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Unauthorized petitioners could face trespass charges

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By the Lincoln Journal Star

Friday, May 30, 2008 - 05:26:17 pm CDT

The city will begin enforcing trespassing complaints against unauthorized petition circulators and blockers on private property beginning 8 a.m. Monday.

After a review of these types of disputes, City Attorney John Hendry has concluded that petition circulators and blockers do not have the right to remain on private property once they have been asked to leave by property owners or managers.

Mayor Chris Beutler said local businesses contacted him about the impact the activity is having on sales.

Story Photo
Chris Beutler (LJS file)

“While the petition process is an important Nebraska right, that process should not be conducted at the expense of private property owners who have a legitimate interest in the control over their property,” said Beutler.

A previous petition drive led to a court ruling that the City of Lincoln was inappropriately restricting the access of circulators to public property. 

Beutler said that led to a cautious stance by the city with regard to petitioners on private property. Beutler asked Hendry to review the situation after businesses told him that petitioners and blockers did not comply with requests to leave their property.


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Gene Hogan wrote on May 30, 2008 3:20 pm:
" Every time I go to the grocery store I run into these people telling me that the University follows a quota with every single hire. Having served on search committees at UNL I know for a fact that's not true. I'd advise people not to sign a petition when the circulator isn't clear on the facts. "

 Petition Advice wrote on May 30, 2008 3:27 pm:
" Some advice for when you are approached by petitioners:

Ask who sponsored the petition and where they are based. Regardless of the issue, we need to avoid outside interests trying to impose their beliefs on our state. Many of the petitions that have circulated in recent years were by foundations and PACs outside of the state. If the issue is important enough, let Nebraskans decide what issues should be brought forward. "

 Private wrote on May 30, 2008 3:31 pm:
" Public property should be fair game for both groups, but private property owners should be able to tell petitioners and blockers (or just the blockers, if the owner likes the petition) to leave their property. "

 Good Work Mayor wrote on May 30, 2008 3:33 pm:
" Nice to see that we will not be hasseled while shopping!! "

 peb wrote on May 30, 2008 3:34 pm:
" I encountered a signature gatherer at the Williamsburg HyVee who asked if I wanted "to sign a petition to end discrimination." When asked if the petition was to end affirmative action, he said yes. Two young men standing and listening looked at each other as if to say, "Wow, we almost got taken!" and left without signing. "

 Wow wrote on May 30, 2008 3:57 pm:
" You really can't beat a former Nebraska Supreme Court Justice when he finds that the city will enforce current law for private property holders. Kudos Mayor Beutler for getting John Hendry as the City Attorney! That's got to be a punch in the stomach for these so called civil rights petitioners. However, I decline to sign every time when I see these people. I hope you do too. "

 outside money.... wrote on May 30, 2008 4:24 pm:
" and outside interests trying to corrupt and ruin the good life in Lincoln, NE. I sure hope voters don't fall for it. "

 Sue Goodson wrote on May 30, 2008 4:25 pm:
" Thank you Mayor Beutler. Out-of-state paid circulators of petitions should have no more right to be on a store's private property than they have to be in my yard harrassing people who pass. Circulators' comments about quotas and illegal immigrants have little or nothing to do with the reality of the petition to take away my rights or those of my daughters, as females, to any job for which we're qualified, to equal pay, to lose rights to be considered for employment because I'm a near-senior citizen or my younger daughter because she has young children, etc. Why should our rights be diminished in our home state because a man from California and a few others from Nebraska started a petition and are gathering signatures based on lies and untruths? Equal opportunity and affirmative action laws protect me and you - Nebraska citizens! "

 kmk wrote on May 30, 2008 4:41 pm:
" Finally! I work at a store that has these petitioners at the entrance and exit and they are very annoying. "

 Shopper wrote on May 30, 2008 4:46 pm:
" YES! YES!! YES!!! Way to go, Mayor Beutler. "

 John wrote on May 30, 2008 5:23 pm:
" This is GREAT news, best news I've heard in a month. Now those petition people will not be able to camp out at the exits and harass every single person coming out of the store. Wonderful, thank you Lincoln. It's about time. "

 where can I sign wrote on May 30, 2008 5:52 pm:
" let the people vote...what are they afraid of? "

