Edition:
July 3, 2009
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Letter: A distortion Editor, The Friday Flyer:
An article in the paper’s June 26 issue attempts to cover the administrative hearing involving Marty Gibson and Pepe’s presentation of “Seduction: Exotic Men of Magic.” The article is obviously shortsighted and reports only one side of an issue affecting our community. It also significantly distorts the substance of the hearing.
In particular, the article cited a statement, reportedly made by Gibson’s attorney, that “After hearing both sides, the hearing officer determined that the performance had not violated any municipal code provisions.” This statement appears to be false and does not accurately describe the actual comments of the hearing officer.
On the contrary, it was the hearing officer’s opinion that the City police cited only the definition section of the municipal code rather than other sections, which he believed were more appropriate. The hearing officer subsequently dismissed the citations on that technicality.
However, on three occasions during the appeal, the hearing officer commented that it may be desirable to cite Mr. Gibson under criminal codes.
To date, the City has elected to issue the citation under the less severe municipal codes. It is important to note that the related dismissal does not bar the City from re-citing Mr. Gibson under more “appropriate” code sections. Of course, the City also retains the right to cite Mr. Gibson under provisions of the criminal code.
Barry Talbot
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