KINGMAN - A video circulating on You Tube and anti-military Internet sites accuses the National Guard of violating the law for providing security at the drag races in Kingman last weekend.
The video shows a couple driving down Andy Devine Avenue and turning around to question the presence of a National Guard member wearing an orange vest and holding a Route 66 flag in front of the Powerhouse Visitor's Center.
The soldier tells the couple he is providing security and helping direct traffic. The video goes on to say that the presence of the National Guardsman is a violation of Title 10 of the Posse Comitatus Act, which prohibits federal military personnel from acting in a law enforcement capacity within the United States.
The provision reads in part: "This chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law."
Major Paul Aguirre, public information officer with the Arizona National Guard, said the provision applies to the Army, Navy, Air Force and Marines and that the National Guard are exempt when operating under state rather than federal service.
Aguirre said that while the soldier in the video uses the word "security," he's doing nothing more than helping to direct traffic and provide additional support at the event.
"It's not uncommon on any given weekend for National Guard soldiers to be involved in a community event," he said.
Luca Zanna, who shot the video with his wife, said he doesn't want to "overblow" the situation, but he believes that the use of National Guardsmen in uniform for things like directing traffic sets a dangerous precedent.
"(The National Guard) is supposed to defend the state and that's the bottom line."
Aguirre said that less than 10 soldiers were on hand at the event as part of a recruiting effort. He added that the National Guard does not provide direct law enforcement.
When thousands of members of the National Guard were deployed along the United States-Mexico border, their primary job was to serve as "extra eyes and ears for border patrol," Aguirre said. They were not involved in any actual law enforcement duties and only carried weapons in case they encountered drug runners or gang members.
The last time the National Guard provided law enforcement help in the state was during the Rodeo-Chediski Fire in 2002, Aguirre said. There, the National Guard assisted small police departments in patrolling the streets for fear of looting.
Aguirre said the soldier's use of the word "security" at the drag racing event was misinterpreted.
"For that to be the basis of inflaming these groups is unfortunate," he said. "But we wear this uniform so they can express their right to free speech, too."
Reader Comments
Posted: Saturday, October 03, 2009
Article comment by:
JT Williams
Right on, Richard Lee.
We have long-established laws against military providing civilian law enforcement! This is an issue of the public being incrementally accustomed to uniformed military on our streets. It sets the precedent for, five years from now, the army coming out to disperse lawful protests. SO MANY APOLOGISTS!
Posted: Wednesday, September 30, 2009
Article comment by:
No name provided
If you still think there's nothing to be concerned about and think the KPD needs help doing their job, look at this...
http://www.kulr8.com/news/local/59284497.html
Posted: Wednesday, September 30, 2009
Article comment by:
hate.stupid.people
i didnt see one thing wrong with what the national guard was doing. it was all volunteer some people just need somthing to complain about. And those are the people that need to get a life. If you want to complain about something... lets complain about the wast of tax payers money at the hoover dam security check points. In the last 8 years Ive been going through there they have never even looked in my truck. Ive never even have come to a complete stop they always flag me on through
Posted: Tuesday, September 29, 2009
Article comment by:
No name provided
sometimes we think that by commenting on things and getting all worked up over simple things will make it go away,make enemies out of friends and hurting people, get off your back sides and vote to make changes.if restaurants don`t want my money because i wear my vietnam vest, i`ll go somewhere else,but vote on it.what i didn`t like about the race people was that our memorials of our different branches of service were also closed off, in order to visit them, you had to pay to get to them....thats all public area..i ride with the pgr,we send off fng`s and welcome home vets,what message are we trying to send to these soldiers and their families who live here in kingman, yes you can serve your country but you can`t show your pride by wearing your veterans vest. that`s what your saying now..who do you think will defend this country again if needed,us vets,God help us if we have to depend on you guys..i don`t know why some people join mc gangs,it`s not my business to tell some one else how or what to do with their lives, but when the laws are broken,i`ll back the laws.someone commented that vietnam vets started the mongols,i don`t know, but i do know that over 2.5 million pairs of boots were on the ground there,and we also have and have had (senators, mayors, governors, and policemen that were vietnam vets...
Posted: Tuesday, September 29, 2009
Article comment by:
kak
Thanks Randy,
Whew people...get a grip.
police state,..Please.
If you really think So?.. now thats scary.
How could this nation afford a police state? ... even using all the military the numbers just dont work.
I dont see anyline for jack boot fittings either.
I wish My PFC niece would have been here to direct traffic...oh yea! Shes on a boat, in a war zone, her third tour..I still wonder why?
Posted: Monday, September 28, 2009
Article comment by:
Jeff C.
I don't complain about the National Guard....I just think they should be at our southern border fully armed and protecting our State.
As for "Wake up!"....I don't recall ever harming any person with a firearm in my lifetime. If you are afraid of people that love their rights...stay home and watch TV or hide in a closet or something.
Its actually people like you that move from "lock boxes" to entire "cities" to entire "States"....and then you wonder why evil gangs thrive.
Maybe they would be a little more polite and less troublesome if good people were armed more often. Banning colors does not stop evil. If it did....none of our cops would need firearms.
