Paul Andrew Mitchell, Sui Juris c/o general delivery San Marcos [ZIP code exempt] TEXAS STATE In Propria Persona All Rights Reserved, without prejudice At Law DISTRICT COURT OF TEXAS STATE HAYS COUNTY Paul Andrew Mitchell, ) Case No. CV-98-0547 ) Plaintiff, ) AFFIDAVIT OF PROBABLE CAUSE ) v. ) ) City of San Marcos, ) San Marcos Utility, ) Community Action, Inc. ) of Hays, Caldwell, & ) Blanco Counties, ) Century Telephone, Inc., ) and Does 1 thru 25, ) ) Defendants. ) _________________________) COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, Federal Witness, Counselor at Law, Private Attorney General, and Candidate for the United States ("U.S.") House of Representatives, currently inhabiting Hays county in Texas state ("Plaintiff"), to present this, His AFFIDAVIT OF PROBABLE CAUSE. Said AFFIDAVIT now follows: I, Paul Andrew Mitchell, Sui Juris, am the Plaintiff in this case. I am of majority age, and competent to make this verified statement, to wit: On Monday, May 18, 1998, I learned, from written notes which he had left for Me, that My roommate of only six (6) weeks was moving out on very short notice, and that the telephone and electricity services would be disconnected on Tuesday, May 19, 1998. On Monday, May 18, 1998, I called Century Telephone's customer service number and spoke with their representative concerning My options. I then requested to keep the same telephone number that had been previously assigned to My roommate. That representative advised Me to call first thing on Tuesday morning, in order to reserve that number before it was assigned to someone else. Upon waking on Tuesday, May 19, 1998, I then discovered that the telephone and electrical services had, indeed, been disconnected, most probably before I arose that morning. Soon after waking on the morning of Tuesday, May 19, 1998, I called Century Telephone's customer service again, and spoke with a different woman. She reserved My roommate's former telephone number for Me, and also asked Me for a Social Security Number. I told her I did not have one, and gave her numerous reasons why I do not have one, after she specifically asked Me why that was the case. She advised Me to bring photo identification ("ID") to their business office, as soon as possible. Later in the day on Tuesday, May 19, 1998, I delivered a photo ID and business card to the Century Telephone business office in the city of San Marcos. The counter clerk made photocopies the photo ID and business card, and returned both to me. I was then advised by the counter clerk that these forms of identification would be unacceptable, and that I would need to present a valid Texas Driver's License ("TDL") and/or valid Texas state-issued photo ID ("TID"). I explained to the counter clerk that the TDL and TID both require the disclosure of a Social Security Number on the application forms for these documents, and that it was primarily for this reason that I do not currently have either a TDL or TID, and have no plans to obtain either a TDL or TID, because I have strongly held religious objections to the Social Security system and number. I also told her that I am a Citizen of Arizona. Later in the afternoon on Tuesday, May 19, 1998, I specifically requested the personal intervention of Father Daryl Olds, Assistant Pastor at St. John's Catholic Church in San Marcos, Texas. Father Olds agreed to call Century Telephone's business office immediately. On Wednesday, May 20, 1998, I visited the offices of Community Action, Inc., and was introduced to Mr. Frank Cantu, who is a staff member of this organization. We had a cordial introduction and met for about 20 minutes, during which time I explained that I could use some help activating the electricity in My dwelling unit. Mr. Cantu wrote some information onto his "in-take" form, and requested some identification. I handed him copies of My photo ID and business card, which he promptly photocopied and returned to Me. He told me that a valid TDL and/or TID would be required, and I told him that I did not have either of these. Mr. Cantu then called someone at the San Marcos Utility, to confirm their identification requirements. After finishing that telephone conversation, Mr. Cantu informed Me that the San Marcos Utility requires either a Texas Driver's License, and/or Texas state-issued ID. Mr. Cantu asked Me to come back the following day, in order to complete the application process and to meet the Manager concerning this matter. He also informed Me that his organization had sufficient funds to pay for the required deposit -- approximately $80. On Wednesday, May 