Brevard County Files Motion To Dismiss in Proximity Ordinance Lawsuit
Yesterday evening, Brevard County filed it’s Motion to Dismiss the Complaint and Response in Opposition of the Restraining Order. I’ve attached a copy of the MTD for your reading pleasure, the Response in Opposition is essentially the same. We spoke with attorneys for the plaintiffs earlier in the day and they were expecting the County to file a Motion to Dismiss, as that is almost standard practice when it comes to these types of cases.
Reading through it, their Motion is pretty ridiculous. Please feel free to share your thoughts.
Is this in regards to the expost facto challenge FAC currently has going? Is there anyway we can get a breakdown of what exactly the judge on that one is allowing to move forward? I appreciate everything FAC does.
So, looking at their arguments, some of those same sentences can in fact be argued about when it comes to such ordinances in the first place. That they cannot predict future events leading to any harm, damage or suffering at the person or person’s on the registry. It’s very easy to see how prevention of registered folks from attending these events, have had, and will have to future harm though. Even a blind man can see thru this bull crap, but it’s another thing for the court to agree to it. This is why I have stated that it will eventually require more than a few cases, for the country to finally make big changes to these laws.
I am just wondering, because I am no lawyer, if this does get turned over based on this lawyers remarks. Could his own words or ruling by the court be used to overthrow the registry because of theoretical injustices or harms that might be done, but havent…..I know I worded that wrong, but you get my drift, my brain has shut off for the day
Itty
Don’t feel bad, my brain shut down the day I was told I was being put on an offender registry. My crime was pre-registry but Honey badger just don’t care.
I pray their motion to dismiss is denied and we can get a start to some good news in Brevard!
Plaintiffs must first attempt to attend the meeting and get arrested, if they want to have standing, you see.
I mean, you’re HYPOTHETICALLY not permitted to attend the meeting, but until you TRY to attend and ‘see what happens,’ who really knows??? Amirite?
This is TikToker levels of stupidity. If you have a loaded gun and you put it to your temple and squeeze the trigger, hypothetically you’ll die. But, you must put the gun to your head and pull the trigger to confirm it yourself. These courts are TikToker levels of stupid.
Let’s hope the defendants and counsel don’t have any loaded guns laying around their homes, lest they end up testing this and hypothetically confront reality.
Of course the county seeks to dismiss on procedural grounds only. Can you imagine if they had to defend this ordinance on the merits? If court doesn’t dismiss, county is screwed!
This is a typical bureaucratic political BS response. As a tax paying citizen, I should not have to have a specific reason to attend a county commissioner meeting. Whoever wrote this response is totally blind and numb to Constitutional rights. I hope that the county did not pay taxpayer funds for this sleazy legal response.
Anyone who is a homeowner, pays taxes, IE: property tax, gas tax, sales tax etc, in a county, city or state should be able to attend a meeting to discuss, debate etc. unless they otherwise have been banned for a legitimate reason such as making a threat to an official. And even then, a hearing in how long they are banned based on the violation.
For example, speaking past your allotted time after warning could get you banned from speaking for say 90 days. However something like making a statement “I will come back and blow this entire place up” could get you banned for life.
Based on that, just being on the registry and being banned, where do we live? Iran, Russia, China? The government has no problem taking our money for taxes, fines, fees, assessments etc. but then gets to ban certain people who have an unrelated past? Are ex murderers banned from the meetings?
I am hoping the judge will at the very least, let the suit proceed and allow the lawyers to argue their case. It is not as simple as I stubbed my toe on the neighbor’s tree while walking past while reading a book and not paying attention.
Those who have build the monstrosity of the registry and have allowed its invasive and punishing rule to divide and erode the good will in our communities will one day have to face their flawed legacy, if they fail to recognize their error.
I think of the example of judge Leon M. Bazile (1890–1967), who unsuccessfully tried to keep interracial marriage illegal in the state of Virginia in Loving v. Virginia. He cemented his hateful and racist attitude with an unjust ruling for which he will be forever remembered. In an interesting turn, he fell ill shortly after that decision and died before seeing his ruling overturned by the Supreme Court of the United States.
The defendant’s arguments in Brevard are laced with the same twisted logic. Is there any judge in Florida with the integrity to make a just ruling on our cause?
