Banks Wise of Mableton is handcuffed and escorted out of the Cobb Commission hearing on backyard chickens Tuesday night after refusing to give his name before speaking.
Staff/Emily Barnes
Staff/Emily Barnes
During the first of two public hearings on a proposal to allow chickens on property under 2 acres in size, speakers on both sides of the issue provided emotional appeals to the board.
Banks Wise, 25, of Mableton, said he had planned to attend the board meeting just to listen to what others had to say about various code proposals, including the one on chickens.
But then he stepped up to the lectern to address the commissioners during the public comment period, and board chairman Tim Lee asked him to recite his name.
Wise declined. Lee asked several more times for him to give his name before the police officers escorted him out of the board room, handcuffed him and took him to a lobby elevator.
“The gentlemen was not following the rules of the commission,” Lee said. “I asked him multiple times. He did not, so the officers removed him.”
Lee said he regretted the incident and that it was not something that had occurred before during his tenure as chairman. Lee said once speakers ignore his request, the decision is then up to police as to how to proceed.
“That’s a judgment up to the police officers who are charged with doing what they need to do,” Lee said. “That is their own personal decision. If they felt that their own personal decision and the safety of the other hundred here that was required that he left the room, then I have to support the police officers decision. My understanding is he’s been since released with a warning.”
Wise said two things prompted him to speak to commissioners. One was a comment by a previous public speaker opposed to a code change for chickens. That speaker, Ron Sifen of Vinings, argued that homeowners had certain expectations with the zoning laws in place when they bought their homes. To allow chickens in their neighborhood was, therefore, wrong.
Wise said he wanted to argue that just because a law is on the books, it doesn’t make it constitutional.
“I’m saying that being able to have a chicken was always right. There was just at some point a very bad law,” Wise said.
Another point that bothered him was that Lee demanded that each speaker give his or her name.
“On two times people spoke, and Tim Lee interrupted them and asked them for their names, and the way the government uses that kind of force, it seemed very forceful and as I was trying to explain to Tim Lee while I was talking to him that I would have given my name, I had no problem with it, but I wanted them to know you shouldn’t have to, and I just wanted to say that peacefully. I just thought that that needed to be said,” Wise said.
Lee has a different view.
“We have a consistent policy that we know who’s speaking to us. That’s been part of the rules for decades. We need to be consistent,” Lee said.
Wise said he is active in Republican circles and works in real estate.
“It always saddens me when people’s rights are trampled. It has upset some friends of mine. One of their children cried when they saw me being walked out tonight,” he said.
His father, Lamar Wise of Mableton, active in the campaign of state Rep. Charles Gregory (R-Kennesaw), was in the audience when his son was handcuffed.
“I thank God that he’s safe with us tonight and they were wise enough not to carry through with any further actions against him and released him as peacefully as we could have hoped,” the older Wise said. “I think he felt that he was still speaking with the chairman, who knows him personally. He’s met him months ago and we were all talking in the aisle way directly before the meeting, more than once, at Republican Party events.”
As for whether the younger Wise will take action against the county, he said he first wants to clear his head.
“I think it’s always good to have a thinking period so I’m trying to make decisions right now,” he said.
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The cancer causing chemicals you spray on your lawn are worse than a few chickens.
I thought it would be constructive to add that from what I've gathered Tim Lee knew the young man by name prior as did the author of the article.
I don't wish to try an calculate what rights are more important than others, I have voluntarily chosen to take interest in property rights but the over reach of government in the rest of our daily lives is just as important especially when it affects free expression in public places.
To quote someone else here :
"Without our first amendment rights, our speakers would not have been allowed to share their opinions. I think overall it was a very good night for Liberty. I wish we could all stick up for both rights together and fully support each other as we try to open up the minds of people who are oblivious to the overreach of our government."
Custom (ie giving out your name) is voluntary. Think about how is would make you feel to be forced to do other things you normally do by custom.
I love the idea of a volunteer committee helping investigate forward thinking policies and proposing them to the county board. In fact, I would LOVE to be on such a board.
I do think it is time to reassess our priorities in Cobb County (and around the country, quite frankly). Issues like those concerning the right to backyard food production seem like a natural melding of both Conservative and Liberal ideals, where I think with a little discussion we can come to compromises that meet everyone's needs and desires in an intelligent way.
Conservatives value self-reliance and independence... growing your own food and having your own eggs on site are a good example of this. Many liberals like the idea of knowing where their food comes from and the means by which it was done. Many desire food produced organically and locally instead of propping up large, potentially abusive, polluting factory farms.
I think in light of other environmental issues, Cobb County needs to revisit many of our property code ordinances and perhaps even some of the covenants allowed to be upheld in so many of our subdivisions, because they often not only perpetuate but DEMAND destructive, wasteful, and environmentally irresponsible behaviors be carried out on a massive scale. Many of these ordinances and covenants also block home owners from doing environmentally conscious things like occasionally using a clothesline or having rain catchment barrels. Maybe these things used to imply "poverty" and "minorities", but now they just as often represent young families with children looking to cut their utility bills and minimize their environmental impact. Surely many of these issues could be revisited, and standards be written that allow considerate and responsible practices that are forward thinking, rather than banning them based on outmoded priorities and perceptions.
I have also spent the last 3 years living next to a string of renters who have left their dogs out in the yard for 10 hours a day, often putting them out before 6am and leaving them out at night well after 1am. I have to think that I would have preferred they had chickens. I also know it is really frustrating as a home owner to be harassed and threatened with fines over having a rain barrel during a drought, or leaving grass longer on the hill at the very back of my property to prevent erosion, when I don't believe my rain barrels or my longer grass hidden from street view are actually ruining anyone else's quality of life or keeping them up at night. :)
I am sorry Cobb county police decided to play the part of "jackboot thug" in this very sickening episode of government bully.
I can legally own a pack of larg dogs that could carry disease, create sanitation issues, and maul or kill children and adults, but a handful of hens for fresh eggs is out of the question? A few ducks for relaxation is a threat to the neighborhood? I ask that people please do their research before passing judgement.
She is a 1st amendment lawyer & knows her stuff!
Now that it is so cool to be organic, they now are aware they cannot legally have chickens on their property.
The fad will die out soon enough, and they will move on to the next idea.
While frankly, I find Mr. Wises assertion he has the right of anonymity, our founding fathers worked hard to make it so citizens did NOT have to speak in anonymity. That being said, it works both ways. After the harassment Andrew Wordes endured by government officials in Rome Georgia, anonymity doesn't look like a bad idea. Commissioner Lee . . .kinda Nazilike and downright cowardly in trying to shirk responsibility to the officers he used as his goon squad. Wise and Lee: When two morons collide.
OverLord Lee ruled: "20 lashes for the offender. First these peasants turn down my T-splost, now they refuse to identify themselves addressing higher beings, next they will want to retain their right to keep and bear arms!"
Maybe if the shooter had backyard chickens as something to do growing up rather than playing violent video games, he would not have done what he did.
Ironically our Cobb Commission seems to be too high on their horse to see the benefits of fowl to society.
Current laws provide no limit on dogs, cats, and even pot belly pigs. Is county overrun with these animals?
By Ron's theory, Cobb should NEVER allow change, as it would ruin the expectation of the people. How does that work?