Legal Beagle input needed...UPDATE POST 145 - Page 8

[2pinks]

any updates?

[Theoretica]

Well hum.

We formed a neighborhood group that no one has followed up on doing anything organized with, despite my pointing out that nothing will change if we don't stay motivated and mobilized. I've tried. I get ignored. I've nudged, I get ignored. Basically it's too much work for people to stay on top of this, they've lost interest, so they hole up in their homes and pull their kids inside while this group of wingnuts holds the entire neighborhood hostage.

He's still coming by every 2-3 weeks for an hour or so, circling the same few streets 10-20 times. I've got pictures and documentation, most without his realizing it. The one time he saw me taking photos he waved and smiled, and his passenger took video of me taking pictures of them. Blech. We've been warned by area police that his brand of protesters are going to increase in intensity thanks to recent events.

Our councilman *might* be working on a law to restrict residential cruising. Found that out after he (finally) emailed back one of the neighbors. He's ignored everything from everyone else. Nothing is going to be done on the obscenity definition though, from the looks of it. I think that's too much work for them when Mr. Driver has so much legal funding to fight everything, and we're a city on a serious budget.

I've tried pointing out to these people that he hides behind first amendment legalese to protect his right to free speech, but then says he's not protesting when he's in direct violation of the picketing ordinances that disallow targeted picketing. :

Argh.

Some people.

[SunshineJ]

I don't know if this has been suggested or not, but you know, why not write President Obama about this? Be sure to include how he's abusing the 1st amendment, how laws are being disregarded and ignored, and especially how this is having such a detrimental effect on the children. Also, include the governor's office on it. Will it get attention? Who knows, but hey it can't hurt to try can it?

[Bleu]

Oh my goodness, what a clusterfVck. I'm extremely sorry to hear this is happening. Talk about enraging!

I have two possibly useful thoughts: a possible legal argument is the unconstitutionality of "partial legislation", which means you cannot create a law meant to apply to just one person, just one company, just one industry, just one obscene truck-driving whack job... you get the idea. Laws must be for everyone, for the good common good. The trick is, I'm not sure whether there's precedent for using this argument about a judicial decision versus a law created by legislators. Even if no precedent exists, it's possible that some lawyer somewhere could re-apply this angle to overturn the federal judge's decision. (And does that mean - Supreme Court? Holy cow!)

Which brings me to possibly helpful thought #2. I think you might need to look for representation via <ahem> affiliation networking, not among general local attorneys. How about contacting (again) the legal dept. of the organization associated with the opposite point of view, and ask them to help you to find a lawyer who, far from avoiding this hot-button issue, seeks it out? Lawyers have friends... It may be that purely local lawyers aren't the best answer... you might need someone who can practice in your state, but who has the protection/independence of being geographically remote. If that doesn't work, ask around among similar organizations, public interest law groups, organizations who support related goals, etc. HTH.

[Theoretica]

Ok we have a small update. The organization being targeted by the truck has set up a website to collect pledges and funds from folks every time the truck makes a round, or a graphic image is displayed in the neighborhood or at the organization. In other words, the more the truck drives by, the more money is raised to fund the organization that the truck driver can't stand.

Me Likey :

We also found out our area doesn't have an actual obscenity law, so there are folks working on drafting a petition to change that. This part will take time, but I think it's a solid option to put a stop to the imagery being forced on our homes.

Wish I could say more and give more detail, but I don't think I can without violating the UA.

Thanks for all the support, I really REALLY appreciate it! Feel free to share more ideas if you get them...it's been awesome sharing everyone's suggestions with the organization being targeted and brainstorming solutions!

[lalemma]

The organization being targeted by the truck has set up a website to collect pledges and funds from folks every time the truck makes a round, or a graphic image is displayed in the neighborhood or at the organization. In other words, the more the truck drives by, the more money is raised to fund the organization that the truck driver can't stand.

I believe I know what you're talking about, and I just have to say that I find this hilarious. Great stuff.

[txdancer]

I know that you have looked for legal representation and have had no luck, but you really need to look for a partner at a BigLaw firm. These are the guys who take cases like this, not only because they have the staffs and interns and assistants to really fight it the way it needs to be fought, but also because they aren't afraid of losing their local client base. They also have the time to do large-scale pro bono work. They ca be hard to get in touch with, but the best way to do so is to look at who has fought cases in this area in the past and start calling, and writing letters, and emailing.

[Seasons]

Originally Posted by lalemma

I believe I know what you're talking about, and I just have to say that I find this hilarious. Great stuff.

Me too! I guessed what the images and organization were, and Googled to confirm. Kewl stuff.