Judge receives Schiavo Lawsuit

The Miami Herald ^ | 3/21/2005 | Phil Long

[xzins]

Judge Whittemore case:


Adult club laws must face review
A federal panel says a judge was too quick to dismiss two clubs' challenge of Manatee County's restrictions.
By Associated Press
© St. Petersburg Times
published July 17, 2003

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BRADENTON - A federal judge must reconsider a decision upholding two Manatee County ordinances that placed restrictions on adult nightclubs, a federal appeals panel ruled.

The decision by a three-member panel of the 11th U.S. Circuit Court of Appeals revives a challenge the Peek-A-Boo Lounge and Temptations II made to ordinances passed in 1998 and 1999.

The first ordinance prohibited private rooms in adult clubs, required lobbies in adult nightclubs, set minimum levels of lighting and allowed deputies to search clubs without warrants.

The second outlawed nudity in public places and prohibited erotic dancers from wearing G-strings and thongs in public, except during "bona fide" performances.

The nightclubs challenged the ordinances in U.S. District Court, claiming they violated the Fourth Amendment's prohibition on warrantless searches and the 14th Amendment's guarantee of equal protection.

Manatee County asked U.S. District Judge James Whittemore to dismiss the lawsuit by summary judgment in January 2001, arguing that adult clubs caused negative secondary effects such as crime and lower property values.

But the adult clubs hired a real estate agent and a researcher to write a market report, using county data, that the clubs said showed no adverse effects from their operations.

"For each and every issue of concern, we showed that the business had no adverse influence," Luke Lirot, an attorney for the adult clubs, said Wednesday.

But the judge sided with the county.

The appellate panel said the judge failed to give the adult clubs' report due consideration.

"We are reluctant to rule without further argument from the parties and findings by the district court," the appellate panel wrote.

The county can appeal the order to the full appellate court or the U.S. Supreme Court or move forward with a trial in district court.

Tedd Williams, Manatee County attorney, said he still had to read the opinion before responding.

[ConservativeMan55]

What about a catscan?

[cajungirl]

well, seeing as how it is surgery with anesthesia, i can see a reason but there is no reason why she cannot have IV fluids and they can use hyperalimentation via IV to get nutrition into her. That is so non invasive there is not a reason to delay.

Someone needs to be giving the judge some medical options short of the feeding tube. To get stuck on the feeding tube is a mistake.

[Tree of Liberty]

Sorry, that was just agreeing to the Senate bill. Here's the actual text

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For the relief of the parents of Theresa Marie Schiavo. (Considered and Passed by Senate)

S 686 CPS

109th CONGRESS

1st Session

S. 686

For the relief of the parents of Theresa Marie Schiavo .

IN THE SENATE OF THE UNITED STATES

March 20, 2005

Mr. FRIST (for himself, Mr. MARTINEZ, and Mr. SANTORUM) introduced the following bill; which was read twice, considered, read the third time, and passed

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AN ACT

For the relief of the parents of Theresa Marie Schiavo .

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO .

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo , or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this act shall be construed to confer additional jurisdiction on any court to consider any claim related--

(1) to assisting suicide,

(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of the Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

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[sarasota]

I don't understand the implication of the "Circuit in Atlanta". Can you elaborate please?

[DBeers]

Perhaps they want her to die to MAKE it meaningful???

MARTYRDOM is do dramatic.

Many trolls get zotted daily -they are always irrelevant.

Do you think they see themselves as martyrs even though they support a corrupt liberal agenda?

[Zechariah_8_13]

I'm not a doctor, so I can't say. I've heard mention of PET scans and other tests.

[Tree of Liberty]

As I've read, a CAT scan doesn't have the resolution necessary for a proper diagnosis on vegitation. An MRI or PET would be the best tools to use. I hadn't heard about any metal in her head.

[PistolPaknMama]

He could have ordered the reinsertion of the feeding tube the moment he got the filing,

I don't think he could do that until he reviews the case, decides it has merit and proceeds. Right now he can either proceed or throw it out. It should not take that long to review the pleadings that were filed and call the lawyers back to chambers. Let's hope that happens this morning.

[xzins]

Judge Whittemore Case:

HIV-positive Man Gets 15 Years in Prison for Sex with Teen

An HIV-positive New York man received a 15-year prison sentence for having sex with a 15-year-old girl he met on the Internet. Jose Blas, 48, met the girl from Largo, Florida in a chat room last year. He initially told her he was 18 and later showered her with gifts and love notes. He flew down from Forest Hills, New York, last December and spent the day with her at a Pinellas Park hotel. He never told her he was infected with HIV.

Blas and his lawyers said Monday that Blas used condoms, but the girl faces periodic testing to determine whether she was infected. She recently suffered head injuries in an accident and has been in a coma.

Blas was arrested in April. Investigators discovered computer evidence that showed him courting a second teenager, this one in Jacksonville, for a similar rendezvous.

Blas pleaded guilty to two counts of using a computer to pursue minors for sex and one count for traveling to Florida to have sex with a minor. U.S. District Judge James Whittemore granted a prosecution request to exceed normal sentencing guidelines for the first-time offender.

Assistant U.S. Attorney Colleen Murphy-Davis argued that the health risks Blas introduced warranted a higher sentence. “He had sex with her despite the fact that he had a potentially deadly disease,” Murphy-Davis said.

[Associated Press, 12/17/02]

[Tree of Liberty]

Atlanta is the home of the 11th Circuit Court of Appeals. If any ruleing by this new judge gets appealed, it goes straight to either a 3 judge pannel, or en banc.

[BizzeeMom]

I pray it all works in time for Terri's sake. If it doesn't, she will be a martyr poster child for political campaigns for years to come and the Libs will rue the day she dies....


****

Amen.

[who knows what evil?]

...if the judge denies Terri food and water, the Republicans will be able to say "we tried our best". That really disturbs me.

[Mo1]

But what is the point if when they finnnnaaallly get around to making a decision she's DEAD?

I understand your point ... but Congress did what they could without over stepping their bounds

It's now up to the Fed Judge is speed up the time for hearing Terry's case

[nmh]

I'd bet that they believe what ever they outside of nothing is prolonging her life - which under the circumstance might be true. She doesn't have a terminal disease - just brain damaged. Starvation is their vehicle of death.

I am appalled that 3:00 is the time set for an answer of some sort.

[ContraryMary]

Thanks!

[shield]

I'm concerned about this Federal Judge...he's a clintoon appointee...why has he not had the feeding tube reinserted? A hearing at 3PM without reinserting the feeding tube!!! This doesn't look good for Terri.

[ex-Texan]

You may participate in an on-line poll on this site. The poll has just been put up. It records your vote so that you cannot vote more than once.

More Terry Schiavo Reports Here

[nmh]

"I hadn't heard about any metal in her head."

Her lovely husband did some highly experimental shock treatment and surgery on her.

There's a reason why he said to a nurse something like why doesn't the bwitch die?

He's tried to kill her in many ways.

[Tree of Liberty]

the Republicans will be able to say "we tried our best".

I don't think they'd be able to claim that, given that they could have acted much sooner. By getting in the ring when they did, both the legislative and executive are now obligated to do EVERYthing in their powers to see that Terri lives. Anything less and there will be hell to pay.