I was assigned to work a special detail, the Popcorn Festival, starting at 1430 hours. I heard Capt.
Turner radio to Ofc. Snyder, reference the unwanted subject call, which had been handled by Ofc. Curd
on 09-10-05. Capt. Turner advised this subject wanted to see something in the ordinances/rules, which
prohibited her from passing out flyers, unless she rented booth space. I made contact with Ofc. Snyder
and Ofc. Amato, who were scheduled to get off duty, and advised them I would handle the call for them.
I made contact with Capt. Turner, who provided me with a copy of the by-laws, which specified the
rule for not being able to pass out or hand out flyers, unless a booth has been rented. This by-law was
indicated by the letter "K." The Popcorn Festival Committee had warned this subject about her actions
and she demanded to see something in writing. I took the sheet which had the rule on it and proceeded
to the area of the festival, where the political booths were located, so I could speak to this subject and
show her the rule. I was advised this subject, Mary Collier, was back today and creating problems again
and doing some of the same things, as she had been previously been warned to stop, since she did not
have booth space.
The Popcorn Festival officials pointed out Mrs. Collier and I asked to speak to her. Mrs. Collier
immediately was defensive and questioned my authority, by asking what the ordinance number was on the
by-law. I attempted to explain to her that I didn't know if the by-law had a specific ordinance number or
not, but she could not hand out the flyers and cause a disturbance, if she didn't have booth space rented.
Mrs. Collier was asked politely to leave, if she insisted on continuing her actions, and she refused. Mrs.
Collier asked if she was under arrest and I advised her she was not under arrest, at this time, and I wanted
to avoid that, if at all possible. Mrs. Collier indicated she had not handed out any flyers or handbills and
was not causing a problem, therefore she was not going to leave. Mrs. Collier stated that some of her
opponents in the upcoming School Board elections, were the ones causing the problem(s), not her. At
this point, I had one of Colliers' running mates start to interject and also point a finger at their
opponents. I observed one of the opponents or associates to the opponents, taking a couple of pictures
with his cell phone, of Mrs. Collier and myself I informed this subject to not take any more pictures,
since he/they were making the matter worse. Ofc. Hickey then went and asked the City Manager, Tim
Hansley, to come over and join the discussion, since Mrs. Collier was asking for the "specific ordinance
number." Mr. Hansley was cordial and polite with Mrs. Collier and attempted to explain the by-laws to
her, which prohibited her from handing out her flyers, unless she rented booth space. After Mr. Hansley
thoroughly explained the rule/by-law, Mrs. Collier made the statement that she felt she was being
harassed by the City Manager and the City Police. I told Mrs. Collier she was not being harassed, but she
was creating the problem, which resulted in a complaint being called in, which we are required to answer.
I told Mrs. Collier, if she filed a complaint against someone or something, we (City of BEAVERCREEK
Police Department) would be required to look into it and investigate it, regardless of who it involves. I
informed Mrs. Collier that she was not going to continue to stay in this area and hand out flyers or cause
a disturbance. Mrs. Collier stated she was going to stay where she was, because she had not handed out
anything today. Mrs. Collier's running mate then suggested they go and rent her a booth space and she
agreed to go with him and the Popcorn Festival Officials, and completed the necessary paperwork and
paid the required fee. After Mrs. Collier completed this process, there were no more problems in this