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To: RoosterRedux

“His integrity and reputation are on the line”

LOL. He is a lawyer.


24 posted on 02/04/2024 5:49:53 AM PST by alternatives?
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To: All

Willis and Wade need to be charged as “Public Nuisances.”

Courts look broadly to evaluate whether an action by a party constitutes a nuisance, including whether the action unreasonably interferes with the morals, health, safety, and comfort of the affected parties (in this case taxpayers).

A public nuisance created in a public place or on public land,by public officials, affecting morals, safety, or health, and is considered an offense against the state. For example, operating a house of prostitution is a public nuisance.

Most public nuisances must be brought by government officials (elected officials) on behalf of the public.

Private citizens can bring a class action to enjoin the nuisance in some cases. A private individual can also bring a case on their own, but they must suffer a greater or different nuisance than the rest of the public.

REFERENCE-——nuisances.usalegal.gov

A public nuisance is a crime against the order and the economy of a state. The following is an example of a state statute explaining places and persons constituting the offense of public nuisance, for which a criminal prosecution can be initiated.

1. Every place: wherein any fighting between people or animals or birds shall be conducted; or
wherein any intoxicating liquors are kept for unlawful use, sale or distribution; where vagrants resort;

2. Every act unlawfully done and every omission to perform a duty, which act or omission that: annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; offend public decency; unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render an area dangerous for passage, or in any way render a considerable number of persons insecure in life or the use of property.

3. Acts of public indecency, such as lewdness, exhibiting obscene pictures, being naked in a public place, prostitution, publication of an indecent book, all are indictable and punishable at common law because they outrage public decency and are injurious.

All common and public nuisances, which aggrieve, annoy, or impair the common good and the rights of the community must be punished criminally by indictment.

Counties, municipalities, and other governing bodies in the prosecution of governmental functions are liable for damages resulting from the operation and maintenance of nuisances.

In an action for a public nuisance, any evidence that tends to prove the defendant’s guilt of the offense charged is admissible. One need not have a criminal intent to make her/him guilty of committing a nuisance.

In an attempt to escape liability, a defendant can argue that a particular legislation authorizes his/her activity. However, but legislative authority will not excuse a defendant from liability when the conduct is unreasonable.

A defendant cannot escape liability by arguing that others also contributed to the harm.

When a state does not prescribe punishment for a particular nuisance, the punishment is the one prescribed by statute for common-law offenses. Additionally, a person convicted for maintaining a nuisance of a continuing character is generally ordered to abate the nuisance together with a fine and imprisonment.


25 posted on 02/04/2024 6:08:38 AM PST by Liz (Matthew 11.28-30: Come to me, all you who are weary and heavy laden, and I will give you strength.)
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