I happen to love and adore The Arizona State Constitution and this is what it says;
"26. Bearing arms
Section 26. The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired"......
I want to start seeing the people that impair our rights out of our town. I think they are just as dangerous as gangs and tyrants.
I say vote them out. I really wish they could be held for some sort of high crime when they impair the rights of others.
That is my own personal opinion.
Jeff C.
Posted: Monday, September 28, 2009
Article comment by:
Randy
To all you complainers;
I overheard a National Guardsman who was working the Drags say to a man he was having a conversation with that "It was really nice to be out at such a cool event and working with the community." He went on to say that he is expecting to be sent to Afghanistan soon and that he wasn't looking forward to that. These men and women enjoyed their time at the Drags as made evident by the smiles on their faces and interaction they had with people at this event. They had fun! Some of these fine men and women may not return from their deployment, can't you all just stop worrying about yourselves for one minute and be happy that these folks were enjoying themselves before being sent to a Middle Eastern hell?
You're worried about a few tax dollars for a couple days where these guys and girls were able to enjoy themselves and still serve We The People when shortly, YOUR tax dollars are going to be spent by the BOATLOAD overseas?
Some of you disgust me!
Why don't you concentrate on important issues [deleted].
Posted: Monday, September 28, 2009
Article comment by:
chelsie
PEOPLE NEED TO UNDERSTAND, THE NATIONAL GUARD IS HELPING THEIR COMMUNITY. THEY WERE RECRUITING AND HELPING SET UP AND TAKE DOWN OF THE EVENT. THEY WERE HELPING THE EVENT AS WELL WORKING IT FOR RECRUITING.
THE MINUTEMEN SHOULD REALIZE THAT SOME OF THEM ARE FIGHTING FOR OUR COUNTRY SOON, SOME MAYBE GOING TO IRAQ TO FIGHT FOR US, FIGHT FOR THEM TO BE ABLE TO KEEP UP THEIR FALSE ACCUSATIONS. IF I WERE WITH THE MINUTEMEN I WOULD BE THANKFUL THAT SOME OF THEM ARENT OVER DIEING AND THAT SOME OF THEM ARE HERE IN THEIR COMMUNITY FIGHITNG FOR THEIR COUNTRY!
Posted: Monday, September 28, 2009
Article comment by:
tony read your post before you hit submit
You need to take a little bit of your own advise tony, try using the correct syntax and maybe we could follow your rant
Posted: Monday, September 28, 2009
Article comment by:
Tony Montana
Wow this is great, I mean I am laughing my [rear end] off here. Is real american heros really comparing this to the holocaust or is he trying to say that is where we are headed as a state or country.i mean comparing one some national gurads being security, to the slaying of millions in the holocaust. You people are rediculous, complaining bacause one national guards kid said he was security. Oh my god the world just stopped. Lock your doors cover your windows because now they are marching down the street. Wait I don't see that happening at all infact I welcomed the traffic control. In years past at that event whenever you would drive down Andy Devine infront of the powerhouse you had to dodge R-tards walking out in to the street dragging there 8 welfared childern behind them.
Now just stop and think for a minute had they had police out ther directing traffic, everyone would be complaining bacause it was a waste of tax payers money to dedicate one officer to sit there all day.
Here is a thought why don't you all take the time to spell check before you post. Sometimes I get the biggest head ache trying to read these posts. It is not my fault you never finished the third grade and can't spell please dont make me and other people who can spell suffer. Maybe the government should come and take your computer then you will really have a conspiracy to write about.
All and all I will say quit complaining and you volunteer next time if you don't like the national guard being there. Thank you and have a nice day
Posted: Monday, September 28, 2009
Article comment by:
Wake up!
@ Jeff C
You and people like you are why the city needs lock boxes for residents guns. God forbid should you have to leave your guns at the front door!
The anger you convey over petty issues makes me feel safer if I knew you didn't have a gun. And the fact that you don't comprehend or see the big picture of what effect banning colors will have on the future of this town also frightens me. As we grow, so will the likelihood of gang infiltration unless it's nipped in the bud...NOW!
Mayor Salem has my vote! A Mayor who's trying to do something besides watching a city go to crap! Go live in a big city for a while and see what happened when the gang problem was ignored until it was too late!
The gang MS13 is at our doorstep already, you want those [people] here in this town?
Posted: Sunday, September 27, 2009
Article comment by:
Jeff C.
I am for the National Guard protecting our State, and our State needs protection. I would be pleased if they were on our southern border fully armed and ready for action. I would advise all Kingmanites never to vote for John Salem. I would vote that guy out in a heartbeat just because he imposed lockboxes in City buildings because he felt it was safer for city workers. Basically, he does not trust you, the people to keep and bear arms!
Tyrants and elitists are EXACTLY what they are.
I suppose the drag race "gang" would not allow open carry of firearms either?
I say all those that infringe on inalienable rights....like drag race officials that ban colors, and Mayors that ban firearms on YOUR own City property, should be charged as enemies of the State and the constitution and should be sent to prison for many years without parole.
