BREAKING NEWS/EXCLUSIVE: Blankenship files lawsuit in federal court against City of Crossville, Jesse Kerley and Ivy Gardner

A second lawsuit has now been filed against the City of Crossville in federal court. This lawsuit filed by J. R. Blankenship for the violation of his first amendment rights also names former city councilman Jesse Kerley and Ivy Gardner as individuals.

The suit stems from the charges of distributing unsigned fliers that resulted in a citation to Crossville city court alleging a violation of a city ordinance that led to a $1500 fine levied against Blankenship by city judge Ivy Gardner. The suit points out that such a charge was determined to be a violation of the first amendment in a case decided before the US Supreme Court in 1960. Crossville's ordinance was approved sometime after the 1960 decision.

J. R. Blankenship expressing his opinions in mid 2016

The flier that lead to Blankenship's charges

Jesse Kerley

Ivy Gardner

The 18 page complaint begins by outlining a series of events that lead to the filing of the suit. The story begins with an incident that took place January 2015 at a convenience store involving a dog tied up outside the store and in distress according to Blankenship. Blankenship discussed the dog's situation with the store clerk who, it turned out, owned the dog. The clerk took offense at Blankenship's observation and the ensuing argument lead to a 911 call to police by Blankenship. According to the suit, “the police officer rudely accosted Mr. Blankenship as being the aggressor.”

Blankenship wrote a letter of complaint about the incident to each member of the council in March of 2015 and attended council meetings but his complaint was never addressed. Blankenship addressed his complaint at a March 2016 council meeting and was again ignored according to the complaint. The lawsuit states, “Frustrated that the council ignored his complaint, Mr. Blankenship published a flier in which he offered a $500 reward for photos of any elected or appointed Crossville official doing wrong”

The complaint alleges that then councilman Jesse Kerley sought to have Mr. Blankenship cited under the unconstitutional ordinance and claims that then police chief Rodney Shoap was ordered to do so. The complaint cites Shoap's federal lawsuit that says “on multiple occasions, Kerley demanded that (Shoap), without sufficient evidence or probable cause arrest James Blankenship.” Following an investigation into the flier, Blankenship was cited to city court under the unsigned flier ordinance.

An initial court date on the citation was set for May 10, 2016 was continued to June 28 at Blankenship's request and on June 2 while the case was pending before city judge Ivy Gardner, Gardner appeared in General Sessions Court as an individual seeking a restraining order against Blankenship for “a pattern of conduct to harass and unnecessarily alarm” Gardner. The suit sates that at the time Blankenship did believe he had ever seen or met Gardner and that he believes Gardner's complaint against him was made at the suggestion of Mr. Kerley.

The suit states that the action of Gardner was to retaliate against Blankenship for expressing his free speech and free press rights and to intimidate him. The action is also described in the suit as a “conspiracy with defendant Kerley.” The suit also states that Blankenship believes that Kerley spoke to Gardner between March 24 and June 28 concerning a significant fine for Blankenship.

The suit states that Gardner is not being sued for any of her actions as city judge but only for actions she took as an individual outside of her courtroom.

Blankenship appealed the fine as excessive and that the city's ordinance was unconstitutional that violated his right to free speech. The fine and conviction were dismissed with prejudice by the Circuit Court on November 17, 2016. It should also be noted that since this action took place the city has takne action to remove the unconstitutional ordinance from its books.

Blankenship also appealed the restraining order given to Gardner and filed interrogatories and requests to produce documents to provide information to support her claims of his harassment. Those discovery requests were never answered. Two weeks before a hearing on the appeal was scheduled, Ms. Gardner filed a motion and order of non-suit withdrawing her complaint against Blankenship.

The suit reads, “The issuance of the citation, persecution and conviction of Mr. Blankenship for an unconstitutional and unenforceable Crossville city ordinance caused Mr. Blankenship embarrassment, anxiety, time and money. Defendant Crossville is therefore liable to Mr. Blankenship for the violation of his civil rights under color of law.”

“The first amendment right to criticize public officials is well established and supported by case law and it is also well established that a public official's retaliation against an individual exercising his or her first amendment rights is a violation,” says the lawsuit.

