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.”
Hwll would have long frozen over before I would sign for an easement for her if I were one of the property owners.
I'm coming for an NRA shooting competition. Two, in fact.
We've already got a female Kerry, and 'Ick' pretty much sums up my opinion, too.
I'll be in the same place the 22nd through the 25th. Hope it cools down before I get there. Have a couple of longnecks for me on the Riverwalk.
As Texans, we don't have to fight her..just put her on ignore. Sheehan is a piece of work for sure, a betrayer of her son, a Brave Soldier and a betrayer of her Country.
General Patton was proud of Men like Casey, too bad his mother isn't. Thats what I dislike about her most of all!
Patton Addressing his Troops . .excerpt from, Operation Overlord
(may be some off-color language..but heck, its Patton!)
. . ."Men, this stuff that some sources sling around about America wanting out of this war, not wanting to fight, is a crock of bullshit. Americans love to fight, traditionally. All real Americans love the sting and clash of battle.
You are here today for three reasons. First, because you are here to defend your homes and your loved ones. Second, you are here for your own self respect, because you would not want to be anywhere else. Third, you are here because you are real men and all real men like to fight. . ."
< snip > " . . .Each man must not think only of himself, but also of his buddy fighting beside him. We don't want yellow cowards in this Army. They should be killed off like rats. If not, they will go home after this war and breed more cowards. The brave men will breed more brave men. Kill off the Goddamned cowards and we will have a nation of brave men . . ."
Sorry about the formatting..no time to fix at the moment!
Where's that?
Never been to Texas before.
Downtown San Antonio, can't miss it. Ask a Texan and they will direct you there. It is beautiful! Great bars, shopping, THE ALAMO! Where is this NRA event being held?
Easiest solution is to walk up to her and smack her in the teeth. Then claim that it was emotional distress which caused the breakdown.
I am sick of these clowns.
Don't you just love freedom of speech? Don't you wish it applied to more than just the freaks?
I'm new to San Antonio. Great city. Texas beats the snot out of New Jersey.
Every time the Sheehan crowd show up , every farmer in the county should choose that time to spread their fields with fresh manure
Yeah ain't that the truth! Problem is, you will never want to leave. I've been a temporary Virginia resident for 22 years so far, but I'm going home soon. They drive faster, have better food, nicer people, no state income tax, wider roads, cleaner air, and REAL MEN! None of that pansey crap they grow up north. Make sure you read the "No Trespassing" signs, they mean it. Don't run over armadillos, watch out for rattlesnakes, scorpions and illegals with knives. Have a great time!
Headline oughta be "Sheehan Broiles in Controversy"
Just came from SA. My MIL lives in a nice quiet untouched neighborhood in the southside.
Texas is awesome!
A lifelong Democrat, Broiles is a Lone Star Liberal -- capital L and proud of it.
He attends seminar cruises sponsored by The Nation, a weekly opinion magazine, the self-described flagship publication of the political left.
He is welcome at the Peace House in Crawford.
Among his treasured mementos is a small wooden bird that a Vietnam War draft resister, a former client, carved while in jail.
Broiles joined the ACLU in 1960. That was before he earned a master's degree in philosophy at Southern Methodist University and his doctorate in philosophy at Ohio State; before he burned a Confederate battle flag in his classroom at the University of Georgia; before he left that institution -- to the administration's relief -- and went to Yale Law School.
Broiles devotes much of his time to legal work for the ACLU of Texas and is a
state board member of the ACLU of Texas.
It bothers me that my President's motorcade has to drive by a makeshift tent city where one or more IEDs could be hidden just so some maggot infested scum can exert their first amendment rights. I sure as he!! won't defend to the death their "right" to do that.
Ping!
They wouldn't be that stupid. Texans take care of their own. I'm glad I don't live in Crawford, Cindy would getting a welcome basket with dried BS (aka: cowpies) in the shape of chocolate cookies.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.