Jeff McCollough

The city and I are at odds once again! They do not like my "Welcome To Broken Arrow" banner and I don't understand why not? Anyway they want the banner to come down but in the process they are going to try to take out my flag pole. The problem is that I usually have the American Flag and the POW/MIA Flag flying. The reason this flag is up is because the other flags were tattered  and being replaced. I was contacted by the City of Broken Arrow to take down the banner and so I ran up the "Come and Take It" flag in response to their demand.

 Auto transmission shop owner Jeff McCollough ran a historical banner up his company's flagpole, but the city isn't saluting.

E-Mail I sent out

Being sent to as many members of the First Baptist Church of Broken Arrow as i can. I had a chance to speak to both Kevin and Robbie Sunday and they support me and I'll have a chance to speak with Bro. Nick Wed. night. I know I have all the support of the people that read the paper and came to me in the halls and told me so.

Go to:
http://jeffmccollough.com/comeandtakeit.aspx

This is the short of it. They hate my banner and they are using "Code
Enforcement " to get at me. The news paper did a OK job of reporting it but they
did leave a lot out.

I have the VFW supporting me and the Army Reserve Center backing me also on
"Just leave the flag alone". I've moved the banner and I'm making my "Custard's
Last Stand" on the leaving the Flag right where it is.

I can't find a law against putting the flag on the corner. If they have to take
it down because of road work then they do not have to put it back up but there
isn't a law against the flag being there.

They got mad about the banner and they are taking it out on the flag.

When the city guys came out and laughed about how upset their bosses were they
let we know that just last year when they redid city hall they put their flags
in the street right of way! As Bob Lewis of the BA Ledger said "Sounds like sour
grapes to him".

State Sen. Bill Brown stopped by the shop and ask me what was wrong with the
guys down at city hall? i told him he would have to go ask them himself because
they were to chicken to come down and tell me to my face. Sen. Brown said he was
going to get to the bottom of this but we will have to see what happens Monday
morning.

Please call City Hall and tell them you want the flag right where it is. Every
call will help. Please get as many people as you can.

Phone:
259-8419

E-Mail:
jtwombly@brokenarrowok.gov

I know this sounds silly but the reasons they are doing what they are is really
wrong and we the people need to stand up for what is right!!

Standing Up For What's Right
Jeff McCollough
830-4468

Mayor McCaleb's response

Dear Mr. McCollough:

Banners are allowed for businesses on private property by permit. However, they must be placed out of the right-of-way to avoid such things as obstructing site angles. Permits can be obtained at City Hall as well as proper placement criteria. Flag poles and flags are allowed on any private property (business or residential) and they as well must not be in the right-of-way. There is no permit required for flag poles and flags. Governmental entities (cities, schools and the state) are allowed to place objects in publicly owned right-of-way.

I understand in your situation that someone called in a complaint about your banner and after inspections investigated the complaint it was discovered that not only was your banner, but your flag pole as well was in the right-of-way and both needed to be moved back a few feet onto your own property. We receive numerous complaints from citizens about banners, including the opinion from citizens that the city should not allow them at all. However, banners are an important advertising method we allow by permit so that merchants can promote grand openings, special events, sales, etc.

I applaud you for flying the American flag. I wish every business would do the same. However, I trust that you can understand that placing objects in the right-of-way could place the city at liability and that once the city becomes aware of this we are required to notify the property owner that they must move the objects out of the right-of-way.

If you wish to discuss this issue in more detail, please contact me on my cell at 693-4557.

Regards,
J. Wade McCaleb, Sr.
Mayor
City of Broken Arrow

 CITY OFFICIALS NEED TO READ!

I called Mayor McCaleb Tues. afternoon and we had a very good conversation. The Mayor wants a amicable solution to the problem. It is my opinion that the Mayor and other councilmen need to take back control of running the city from the hired employees. They were elected by the people to represent us not the hired employees that run this city at their will. We have a good City Council now with all 5 members trying to a good job. It is time for them to stand up a take back control of the City of Broken Arrow and put it in the hands of the people that were elected. They need to clean house starting at the top and get employees that will work for what the people want and not for what their personal agenda. People that have American beliefs and not Socialist beliefs that include the government taking private property for it's citizens. It is time for people to stand up and make their voices be heard.

