"We will pass whatever law we want to. If you don't like it, you can hire a lawyer to argue it with our full time legal staff. If you win, we will appeal and you can keep paying your lawyer. In the unlikely event that you get on the supreme court docket several years down the road and get a nominally favorable decision, it will be so narrowly drawn and so weasel worded as to have no effect on our restrictions."
Code Name: JET STREAM
Actually PA courts will strike down violations of the state pre-emption law. However, before doing so, they will be very strict in their requirement that the named plaintiff actually be harmed by the law. Those portions that are simply redundant with existing state law will be upheld.Originally Posted by Jim Watson
If someone is arrested for violation of this law, upon getting an acquittal and succeeding with a challenge, it would appear that they would have a good claim for violation of civil rights. Arresting and charging someone for violating an ordinance that was passed despite full knowledge that the ordinance is illegal would seem to present a good case. If I practiced in that area of law, I would take that case on a contingency fee.
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Taking your example one step further, a better outcome would be for those who arrested and charged the party knowing the statute was illegal be charged criminally for violation of civil rights to include the mayor and city council members who voted on it. Unlikely, but it would be just.
This is what you get when the Constitution and the rule of law are considered afterthoughts. I've been seeing way too much of this on both sides of the aisle. It needs to be brought to a full stop.
There's nothing civil about this war.
What color unicorn do you want for Christmas, cause you have a better chance at that than say rational thinking by a bunch of retards.
You can say that again...
Rainbow please!
(Oh, who'm I kidding? Navy or black.)
Last edited by blues; 12-15-2018 at 08:07 PM.
There's nothing civil about this war.
More likely: PGH is betting that preemption will be repealed. If that happens, then they have an ordinance in place. Until that happens, the ordinance won't be enforced, because it can't be enforced.
If we have to march off into the next world, let us walk there on the bodies of our enemies.
Likely correct, but not a good bet. Conservatives have a pretty safe majority in the state legislature given the makeup of this state. Liberals do better in statewide elections due to the population of Philadelphia and likely due to the ease of manipulating results with voting machines that don’t generate a paper record.
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Any legal information I may post is general information, and is not legal advice. Such information may or may not apply to your specific situation. I am not your attorney unless an attorney-client relationship is separately and privately established.
Just don’t pair brown horseshoes with that.
”But in the end all of these ideas just manufacture new criminals when the problem isn't a lack of criminals.” -JRB
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