Resident alleges unfair treatment by Kootenai County

By Randy Tetzner
Coeur d'Alene, ID
AutismNorthIdaho@aol.com

Some of the responses I got from my previous email were "how does this affect our readers?" Clarence Darrow said it best "If I am not free, you are not free" People don't expect to be assaulted with their child because Kootenai County decided to violate the ADA and ban service animals. I have the incident on videotape.

Lawless official conduct affects us all. Attached is a legal notice sent to the County the day before the attack. The format was reported in the Gebser case by Justice Sandra Day O'conner. You don't beat up fathers and their 2 year old in America on behalf of the county just because the family uses a service animal, makes me think the war in Iraq, where they settle disputes with suicide bombs, may be a just cause for America after all. This incident reflects one local governments response to assertion of civil rights. People keep asking, why you Randy? I guess because I continue to assert them and it pisses people off. Read the congressional record on the ADA and see how congress anticipated this and provided the no threatening clause to protect people like me.

On Dec. 29, 2004, I was doing research in the county recorders office, Kootenai County Administration Building, Coeur d'Alene, ID. 83814. I did not complete my work and knew I would return the next day with at least one child and a handicap service animal. Service animals are protected under The American With Disabilities Act since 1990. I knew I had an absolute right to bring the animal, but since I was bringing a child I did not want to be involved in anything confrontational or controversial because despite the longevity of The ADA it is still violated with the frequency of a cheap ham radio.

Chief attorney Erica Ellingsen was called and came with 3 security officers (including todays attacker), that interaction can be viewed in the accompanied attached document which was served earlier today to the county commissioners. I lawfully entered the building with my child, Kylie a 2 year old and our service animal "Bruzer" who weighs 3 lbs. The desk person made a call that I heard without any type of enhanced electronics and was reporting my entrance and the service animal's presence. The room I was going to work in had tight quarters and usually other people in it, since it appeared something was going on I stayed in a large public area. I did not suspect any type of violence. The security officer from the Watson Agency approached me with a tape recorder (white male, 5'11', 175 lbs, tinted glasses, short black hair, mustache, wrinkles on face, no name tag, pronounced limp, may have a prosthetic leg, or bad knee/hip, wearing a security uniform with the Watson agency patch, dark security officer jacket opened up, he also wore a tie) he held a tape recorder in his hand, he demanded I not record. Under the Omnibus Crime Control and Safe Streets Act of 1968 at 18 USC 2510 I can record.

The Idaho state statute states at 18-6702 (2)(d) the following;

(d) It is lawful under this chapter for a person to intercept a wire, electronic or oral communication when one (1) of the parties to the communication has given prior consent to such interception.

The statute requires that at least one person who is a party to the communication give consent, the party giving consent can also be the person intercepting with a tape recorder.

I gave consent and the statute includes video cameras.

This assault and battery also includes a violation of The Anti Klu Klux Clan Act of 1872 and the FBI and US Attorney should be notified. Prosecution of all charges does not constitute double jeopardy. One is state the other federal, however the FBI seldom takes walk in crime reports, but will take a referral from local law enforcement. This not meant as a way for the police to dump this case.

The security officer brought his hand up to the camera several times striking it and causing the camera to strike me in the face injuring my right eye. The officer also made other illegal physical contact and may have ran into my child and service animal. When I reported this via 911 I did not notice my eye being sore. My daughter was knocked over as I was retreating I am unaware of any injuries other than fear; I picked her and the service animal up to escape the continued assault and battery. I pleaded with the attacker to stop. At no time did I attack or become the aggressor, I fully retreated. The officer can be heard to say "good" when I state I am leaving, he continued the attack until I was on the elevator. I feared he may have pepper spray and I did not want my child injured.

The tape clearly shows I was being attacked and that I retreated. Seeing as how this officer was part of the gang previously used to intimidate me and that the chief attorney mentioned above told me I could bring a service animal I believe she conspired with the security officers to harass or otherwise cause me harm if I returned with the service animal. The right hand need not know what the left hand is doing. I am fully within my rights to bring a service animal into any public building in the United States and to tape/video record anything in a public building. The actions of the officer were clearly outrageous as he was an aggressor to a father showing a Christmas tree to his child and explaining she should not take the candy on it. The attack was not in proportion to any threat, as no threat was present.

Unless it's legal to attack the Tetzner family I expect assault and battery and injury to a child to be filed as felonies. These parties had warning a service animal was coming and were given legal notice to stop unlawful acts, instead of complying with the law they chose to violate it with physical assault. Their attorney has stated she investigated and stated I was never touched. The tape shows differently. Also this is not a civil case involving service animals this is an assault. Despite the outrageous nature of this conduct I hold little hope the Coeur d'Alene police department will take it seriously.

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