I get tired of these freaks treating everybody else as if they are second class citizens.
Jeff C.
Posted: Sunday, September 27, 2009
Article comment by:
Hank
@ HOLD THE PHONE!
Calm down there, you're going to bust a capilary.
Posted: Sunday, September 27, 2009
Article comment by:
maggie
I have to agree that the use of National Guard at a simple race event was going far beyond overboard..I never want to see military on my streets for any reason. This goes to show that we in America are in a lot of trouble and at risk of quickly becoming a POLICE STATE. Wake up people before it's too late.
Posted: Saturday, September 26, 2009
Article comment by:
Richard Lee
What ever happened to the restriction of wearing fatigue uniforms in public? When I was in the military, we were required to wear the dress uniform in public, or face the wrath of the UCMJ.
Using the National Guard as "security" is unwise. The men may volunteer to help out with the event without wearing their uniforms, thereby avoiding this controversy.
Recent events at the G-20 summit in Pittsburg show the police using high intensity sound devices and jackboot intimidation against nonviolent protesters. And this is the police. The National Guard has killed Americans in both the Kent State massacre and the race riots in Los Angeles. Perhaps this is why people are concerned when they see military working as staff in civil events.
Next, the man in the uniform will be armed.
There are many well intentioned, civic minded individuals in the National Guard. If these people want to lend a hand at a civic event, let them put off their uniforms and help in their capacity as a regular American citizen.
Posted: Saturday, September 26, 2009
Article comment by:
No name provided
now you are complaining about a solider directing traffic? How bout next year we have no one direct traffic and yall can go ahead and accidentally drive into the drag races, get hit head on? then youd complain no one was directing traffic. Theres just no pleasing some people.
Posted: Saturday, September 26, 2009
Article comment by:
Jeff C.
I am all for our the idea of our National Guard going into Washington DC and capturing any terrorists that work to impose tyrannical and unconstitutional laws against the Arizona people. Would that mean that most of the House and Senate would be held as prisoners? :)
I would boycott the drag race. I was told they would not even let people in with leather vests. Bunch of commies run the event as far as I am concerned.
Posted: Saturday, September 26, 2009
Article comment by:
RedlovesAz
Anonymous because its my right,If we are such a "K-town" then why even enter the race??? Why not offer your "knowledge of a real tech inspection" and help this ONE time event that Kingman really needs???
I agree with you though about the children being in the "beer zone".
As far as this NG saying he was there as "security",he was just doing what he was told to do and used the wrong term.I am happy to have at least ONE event in Kingman that my family and I can attend to help Kingman grow.Wish there was more events and people like Rt.66 wings and wheels to help our town grow.
Just my 2 cents.
Posted: Saturday, September 26, 2009
Article comment by:
No name provided
sounds like some of you need to get a hobby and dont put your nose where it dont belong!!!!!
Posted: Saturday, September 26, 2009
Article comment by:
HOLD THE PHONE!
HOLD THE PHONE. Private organizations can request assistance from the National Guard...traffic directing, cleaning up, setting up etc. VOLAUNTEER assistance?
In other words the National Guard was not ordered by someone from their unit to appear at this event? So, they worked for NOTHING or were they paid their normal on duty pay from the Nat6ional Guard? This is getting more and more interesting!
Posted: Saturday, September 26, 2009
Article comment by:
No name provided
It blow my mind that all you people here in kingman are mad about some soldier doing his part to help his community out. let me see you put a uniform on and stand for you country instead of crying about your ammendments.Are you willing to give your live for them..Grow up
Posted: Saturday, September 26, 2009
Article comment by:
REAL AMERICAN HEROS
but in the home of "Free Enterprise" shouldn't a security company have been provided that job at a fee vs compelling our Guardsman to do it voluntarily?
Posted: Saturday, September 26, 2009
Article comment by:
REAL AMERICAN HEROS
Jews were rousted from their homes in the middle of the night rounded up and taken to work camps where they were 8 out of 10 times killed once they were no longer of use. That's history... it happened. Does the fact that it happened before make it right? I commend Luca for being a GREAT AMERICAN. Thank you.
KMD you're nothing but ignorant schills.
Posted: Saturday, September 26, 2009
Article comment by:
BobH
Security has to be compared and contrasted with other related concepts: Safety, continuity, reliability.
The key difference between security and reliability is that security must take into account the actions of people attempting to cause destruction.
"Destruction" is clearly the intent and sole orcastrated purpose of Lucca Zana .
Posted: Saturday, September 26, 2009
Article comment by:
azmac
I see a lot of the people in this area have no clue about our country, the constitution, and the form of government that was founded. Our constitution was set up to stop any intrusion on our rights and any time it is broken for any reason it is harmful to our country.
I can say these who post against this article have no clue about our country,They have no clue what bills are in congress, how our congressmen vote on them.
I can also say most of you do not know what form of government we are suppose to have.
The constitution was not written to follow now and then,If it was followed by our government we would not be in the shape we are in today. 95% of what the cities, states and federal government do is against the constitution. Of course most of you have no clue what the constitution says.