"ImmoralMinority" (araimondo)
06/09/2020 at 11:35 • Filed to: None
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"ImmoralMinority" (araimondo)
06/09/2020 at 11:35 • Filed to: None | 10
| 17 |
I have been representing a couple of business owners locally pro bono who were cited for being “non-essential” but open. The first one just concluded with, “FINE! Have it your way, we’ll make it a warning if you don’t make us deal with this.” That is a victory. The citation had a number of procedural and sunstantive defects. It was based on an executive order (our first local shelter-in-place) that had expired, and not the replacement order that was actually effective at the time. It was also not properly served (fucking due process of law grumble grumble). And our local authorities proclaimed loudly that a first violation would be a warning not a fine and this was a first violation. What they claimed was a warning was a poster they stuck on my client’s door at a time BEFORE he had opened and was in compliance. This is like a cop pulling you over and telling you that you were driving the speed limit, but he was warning you not to speed. Code enforcement in this town is a bunch of fascist cunts.
The second one I am fighting is a gym owner who was not open when cited. He and a few friends went to the gym to work out when it was closed. The door was locked. It was a small group. No one paid for the workout.
Both of these business owners spoke put against the lockdown and forced closure- loudly and publicly. Both spoke at a city hall rally asking to open. The first guy (who is Latino for those of you who want to scream about white nationalist protests) got cited the day after he spoke on stage at a protest here. A protest that, like everything here, was at least half Latino. And no one was carrying rifles by the way. This is not Michigan. The second guy also spoke at the protest. Code enforcement has been periodically staking out both businesses. Just in case you are wondering, we have some blight problems in Fresno that code enforcement might be better off focusing on, but hey, that’s just me.
I have been talking with a lot of business owners here and there seems to be a pattern of targeting business owners who speak out. Since the right to protest seems to be on people’s minds, it is a good reminder that such rights don’t just cover protests that you like. I’d love to figure out how to bring a class action against the city, but I don’t know how to make damages out of it. From what I can see, they are backing off on the fines when people push back, so there may not be much there. One more example of why I hate government and why I do what I do
A strange aside: An official from code enforcement called me when we filed the appeal. She knew me. 20 years ago, when I was a public defender, she was a certified law student intern (this means they can appear in court) with the DA. A lazy DA let her do a jury trial against me in a solicitation of prostitution case (cop posing as a hooker). My guy was guilty as hell. But he walked with a not guilty verdict because she forgot to introduce a key piece of evidence. It was fun to remember and remind her of it. It was a fun closing to the jury “THEY DIDN’T SHOW YOU BECAUSE THEY DON’T HAVE IT BECAUSE THIS MAN IS NOT GUILTY!”
This is a weird career.
facw
> ImmoralMinority
06/09/2020 at 11:42 |
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I’ve got no problem with it. I think the lockdowns were a good idea, and probably should have continued until we were ready to test extensively, but that doesn’t mean people shouldn’t be able to try to fight citations, especially if they were done improperly.
TheRealBicycleBuck
> ImmoralMinority
06/09/2020 at 11:49 |
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A video popped up in my YouTube recommendations the other day and it reminded me of you. It was a lawyer reviewing My Cousin Vinney . He had some interesting things to say about direct and cross examinations and how they were portrayed in the movie. You might enjoy it. Look Up LegalEagle and the movie.
Due process is important. Unfortunately, many of the code enforcement wonks and many police officers don’t understand it well and end up screwing themselves when faced with someone who does understand it. Too often people just roll over when they receive a citation.
Future next gen S2000 owner
> ImmoralMinority
06/09/2020 at 11:50 |
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You might be surprised.
DipodomysDeserti
> ImmoralMinority
06/09/2020 at 11:51 |
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Sweet. At least these guys weren’t arrested . Can’t wait to see the lawsuits roll in resulting from our curfew arrests. Watching the fairweather constitutionalists waiver back and forth over the last few months has been entertaining. Due process amd firat amendment rights for all, even if there’s a risk of disease or bad actors. For better or for worse, have to have some chutzpah if you want to be American.
haveacarortwoorthree2
> ImmoralMinority
06/09/2020 at 11:55 |
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DISEEEEEEEEEEEEEEEEEAAAAAAAAAAAAAAAAAASSSSSSSSSSSSSSSEEEEEEEE!
Oops. I meant FREEEEEEEEEEEEEEEDDDDDDDDDDDDDOOOOOOOOMMMMMMM!
Mercedes Streeter
> ImmoralMinority
06/09/2020 at 12:00 |
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It may be unpopular but I think you did the right thing. People shouldn’t be fined for just chilling out in their own building and the government should be held to their word. Citing people who spoke at a rally is all kinds of insane as well.
This whole thing is madness and it certainly sounds like you helped some folks through! :)
Highlander-Datsuns are Forever
> ImmoralMinority
06/09/2020 at 12:01 |
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I’m happy you got these guys off the hook. Nothing infuriates me more than government over reach when it’s clearly not warranted.
Arrivederci
> ImmoralMinority
06/09/2020 at 12:09 |
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I disagree with you on a lot, but am with you on this - the cops shouldn’t be aggressively pursuing folks that actively speak out any more than they do for those who remain silent. That’s not a good look.
My bird IS the word
> ImmoralMinority
06/09/2020 at 12:19 |
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It would be a lot harder to hate the lockdowns if they would have been handled properly in the slightest.
ClassicDatsunDebate
> ImmoralMinority
06/09/2020 at 12:31 |
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Regardless of whether you believe a person is acting against the law, there is still due process. I guess people believe that, because you are acting as an advocate for your clients right to due process, you somehow are championing their cause. They are two separate issues. Does a public defender need to condone murder to represent a murderer? Of course not.
NYankee1927
> ImmoralMinority
06/09/2020 at 12:40 |
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The world needs more people like you willing to go fight for the under-represented , especially pro-bono and especially when they are being targeted.
fintail
> DipodomysDeserti
06/09/2020 at 12:52 |
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The legal action from law enforcement idiocy over the past few weeks is going to be yuuuge.
Sadly, taxpayers will be on the hook , and in the end there will likely be no accountability for the brave warrior class.
RallyWrench
> DipodomysDeserti
06/09/2020 at 12:56 |
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S omething positive out of LA this morning on that front:
Fuck the LAPD with a rusty Crown Vic.
Dr. Zoidberg - RIP Oppo
> haveacarortwoorthree2
06/09/2020 at 13:21 |
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Always makes me laugh
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DipodomysDeserti
> RallyWrench
06/09/2020 at 14:04 |
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Same here. Phoenix PD started arresting people standing in their front yards, who weren’t even apart of the protests. Judges have basically ruled that these curfews are bs.
Nick Has an Exocet
> ImmoralMinority
06/09/2020 at 18:26 |
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Good work. Solid post. 10/10. Make oppo great again.
Carbon Fiber Sasquatch
> ImmoralMinority
06/09/2020 at 20:29 |
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Even if one disagrees with whether or not a business should open up, you’re doing the right thing by stopping the retaliatory police actions. The bogus first citation portion is such an overstep of authority, it’s disgusting.
I worry about a second wave of the virus myself but apparently we’ll have to wait and see it happen before we react.