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Workers hired by the Pine Mountain Club Commercial Property Owners Association (PMCCPOA)to dismantle stage, memorial and deck around Madd Bailey's before Lilac Festival. Their presence has been a matter of civil litigation filed by the PMCCPOA and contested by Mark Bailey. The dispute continues a series of encounters between Clarice Smith and Bailey which resulted in arrests at the 2009 wine festival. Internal Affairs complaints were filed regarding deputies' actions, which were witnessed by groups of people relaxing in this area at the time.
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The memorial for Steve Pauley and the structures outside Bailey's business were removed with chainsaw and crowbar on May 10, 2010 amid protest by Bailey that the issue was under active litigation.
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Kern County Sheriff's deputy speaks with workers as Mark Bailey looks on.
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Clarice Smith standing in front of chain saw, telling Mark Bailey that he is not allowed to speak to her workers, just after the Kern County Sheriff's deputy has told them that the matter is a civil issue not under his jurisdiction, but that he advises them both to 'act like adults.' The deputy left and the destruction continued.
Candlelight Vigil to Protest Destruction of ‘Pauley Pavilion’ by Commercial Center Board
By Bent Fredriksen
An ad hoc organization, The Pine Mountain Vigilance Committee, has announced with flyers posted throughout Pine Mountain that they will be at Steve "Pookie" Pauley’s Pavilion for a candlelight vigil in honor of Pookie on Saturday night, May 15, at 8.30 p.m. The gathering is a protest for the desecration of a monument raised in honor of a Vietnam War veteran. Frank Sanchez is coordinating the event.
The Mountain Enterprise was called out Monday, May 10 to witness an event in Pine Mountain Village. According to workers, Clarice Smith of the Pine Mountain Club Commercial Property Owners Association (PMCCPOA) hired a crew with chain saws and pry bars to cut down the monument and related stage and decking. It has been a gathering place for weddings and memorial services for the community.
According to legal filings, there is active litigation by PMCCPOA against Mark Bailey, owner of Madd Bailey’s pub, where the monument was erected several years ago. The current PMCCPOA board initiated the civil suit. Smith told Mark Bailey she was dismantling the structures "on advice of counsel." Her husband, Craig Smith, is an attorney. Bailey told the workers May 10 that they were on private property and that the matter was in active litigation, so they should leave. He said the case is set to go to trial in December. Clarice Smith said, "I have no comment," at the scene when we were reporting the dismantling of the facility. She called the Kern County Sheriff’s office, claiming to have been threatened.
The sheriff’s deputy who responded announced that this was a civil matter, between the parties to the civil suit, and that he had no jurisdiction, then admonished them "to act like adults" and left.
We will report more about these events in next week’s issue of The Mountain Enterprise.
The flyer being posted around the area reads:
Candlelight Vigil In Honor of Steve "Pookie" Pauley
Destruction of Pauley Memorial
Steve Pauley died of lung cancer, possibly of Agent Orange when he served in Vietnam. To desecrate a memorial to a veteran with a chainsaw, pry bars and hammers is a sin. It was ordered dismantled by the Commercial Property Owners Board of Directors. It was not given the opportunity to be erected elsewhere. Is the Memorial Board in the commercial center that is dedicated to the men and women who served in Desert Storm in Iraq to be chainsawed down? Is the Stone Memorial with the plaque dedicated to Sgt. Brian Cody Prosser going to be removed that is adjacent to the gazebo? This action is comparable to ordering the Prosser Memorial in Frazier Mountain Park and the Vietnam Wall in Washington D.C. to be bulldozed. Is this how we treat our veterans who fought and laid down their lives for freedom?
It’s Never the End
Madd Bailey’s Pub
Saturday, May 15 at 8:30 p.m.
The Pine Mountain Vigilance Committee
This is part of the May 14, 2010 online edition of The Mountain Enterprise.
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