 PLENTY OF FLAG HATERS

CLICK HERE

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The city wants the American Flag off their grass. I asked them as we stood there looking up at the flag and seeing that it may only be a couple of feet in their grass "Does the City of Broken Arrow want the American Flag on their grass?" Their answer was "NO".

Here is a copy of their letter they gave me.

Councilman Tucker's e-mail to me

March, 23

Jeff,
I have been out of town for the past week, read the story in the Ledger and called the city manager from out of town. After speaking to him, it is my understanding that your flagpole is on the city right-of-way. The city, after determining such a struture is in the city right-of-way is obligated to require that it be moved. It was checked in the first place because apparently there were complaint(s?) about your banner being in the right-of-way. The complainant was upset because their business was not allowed to place a banner in the right-of-way. As I understand it city doesn't care that you are flying the "Come and Take It" flag, just that the pole is in the right-of-way. Possibly this has already been settled. I don't know yet what, if anything, occurred on Monday last. I received your email(attached) about 16 times, and am just now getting around to answering. I find it interesting that you felt the need to set up a web site for this issue. Hope everything works out.

Philip Tucker
Broken Arrow City Council
Ward 4
Broken Arrow, OK

My Response to Councilman Tucker

March, 24

Mr Tucker
It was code enforcement that informed me that it was their boss (city employees
very very high up that were "pissed Off" about the banner). Sen. Brown came by
and spoke to me about the banner and flag pole. It was after his conversation
that this story of a complaint came up.
Mr. Tucker it was you in a council meeting that brought up "who's banner was
it?"
It wasn't until then that I made it known that I put up the banner that there
was a problem with it.
I also made it know that I was supporting Mr. Hood in filing a law suit against
the city for stealing his garage sell items. I told code enforcement that they
knew they were wrong and they agreed. Also that Mr. Hood wasn't charged for the
removal. Funny thing that within a few days Mr. Hood received a minimal bill in
the mail only after my statement.

I came to you several months ago and told you that the people that worked for
you had lied to you. Well they are lying now also.
This started when I put up the "Welcome to Downtown Broken Arrow" banner and
Gary from the city called me and told me that I had to take it down because of
not being permitted. After I made him aware that I did in fact have a permit
and choose not to take that banner down that we are where we are today.
The first call was about "I had to remove the banners because I didn't have a
permit".
Ann Mize was here when Mr. Grey from "One-Stop" came by to give me 5 days to
move the flag pole. This was the day after the council meeting and 5 days makes
it before the next one so I guess that keeps me from making any statements to
the council about this publicly?
As we stood there and looked we weren't sure that the flag is on city property
or not. I just had went along with the city that it was. It may be 6inches over
and I asked if the city of BA wanted the American Flag on their grass and he
said "NO".

If the flag pole is on city property I will dig another hole on my property and
move it BUT this story of what you've been told by your city manager about a
complaint is a lie.
I spoke with Mayor McCaleb and he said their would be a paper trail of a
complaint if one was made and if you check you will find that there was not one.
I talked to code enforcement face to face and they would not tell me the city
officials names but they would say that they were as high up as you can go and
they were personally pissed off at me and that the code enforcement was sent to
harass me because of their personal feelings.

Sen. Brown felt that it was wrong and I'm not stopping there. Monday letters go
out to the US Senators about what this city officials will do to people they do
not like. My niece worked for Sen. Inhoffe and she knows who to write to and
what to say. Ann Mize will represent me against the city and help in Mr. Hoods
case also.

Mr. Tucker you have a den of thieves and lairs working for you. I think it is
time for you to clean house. You told me that you wanted to give them a year
before you made those kind of decisions well the time is now. If they would lie
to you about something as small as a complaint about a banner then how can you
trust them about anything?

There is more but this is all I have time to go into.

Thank you for writing me back. Sorry for the repeated e-mails before my e-mail
program kind of went nuts. So far you and the Mayor are the only ones that have
cared enough to to respond. But the response from the public has been awesome.
You remember, the people that elected you. You run our city not the paid
employees or has the council lost control?

You asked for this job and now it is time for you to put your employees back in
line and let them know who's boss. We the people are represented by you to make
sure the paid employees do their job the way you want not the other way around.

