Newspaper stand trashed by Fresno jail personnel. Sheriff offers apology

Fresno County Sheriff Margaret Mims Tuesday apologized to progressive activist Mike Rhodes after a Community Alliance newspaper box was removed from in front of the Fresno County Jail and discarded in a dumpster in southeast Fresno.

Rhodes, the former editor of the Alliance, said he put a GPS tracker in the newspaper box after it had gone missing several times previously in 2021. He recovered the box on New Year’s Day in the 2900 block of East Townsend Avenue, next to a sheriff’s Satellite Jail.

He said the box was removed again two days later, and this time, the GPS led him to the underground garage of the Fresno County Courthouse.

Rhodes wrote a letter to Mims jon the removal, and also filed an online police report with the Fresno Police Department. He asked that any video evidence be preserved. Fresno Police Captain Michael Landon Tuesday responded, saying the department’s video cameras would be checked.

In her response to Rhodes, the sheriff said she undertook an inquiry and learned that members of the jail staff removed the box after someone threw it at jail windows, “causing expensive repair.” On another occasion, Mims said the stand was pushed into traffic lanes on M Street.

But she conceded that “at the very least my staff should have contacted you prior to removing the stand, and I apologize for that not being done. I understand your First Amendment concerns and would like to work with you on alternatives such as securing the stand in some fashion to prevent ... damage or a dangerous situation. If that is agreeable to you, please let me know.”

Wednesday, Rhodes said, “I appreciate the apology.

“I don’t know about throwing it at a window. We put concrete blocks in (the box),” and it weighed about 100 pounds.

He also said that he would like to see any video of the incident, and added that anyone involved committed a criminal act and should face consequences.

“I reiterated to Margaret that if I had taken some of their property, what would they do?” said Rhodes.

Tony Botti, a spokeman for the sheriff, said:

“If Mr. Rhodes wishes to view the video, we will work to accommodate him.

“Yes, jail staff members have been made aware that their actions were inappropriate and they are being held accountable.”

This isn’t the first time that Rhodes, a longtime advocate for Fresno’s homeless community, has fought for the right to place the Community Alliance in public spaces.

Rhodes said the Community Alliance previously prevailed against the City of Fresno in May of 2019, after a newspaper box was removed from a Starbucks at N and Kern street, a favored caffeine corner for judges and attorneys on break from the nearby Fresno Superior Court. A city official initially said placement of the box there was a violation of the Americans with Disabilities Act. The city backed off, he said.

As to the City of Fresno policy on newspaper box placement, spokeswoman Sontaya Rose said:

“No permit is required to put a newspaper box on city property. It cannot, however be attached to a parking meter. In addition, a news rack cannot obstruct a public sidewalk.”

In a 2021 incident in Madera, Rhodes reported that a postmaster removed a newspaper box because it was a violation of the federal Hatch Act. (The Hatch Act actually prohibits federal employees from engaging in political activity.) Rhodes said the issue was resolved when Madera Mayor Santos Garcia interceded to find other spots where the newspaper could be distributed.

“They (political officials) just think they can make up the law,” said Rhodes. “They are just like you and me and need to be held accountable.”

This story was originally published January 13, 2022 at 8:03 AM.