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.
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.
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!
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.
I pray their motion to dismiss is denied and we can get a start to some good news in Brevard!
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.
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.