Blankenship's suit is requesting a “declaratory and injunctive relief to declare the earlier actions illegal and enjoin defendants and their agents from otherwise retaliating against him for exercising his first amendment rights either by arresting him or threatening to arrest him and specifically so that he may publish fliers and circular them in Crossville, even if critical of public officials.”

Damages listed in the suit include legal and court costs, embarrassment, mental anguish and anxiety, fear of future reprisal, being deprived of his right to exercise First Amendment freedoms of speech and press and attorney and litigation costs of these proceedings. The suit asks that a jury award damages to compensate his harm in a reasonable amount.

The suit asks for punitive damages against Mr. Kerley “because his actions were malicious and done with intent to intimidate and harm Mr. Blankenship.”

The law suit is filed on behalf of Mr. Blankenship by attorneys Edmund J. Schmidt III and Joseph H. Johnston, both of Nashville.

June Interview with J. R. Blankenship  

All legal actions dropped against J. R. Blankenship on fliers and restraining order.

In a quiet move, Crossville city attorney Will Ridley has signed off on an agreed order on behalf of the city of Crossville that vacates all charges against J. R. Blankenship over the distribution of “unsigned fliers” and removes the $1500 in fines assessed in city court by city judge Ivy Gardner.

The charges arose when some fliers (and no one seems to be able to determine exactly how many) were found posted on downtown Crossville businesses the morning following the March city council meeting offering “a reward” of up to $500 for photos of any city elected or appointed official doing something wrong. The flier promised anonymity for the informant and that the evidence would be published. The flier was signed “Sam at the Daily Bull” with a phone number.

Blankenship's flier

Following an investigation establishing Blankenship as a suspect, a single citation issued by the Crossville police on the charge of distribution of unsigned fliers was heard in city court by Judge Ivy Gardener. The number of charges was increased to 30 counts by Judge Gardner resulting in a total fine of $1500. The highest fine a municipal court can asses is $50 and the only way the fine could be higher is if the number of charges was increased.

Blankenship filed several actions through city court and eventually appealed the fine and charges to Chancery court. The initial filing was on his own and Blankenship eventually secured the services of Nashville attorney Joe Johnston.

Agreed order page 1

Agreed order page 2

The agreed order does away with all charges against Blankenship who garnered the attention of city councilman Jesse Kerley and members of his family including his father Jerry Kerley, director of water resources for the city who, along with another man, was charged with stealing signs posted by Blankenship in a yard on Mockingbird Drive. Both men charged in the sign theft, Jerry Kerley and William Harwell took pre-trial diversion in the sign theft case last month.

Blankenship is also known for signs displayed in his truck while parked outside Crossville city hall during council meetings. Blankenship's signs were targeting Jesse Kerley and his actions and garnered a request from Kerley to former interim police chief Rod Shoap to charge Blankenship for vehicle registration and insurance violations that turned out to be false.

J. R. Blankenship with political sign in front of city hall

The ordinance against distribution of unsigned fliers was originally approved by the city council sometime in the 1960's and Blankenship appears to be the first person ever cited under the ordinance. Crossville city council will consider abolishing that ordinance at their upcoming meeting as it appears to interfere with a citizen's free speech rights.

The agreed order on the flier charges states that “the judgment of the city court be vacated along with any fines or fees ordered by the city court.” The order further states that “the case is dismissed with prejudice.” That means that charges can not be refiled at anytime in the future. The order was entered in the record on November 17 and filed with the court clerks office that same day.

The agreed order also says that the city agrees to pay the costs on the case, if any.

In the course of the reaction to the case, Crossville city judge Ivy Gardner filed a request as an individual for a restraining order against Blankenship earlier this year in General Sessions court saying she felt threatened by him. A permanent restraining order was signed by General Sessions Judge Larry Warner on July 7 2016 after Blankenship did not appear for a hearing because his mother was hospitalized just before she passed away.

The restraining order action was also appealed by Blankenship to Chancery Court and Blankenship initially represented himself pro se. A list of interrogatory questions was submitted by Blankenship to be answered by Gardener that specifically asked, among other things, to “describe in detail each and every verbal and/or written threat, which you allege has been made against you by defendant James R. Blankenship.” Blankenship's interrogatories were submitted on July 25, 2016.

Interrogatory questions from Gardener to Blankenship were submitted on August 17, 2016. The questions included questions on any arrest and/or convictions as well as any involvement in any lawsuit. The following day, Nashville attorney Joe Johnston filed a notice of appearance in the Gardener case to represent Blankenship.

