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Legal Beagle input needed...UPDATE POST 145

post #1 of 148
Thread Starter 
Ok our neighborhood *really* needs some help from a legal perspective. I'm going to be as vague as possible in order to prevent the thread from derailing into an OT debate that has no relevance to the issue at hand. We really need some productive ideas here mamas, so please don't go there. PLEASE. Here's the gist of it:

There is a large flat sided truck (the size of a 26 foot U-Haul truck) with each side of the truck displaying extremely graphic images (the content of which is entirely irrelevant). They drive through our neighborhood 20-30 times in an hour and make a point of slowing down in front of the kids (we're talking a fairly 'off the beaten path' SMALL neighborhood of four streets forming a 1/2 mile circle), every few weeks during the warmer months. This has been going on for the past several years. The images are horrific and have caused documented trauma and emotional stress to many children in the neighborhood. We have asked the driver to stop. We have done a civil disobedience protest preventing the truck from entering our neighborhood. We have formed a neighborhood group to approach city council and insist something is done to stop it. We have aired our grievances with city council. We have gotten NOWHERE.

We found out this week that a FEDERAL JUDGE has instructed the police of our town that they are not allowed, under ANY CIRCUMSTANCES, to issue a citation or in any other way ticket the driver of the truck for violating either the state picketing laws (which he violates) or the state's disturbing the peace law (which he violates). If, for any reason, the police think the driver should get a ticket, they are court ordered to have their lawyer talk to his lawyer and "come to an amicable agreement" instead of issuing a ticket.

That's like saying before they can give me a ticket for speeding, they've got to ask my lawyer permission first.

Now, again, I am not interested in DEBATING whether the intended message is legal or not (it is, he has the right to protest anything he wants, please take THAT discussion OFF MDC so I can get some real input here). What I am looking for is productive solutions to stopping this truck from displaying these images and (even better) from coming into our neighborhood.

We are meeting with the police this weekend to discuss what they can and can't do. They are also telling us not to do anything to stop the truck. They are court ordered by a federal judge not to touch this guy. They are telling us not to stage any civil disobedience to stop him.

Any other ideas?

We don't know what to do! Help!

ETA: UPDATED POST 145
post #2 of 148
My dh says to have a blanket party.

My friend says call Dateline.
post #3 of 148
does anyone know who he is? anyone tried just having a non-confrontational conversation with this man to figure out why he is targeting your neighborhood? seems really odd to me, but doesn't seem like there really is much you can do at this moment. but good luck!
post #4 of 148
OMG!! I think I knwo EXACTLY what you are talking about, because they have started doing this in my town!! I had to re-route every day last week to avoid my FOUR year old seeing these disgusting, graphic, completely-unfit-for-children's-viewing images on the way to and from school!!!!!

Ugh...I know I can't name call....can I say I HATE them? I hate them, I HATE them, I HATE THEM.
It should be so darn illegal to do what they are doing...protesting is one thing...but showing MY CHILD these digusting images infeinges on MY rights, gosh darn it.

I'm so sorry...I don't have any help, but I commiserate.
People like that make my atheist self hope,hope,hope there *IS* a hell so they can go there and rot.
post #5 of 148
Thread Starter 
Quote:
Originally Posted by madsommer View Post
does anyone know who he is? anyone tried just having a non-confrontational conversation with this man to figure out why he is targeting your neighborhood? seems really odd to me, but doesn't seem like there really is much you can do at this moment. but good luck!
Yes. We know who he is, his name, and where he lives. Well *I* know where he lives, because I'm good at figuring that stuff out He doesn't do 'non confrontational'. He also has a permit for a concealed weapon. We know why he is targeting our neighborhood, although again that's irrelevant. He stated on the news station "I want those kids to see this stuff". So he knows what he's doing and he doesn't care. There IS no reasoning with this guy. He's well funded and has his own (free) legal team with a seemingly endless capacity for harassing us.

Ugh.
post #6 of 148
Thread Starter 
Quote:
Originally Posted by Justthatgirl View Post
My dh says to have a blanket party.

My friend says call Dateline.
What's a blanket party?

And how do you call Dateline? I mean...seriously....you just look 'em up or something? LOL
post #7 of 148
Thread Starter 
Quote:
Originally Posted by bobandjess99 View Post
OMG!! I think I knwo EXACTLY what you are talking about
ITA but do me a favor and don't get caught up in that on this thread. If you want to PM me I can tell you what we ARE doing and maybe that will help you? I don't know if we can start an activism thread or anything? But don't get into specific details here, mmmkay?

