECTING THE SYSTEM, AND THE PLAYERS INVOLVED, FROM THE CITIZENS, THAT THEY ARE THERE TO PROTECT AND GUARD THEIR RIGHTS, WHILE ALSO, PUTTING A CHECK ON THE LAWS, HOLDING PEOPLE RESPONSIBLE FOR VIOLATING PEOPLE'S LIFE, LIBERTIES, AND PROPERTY, WHEN INVOLVED IN A CRIME, AND KEEPING THE PUBLIC SAFE FROM, UNSAFE INDIVIDUALS, WHO MAY NOT BELONG IN SOCIETY, AND IN SOME CASES, NOT EVEN IN PRISON! ANYWAY, MY FRIEND, ASKED ME TO GET THE WORD OUT TO THE MAYOR, SO HE AND THE CITY COUNCIL, CAN DO SOMETHING ABOUT THE PROPOSED RAID ON THE HOMELESS! THE HOMELESS DON'T NEED TO BE CITED AND FINED, NOR DOES THE CITY NEED TO BE SUED! RATIONAL PEOPLE, IN A WELL ORDERED SOCIETY, ABIDE BY LAWS, STATUTES AND CONSTITUTIONS, TO RESOLVE DIFFERENCES. THE LAW IS THE LAW, IS THE LAW . . . KNOW YOUR RIGHTS!

WE ARE ALL IN THE SAME BOAT!

Just by way of example and analogous comparison, there was an article, on my computer, MSN, newsfeed, coming out of, flood hit, Baton Rouge, Louisiana, with a picture of, community members, rescuers, victims of the flood, many, 40,000 homeless, cops, among, many of those being flooded and now, without a place to stay, are all holding hands, praying and singing.  I love, the terminology, for the volunteer force of men and women, who went out, forging waters, storms, lightening, and rescuing, people stranded in homes and vehicles, now, helping with the clean up efforts, they called themselves, Cajun Squad, or something like that, but, these people, were putting themselves, right there along side with cops, firefighters, search and rescue, many who work together all the time, but, now with a force of volunteers!  Way cool. 

But the person, who was interviewed and in the prayer circle, joining hands with cops, no longer seen as enemies, now that everyone, was in the same boat or place, with the floods, said, that, when the month started, with Afton Sterling, the black man, who was wrestled to the ground, for doing, who, knows, and then shot point blank, a friend of the interviewee, and he said, when the officers were shot, in the ambush, by the military dude, he said he was delighted with the cop shootings, for just a vengeful moment, until he thought of the cops kids, growing up without their fathers!  But, now, that, every one in the city, is hurting, all are either helping, or they are homeless themselves, after all the great rescues, working side by side, the lines of power, discrimination, cops vs. citizens, or white on blacks, or blacks on blacks, pitting person against person, has all melted, turned to a genuine caring and sharing for the plights of now, all of them, and what the future will look like, knowing, everyone, is in exactly the same spot. 

There is something beautiful, about that, healing about that, forcing understanding about that, and I would venture to say, God's hand, in healing the already hurting city!

DO UNTO OTHERS, AS YOU WOULD HAVE DONE TO YOU!  THE "GOLDEN RULE" NOT THE GOLDEN RULE, AS PER THE CAPITALIST RO FOOD CHAIN, DARWINIAN MODEL OF LIVING!

LOCAL GOVERNMENTS PROHIBITED BY MONTANA CODE OR LAW! 7-1-111(14) VAGRANCY--WHEN ALL ELSE FAILS, READ THE INSTRUCTIONS, OR HAVE YOUR CITY OR COUNTY ATTORNEYS READ IT!

 7-1-111. Powers denied. A local government unit with self-government powers is prohibited from exercising the following:
     (1) any power that applies to or affects any private or civil relationship, except as an incident to the exercise of an independent self-government power;
     (2) any power that applies to or affects the provisions of 7-33-4128 or Title 39, except that subject to those provisions, it may exercise any power of a public employer with regard to its employees;
     (3) any power that applies to or affects the public school system, except that a local unit may impose an assessment reasonably related to the cost of any service or special benefit provided by the unit and shall exercise any power that it is required by law to exercise regarding the public school system;
     (4) any power that prohibits the grant or denial of a certificate of compliance or a certificate of public convenience and necessity pursuant to Title 69, chapter 12;
     (5) any power that establishes a rate or price otherwise determined by a state agency;
     (6) any power that applies to or affects any determination of the department of environmental quality with regard to any mining plan, permit, or contract;
     (7) any power that applies to or affects any determination by the department of environmental quality with regard to a certificate of compliance;
     (8) any power that defines as an offense conduct made criminal by state statute, that defines an offense as a felony, or that fixes the penalty or sentence for a misdemeanor in excess of a fine of $500, 6 months' imprisonment, or both, except as specifically authorized by statute;
     (9) any power that applies to or affects the right to keep or bear arms, except that a local government has the power to regulate the carrying of concealed weapons;
     (10) any power that applies to or affects a public employee's pension or retirement rights as established by state law, except that a local government may establish additional pension or retirement systems;
     (11) any power that applies to or affects the standards of professional or occupational competence established pursuant to Title 37 as prerequisites to the carrying on of a profession or occupation;
     (12) except as provided in 7-3-1105, 7-3-1222, or 7-31-4110, any power that applies to or affects Title 75, chapter 7, part 1, or Title 87;
     (13) any power that applies to or affects landlords, as defined in 70-24-103, when that power is intended to license landlords or to regulate their activities with regard to tenants beyond what is provided in Title 70, chapters 24 and 25. This subsection is not intended to restrict a local government's ability to require landlords to comply with ordinances or provisions that are applicable to all other businesses or residences within the local government's jurisdiction.
     (14) subject to 7-32-4304 (control of disorderly conduct), any power to enact ordinances prohibiting or penalizing vagrancy;
     (15) subject to 80-10-110, any power to regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of commercial fertilizers or soil amendments, except that a local government may enter into a cooperative agreement with the department of agriculture concerning the use and application of commercial fertilizers or soil amendments. This subsection is not intended to prevent or restrict a local government from adopting or implementing zoning regulations or fire codes governing the physical location or siting of fertilizer manufacturing, storage, and sales facilities.
     (16) any power that prohibits the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;
     (17) subject to 76-2-240 and 76-2-340, any power that prevents the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;
     (18) any power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local government unit.

     History: En. 47A-7-201 by Sec. 1, Ch. 345, L. 1975; R.C.M. 1947, 47A-7-201; amd. Sec. 3, Ch. 375, L. 1983; amd. Sec. 22, Ch. 418, L. 1995; amd. Sec. 1, Ch. 446, L. 2001; amd. Sec. 1, Ch. 217, L. 2003; amd. Sec. 2, Ch. 466, L. 2003; amd. Sec. 1, Ch. 561, L. 2003; amd. Sec. 2, Ch. 395, L. 2009; amd. Sec. 1, Ch. 56, L. 2013; amd. Sec. 1, Ch. 173, L. 2015; amd. Sec. 7, Ch. 456, L. 2015.