Blankenship's new attorney also filed a motion for continuance from the initially set court date of August 28. An answer to Gardener's complaint was filed with the court August 26 and the answer states that the defendant Blankenship denied ever having “said or done anything that would constitute a pattern to harass and unnecessarily alarm the plaintiff Ivy Gardener ans her complaint had stated.

The appeal hearing, scheduled to be heard November 29 by Judge Jonathan Young for November 29 was not held because the request for a restraining order was “non-suited” or withdrawn by Gardener according to documents filed in the court clerks office.

Non-suit motion 

Previous related stories:

Sign posted outside Council meeting 

Interview with J.R. Blankenship 

Blankenship cases to be heard November 29  

Jerry Kerley and William Harwell agree to pre-trial diversion in sign theft case

In the case involving theft charges related to signs taken from a Mockingbird Drive property on September 30, the 2 defendants, Crossville water resources director Jerry Kerley and William Harwell both took pre-trial diversion on the misdemeanor theft charges. 

Both men will serve 6 months on probation.

According to the state of Tennessee's website, "Pretrial Diversion is governed by TCA 40-15-105 and is also referred to as a suspended prosecution. It is important to note that the individual has not pled guilty or been found guilty yet. A person may be granted Pretrial Diversion if the requirements as stated in the statute are met. A Memorandum of Understanding (MOU) is entered into by the District Attorney and the Defendant. The Defendant must meet the terms of the MOU. If the terms are not met, the prosecution is no longer suspended and the District Attorney is allowed to proceed with the case. If the Defendant chooses to, there can be a trial. When the diversion period is successfully completed, the Defendant asks the court to submit an Order of Expungement to TBI marked Suspension of Prosecution TCA 40-15-105."

Still image from neighbor's video

Mockingbird Drive yard signs

Previous stories:

Charges filed in sign theft case.

Airport Videos raise questions about September 30 incident.

Pre-trial diversion initially refused, case moved to Nov. 17

Crossville Airport Security Videos raise questions about sign theft incident on September 30

The morning of September 30 has already lead to theft charges against two people with connections to the city of Crossville. Crossville water resources director Jerry Kerley and William Harwell, identified as his accomplice in the alleged theft of political signs from a yard at Mockingbird Drive and Iris Circle both face misdemeanor theft charges with an initial court date of October 31.

According to airport manager Chris Bennett, William Harwell works at the Crossville Memorial Airport.

Jerry Kerley and William Harwell were established as suspects by the district attorney general's office in the theft of political signs criticizing Crossville city councilman Jesse Kerley after a neighbor captured part of the incident on video with his cell phone. The neighbor then followed the truck until he could get a license number and the truck turned out to be registered to Jerry Kerley, a white 2008 crew cab pickup.

Security videos from the Crossville memorial airport show some surprising activities and it appears the two men left from the airport just after 9 AM and drove toward Crossville. The truck returned to the airport about 16 minutes later and drove out on the tarmac in front of the large hanger and out of range of the security cameras. The truck returned to the camera view after about 4 minutes and parked beside the airport terminal building and you can see Mr. Kerley get out of the truck and walk toward the building. Kerley's truck remains parked next to the terminal until at least 10 AM.

District Attorney General Bryant Dunaway has confirmed that the stolen signs from Blankenship's yard were recovered at the airport in what Dunaway described as a storage building.

The security videos also show interesting activity prior to the two men leaving the airport then returning. At 8:48 according to the video's time stamp, two pickup trucks drove into the airport from the direction of Crossville, the white pickup that belong to Jerry Kerley and a gray Dodge Ram pickup that is owned by airport manager and fixed base operator Chris Bennett. Bennett's truck drives around the corner of the airport terminal building then out on the tarmac while Kerley's truck parks in front of the terminal and he goes inside.

After a little over 20 minutes, Kerley and the same man shown in the video made by the neighbor based on the charges filed, appears to be William Harwell wearing the same clothes and white ball cap come out the front door of the terminal building, get into Kerley's white truck and they leave the airport and the truck turns toward Crossville.