Jeff McCollough

E-Mail to all Councilmen

March 24, 2008

March 24, 2008

First off Thank You to Mayor McCaleb and Councilman Tucker for your time to
respond to me. FYI Vice-Mayor Mike Lester the owner Bill McCollough lives in
your district.

The City Code enforcement guys were by today marking the property pins. We have
been looking through the CODE OF ORDINANCES
CITY OF BROKEN ARROW, OKLAHOMA and haven't been able to find the Municipal Code
that I would be in violation of. I asked the code enforcement guys what was it
that this code said and they didn't know. I've been harassed by city dept. for
the past several weeks and they can't tell me what the exact ordinance is or
what it says. I've been threatened with the city coming and taking the American
Flag then that was changed to you were just going to write me a ticket now you
say that all I need to do is dig a hole a couple feet back and you will help me
move it.

The story that Mayor McCaleb and Councilman Tucker tell me is different from
what actually happened. When Sen. Bill Brown came by and asked for the story he
heard me tell him the same one that I'm telling you today. So either I'm lying
to you or someone that you are getting your information from is not telling the
complete truth. And this is over a silly banner! Or moving a flag pole!! What
else will they lie about?


Sterling is quoted by the paper:
"They determined the flag pole with the banner was in the right-of-way."

All McCollough needs to do, according to Sterling, is move the pole back few
feet.

"Then he can fly whatever he wants. But he needs to follow city law, as do all
business owners and residents across the city."

"That pole has been here for many years and no one ever questioned it's
placement before," McCollough countered.

Sterling said if the pole isn't relocated Monday, McCollough could receive a
citation.




If you will notice that they didn't determine property lines until today, you
can drive by and see the stakes. He lied. What law has been broken??

Who controls The City of Broken Arrow? The elected officials or the over paid
employees? Is it right for the city government to use city employees to go
threaten and harass citizens they have conflicting views with?


All I can find on the Broken Arrow web site is:
http://www.brokenarrowok.gov/Index.aspx?page=91#easement

I thank you in advance for your time. Think of the man hours the city has spent.
I know the hours that they have cost me.

I'm moving the flag pole but this should make each one of you think about your
relationship with your employees. Why is it when you tell someone that the city
lied to you and NO ONE is shocked but laugh about it and expect it?

Jeff McCollough

Draft of letter to be sent to all State of Oklahoma Representatives

March 25, 2008

Copy of letter going out to all Oklahoma Government Representatives just as soon
as I get all their addresses together.

This the first rough draft I may add to or a small change after I have some one
proof read but this is the meat of it.



I am writing you today in regard to a situation that has arose within the Broken Arrow City Government. As you know the United States flag is “the most important symbol of any Nation”, as cited in the American Flag Display Protection Act HR 3659 IH. As a citizen who holds a significant level of respect and gratitude to our country I have proudly displayed the flag outside my business for the past twelve years. Recently though the city of Broken Arrow has informed me that I must remove the American flag immediately or face fines.
This situation began when I placed a “Welcome to Downtown Broken Arrow” banner outside the establishment. City officials originally came complaining about this banner stating that it needed to be removed due to a lack of a City issued permit. When I showed them that I was in fact in procession of a permit they began searching for another excuse. Only a few days later they returned to inform me that not only the banner, but the flag was infringing the right of way and would need to be removed within the next five days.
I have since cooperated with their request regarding the removal of the banner, but do not feel that the flag should be removed. After reviewing and investigating the city ordinances, codes and zoning laws, I have found no reason beyond personal grudge for the city to insist upon the removal of the flag.
What is really frustrating about this matter is the fact that the City is not considering all its options, but blindly acting out of anger and self interest. On the Broken Arrow website in regards to right of way encroachment it states that the city can choose from three courses of action. One such action states that “an agreement [can be] reached between the property owner and the City that allows the encroachment to remain”. Furthermore, the City Mayor claims that the flag pole “could place the city at liability”, yet the website states that if the action previously stated is enacted it waves the City of all responsibility of the encroachment or in this case the flag pole. Still yet the City is against this choice, and insists upon removal.
Over the past week I have wrote called and visited with city officials with hopes of gaining answers and action regarding this matter but have yet to be successful. I write you today to request your help in this endeavor. Please know that any assistance you can offer is greatly appreciated. If you require further information you can reach me through the above contact information.