20, 1998, I learned from Father Olds that Century Telephone did, in fact, deny telephone service to Me, because I did not have what they termed "proper" identification. On Thursday, May 21, 1998, I prepared and delivered a letter and document set concerning Social Security to the Community Action, Inc. secretary, and requested that she forward these documents to Mr. Frank Cantu. See Exhibits A & D, which are both incorporated by reference, as if set forth fully herein. On Thursday, May 21, 1998, I prepared and delivered a letter and document set concerning Social Security to Century Telephone's counter clerk, and requested that she make copies only of the 3-page hand-written letter. See Exhibits B & D, which are both incorporated by reference, as if set forth fully herein. The counter clerk was gone for what seemed to Me to be an inordinate amount of time (to photocopy only 3 pages), the line of customers was getting rather long behind Me. When the counter clerk finally returned, she attempted to return the document set to Me, and said, "Please call Christen on our in-house courtesy phone there, in the lobby." I told her that Father Olds had informed Me of the decision by Century Telephone employees to refuse telephone service to Me. She then replied, "We are NOT refusing telephone service to you. PLEASE call Christen, our representative, on the courtesy phone." I expressed frustration with the long wait, and for what I considered to be obviously inconsistent treatment, by telling the counter clerk that I thought this inconsistent treatment now warranted a law suit. At that moment, rather than to get into such a difficult and frustrating subject on the courtesy telephones in the lobby of Century Telephone's business office, where other customers waiting in line would, most likely, hear only My side of the story, I made a decision to leave immediately, without speaking with Christen, or anyone else, on their lobby courtesy telephones. Later in the afternoon on Thursday, May 21, 1998, I prepared and delivered a letter and document set to the business office of San Marcos Utility, which is adjacent to St. John's Catholic Church and also to the city hall business offices of the City of San Marcos, on Hopkins Street in San Marcos, Texas. See Exhibits C & D, which are both incorporated by reference, as if set forth fully herein. In the early afternoon of Friday, May 22, 1998, I visited the offices of Community Action, Inc., and met briefly with the Manager and with Mr. Frank Cantu. After a discussion of numerous unrelated and irrelevant subjects, such as the true identity of the Internal Revenue Service [sic], the Manager informed Me that Community Action, Inc. would not provide Me with any vouchers for the deposit on an electric utility account, until and unless I provided him with a TDL and/or TID. He said this decision was now final. Each of these separate experiences, forming a consistent pattern, convinced Me that I am being denied both telephone and electricity services specifically because I am unable to provide a Social Security Number, and specifically because I refuse to apply for a Social Security Number, for all of the many valid and verifiable reasons which I provided to these three (3) organizations in the document set attached to My cover letters. See Exhibit D. Further this Affiant sayeth naught. VERIFICATION I, Paul Andrew Mitchell, Sui Juris, a Citizen of ONE OF the United States of America, hereby verify, under penalty of perjury, under the laws of the United States of America, that the above statement of facts is true and correct, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause. Dated May 26, 1998 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, B.A., M.S. Counselor at Law, Federal Witness, Private Attorney General, and Candidate for the U.S. House of Representatives All Rights Reserved without Prejudice [See USPS Pub. 221 for addressing instructions.] Exhibit "A" 5/21/98 TO: Frank Cantu Community Action, Inc. SUBJECT: application for electricity voucher Dear Frank, Attached please find a collection of excellent documents which I obtained from the Internet yesterday. Please note on page 4 of 7 in the case of Yeager v. Hackensack Water Company, that public utilities are subject to P.L. 93-579. Here is the pertinent sentence from that case: "In certain situations, where there is a close nexus between the state and an action by a regulated entity, the action of the latter may be fairly treated as that of the state itself. citing Jackson v. Metropolitan Edison Company, 419 U.S. 345, 351 (1974). Thus, under subsection (b) of P.L. 93-579, I believe I am correct to request that either you, or the local power utility, do the following: (1) disclose whether SSN disclosure is mandatory or voluntary; (2) disclose by what statutory or other authority such number is solicited; and, (3) disclose what uses will be made of it. Please also be informed, as I told you yesterday, that I currently do not have a Social Security Number assigned to me, and I have strongly held religious objections against ever obtaining one. Thus, the law does not recognize impossibilities ("lex non cogit impossibilia" in Latin). I cannot give, what I do not have. VERIFICATION I hereby verify, under penalty of perjury, under the laws of the United States of America, that the above statement of facts is true and correct, according to the best of my current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). Dated: May 21, 1998 Signed, /s/ Paul Andrew Mitchell PRINTED: Paul Andrew Mitchell Citizen of Arizona state Exhibit "B" 5/21/98 TO: Century Telephone Attention: Christen SUBJECT: application for residential telephone service (1 line) Attached please find a collection of excellent documents which I obtained from the Internet yesterday. Please note on page 4 of 7 in the case of Yeager v. Hackensack Water Company, that public utilities are subject to P.L. 93-579. Here is the pertinent sentence from that case: "In certain situations, where there is a close nexus between the state and an action by a regulated entity, the action of the latter may be fairly treated as that of the state itself. citing Jackson v. Metropolitan Edison Company, 419 U.S. 345, 351 (1974). Thus, under subsection (b) of P.L. 93-579, I believe I am correct to request that your company do the following no later than 5:00 p.m. on Friday, May 22, 1998: (1) disclose whether SSN disclosure is mandatory or voluntary; (2) disclose by what statutory or other authority such number is solicited; and, (3) disclose what uses will be made of it. Please also be informed, as I told your co-worker on the telephone last Tuesday morning, that I currently do not have a Social Security Number assigned to me, and I have strongly held religious objections against ever obtaining one. Thus, the law does not recognize impossibilities ("lex non cogit impossibilia" in Latin). I cannot give, what I do not have. VERIFICATION I hereby verify, under penalty of perjury, under the laws of the United States of America, that the above statement of facts is true & correct, according to the best of my current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. section 1746(1). Dated: May 21, 1998 Signed, /s/ Paul Andrew Mitchell PRINTED: Paul Andrew Mitchell Citizen of Arizona state Exhibit "C" 5/21/98 TO: San Marcos Utility City of San Marcos SUBJECT: application for voucher from Community Action, Inc. Dear Customer Representatives, Attached please find a collection of excellent documents which I obtained from the Internet yesterday. Please note on page 4 of 7 in the case of Yeager v. Hackensack Water Company, that public utilities are subject to P.L. 93-579. Here is the pertinent sentence from that court case: "In certain situations, where there is a close nexus between the state and an action by a regulated entity, the action of the latter may be fairly treated as that of the state itself. citing Jackson v. Metropolitan Edison Company, 419 U.S. 345, 351 (1974). Thus, under subsection (b) of P.L. 93-579, I believe I am correct to request that your company do the following no later than 5:00 p.m. on Friday, May 22, 1998: (1) disclose whether SSN disclosure is mandatory or voluntary; (2) disclose by what statutory or other authority such number is solicited; and, (3) disclose what uses will be made of it. Please also be informed, as I told Mr. Frank Cantu of Community Action, Inc., that I currently do not have a Social Security Number assigned to me, and I have strongly held religious objections against ever obtaining one. Thus, the law does not recognize impossibilities ("lex non cogit impossibilia" in Latin). I cannot give, what I do not have. VERIFICATION I hereby verify, under penalty of perjury, under the laws of the United States of America, that the above statement of facts is true and correct, according to the best of my current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. section 1746(1). Dated: May 21, 1998 Signed, /s/ Paul Andrew Mitchell Sui Juris, Citizen of Arizona state PRINTED: Paul Andrew Mitchell (one of the unnumbered people) # # #
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Mitchell v. City of San Marcos et al.