 Chris wrote on May 30, 2008 6:16 pm:
" I knew this petition was bogus. What's with the 'end discrimination' bs they keep asking me again and again and again... nice to see so many good comments. "

 jen wrote on May 30, 2008 7:11 pm:
" I admit it - I rarely hit Walgreens (south st.) during business hours because I don't want to be hassled by the constant stream of petitioners. "

 Dan Bretta wrote on May 30, 2008 7:30 pm:
" The petitioners were polite after I declined in front of Walmart and Walgreens, but the guy at Westlake Hardware was very rude after I told him I didn't want to sign. Good job Mayor! "

 Private wrote on May 30, 2008 7:31 pm:
" Well, not quite. They'll be able to "camp out" if the store allows it (some will). "

 Tim wrote on May 30, 2008 8:01 pm:
" I for one don't have a problem with them. I passed by them several times at the HyVee on 70th and simply said "No thanks" and walked in. As far as ending discrimination, it depends on your point of view. I lost out on a scholarship when I had the same GPA as the person that won simply because I am a white male. So was THAT discrimination? "

 Momof wrote on May 30, 2008 9:19 pm:
" While I was shopping last weekend I encountered a petition circulator. I asked what it was for and he did explain what it was. Now,I might vote against the issue it if it makes it to the ballot, but I think that if enough people are interested in it, it should be on the ballot. Then you speak with your vote. As I was signing the petition, there was another woman who was going into the store and started yelling at ME about how my signature is going to end affirmative action. Well I know that's not true--all it does is put the ISSUE on the ballot. People need to better educate themselves about the process. What if it's an issue that you believe in? Then is it OK for someone to stand outside and gather signatures? The petition process is part of democracy. Having said all that, I do agree that stores, etc. should have the right to turn petitioners away. "

 UNDERSTANDABLE wrote on May 30, 2008 9:44 pm:
" These people are annoying and need to quit doing this on private property. I like to go to stores and shop without being asked to sign something. My usual response is no I am not interested. "

 DWII wrote on May 30, 2008 10:17 pm:
" Go figure, when it was about the smoking ban,something the city was ALL FOR, it was passed that petitioners could stand outside my store, since it was "public" property. I could ask them to leave, but the police wouldn't make them because of the law that was passed.
Now that there is something lawmakers DON"T want passed trhough they reverse it!
I'll be glad to see them go away, but I really think it is messed up that the law was passsed in the first place! "

 Yup wrote on May 30, 2008 10:41 pm:
" You do realize this applies to all petitioners and blockers, not just the ones dealing with affirmative action. What this will mean is that it will be harder for anyone to gather signatures, whether it's for a recall for Mayor, or gambling, etc. I can't believe the comments that say private property owners should be able to decide things about their property, when the government just took away their right to decide about smoking. I agree the private property owners should have the right to decide what goes on their property, but that includes smoking. "

 End preferencial hires wrote on May 30, 2008 10:41 pm:
" My wife and I signed the petition this evening to put this measure on the ballot so people can vote on it. The person collecting signatures was very pleasant and respectful - Walmart on 84th & Hwy 2. For those interested, there is some great information on the following site. www.nebraskacri.org/ "

 Petition Process wrote on May 30, 2008 10:44 pm:
" As far as the petition allowing it to become a part of the voting process, it is not the same as it used to be. Most people know about the issues today if they watch the news. I am one of those people. It is for that reason that I elect NOT to sign the petition...because I, as a voter have already made up my mind and and making a conscious decision to let my voice be heard by NOT signing the petition and getting it on the ballet. Just my stance, but the process works. If not enough people are willing to sign the petition, it means that it doesn't have enough support to get on the ballet and win. As far as petitioners, I really hate to be rude, but these people detract from the good causes that do utilize the good will of businesses (salvation army, VFW, Girl Scouts, Boy Scouts, etc etc etc). "

 dewboy wrote on May 30, 2008 11:25 pm:
" What a neat deal. The city did NOT stir up a fuss about the smoking ban circulators. WHAT actually is the big deal now. (smells like UNL) As far as the new city attorney goes, yea he is a real jewel. Just watch a city council meeting. "

