I am representing an individual (Steve Preminger) who was stopped
without probable cause by armed police as he was leaving the VA
nursing home in Menlo Park CA.  Mr Preminger was told that his
posession of official county voter registration forms constituted a
misdemeanor.  Fortunately, I was with Mr. Preminger and explained to
the police that he had sought authorization prior to attempting to
register voters and left promptly when ordered to do so.

The complaint alleges violations of the First, Fourth, and Fifth
Amendments and five voting rights laws.   It is available at
www.angene.net/preminger.pdf

Saturday's paper had a surprising defense - that Preminger's attorney
(I) had been previously sighted on the grounds with a Kerry button. 
Preminger did not wear a button or engage in any advocacy.  He simply
wanted to help veterans fill out voter registration forms.  See
http://www.mercurynews.com/mld/mercurynews/news/local/8729731.htm?1c

Of course, the admission that the VA discriminates against persons
wearing political buttons raises additional issues.  VA regulations do
prohibit, unless authorized, "commentary on current policies" of any
entity, placards, and distributing handbills of any kind.  This
particular nursing home has authorized (or at least tolerated)
handbills promoting private nursing home and equipment for the
disabled - and allows pro-war statements to be posted on the bulletin
board.  There is no prohibition on wearing buttons.

Preminger has not attempted to exercise any additional First Amendment
rights, such as electioneering, so this case is very narrowly focused
on the right of an individual to urge persons who reside on federal
property to register.

The VA spokesman also alleged that I had previously declined "staff
help" in "identifying" veterans and had insisted on going to "every
room."   What I do allege is that the staff repeatedly claimed that NO
registration could occur in the building because some veterans are
"demented."  Even if true, this would not ordinarily disqualify a
veteran from voting - or to prohibit registration at the entire
facility where such a person resides.  The complaint does not (yet)
include a Reahbiltation Act claim, but obviously, the VA has an
obligation to assist mentally disabled patients, not to interfere with
their attempt to register.

By the way, the same division of the VA runs a nursing home in
Livermore, which treats veterans as you would hope - (1) there are
registration forms openly displayed at the nursing stations, (2)
social workers promote and assist in filling the forms out, and (3)
visitors are encouraged to engage in discussions, including political
discussions, with veterans and allowed to distribute political
literture,  (Unfortunately, Livermore is being closed.)

Please contact me at 650-814-2257 or rafferty@alumni.princeton.edu is
you need any further information.