Posted on 09/11/2014 1:44:05 PM PDT by mikrofon
A Hamburg resident who was ordered to take down an anti-SAFE Act and anti-Governor Cuomo signs along his fence will be allowed to leave it there for at least the next 30 days after a ruling in State Supreme Court Thursday
Scott Zwierucha is accused of a village code violation for the large banner on the fence of his South Park Avenue property. Right now, the sign says "New York is not Safe - Fight Cuomo- preserve your rights.", and he was under a order from the Hamburg town court to remove the signs by tomorrow.
New York State Supreme Court Justice James Dillon on Thursday ruled the signs may stay up, delaying Hamburg Justice Andrew Flemings ruling for 30 days after hearing arguments from Zwierucha's attorney.
" There is no question that the three signs constitute political speech protected by the First Amendment," Attorney Jim Ostrowski wrote in his petition to State Supreme Court..
In February, Hamburg Justice Andrew Fleming ordered the signs removed. But Zwierucha says he has been singled out for prosecution, only after the town board majority flipped to pro-Cuomo Democrats.
In November, Zwierucha he had a similar sign that he says was also related to gun control and the SAFE act and said "Sheriff Howard- Fighting for Your Rights". Howard, during his successful re-election campaign frequently said he would not enforce the state's gun law setting limits on ammunition and types of guns. Zwierucha says after being told in November that the sign was OK, in January he was served a violation and told to take it down only after the town board majority flipped to Democrats.
"This is a first amendment issue. There are fences with commercial messages on it all over town," he says,
Members of the gun rights group SCOPE, the Shooter's Committee on Public Education, have taken up Zwierucha's cause and rallied outside the town hall before the case was heard.
How did it "take a hit" from a judge, when the judge said it could stay up? The town council tried to "hit it" but not the judge.
In February, Hamburg Justice Andrew Fleming ordered the signs removed. But Zwierucha says he has been singled out for prosecution, only after the town board majority flipped to pro-Cuomo Democrats.
Sorry for the confusion -- Justice Fleming issued the original w/o due process, now stayed ... Flemings' boss is the associate district State Attorney & hubby of Dem Lt. Governor candidate Kathy Hochul (NO conflict of interest, eh?).
Cuomo is a true moron. Fighting to take the sign down will only anger more people.
Keep at it ahole.
Come And Take Them [Down]!
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