Other questions that remain include that based on Jerry Kerley's time sheet for the week all this activity was done on city time.  His time sheet shows 8 hours or a full day of work on September 30.  Between 8:45 and at least 10 AM, Kerley is at the airport or caught on video at the Mockingbird Drive house.  

Jerry Kerley's time sheet for the date in question

To date no disciplinary action of any kind has been taken against Mr. Kerley by the city manager.

Link to previous story that includes video shot by neighbor.

Timeline of airport security video (The time stamp is 5 minutes fast so each time stamp is five minutes off. 8:48 is actually 8:43 AM)

8:48 AM: Jerry Kerley's truck turns into the airport from the direction of Crossville followed by the gray Dodge truck owned by Crossville airport manager and FBO Chris Bennett. Kerley parks in front of the terminal building and goes inside while Bennett's truck goes toward the main hanger at the airport.

Kerley's and Bennett's trucks arrive at the airport

Jerry Kerley and Chris Bennett arrive at the airport

8:49 AM: Kerley goes in the front door of the terminal while Chris Bennett and William Harwell come in the door from the tarmac where Bennet parked.  It appears the two men rode together.

Bennett's truck drives toward tarmac

Bennett's truck enters secure area tarmac

Bennett and Harwell enter terminal a short time later

9:12 AM: Jerry Kerley and the other suspect William Harwell come out of the front door of the terminal and go to Kerley's truck and get in.

Kerley and Harwell get in Kerley's truck

9:13 AM: Kerley's white truck drives down the drive way and turns toward Crossville.

Kerley's truck heads out of the airport

Not time stamped, but sometime shortly after 9 AM suspects are caught on tape preparing to leave the property at Mockingbird Drive.

9:29 AM: Kerley's truck returns to the airport from the direction of Crossville, drives in front of the terminal building, around the corner and through the open gate onto the tarmac. The truck turns in front of the hanger and goes out of camera view.

Kerley's truck returns to the airport

Kerley's truck turns at side of terminal

Kerley's truck enters secure area tarmac.

9:33 AM: The truck drives out of the secure area of the airport and parks on the side of the terminal. Jerry Kerley gets out of the truck and goes inside the side door of the terminal.

Door of Kerley's truck as he gets out

Kerley walks to Terminal

10:00 AM: Kerley's truck remains parked in the space on the side of the terminal building.

The video ends here 

Eye witness video shot of Kerley's truck at Mockingbird Drive house.

Raw security videos from the Crossville airport:

Security cam in front of terminal

Close up shot of airport parking lot entrance at end of driveway.

Airport security cam at corner of terminal building.

Security camera at entrance to airport secure area

  

Jerry Kerley and William Harwell face political signs theft charges in General Sessions Court October 31

Summonses on theft charges have been issued to Jerry Kerley, father of Crossville city councilman Jesse Kerley and director of water resources for the city of Crossville along with the man who allegedly accompanied him to Mockingbird Drive where the men were caught on tape after allegedly taking political signs from the yard.

Frame capture from neighbor's video.  The full video is below.

William Harwell was also charged in the incident in the affidavits signed by district attorney's investigator Randal Slayton.  The charge against both men is theft of property less then $500.  Both men are set for an initial appearance date in general session court on October 31, 2016.

The signs taken had Kerley's name on most of them and accused the councilman of being a "liar," "trash," and "abuse of office." The missing signs have reportedly been returned to owner Randy Blankenship.

Mockingbird Drive signs before the theft.

The facts according to the statement of Mr. Slayton are:  "Jerry Kerley/William Harwell have committed the offense of theft of property by knowingly obtaining and exercising and exercising control over property of another without the owner's effective consent with intent to deprive.  On 9/30/2016 Jerry Kerley intended to deprive Randy Blankenship of his property when he took signs, valued at less then $500, from Randy Blankenship at 279 Mockingbird Drive, Crossville, Cumberland County, Tennessee and exercised control over the property withing Randy Blankenship's effective consent.  I therefore charge the above with theft of property under $500."

EXCLUSIVE video shot by neighbor

Misdemeanor charges filed against two, including Jerry Kerley for sign theft incident. Councilman Kerley not a suspect.

A misdemeanor summons has been issued for Crossville water resources director Jerry Kerley and another man, identified as William Harwell of 275 Kearney Drive, and both men face charges over the reported theft of a number of homemade signs from a yard on Mockingbird Drive.

