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Lawyers say Gould ordinances violate Constitution (AR town forbids citizens meeting
Fox16.com ^ | 7/15/2011 | Kathryn Johnson

Posted on 07/21/2011 2:13:04 PM PDT by worst-case scenario

GOULD, AR - "I couldn't believe that it was real when I first read it," said UALR School of Law Dean John DiPippa.

Disbelief is a common reaction to Gould's latest city ordinances.

"The truth is the city of Gould doesn't have the authority to tell anyone that they have no right to petition them, no right to speak and no right to exist in their city," said DiPippa.

But that's just what the ordinances do - disbanding a citizens group, forbidding the Mayor from meeting with people and stopping any groups from forming if members discuss the city without council approval.

"The fact is, if it's aimed at this group, it also extends to you talking to your mother or a church group or any other group that wants to form. A garden club! It's so broad that it can't possible comply with the First Amendment," said DiPippa.

"The fact is, if it's aimed at this group, it also extends to you talking to your mother or a church group or any other group that wants to form. A garden club! It's so broad that it can't possible comply with the First Amendment," said DiPippa.

"Pretty clearly, they go way beyond what is necessary or what is lawful," said Council Mark Hayes with the Arkansas Municipal League.

That's even what Gould's city attorney told the council. In return, members tried to fire him.

"That's why you have a higher court," said council member Sonja Farley. "To keep order when people can't keep order. That's why you have a council!"

"With this city council, it's their way or the highway," said Gould Mayor Earnest Nash. "They act more like Napolean Bonaparte. Total domination."

(Excerpt) Read more at fox16.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Arkansas
KEYWORDS: 1stamendment; constitution; freespeech; gould; gouldar; govtabuse; liberalfascism; tyranny; unconstitutional
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I can't believe the town council would actually pass a ordinance so obviously unconstitutional. They should all be immediately recalled, since they are going to cost the town a fortune in legal fees.

What's *really* interesting is that their political party affiliation isn't even listed. I wonder what it might be ...hmmmmm?

1 posted on 07/21/2011 2:13:11 PM PDT by worst-case scenario
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To: worst-case scenario

I smell a smack down coming and the unemployment line getting a little bit bigger.


2 posted on 07/21/2011 2:17:09 PM PDT by RC2
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To: worst-case scenario

People like that used to get tarred and feathered. Or at least flaming paper bags of dog poop appeared on their doorsteps.


3 posted on 07/21/2011 2:20:12 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: worst-case scenario

Stating the obvious:
1. They have to be Democrats.
2. They are probably paying themselves Bell, CA, level salaries.


4 posted on 07/21/2011 2:21:53 PM PDT by JusPasenThru (HEY UNION MEMBER: INVEST IN YOUR OWN DAMN INFRASTRUCTURE FOR A CHANGE!)
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To: worst-case scenario
Sonja Farley, who I assume is a distinguished grade-school law graduate:>/p>


5 posted on 07/21/2011 2:34:47 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: JusPasenThru

It’s in the Arkansas Delta; ‘nuff said.


6 posted on 07/21/2011 2:37:13 PM PDT by flying Elvis ("In...War, the errors which proceed from a spirit of benevolence are the worst" Clausewitz.)
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To: worst-case scenario

What’s *really* interesting is that their political party affiliation isn’t even listed. I wonder what it might be ...hmmmmm?


In many small towns there is no formal affiliation to a party when running for city council.

To paraphrase President Nixon;
“It’s not against the law if the city council says it’s not.”


7 posted on 07/21/2011 2:53:08 PM PDT by maine yankee (I got my Governor at 'Marden's')
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To: JusPasenThru

I’ve looked all over and haven’t been able to find party affiliation for these guys *anywhere*. It reminds me of what’s happening in Quartzsite, AZ.


