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.”
New Braunfels.
Is that far from SA?
Approximately 35 miles south of New Braunfels on I-35. Of course if you really want to see some wacko libs, visit Austin. Great party town, wierd people. Last time I was there with my husband we saw a street show of two lesbos going at eachother. Of course that's not my idea of fun, but my goodness these woman were encircled by a bunch of picture taking men cheering them on. Make sure you buy a "Don't Mess With Texas" bumper sticker and drink some Lone Star beer. Have a great time.
Makes no difference to Cindy that people here have such strong negative opinions about her presence that they tried to craft county ordinances to discourage her presence. In the most obnoxious way possible she bought land to circumvent the wishes of the people of Crawford and McLennan County. You'd think she could feel their collective disgust, wouldn't you? This is the most self centered, stupid woman on the planet.
I'll be with my son and 2 other disabled veterans(members of the shooting team).
I'm hoping to get to see as much as possible, and I'll make it a point to have some Lone Star beer....after I'm done shooting!
Go see the Alamo, it's a humbling experience. When men were men and we killed the enemy instead of finding out their feelings.
Also, for a very early Texas beer that is still brewed and popular here, Shiner and Shiner Bock are beloved by many.
This claim contradicts her and CodePink's own statements, which have announced that they had a "breakthrough" and were going to break their fast when they meet with Iraqi representatives for "peace talks" in Jordan.
How many Texans on this site?
We'll all have to suck it up when the reality hits home: Sheehan the Shehag has a lock on a paid position with women's exhibition mud wrestling, no matter what we do.
Is this, once again, another easily explainable metaphor that has not yet filtered it's way to my area?
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