Frame from the video of the theft incident

Part of the incident was caught on tape by a neighbor who also got the license number of the truck that turned out to be registered to Jerry Kerley.  City records show that Kerley was on the clock in his job for the city at the time of the incident.

Exclusive Video of the incident

Kerley's son, city councilman Jesse Kerley was initially listed as a suspect in the incident on a police report but the investigation by the DA's office indicates Jesse Kerley was not in the truck at the time of the incident.

The owner of the signs, J. R. Blankenship whose mother lived at the Mockingbird Drive house before she passed away recently told Jim Young Reporter that the DA's office recovered the signs and has returned them to him.

District attorney General Bryant Dunaway confirmed that the signs had been recovered.

Signs that were at the Mockingbird Drive residence before the theft

The two men will face the charges in Cumberland County General Sessions court at a future date.  The charge is a Class A misdemeanor and the maximum penalty is up to 11 months and 29 days though General Dunaway said it was unlikely they would face the maximum penalty.

DA now investigating Mockingbird Dr. sign theft. Crossville councilman Jesse Kerley listed as suspect in police report.

The police report on the theft of signs incident from the yard of a house on Mockingbird Drive lists two suspects as Jesse Kerley and his father Jerry Kerley. In addition, the license tag number reported by a witness is to a White 2008 Chevy pickup truck that is registered to Jerry Kerley.

The incident happened Friday morning at around 9:00 am and the report was written by city police officer Joel Stevens. The victim is listed on the report as 54 year old J. R. Blankenship and the value of the signs was listed as $500.00.

Still from the witness video showing truck registered 

to Jerry Kerley, father of councilman Jesse Kerley.

According to Crossville police detective J. C. Hancock who initially began working on the investigation, the case has been turned over by the district attorney's office for further investigation.

Crossville councilman Danny Wyatt was asked for comments about the incident and said “I don't know how you comment on something like that.”

Councilman Pete Souza, who had been accused by the Kerleys of having something to do with the signs put up by Blankenship and may have led to the altercation between Souza and councilman Kerley said, “This action goes beyond responsible behavior and the parties involved are out of control.”

Witness video

Original Story at this link

Mockingbird Drive sign theft caught on video, police investigating. Possible continuation of Kerley-Blankenship feud.

Crossville city police are investigating an incident at the Mockingbird Drive house that has been the location of a number of controversial political signs concerning Crossville city councilman Jesse Kerley. Those signs are part of a continuing feud between J. R. Blankenship and Kerley.

The incident occurred at around 9:00 AM Friday morning, September 30 when two men in a white crew cab pickup truck allegedly removed signs from the property, putting them in the back of the truck and then leaving the scene. Those signs have been posted for some time and are critical of councilman Jesse Kerley. A neighbor caught the incident on video and also was able to get the license tag number of the truck.

Video showing the incident at 279 Mockingbird Dr. 

The person in the video bears a strong resemblance councilman Kerley's father Jerry Kerley getting into the driver's side of the truck. The other individual in the video is not clearly identifiable. Jerry Kerley is employed by the city of Crossville as the director of water resources.

Still from the video

Still from the video

The incident between Jerry Kerley, Jesse Kerley and councilman Pete Souza on June 2 that has lead to assault charges filed against Jesse Kerley reportedly included references by Jerry Kerley to Mr. Souza about Souza supposedly making signs for Mr. Blankenship. The next court date for the assault charges are Thursday October 6.  Both Blankenship and Souza have denied Souza had anything to do with the signs and Blankenship says he makes his own signs.  

Blankenship has appealed the fine placed by city judge Ivy Gardner against him for distributing unsigned flyers seeking evidence on city officials of wrongdoing.  Reports that Jesse Kerley sought to have Blankenship arrested for charges including allegations of driving a vehicle without proper registration or insurance have been made as part of the recently filed ethics complaints made by Mr, Souza.  

This is the second time there has been an attack on the signs posted against councilman Kerley at the Mockingbird property. The first time several months ago Mr. Blankenship had placed a game camera that captured still photos of a perpetrator with a sledge hammer damaging the signs. The photos did not clearly show enough to identify the person in the photo.

Previous attack on signs at the Mockingbird house.

Sources say two police reports have been made on the incident to the Crossville police department, one by the neighbor and second one by J. R. Blankenship who put the signs up on the property owned by a family member. The incident is under investigation.

