If the Hamilton Police read Rick Davidson his rights before they took him off the kitchen chair, he had planted in a gravel pit as a protest against a proposed super mailbox, he didn't hear them.

"I can't hear anything without this (cochlear implant) on... Sherman tank could drive over me and I wouldn't hear it."

The 69-year-old man was handcuffed and placed in the back of a cop car while contractors for Canada Post cemented the footing for a mailbox at his in-laws' home, which he now takes care of. He's been charged with mischief by police. He has a cochlear implant and a hearing aid, which was dropped at some point in Thursday's interaction with police.

Police say they were called to Davidson's protest at Brucedale Avenue and East 34th Street on information that it was assault against contractors, and that Davidson struck a worker with his chair, a point Davidson completely denies.

"I never touched any of the construction workers," Davidson said. "I told 'em to get off the property."

"I'm 69 years old, I'm not going to start a fight out — with a chair or without."

Either way, the protest landed Davidson, a perennial snowbird who spends six months of the year in Florida, in the back of a cruiser and with a future court date in August.

To top it off, the eyesore won't make getting the mail easier for the publishing industry retiree. Davidson told CBC News his new mailbox, which replaces door-to-door delivery on the Mountain Monday, is four blocks away.

With a week to go before the end of door-to-door delivery, Davidson said he was emailed about using the corner property at Brucedale Avenue and East 34th Street owned by his in-laws, and only met with Canada Post on Wednesday.

"They're rushing, of course," Davidson said Friday.

It was down the street from a similar sit in protest from May, that was retiree Henry Evans-Tenbrinke, sitting in with friend and fellow activist Ken Stone, for a peaceful protest. In Evans-Tenbrinke's protest, contractors then alleged he kicked them in the foot, which he denies.

When asked about any truth to the alleged assault on contractor workers Thursday, Canada Post spokesperson Jon Hamilton deferred to police.

Police said the Brucedale resident was seen, "bringing out a lawn chair and sat down on the work site, interfering with the installation."

Hamilton Police spokesperson Cons. Steve Welton said the chair stuck the worker when Davidson dropped the chair "intentionally on the work area where the contractors were working."

"The contractor/victim did not support charges of assault during the police investigation. The contractor did not want to press charges but simply wanted to complete the work and leave," Welton added by email.

Police said in a press release Davidson was arrested "for mischief when he refused to move," and after a number of attempts to engage in dialogue.

Neighbour Eva Finochio watched the ordeal from her front porch. She said Davidson, put his chair on the gravel bed and refused to move. As many as four police cruisers showed up, in addition to construction workers, Canada Post staff and neighbours.