ZONING ORDINANCE

Section 5.7 Signs

C. General Sign Standards in All Nonresidential Zoning Districts

10. Special Exemptions from Regulations

B.      Individuals exercising their First Amendment rights, under the U.S. Constitution or their free speech rights under the Oklahoma Constitution, shall not be required to obtain permits for any sign so long as the sign is not an advertisement for any type of commerce and such sign is physically located on the lot of that individual’s actual residence, or is being physically carried by that individual while exercising their First Amendment right of free speech. In addition such individual may not, while exercising their First Amendment rights, block any public way, whether right-of-way, exclusive easement, general utility easement or the associated sight triangles required for traffic safety. The sign located on the residential property must either be attached physically to the wall of the house or placed in the yard and shall not exceed sixteen square feet (16 sq.ft.), nor shall it exceed six feet (6’) in height.

March 26, 2008

Response from Vice-Mayor Lester

 Jeff,

I was out of town when this all transpired, however, I also would have liked to have heard from you when this first started. It always makes it easier to get everyone together when there is a dispute. I know stories vary depending on who is telling what version, and I have no reason to not believe what you are saying, but at this point and time we need to address your issue and how can we make this work for you and meet the issues on placing any signage in the right-o-way. Let me know if this issue is not handled to your understanding of what you have been told to this point or you do not believe you are being treated appropriately.

Mike

March 27, 2008

Letter in finial form

March 27, 2008


Builders Transmission
C/O Jeffrey McCollough
831 N Main
Broken Arrow, Ok 74012




Dear Sir:

     I am writing you today in regard to a situation that has arose within the Broken Arrow City Government. As you know the United States flag is “the most important symbol of any Nation”, as cited in the American Flag Display Protection Act HR 3659 IH. As a citizen who holds a significant level of respect and gratitude to our country I have proudly displayed the flag outside my business for the past twelve years. Recently though the city of Broken Arrow has informed me that I must remove the American flag immediately or face fines.
     This situation began when I placed a “Welcome to Downtown Broken Arrow” banner outside the establishment. City officials originally came complaining about this banner stating that it needed to be removed due to a lack of a City issued permit. When I showed them that I was in fact in procession of a permit they began searching for another excuse. Only a few days later they returned to inform me that not only the banner, but the flag was infringing the right of way and would need to be removed within the next five days.
     I have since cooperated with their request regarding the removal of the banner, but do not feel that the flag should be removed. After reviewing and investigating the city ordinances, codes and zoning laws, I have found no reason beyond personal grudge for the city to insist upon the removal of the flag.
     What is really frustrating about this matter is the fact that the City is not considering all its options, but blindly acting out of anger and self interest. On the Broken Arrow website in regards to right of way encroachment it states that the city can choose from three courses of action. One such action states that “an agreement [can be] reached between the property owner and the City that allows the encroachment to remain”. Furthermore, the City Mayor claims that the flag pole “could place the city at liability”, yet the website states that if the action previously stated is enacted it waves the City of all responsibility of the encroachment or in this case the flag pole. Still yet the City is against this choice, and insists upon removal.
     Upon further investigation of the City of Broken Arrow’s Zoning and Code Ordinances I found the following:
            Section 5.7 Signs
                     C. General Sign Standards in all Nonresidential Zoning Districts
                                10. Special Exemptions from Regulations
                                            B. Individuals exercising their First Amendment rights, under the U.S. Constitution or their free speech rights under the Oklahoma Constitution, shall not be required to obtain permits for any sign so long as the sign is not an advertisement for any type of commerce and such sign is physically located on the lot of that individual’s actual residence, or is being physically carried by that individual while exercising their First Amendment right of free speech. In addition such individual may not, while exercising their First Amendment rights, block any public way, whether right-of-way, exclusive easement, general utility easement or the associated sight triangles required for traffic safety. The sign located on the residential property must either be attached physically to the wall of the house or placed in the yard and shall not exceed sixteen square feet (16 sq.ft.), nor shall it exceed six feet (6’) in height.
       Over the past week I have wrote called and visited with city officials with hopes of gaining answers and action regarding this matter but have yet to be successful. I write you today to request your help in this endeavor. Please know that any assistance you can offer is greatly appreciated. If you require further information you can reach me through the above contact information.