The stolen signs have already been replaced with cardboard versions.   

After the incident, replacement signs of cardboard were posted.

House on Mockingbird Drive.

Blankenship court matters continued until November 29

The appeal of the $1500 fine levied by Crossville city judge Ivy Gardner against J. R. Blankenship along with the appeal of the granting of a restraining order against Blankenship requested by Gardner were both set for Judge Jonathan Young's court and have been continued to November 29.

The fine came from a flyer that was distributed in downtown Crossville asking for pictures of elected or appointed officials doing wrong.  Blankenship was cited under a city ordinance about the circulating of "unsigned flyers" that was passed in the 1960s and appears to never have been enforced until the incident earlier this year.

Blankenship is being represented by a Nashville attorney that handles cases involving free speech and the First Amendment as there are possible issues relating to Blankenship's rights in the case.  

In addition, the restraining order case that apparently stems from the court case will be heard on the November case as well.  A series of discovery questions has been requested by Blankenship's attorney in the case.  

Link to previous story on J. R. Blankenship 

Crossville News--Council candidates finalized, New city manager applicants, Blankenship appeal Monday

Crossville News Updates.

1) City council candidate list finalized

There is no change in the candidates for city council. Thursday at noon was the deadline for any candidate to drop out if they wanted to and no requests were made. All 8 of the candidates will appear on the November 8 ballot for Crossville city council and the two candidates who receive the most votes will gain a spot on the council.

The final list of candidates are:

• Jerry T. "J.J" Brownstead
• Charles Cooper, Jr.
• J. H. Graham, III
• Robert E. "Rob" Harrison,
• Terri L. Manning
• Jeanette W. Parsons
• Scot Shanks
• David E. Warner

2) New Candidates for Crossville city manager position

Three additional candidates have submitted letters and resumes for the Crossville city manager job currently being advertised.

New candidates include:

Terence Arrington of Greenville SC whose last job is county administrator for Darlignton Co. South Carolina. Arrignton served in that position from 1-2015 through 8-2016. Arrington has a Masters of Public Administration and is working toward and MBA. He has government experience since 2011 including deputy city administrator of Salisbury MD from 1-2014 to 1-2015.

Allen May of Urbanville IA last held the position of city administrator of Coal Valley Illinois. He started serving in that position in 2014. Prior to that position, May has zoning and planning experience back to 1974.

Bobby Goney of Crossville is a registered nurse that has worked in intensive care for the last several years, curently in Sparta and prior for Cumberland Medical Center. He holds an MBA in healthcare administration. In addition, Goney has previous experience in banking and accounting.

3) J. R. Blankenship Court appearance Monday on appeals

The appeal of two matters concerning J. R. Blankenship are scheduled to be before circuit court Judge Jonathan Young. Blankenship is represented by Nashville Attorney Joseph Johnston. The matter of the $1500 fine placed against Blankenship over “unsigned fliers” is under appeal along with an appeal of the issuance of a restraining order to city judge Ivy Gardener.

Exclusive Interview with J. R. Blankenship--”I did not intend to break the law.” From Council meetings to Court to Yard Signs--the saga continues

The saga of J. R. Blankenship, where it stands now, 

and how it is sparking further discord in the city council.

What started, according to J. R. Blankenship, as a way “to inform elected officials of something they should be concerned about” has turned into a dispute that stretches across multiple courts, numerous accusations and numerous signs.

This reporter had an exclusive interview with Mr. Blankenship, has spoken to Crossville Police Chief Rod Shoap and sat in on Crossville municipal court held June 14 where motions from Blankenship concerning his citation and fine were heard.

The man, J. R. Blankenship, who gives his address as 279 Mockingbird Drive first came onto the public radar when he spoke at the end of the March 10 regular city council meeting with a very brief statement claiming he had evidence of council members who were “in breach of their fiduciary duty.” He continued that he had “polled 25 law professors” and added that he would make the information public after he heard back from them.

J. R. Blankenship's comments at March 10 council meeting

Distributing unsigned material

The next time Mr. Blankenship's name came up was a day or so after the council meeting when some fliers (and no one seems to be able to determine exactly how many) were reportedly found posted on downtown businesses offering “a reward” of up to $500 for photos of any city elected or appointed official doing something wrong. The flier promised anonymity for the informant and that the evidence would be published. The flier was signed “Sam at the Daily Bull” with a phone number. According to Blankenship, he is known to some people as Sam.

