NOT ALLOWED TO STAND ON THE SIDEWALK. I was standing on the public sidewalk, obviously sober, non vagrant, and out of the way of passers by, in front of the building (339 Monticello Avenue) next door to The Norva's outdoor smoking area (321 Monticello Avenue) around 9:30pm as is my legal right to do as a citizen of The United States of America, as well as a taxpaying resident of Norfolk, VA. The Norva's private outdoor smoking area has a poorly built chain link fence, which is falling apart, between the public sidewalk and the establishment's private outdoor smoking area. There is a ragged black cloth hung shoddily on the fence along the majority of it's length. Neither the fence nor the large rag block the view of The Norva's private outdoor smoking area. While I stood on the public sidewalk in front of the building next door to The Norva's private outdoor smoking area I was able to, and did willfully look into The Norva's private outdoor smoking area, which is my legal right to do as a citizen of The United States of America as well as a taxpaying resident of Norfolk VA. At the request of The Norva's private security guard, a police officer came to me and told me I had to leave, as I could not "just stand near the fence". I asked "Are you saying that I can not legally stand on the public sidewalk?" He said "The sidewalk is for walking. You're standing still." There was another citizen about 30 feet away who was obviously intoxicated in public on the same sidewalk. I asked the Norfolk police officer where it is legal to stand in public. He then told me that he was sent to harass me by The Norva's security guard, who feared that I "may try to jump the fence". So what, I'm the criminal in The Norva's security guard's thought crime? I politely asked the security guard to speak with me concerning the matter. Somehow he thought that his authority extended out of the actual physical property of The Norva, and all the way out into the public area near The Norva. I offered the Norfolk Police officer the opportunity to protect my rights as a citizen of The United States of America, as well as a taxpaying resident of Norfolk VA. He responded by telling me that to stand on the sidewalk was in violation of city code section 29-10; disorderly conduct. He said that by standing still I blocked foot traffic and that was disorderly conduct. What he was trying to say was section 29-10 part (3)
Obstructs vehicular or pedestrian traffic; somehow applied to me standing calmly on the edge of a wide sidewalk without blocking anyone. I stood still on the public sidewalk, as is my right to do as a citizen of The United States of America, as well as a taxpaying resident of Norfolk, VA. I explained to both of them that I am not doing anything disorderly, including, but not limited to jumping The Norva's unsafe fence nor blocking foot traffic. We went around and around the subject until eventually the Norfolk Police officer told the security guard not to worry about it, and that he's "got it". The security guard went back to his actual business presumably at this time. The Norfolk police officer said quite abruptly "I'd like you to leave. Please leave." I asked if the law states that I must do so be cause that's what he WANTS me to do. He said rudely "No. It's not a law. I just want you to leave now. Please leave." I said "Okay." and nodded my head. He walked away. It was at this time (30 minutes or more of my time, not to mention I'm paying the Norfolk police officer for the time he wastes harassing this citizen who is well within his own legal rights to stand on the public sidewalk and not bother anybody) that I was freed from the harassment by both the representative of The Norva and the Norfolk police officer acting on The Norva's behalf. THE RANGE OF THE AUTHORITY OF THE MANAGEMENT OF THE NORVA AND ITS REPRESENTATIVES ENDS AT THE PROPERTY LINE AND DOES NOT EXTEND OUT INTO THE PUBLIC SPACE. read more