Respectfully Yours

Jeffrey McCollough

March 28, 2008

E-Mail to Mr. Gray of One-Stop for The City of Broken Arrow

From: Builders Transmission [mailto:builders.trans@valornet.com]
Sent: Friday, March 28, 2008 2:52 PM
To: 'rgray@brokenarrowok.gov'
Subject: moving flag pole Monday



Mr. Gray



Under Developmental Process of The City of Broken Arrow’s web site this is what it says:

· An agreement reached between the property owner and the City that allows the encroachment to remain. However, if the City or any other lawful public utility requires any maintenance to the easement or right-of-way or utilities within the easement or right-of-way, the City shall be held harmless for any damages to the encroachment and all repairs of the encroachment shall be at the property owner's expense.

I very adamantly believe that we should wait for due process to take place. You stated in your letter of March 19 that I “may not be, according to Municipal Code”. I am still unaware of that code and I would very much appreciate it if you would site it for me.

I have sought legal council in this matter and asked for the help of my publicly elected officials to determine what is lawful for the City of Broken Arrow to do in this matter. I am attaching a letter that has gone out citing my position how the law protects me from the illegal actions of my city government. It is my opinion that we can agree that we disagree on what the code says and we should wait until it is litigated either at a City Council meeting of our elected Representatives or a court of law.

I am going to have to respectfully decline your offer of 9:00am Monday morning for the above reasons. Please read attachment.



Respectfully

Jeff McCollough

State Rep. John Trebilcock

March 31, 2008

Rep. Trebilcock responded to my e-mail but there was a legal disclosure at the bottom that I believe prevents me from coping his e-mail to this web site. He does say that he wishes to do what he can to help write a letter to the City of Broken Arrow.

City Council Meeting

April 1, 2008

I stand before you today, as a citizen concerned for the condition of my city. As you all know the past few weeks the actions and comments made by many of the city bureaucrats have significantly concerned me. And some of you, Mayor McCaleb, Vice Mayor Lester, and Councilman Tucker have been kind enough to hear my concern and address it with me personally.
Therefore, I’d like to take advantage of the next few minutes and further lay out my grievances for you and offer reason into its validity.

First.

It seems to me as though the last few weeks the city has acted out upon inappropriate and misconstrued premises in regards to a simple banner I placed on the corner. And in their selfish attempt to purge the corner of this banner they have acted blindly out of anger, self interest and without merit. It is also my opinion that their actions have significantly interfered with not only my ability to successfully conduct my business but my freedoms as a resident of this great city.

I was contacted by Code Enforcement sometime around the first of March that I had 2 banners displayed and need to remove them as they weren’t properly permitted. I had displayed the “Welcome to Downtown Broken Arrow” banner as I was going to take down the business banner to repair the poles that had been damaged by high winds. I was contacted again by Code Enforcement before I could respond to the first allegation that I was in fact in possession of a valid sign permit but there were 2 banners displayed and I needed to take one down. 3 of the Code Enforcement guys then came out on a Tuesday and informed me that the bureaucrats downtown hated my banner and flag and wanted them removed. No mention of any other complaints other than the city bureaucrats looking for a way to silence my “Free Speech”.
It was personal with the city.
You may have read the BA Ledger March 15th. In it there was an article about my family business in which City Communications Director Keith Sterling stated that “They determined the flagpole with the banner was in the right-of-way.”
It was March 19 the day after the council meeting that Russ Gray of One-Stop came by to give me a letter pinned by his office. As we stood there by the flag pole and looked it was very hard to tell if the pole was on City grass or Builders Transmission grass. I asked Mr. Gray if the American Flag was 6 inches on City grass if he would still want it there and his answer was “NO”.
It was not until March 24th that the property line was even staked out by the city and we learned that the banner was not even in the right-of-way. That is just the beginning of the falsehoods stated by Sterling about the business. He goes on to state that “It is a matter of Law” and “he needs to follow city law, as do all business owners and residents across the city.” I ask you today what I have been trying to ask them for the past few weeks, can you cite the law I violated? They certainly have not been able to. What really concerns me is the fact that he spoke these false accusations about my business and told the city paper I was breaking the law when in fact that fact had not even been determined yet.

Second.

I would like to address the issue of the city extirpating my right of freedom of speech. They first informed me the banner would need to be removed because I did not have a permit for it. If you would look at the City Zoning ordinance you approved February first of this year. In Section 5.7 Signs, subsection C entitled General Sign Standards in ALL Non-residential zoning districts, under the heading of 10 Special Exemptions from regulations, B.