The "unsigned flier"

The first reports of the fliers are believed to have come from city councilman Jesse Kerley who reportedly said he'd had several complaints about the fliers from downtown businesses. As the investigation moved forward, there were more emails flying between councilman Kerley, former city manager David Rutherford, city attorney Will Ridley and police chief Rod Shoap.

Emails from Mr. Kerley went to the city attorney and city manager. The city manager was asked to forward Kerley's email to the police chief suggesting the perpetrator should be charged with littering. Kerley's email to Ridley asked if someone distributing fliers needed a permit. Ridley responded that it appeared the action could be in violation of two city ordinances and Ridley said he had informed the police of his findings.

According to Police Chief Rod Shoap, Mr. Blankenship was quickly developed as a suspect and a copy of the ordinances was delivered to the house on Mockingbird Drive. Shoap said that Blankenship called the department and offered to turn himself in.

In an exclusive interview between this reporter and Blankenship, he said he had researched state and federal law before distributing the fliers but said he had not considered local ordinances. Said Blankenship, “I had no intention to break the law.”

Blankenship said that emails between Shoap and Rutherford indicated to him that Shoap felt there should not be prosecution. An email from Shoap to Rutherford said, “the culprit has confessed-he understands what he did was wrong and will be willing accept the cite, however, if we just warn him I am hoping he does not make a return visit.” Blankenship concluded that he would not have been cited except for direction by councilman Kerley.

We spoke with Chief Shoap and he said Blankenship's conclusion was inaccurate. According to Shoap, a council member can not direct his action.  Chief  Shoap stated that he would not allow that to happen. Shoap stressed that Blankenship had always been respectful to him and his officers but he said that he had received a call from a downtown business manager about the flier. Shoap described the complainant as “put out” telling the chief that he did not allow anyone to put fliers in his windows. Shoap said because of that complaint, on March 24, 2016 his department issued a single citation, not 30 citations as has been reported elsewhere.

Shoap commented on the situation, “I do want him (Blankenship) treated fairly.”

Shoap told this reporter that he only saw one flier and he said four were actually documented by his department. Shoap also said that Blankenship himself did not know how many fliers had been distributed. Shoap told us that he wanted to be very cautious on the action taken as he felt he needed to consider how charges might affect other fliers distributed for things such as fundraisers that kids might put out.

Shoap added that up to this point he and his officers had spent some 40 hours on the matter of the fliers, time he felt could have been better spent protecting the public.

Blankenship stated in our interview that he didn't know how many fliers had been put out but he had 50 of the fliers printed and he still had a stack of them at his house.

From Council to Court to yard signs

Blankenship's anger is generally directed at councilman Kerley who he feels has pushed the prosecution of him through his position on the council and friends that, according to Blankenship, include city judge Ivy Gardner. Blankenship's feelings come through in the yard signs at the Mockingbird Drive house and the signs he has brought to city council meetings in the back of a pickup truck. In our interview he described Kerley's actions in the flier case as “official misconduct and oppression.” His comments mirror comments in a memo from councilman Pete Souza to city attorney Will Ridley dated June 1, 2016 that questions the actions taken in the case against Mr. Blankenship and Mr. Kerley's involvement.

Two page memo to city attorney Will Ridley outlining Pete Souza's concerns about Kerley's actions

It appears that some of the animosity currently between Councilman Kerley and Councilman Souza stem from this issue as well with Kerley accusing Souza of assisting Blankenship with the plywood signs he put up in his yard on Mockingbird Drive. Souza has also sent a letter to the Tennessee Open Records office after Blankenship filed several open records requests and received no information. Form letter responses indicate there are “No such records exist.”

Letter from councilman Pete Souza to State Open Records office

Blankenship faced his citation on the fliers May 10 in Crossville city court before city judge Ivy Gardner. After hearing about the case, Gardner found Blankenship guilty of 30 counts of “distributing unsigned material” from a single citation and fined the maximum $50 fine on each count totaling $1500. Blankenship also has questioned the ordinance under which he was cited and it appears that no one except Mr. Blankenship has ever been charged with the offense since the ordinance has been on the city books since the 1960's.