Brevard County’s argument boils down to, unless one of these people attempts to go to a meeting and gets arrested for it, they have no standing to bring this case to court. Wanting to attend in the past or the future is not sufficient.
At one point they state, “… the plaintiff must show a sufficient likelihood that the plaintiff will be affected by the allegedly unlawful conduct in the future”. Isn’t a law on the books a pretty strong likelihood that the plaintiff will be affected when they are arrested?
The US Justice system seems to get worse and worse every day. It no longer even concerns itself with what is JUST.
That was largely the same reasoning that more or less got ACSOL’s first IML complaint tossed out.
And who wants to take that chance?
It may come to someone getting arrested. This tactic is just a play from their old racist playbook during the civil rights era.
If you watch the movie “Loving”, you’ll see what I’m talking about.
That motion looks reads like it was written by an illiterate jailhouse lawyer
Is the government scared that registrants will oppose their ridiculous ordinances and they will be confronted with their nonsense, so they make it impossible to participate in government. It’s like they are daring them to participate and get arrested in order to proceed with the lawsuit. Please tell me this dismissal is satire.
They are trying to erase us from society. The less they see and hear us, the less they have to ignore their conscience telling them how wrong it is to mistreat us.
If it was a lawyer who wrote the rebuttal and that lawyer went to law school, and I were he/she, I would be asking to get my money back. The response totally avoids the principle of any tax paying citizen having the right to attend any meeting of government reps, whether that citizen wants to comment or not…even if attendance is just to listen to the governmental hearing. Violation of rights as a citizen is justification itself for relief. What Constitution is the responding lawyer following?
Us paying property tax and not being able to attend the meetings, is the same scenario as our tax dollars to pay for schools, parks and playgrounds we cannot be around.
I mean if we were being a creeper just hanging in a park it is one thing, but I cannot even take my grandkids to school or pick them up, take them to a park, or teach them to rob banks (Threw that one in there to see if anyone actually reads my posts LOL) My grandson says that was funny :)~
CherokeeJack
So you teach your grandson to play rob the register and a bank on Sundays while the pot roast is cooking? I’d swipe a taste while nobody is looking, who’s going to miss a carrot.
It’s good that we can joke about the BS that politicians put on people. These politicians actually think they are doing society a favor when actually all they are doing is ripping the taxpayer off with the salary they collect. I guess we need to do something to keep some of these useless politicians off the welfare rolls.
And now Volusia county is setting forth a new rule stating anyone locked up in their jail has to pay $5 a day for stays and a $20 booking fee.
https://www.yahoo.com/now/volusia-county-consider-daily-subsistence-103016383.html
source: Yahoo news and ABC news
Jail has always been a hotel/motel hell costing taxpayers and not inmates except for their time. Your debt forgiven after 3 years, while forgiving registrants is untouchable. Maybe these politicians should go back to kinder care and learn to stay in the lines by not coloring all over.
Brandon
And maybe Satan will repent and asked God to forgive him?
All the “What if’s” are things dreams are made of.
You know the old saying “Hell must have frozen over” when someone apologizes for something many years later?
Well many of us have proven with decades of no offenses that we made mistakes that we learned from. The other side has 2 rebuttals for that. #1 You just haven’t been caught again yet. OR #2 That is because the registry suppression is working, keeping you in check so why should we end it?
They will charge you for a stay in the ‘cross-bar hotel’ and then if you can’t pay, they will rearrest you for non-payment. Can you imagine having to pay for a stay in the gulag?!
Wow. Now I know what those special Cracker Jack boxes had in them back in the 90’s… Law Degrees. This guy….
CK
Wow, I collected just about every cracker jack prize there ever was. I guess I missed the coveted “law degree” prize. LOL
I knew there was something missing in my collection but just couldn’t put my finger on it. It must have been in the “limited Edition” boxes that I missed out on.
This Is a MAJOR CONSTITUTIONAL ISSUE….
It is a First Amendment Issue…The Right To Assemble
Everyone Must See The Movie, RBG, One of The Greatest Jurists in The World…..Remember, She Used MEN, as the Plaintiff’s, To Demonstrate How Civil Rights Have Been Destroyed!
Yes, She Used Men as the Plaintiffs!
I met Her Twice and Cooked For Her! Her Husband Was a Fabulous Cook!
She Was Beyond Intelligent…She was Brilliant!