8 posted on 07/21/2011 3:07:55 PM PDT by worst-case scenario (Striving to reach the light)
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To: worst-case scenario

They probably run the municipal elections as “non-partisian” but are all RAT otherwise. Real dumb ones too.


9 posted on 07/21/2011 3:20:39 PM PDT by arrogantsob (Why do They hate her so much?)
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To: worst-case scenario
for a minute I thought you were talking about these Gould

Come to think of it, the City Council is behaving like these Gould.

10 posted on 07/21/2011 4:08:22 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: worst-case scenario

Governments will ALWAYS act to restrict your rights. It is the nature of governments.


11 posted on 07/21/2011 4:38:35 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: worst-case scenario

Thanks for posting - I would never have seen this otherwise.

This attitude is quite typical in my experience (I am a council person in a small town).

At least Gould’s town attorney sees the free speech violation for what it is. In my little village, the town attorney is as bad as the arrogant council members.

This was manifested in a ludicrous court case that our taxpayers had to waste their money on. Our town already had an ordinance that was a similarly blatant violation of the First Amendment.

When a citizen challenged the stupid ordinance, our town attorney urged the council to show this uppity citizen who was boss.

Our sheep-like council voted to support the town atty, and we went to court to defend the idiotic UNconstitutional ordinance. Only to lose, as was entirely predictable.


12 posted on 07/21/2011 5:04:44 PM PDT by shhrubbery!
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To: worst-case scenario

Well sue somebody’s azz.


13 posted on 07/21/2011 5:18:22 PM PDT by TribalPrincess2U (I pledge allegiance to the flag of the United States of America.. VOTE out the RATS!)
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To: TribalPrincess2U

Yeah, and from the look of it; there’s PLENTY of azz there to sue.


14 posted on 07/21/2011 6:06:13 PM PDT by HKMk23 (YHVH NEVER PLAYS DEFENSE! WHICH MEANS; IF YOU'RE ON DEFENSE, YOU'RE DOING SOMETHING WRONG.)
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To: worst-case scenario

“I can’t believe the town council would actually pass a ordinance so obviously unconstitutional.”

It’s incredible. Their ordinance is common practice in many City Councils at least here in California. It’s not uncommon to find council meetings in which the public is not allowed to participate, but only to listen to the Council members bloviate, and dictate how things are going to be. I’ve seen people raise their hands to ask questions being tossed out of the Council meeting by Security at the nod of a Council Member more than once.

Same tactics were recently observed at a Water District meeting in which the attendees, the public were dictated a new billing procedure we were allegedly to have been able to participate with input. In this case security was used only to threaten several people that had questions.


15 posted on 07/21/2011 7:39:13 PM PDT by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: worst-case scenario

Surprising, but not unbelievable. Sounds like they have been hanging around with Eric “the bigot” Holder. You know, special rules for “his people”.


16 posted on 07/21/2011 7:47:50 PM PDT by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: worst-case scenario

What’s *really* interesting is that their political party affiliation isn’t even listed. I wonder what it might be
####

In lots of places municipal elections are nonpartisan.


17 posted on 07/22/2011 3:09:21 AM PDT by SUSSA
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To: rockinqsranch

Is anybody sueing? Where’s the “American Civil Liberties Union”? These are certainly *American Civil Liberties* that are being taken away!


18 posted on 07/22/2011 11:26:25 AM PDT by worst-case scenario (Striving to reach the light)
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To: shhrubbery!

On what grounds did you lose? This seems like a blatant infringement of the First Amendment right to assembly. Did you appeal?


19 posted on 07/22/2011 11:28:38 AM PDT by worst-case scenario (Striving to reach the light)
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To: shhrubbery!

Oh, sorry. When you said “you” lost, I thought you meant the people who were sueing that Council, not the Council itself. What was the Council’s reaction when the law was overturned?

And what was going on that they didn’t want the public to know?


20 posted on 07/22/2011 11:30:29 AM PDT by worst-case scenario (Striving to reach the light)
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