As this situation has further played out, city judge Ivy Gardner has filed a request for a restraining order against Blankenship claiming in a court filing that he “has engaged in a pattern of conduct to harass and unnecessarily alarm” Ms. Gardner. The action was filed for Ms. Garner by attorney Kevin Bryant.

Complaint against Blankenship (left) filed by city judge Ivy Gardner and temporary restraining order pending the next court date of July 7, 2016

Prior to the initial hearing on the matter, a temporary restraining order was issued by General Sessions Judge Larry Warner. At the court appearance, a continuance was granted for Blankenship to hire an attorney to defend him. The next court date on the mater is July 7 at 1 PM.

It appears that the restraining order request comes from the sign in Blankenship's yard on Mockingbird Drive that says, “Twerley Trash=Quid Pro Quo 107 143 68” The numbers correspond to house numbers of property owned by councilman Jesse Kerley, his brother Joseph Kerley and a house owned by Joe B. Gardner, Jr.

279 Mockingbird Drive with yard signs including one some perceive as a threat

When asked about the numbers on his sign, Mr. Blankenship said it was a joke and they were the combination to his safe. He said he was willing to let anyone contact the man who keeps his safe. Crossville Police Chief Rod Shoap said that a safe combination was also what Blankenship told him the numbers represented.

Blankenship's Latest Court Appearance

Even though he is under a temporary restraining order, J. R. Blankenship appeared before Crossville city judge Ivy Gardner in Crossville city court on June 14 concerning motions he made following his guilty finding on distributing unsigned material and fined $1500. Blankenship filed a motion for discovery seeking documents, records and more related to his case. In addition Blankenship is seeking written “finding of facts” and “conclusion of law” for his case related to Judge Gardner's decision on her refusal to recuse herself, dismissal of Blankenship's counter claim and the fine imposed.

Gardner told Blankenship that her court was a municipal court and was not a court of record meaning that civil procedures do not apply and she was not required to provide the information he was requesting. Stated Gardner, “If a higher court tells me to do so I will do it gladly.” She said that she currently has no jurisdiction on the case as it was on appeal to a higher court.

Blankenship also asked that Gardner recuse her self from the case saying she “bore false witness against me.”

The city court fine has been appealed to circuit court and is scheduled be heard by Judge Jonathan Young on August 29, 2016.

Blankenship Appeal Notice to Circuit Court

Vandalism of Blankenship's Yard signs

Blankenship shared an image from the infrared camera in his yard that shows a person wearing a hoodie, shorts and tennis shoes wielding what Mr. Blankenship says is a sledge hammer that was used to knock down the signs that were nailed to a tree. While the face is unclear, Blankenship would like to know who the person is that damaged his property

Unidentified vandal in Blankenship's yard destroying signs 

More signs in the city hall parking lot

For the second month in a row, a sign expressing political comments decorates a pickup truck at Crossville city hall. 

This sign includes a barrel of tar and one of feathers listed as a political repair kit.

J R Blankenship vs. Jesse Kerley take 2 Includes possible threats

A series of signs at a residence on Mockingbird Drive in Holiday Hills appear to be directed at Councilman Jesse Kerley over incidents related to charges filed against J. R. Blankenship for distributing an unsigned flyer requesting information on any council or elected official wrong doing.

The signs, reminiscent of the homemade signs of councilman Pete Souza in his 2012 election, have sprung up in the yard, on a porch railing and on the side of the house.

Blankenship was found guilty of the charge by Crossville city Judge Ivy Gardner and that could end up being a problem for Blankenship.  According to reports, Blakenship has appealed the conviction and $1500 fine but one of the signs in the yard states "Quid pro quo" and lists several numbers.  Those numbers represent the house number of Jesse Kerley's home, the home of his brother and the home of of Judge Ivy Gardner.  The fact that Gardner's house number is on the sign could spell more problems for Blankenship if it appears that the sign indicates any type of threat.

A photo of the house and a transcript of the signs is below.

Kerley = corruption

Kerley

Pull the records

Make them

*Public*

Man-up!!

Prove Me wrong

You wont=guilty

Twerley

trash=

107 Quid

143 Pro

68 Quo

Twerley Trash

Sissy in the night

Kerley = Liar

Kerley=

Abuse of office