A copy of the Beavercreek Police incident report can be found here.


Incident Number: 200500015473
Date 9/10/05 From: 19:20 To: 19:40
Offence: Unwanted

NARRATIVE SEP 11 2005 08:04
MEMO NARRATIVE: At 1920 hrs, 09-10-05, Ptl. Burkett and myself were
on duty at the Popcorn Festival. We were requested by the Popcorn
Festival Committee person(s) to respond to Rodnebeck Drive by the
political booth's. Upon arrival, We spoke to Paul Bailey of the
Festival Committee. He advised that a W/F later identified as Mary
Collier was causing a problem. She was giving out political pamphlet's
in the area but did not have a paid booth. They required the other
politicians to pay for a booth to conduct their campaigning. They
asked her to stop and she became smart with them, and she also started
to argue with another unknown female that she stopped.

I spoke to Ms. Collier who is running for school board. She said
that she tried to get a booth, but they told her there were none
available. Later they offered her one away from the other politicians.
She felt that they were bias against her since she was not among the
established politicians of Beavercreek. She wanted someone to show her
why she could not give out pamphlet's. I was unaware of any ordinance
that she was violating. The Festival Committee was unsure if they had
anything in writing. I told her that she needed to be careful how she
conducted herself at the Festival. She was not to argue with people or
block their path in any way. She understood and I allowed her to
continue on her way

On 09-11-05, I met with Paul Bailey who looked up the Festival By
Laws. It did show in the Bv Laws that a booth must be paid for and no
hand solicitations or political pamphlets were permitted outside of
the booth's. I told them that they coiuld ask her to leave if she did
not abide by the By Laws. They are going to watch her activities and
decide if we need to get involved again or they would just talk to


CASE NUMBER: 05-15473
OFFENSE: Unwanted Subject

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