Newsrack Number Three Stolen At Walmart Parking Lot, Found By Private Investigator in Time To Save This One

After the loss of our second $280 newspaper vending machine stolen from the Walmart Parking Lot public sidewalk, while engaged in publicizing and exposing the City Of Sioux Falls Illegal and Unconstitutional activities, we were aware the party taking the machines were not impressed with the prospect of the Sioux Falls City Police doing anything about it.

Therefore we changed tactics. When the third expensive machine showed as stolen we sent a private investigator who in short order turned up the attached photo of our machine having been transported to the cart marshaling area in a shopping cart.

He also reported the machine had been transported a quarter mile, at the far end to the lot to the other far end, which meant a cart had to have been taken all that way and pushed back with a heavy machine full of cement ballast had to be moved a long distance.

Considered the newspaper vending machine and cement ballast they contain too heavy a grocery cart to have pushed it that extreme distance by hand.

He reported it was in the interior of a row of carts similar to those they were using to be pushed with their electric cart pushing machine which indicated the cart had not been pushed that distance by hand but had been pushed in a row with other machines by the battery powered cart pushing device.

He also reported there was a full time security guard sitting in a patrol car with a blinking light going the whole time on the edge of the lot near the sidewalk the entire period every time he had been there. He also reported two "full time stockman" were working full time in the lot using the electric cart pushing machine to restock shopping carts to the south end marshaling area where the machine was found sitting in a shopping cart in a row of carts.. He was informed the shift change people were replaced at 11 pm.

The greeter at the door to the parking lot and the north end of the public cart access area was on duty until 11pm.

The photo was taken about 9pm.

By Saturday noon and observation to see what was being done with the machine and no word or any notice whatsoever from Walmart regarding the machine, we posted the picture and information on the web site.

Should we credit this step with saving the machine from the compactor?

We think the private investigator did his job, the web site timely reported his find.

We gave Walmart another 24hours and then went to the Walmart parking lot and called in an officer to report the theft and that we had located the machine.

Officer listened to our explanation that this was the third theft of our machine from a legal location engaged in a constitutionally protected activity on the public sidewalk and we had zeroed in this time on where a machine had been taken to.

He said "how did we know who had put the machine there"? Said we did not know, that was the police job to find out. Exactly, our job was to install newsracks and distribute newspapers.

The police job was to find who was taking them and see that this be put back and the removal of machines stopped.

He pronounced there was a city ordinance so and so number that said we could not put anything on the side walk.

Informed him he was a little behind on this, as it was a constitutional issue settled in Sioux Falls 18 years ago and we have had many newspaper vending machines on the sidewalk in that time.

He did not write anything down, did not take a police report, did not issue us a file number or give us any paper reference of any kind nor take any police report and demanded that we remove the machine.

Refused all paper work I offered to him showing court orders etc establishing our right to distribute on the public sidewalk unmolested.

Became very insistent and rather belligerent when I refused his demands to remove the machine. Informed him that our machine had been illegally removed and that in these situations, we never put them back, that it was his job to find and demand the party that had taken it from its rightful place put it back and stop removing them. Until he did that there would be no end to it.

He then informed me that if I did not take the machine right now, that he would tell them they could throw it in the dumpster.

I again informed him I was not taking it and he needed to make the removers put it back where it belonged.

I had not even cleared the parking lot before I received a phone call on my cell (I never gave him my number, anything,) from officer .......stating that he was talking to the manager and Walmart had nothing to do with the removal of the machine and I would have to take it.

Told him I wanted to hear that statement from the manager himself say that Walmart had nothing to do with the removal of the machine. He put him on the line. I asked and he responded that Walmart had nothing to do with the removal of the machine.

I then asked the Walmart manager if he had talked to the four Walmart employees on duty in the parking lot Friday night.

Officer, who obviously had not talked to the Walmart employees on the scene Friday night either and did not seem interested in talking to anyone or investigating it at all, came back on the phone and told me that he was informing them that if I had not picked up the machine in 24 hours he was telling them they could throw it in the dumpster. End of phone call.

Had there been ANY investigation at all, over what happened or who took the first two machines?

When mighty Walmart appears may be involved, does the city then automatically deny an ordinary citizen a right to file a police "theft report".

Is this why three machines have arrogantly been taken, because even if caught on the way to the dumpster by a private investigator, there is even then police immunity?

Is this evidence "why nearly all citizens cower in fear of the city," that if you get on the wrong side of city hall you lose all constitutional rights to engage in a protected activity and lose all police protections of your property and it becomes fair game for anyone?

Is arrogance and in bed with the city why when you write to management of Walmarts local store for help and cooperation they deny even the courtesy of a response to the written request even after three weeks?

You as a citizen get to draw your own conclusions.

In the meantime, our newspaper vending machine sits in a shopping cart at Walmart, we will NOT be picking it up.

Note: The rack still filled with flyers explaining how The City Of Sioux Falls government treats it's citizens, had a citizen going by yesterday, read the sign on the machine, pulled one out and called to ask "what was the scoop" on this "City Harassment thing".....?

 * This posting was faxed to the police dept and to Walmart management one hour before posting asking for any comment or corrections in the next hour on factual errors before the posting on the web site and distribution of the article in our newspaper machines around town.. and to the media.

"Why Police Fail To Take Any action, go"

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