Posted on 08/08/2006 11:26:34 AM PDT by McLynnan
A federal judge in Waco ruled Monday that McLennan County ordinances restricting parking and camping along roads to President Bush’s ranch are constitutional and do not infringe on Cindy Sheehan’s right to protest the war.
Chief U.S. District Judge Walter S. Smith’s ruling was issued late Monday, despite his orders last week for both sides to try to break their impasse over enforcement of county ordinances.
Fort Worth attorney David Broiles, who represents Sheehan’s group, said he and Mike Dixon, who represents the county, had worked out a proposal that Dixon planned to bring to the McLennan County commissioners court this morning.
Broiles said he was surprised that the judge ruled on the lawsuit before commissioners had a chance to consider amending their ordinances.
“I am, of course, disappointed in the judge’s ruling,” Broiles said. “I regret that he decided to rule before the commissioners’ hearing tomorrow. I will meet with my clients tomorrow to discuss an immediate appeal.”
Broiles said he and Dixon had worked out a proposal in which commissioners would consider a variance to their orders that would permit “some parking, porta-potties, shade tents and that sort of thing.” The extent to which those variances could be employed would have been left up to County Engineer Steve Hendrick, whom Broiles described as a “safety specialist.”
“Those were the things that were in our discussions and were to be submitted tomorrow to the commissioners,” Broiles said. “I don’t know what will happen now.”
County Judge Jim Lewis said he was not aware of Smith’s Monday ruling and had not been briefed about what Dixon will propose this morning. Dixon did not return phone messages left at his office.
Sheehan’s group filed suit in Waco’s 19th State District Court on June 30, asking that the court block the county from enforcing the ordinances and alleging that they violate the protesters’ right to free speech.
The county transferred the suit to Smith’s court and asked him to throw out the lawsuit and to declare that the ordinances were lawful and constitutional.
After listening to about two hours of testimony Thursday, Smith ordered both sides to try to reach a compromise. However, commissioners could take no action to approve such a measure without first conducting that discussion at a properly called meeting.
Sheehan recently purchased five acres in Crawford where much of this month’s war protest will reportedly be based. She has dubbed it Camp Casey III. Camp Casey I was the name given to the roadside protest site she organized last year.
In August 2005, Sheehan established Camp Casey I, named for her son who was killed in the Iraq war. As her protests grew, county residents complained that roadways were blocked, creating public safety hazards. Commissioners enacted the ordinances two months later in response to the situation.
In his 15-page ruling Monday, Smith denied efforts by Sheehan’s group to block the county from enforcing its ordinances on allegations that they were overly broad and violate their First Amendment rights to free expression.
The judge also denied the county’s request for a temporary injunction prohibiting the Sheehan group from parking, camping or erecting portable toilets in the right of way along roads around Bush’s ranch.
While Smith declared the ordinances constitutional and said they can be enforced, he denied the county’s motion after “hearing promises of plaintiffs before the court that the protests at Camp Casey I will be limited due to the new property obtained by Ms. Sheehan.”
Damn! I was hoping that if I ever got a parking ticket that I'd be able to claim 1st ammendment rights! /sarc
Soros just wasted MORE money. Moron.
Anything that's bad for Cindy is good for America.
This woman (and I use that term loosely) knows that Bush isn't running again right? I don't know why the Secret Service doesn't consider her a stalker. I just wish she would threaten his life just once so we could see her taken down and out. I think she is mental and the left is using her like a two-bit whore. But what is worse, she actually reminds me of a female Kerry. Ick!
Can anybody 'splain what that judge actually said or ordered? No wonder the wack-jobs love the courts the circles never stop spinning.
She has 5 acres. Let her use her own land.
I hope someone with land upwind builds a pig farm!
Emphasis added :)
I asked this on another thread....
Have any FReepers with knowledge of applicable law in Crawford checked out whether her intended use of the 5 acre spread meets zoning restrictions, or if there even are any?
"I hope someone upwind builds a pig farm."
Are you kidding? Her place is a pig farm! August is almost half over. Bet she doesn't get a permit for a septic tank before she needs to leave. Heard some of the neighbors were really dragging their feet on signing for her to get an easement across their property for her to get electricity!!! AND yesterday was the 24th day of triple digit temps. here. Read: Don't mess with Texas. And really don't mess with Texans. The heat has made us more ornery than usual.
I'll be traveling to San Antonio on 21 August.
Try to turn the heat down before then, please! ;^)
You know what would be funny?
If the town of Crawford "Emminent Domain'ed" her sorry ass.
"Eminent domain'ed" even!
No zoning ordinances in rural areas, just county commisioner's ordinances concerning developments. No city codes, etc. Rural developments require special septic systems and rural water coops can require upfront money for water dept. to assure adequate water. (One developer here had to pay 400,000 dollars for a storage tank. A water meter in our county cost 2500 dollars. don't know what a septic system permit costs, but understand it's a consiserable investment. Also, most of Texas has a burn ban in effect. Hope they're not cooking out. Think last time they did a lot of outdoor cooking. Good thing she's on a fast.
LOL! As a Texan, I know exactly what sheehan is going to experience in her new "neighborhood".
We don't take kindly to anti-American hags..especially the ones from la la land...
THe lady who sold the land was pretty upset when she found out who the owner really was. I've heard Sheehan plans to eventually build a cabin on the site. I don't think the acreage is in the city limits.
You must not be living right to get sent here. We have a saying----you can go to Hell or Texas. Sometimes we just say---you can go to Hell, or Houston. Or suffice it to say, one can merely just insert any city here in the name of acuracy.
You have that right. Just sorry I'm not her neighbor. Just itching for a fight about now. BTW, Patton was something else wasn't he? Too bad we don't have him now when we need him.
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