 doug wrote on May 30, 2008 11:33 pm:
" This is great news. I was stopped by a petitioner outside of WalMart a few weeks back who hounded me for a signature. When I asked him about the effects of the petition, he mocked me and asked me why I cared telling me just sign to put it on the ballot. He began shouting at me that I was "harassing him" when I pressed him with questions and he threatened to call the police on me. I am not going to shop at a store if petitioners there threaten to call the police on me. I can take my business elsewhere. "

 hey harbison wrote on May 31, 2008 2:49 am:
" If this was such a great idea how come these circulaters have to be paid. Why do they not do this work Pro-bono...oh wait cuz they are not from Nebraska and do not have to live with the consequences of their actions. Like real regular hard working nebraskans. Why dont you resign from your job at the University and go and get people to sign and if you get it to pass you should have no problem getting your job. Because after all you will not have to worry about some female or minority taking your position due to lack of preferences "

 Laurie wrote on May 31, 2008 5:06 am:
" Actually, Mr. Harbison, he's upholding the right of business owners to keep annoying people off of their property so they can keep their customers comfortable and continue to do business. That sounds awfully Republican to me. "

 Action wrote on May 31, 2008 5:21 am:
" I was walking out of a store on N 27th st. when I saw a large, young, man in his 20's yelling at a amn that looked to be about 90. I went right bsck in Sams and told them, and they said they were watching? I walked back out and the large man was still there, I asked him what his petition was for, and he just glared at me. As I walked toward my car he yelled to me "you better keep walking!". At that point I should have called the police, but no, like a fool I told him to "Get", well you know what I mean.I'm sorry I said that, and it has bothered me since. "

 Pheeeewww wrote on May 31, 2008 7:33 am:
" Now I'll be able to shop at Best Buy in peace! Thanks Beutler! "

 Or Gerard wrote on May 31, 2008 8:13 am:
" He's protecting the rights of individual property owners. If the people looking for signatures weren't so obnoxious about it, most people wouldn't be applauding this move. Perhaps they should have been instructed better on how to go about doing their jobs. Or perhaps the NCRI shouldn't have hired people to do their work for them - now they're battling both attacks on the issue itself and the notion that this is an outside group throwing a bunch of money into the state to try and change our laws. "

 MP wrote on May 31, 2008 8:17 am:
" My question is why now? This makes now since to me. If your on my private property and you refuse to leave then the police should make you leave or arrest you. What makes the difference if your a circulating a petition or not. I'm not a fan of Beutlers by any means but think he made a good call here.
With that said. I also was at the Williamsburg HyVee and one of these dig bats jumped in front of me and started in on me. I asked him to move and he said "but don't you want to make Nebraska a better place to live" I told him ya where is the petition at that will make you idiots go away? He didn't like my comment. "

 Mark wrote on May 31, 2008 9:15 am:
" DWII, I see a lawsuit coming. I will gladly sign it and let the voters decide. We need to get rid of AA or Reverse discrimination. "

 voting wrote on May 31, 2008 9:58 am:
" I don't care if the petitioners ae asked to leave, but I agree that the law should be enforced equally for all. It isn't much of an annoyance. You don't have to vote yes on anything. The petitioners are only seek to place questions on the ballot. And, you don't have to sign if you don't think it is something that should go on the ballot.Stiffling our rights to put issues on the ballot is far more troublesome.Someday we will need that right and won't have it. "

 annoyed shopper wrote on May 31, 2008 11:28 am:
" if it's not the girl scouts or boy scouts parent throwing their kids in front of you it is a petitioner. Then i went to renew my plates and a petitioner is stopping in front of me trying to get me to sign it there. Someone needs to pass a law to prohibit this annoyance. Does anyone know where I might be able to go that doesn't have these nuisances? "