Tell me how this banner does not fall under the premises of freedom of speech. It in no way promotes commerce of any kind, is not offensive, lays directly upon the residence of the business, and follows each and every rule laid out by not only the American and Oklahoma Constitution, in regards to freedom of speech but the very ordinance you approved.

Thirdly

We are at war! In the Tulsa World last Saturday there was an article about how the State’s 45th Infantry is under fire daily in Baghdad. Since January of last year these brave individuals have gave up the comforts of their homes here in Oklahoma to defend the freedoms we enjoy. In fact just a few days ago the 4,000th soldier in Iraq was killed, he like the 45th was from Oklahoma. It is disappointing that so many of our fellow Oklahomans are fighting across the globe for our freedoms, yet here we are now fighting among each other over which of those freedoms are “permitted” and which are not.

It is this very freedom that allows me further to disagree with you, and the very freedom that allows me to place upon my property any banner of free speech and the very freedom that allows you to dislike the message it may promote. That is the beauty of freedom, it gives us rights, it gives us purpose, and it gives us voices. Freedom is what the people in this

(HOLD UP PAPER) Tulsa World front page Sat. March 29, 2008

paper fight for, it’s what Paul David Lucas one of the eight Vietnam casualties from Broken Arrow, who grew up and played right next door to this business we are arguing over fought and died for. How petty and insignificant this banner is compared to the great sacrifices they make daily just so we can spend weeks arguing over this ridiculous issue. Today, I ask you to recognize freedom. Not just my freedom to raise the American flag and place a banner outside, but the freedom of all Broken Arrow citizens and their right to do the same. Freedom is a irreplaceable and inconceivable commodity that each of us have the right to enjoy, and as our elected city officials it is your responsibility to ensure that those freedoms endowed upon the citizens are not infringed upon by those who have an opposing view and retain power within the city to cause harm to it’s citizens because of this opposing view.

We look to you for leadership, and we look to you to act according to what is right. The future of this city is in your hands, you have the freedom and obligation to act according to the law but also as well as the wishes of the people you represent.

And if what I have said here tonight has had no impact on you what so ever I ask you to conceder this one last question…”What would Reagan do?”

BA City Council Meeting Pt 1

BA City Council Meeting Pt 2

Letter From the Governor

April 3, 2008

E-Mail from Doris Sesock

 of

State Senator Bill Browns Office

Monday April 7, 2008

Sen. Brown received your letter dated March 27, 2008. The issue involved a flag pole at your office on 831 N. Main in Broken Arrow.

After some checking, it appears that this is strictly a municipal issue rather than a state one. You will need to go through the Broken Arrow municipal government to settle the dispute. I will forward a message to the Mayor’s office to let them know about your concerns.



 
My E-Mail  to Rep. Trebilcock

April 7, 2008

Rep. Trebilcock,



First I want to say thank you for your prompt response to my request for help in this matter.

Second even though the American Flag got pulled into this dispute and became the main object it is really only secondary to the real problem at hand.



The problem is the government of The City of Broken Arrow using it’s own government policing force (Code Enforcement) to extirpate any views that differ from their own. I am including a copy of my address to the City Council on April 1, 2008. I was told that I would have answers to my questions by the next day. As of today still no response. My right of free speech is being illegally stopped by my city government. While we are fighting a war half-way around the world so some transmission shop in Iraq can say “Welcome to Downtown Baghdad” on a banner I am not able to put a banner saying “Welcome to Downtown Broken Arrow” even after I sited National Law, State Law, and their very own city ordinance that protects my right to free speech. I’ve asked city legal and city code enforcement why I can’t display the welcome banner and no response other than the City Leaders don’t want me to be able to say it.



This may sound silly to most but it goes much deeper than this. The very same thing has been happening all over this city of 100,000 people and I’m the first one to say “This is wrong?” People need to take a stand for their rights. The banner may sound silly but the message that the City of Broken Arrow is sending is quit the opposite.



You can go to : http://jeffmccollough.com/comeandtakeit.aspx



There I have kept track of all communications and dates.



I want to thank you in advance for any help, wisdom or guidance that you can give me in this matter.



Jeffrey McCollough