Thanks for the support....really appreciate it!
post #8 of 148
Thread Starter 
Does anyone know how you make a gated community?
post #9 of 148
That's a tough one...it really sucks that the law is not on your side. Is there anyway you guys can get away with blocking the street. Like "oops, Joe's car broke down right in the middle of the street and it's going to be many hours before a tow truck can show up?" Probably won't work but hey it's worth a shot. That must be awful, I couldn't imagine what is going on in this guys head...

About dateline, I'm sure you could find them online and find a phone number that can direct you to the correct people. Also 20/20, MSNBC, etc. people would love this stuff!

pm'ed you
post #10 of 148
How on earth can a judge of any sort tell police to allow someone to break the law?
post #11 of 148
what state are you in?
post #12 of 148
Quote:
Originally Posted by Theoretica View Post
ITA but do me a favor and don't get caught up in that on this thread. If you want to PM me I can tell you what we ARE doing and maybe that will help you? I don't know if we can start an activism thread or anything? But don't get into specific details here, mmmkay?

Thanks for the support....really appreciate it!
i very specifically didn't say a peep,since your OP clearly wanted THAT to stay out of it!

Well...here, it is because they are protesting that President Obama,who they find morally reprehensible apparently, is coming to speak at a local university graduation, and they have said they will stop after May 17th when he is gone and it is over with...so I'm just stewing mad,but waiting it out......
post #13 of 148
Theoretica, How many times have you guys been in contact with the local media? Have you already exhausted all the local media outlets?

The only thing I can think of is to try to make such of big stink that the federal judge gets a lot of publicity. It would maybe put him in the hot-seat so that he would have to stand down, so to speak. I'm pretty sure that what he's doing isn't entirely legal, right?

Could your neighborhood find a lawyer who could help you all out?

What about contacting the ACLU since a federal judge in involved with this. Maybe they could point you in the right direction. Or maybe there is some sort of legal coalition you could contact?
post #14 of 148
Go talk to your city council - what do the laws say about protests in your community?

I wonder if you could contact a national organization (Planned Parenthood maybe?) to see if anyone has been successful in suing the owners of these trucks in other cities.

I'm not finding much online that would help you. What a sticky situation.
post #15 of 148
If this was taken to a federal court, what happened at the state level?

Is there any suspicion of undue influence on that man's part?
post #16 of 148
I'm thinking that the ACLU tends to go for free speech in the extreme so not likely to be of much help here, although I could be wrong.

The only thing that comes to my mind is to sue the guy for intentional infliction of emotional distress. You'd want to talk to an attorney. I'm not sure what advocacy group would be good. . . .

(Oh and I think a blanket party is where you throw a blanket over the guy so he can't identify you and you beat him up.)
post #17 of 148
If there's some sort of vote involved on this, you've got a great platform to get people to vote against his side.
post #18 of 148
Quote:
Originally Posted by crl View Post
I'm thinking that the ACLU tends to go for free speech in the extreme so not likely to be of much help here, although I could be wrong.

The only thing that comes to my mind is to sue the guy for intentional infliction of emotional distress. You'd want to talk to an attorney. I'm not sure what advocacy group would be good. . . .

(Oh and I think a blanket party is where you throw a blanket over the guy so he can't identify you and you beat him up.)

For IIED though, you'd most likely have to show that the driver's actions resulted in some medically diagnosable disorder (depending on the state). Something tells me that's a long shot.
post #19 of 148
Quote:
Originally Posted by bobandjess99 View Post
OMG!! I think I knwo EXACTLY what you are talking about, because they have started doing this in my town!! I had to re-route every day last week to avoid my FOUR year old seeing these disgusting, graphic, completely-unfit-for-children's-viewing images on the way to and from school!!!!!

Ugh...I know I can't name call....can I say I HATE them? I hate them, I HATE them, I HATE THEM.
It should be so darn illegal to do what they are doing...protesting is one thing...but showing MY CHILD these digusting images infeinges on MY rights, gosh darn it.

I'm so sorry...I don't have any help, but I commiserate.
People like that make my atheist self hope,hope,hope there *IS* a hell so they can go there and rot.
Yeah me too, the guy here parked himself at our main intersection in town and trolled the highschool. Luckily our local police didn't like what he was doing and got him to stop somehow. I still see his wife at the store all the time.
I hope you can get it to stop or become a gated community somehow.
post #20 of 148
Any chance that whatever it is includes visible genitalia or nipples? Something that violates a decency law so you don't have to get into whatever his message is--just that the image violates a specific law?
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Mothering › Mothering Discussion Forums › Natural Family Living › Activism and News › Legal Beagle input needed...UPDATE POST 145