 John K. wrote on May 31, 2008 2:07 pm:
" I have served on many search committees at UNL and they do push you to hire someone of color or a person with disabilities instead of the best person for the position. "

 fish without a bike wrote on May 31, 2008 2:13 pm:
" As far as the democratic process goes I can't see the harm in signing to place nearly any reasonable issue before the voting public. A happy medium
needs to pertain for those wishing to collect signatures. Shoppers shouldn't have to pass through an entire gauntlet
of petitioners with clipboards to enter a store, but if one isn't in a complete tearing rush how is
answering a quick, courteous inquiry really going to commandeer your day? I would never sign a petition to ban gay marriage though. Don't believe in dictating the basic, personal life choices of my fellows, even though these sometimes appear less than perceptiive, kind and sophisticated. "

 Get a real job wrote on May 31, 2008 2:30 pm:
" There's nothing I like better when I go to Walgreens or the Post Office during a busy day and get stopped by someone with a clipboard who wants a moment of my time and a signature............NOT! "

 S wrote on May 31, 2008 3:38 pm:
" Great! It's about time! I'm so tired of being accosted by these people outside the grocery store and was about to quit shopping there (Super Saver). I noticed the petitioners weren't there today, thank goodness! "

 An Inconvenient Truth wrote on May 31, 2008 4:08 pm:
" To those complaining about paying petition circulators: Please don't forget Senator George W. Norris, "the Fighting Liberal," paid circulators back in the 1930's to successfully get the unicameral legislature issue on the ballot, which later became foisted on the citizens of Nebraska. "

 DogMom wrote on May 31, 2008 4:27 pm:
" I find most petitioners rude and annoying. If they are in front of a business, I have a tendency to take my business elsewhere. I think they should be banned from most properties or at least made to say at least 300 feet away from an entrance. I especially abhor seeing them in front of the Lancaster County Motor Vehicle Registration office. (I have to use the drive up to avoid them.) "

 CW wrote on May 31, 2008 4:43 pm:
" While I applaud this, here's a thought: Just ignore them. Go about your business and don't let yourself be annoyed. Works everytime "

 Ron wrote on May 31, 2008 5:17 pm:
" All this came to late for Fairbury when petitioners were hounding residents in their homes after 9:00pm. Then the County Clerk said, no problemo. "

 jo wrote on May 31, 2008 5:40 pm:
" I went in a store the other day and complained when I observed a petitioner chasing a young blond in the parking lot. It was apparent she wasn't interested and he wouldn't leave her alone. Terrorizing people is not OK! These petitioners probley are hired by a company and are getting paid by the number of signatures, some of these guys looked as if they had prior issues with the law as well. "

 Response to Tim wrote on May 31, 2008 6:08 pm:
" Tim, funny I'm an African American male and I've lost out unfairly on numerous jobs, scholaraships, television programs, respect and dignity simply because of the color of my skin. I guess we're even...Maybe! Affirmative Action isn't just about a scholarship. I would gladly give it to you as it appears that you need the education. "

 FYI wrote on June 1, 2008 10:42 pm:
" Most if not all of these petitioners are not from Nebraska. They're paid $2.00/signature to do this. They're hired by third party companies who contract out the work to these un-educated nomads with no personal stake in Nebraska legislation. No matter your opinion on AA this is the reason why money is so influential in politics. It makes me sick. "

 Pay Me wrote on June 4, 2008 3:49 pm:
" I was stopped by one of these signature hunters from outside of our state. When I asked how he was getting paid I was told that he was paid per signature. When I said I'd sign if he split the money with me I was abruptly told "No, that would be illegal!" Why is it legal for him to make money off of my name but I can't make some of the money myself? I don't see the difference between getting paid to collect a signature or getting paid for a signature. Ha Ha. Paid circulators are a joke. The law should be changed to either ban them altogether or require that they get paid at least minimum wage for every hour that they work. Start paying them per hour and the circulators wouldn't be so aggressive. I'd also be willing to bet the outside interests would start looking elsewhere and I think that would be best. "

 annoyed wrote on June 23, 2008 5:05 pm:
" Way to go Mayor Beutler! I am not from lincoln, but I wish they could make these petitioners get out of my town and all of nebraska for that matter. Every week these petitioner creeps hang out in front of businesses. I can't go shopping during normal business hours and support local business because of these creeps camping out in front of stores. Some of these people don't take no for an answer. I have a right as American to not be harrassed by these people. I am not harassing them, they are harassing me. "

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