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Judge allows discrimination against volunteer border-patrol group

Discussion in 'Legal' started by Desertdog, Feb 9, 2006.

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  1. Desertdog

    Desertdog Member

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    The MM lawyer,
    Judge upholds parade's ban on Minutemen
    Allows discrimination against volunteer border-patrol group
    http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=48737

    A judge in Southern California rejected a temporary restraining order that would allow the volunteer border-patrol group Minuteman Project to participate in Laguna Beach's Patriots' Day Parade.

    Judge Michael Brenner of Orange County Superior Court ruled the state's broad civil rights laws did not apply to the private organization running the event.

    The Minuteman Project's founder, Jim Gilchrist – who ran unsuccessfully for Congress last year in Orange County – says the Laguna Beach Patriot's Day Parade Association rejected a request Jan. 18 to have a float in the event, because the group is political and he is "too controversial."

    The application – rejected just an hour after submission – was turned in two days before the deadline, the group pointed out in its complaint, filed by the public-interest firm Lively & Ackerman.

    For the March 4 event, the Minutemen proposed a float with dancers performing a choreographed act with binoculars and folding chairs to imitate its volunteer border patrollers. Another group of actors were to be in Revolutionary War costumes. The float would be followed by about 400 volunteers, including many military veterans.

    The parade association said it rejected the entry on political grounds, citing a policy of not allowing groups with a religious or political affiliation or message.

    The Minuteman Project's lead attorney, Richard D. Ackerman, said he's "never been so happy to lose."

    "As a conservative attorney, it was a sheer joy and hysterical to watch Laguna Beach's city attorney argue that a case allowing open discrimination against gays was the controlling case in this matter," Ackerman explained. "The hypocrisy of the parade association and the city was staggering."

    Ackerman said he's "never seen someone argue so strongly for intolerance, exclusion, and fear-based discrimination."

    "The good news is that whether we win or lose on appeal, the laws preventing discrimination against 'undesirables' will be applied equally to all groups, or it will be fully affirmed that all of the California Legislature's anti-discrimination laws do not apply to churches, parades, Boy Scout organizations and others affected by state-control over associational and expressive rights," he said. "We have a number of clients that would be happy to see either result."

    The case likely will be appealed and go to trial, regardless of whether the Minuteman Project will be able to march in the parade this year, Ackerman pointed out.

    "I intend on sending a letter to the city and the Parade Association inquiring as to whether they really want to instill law that says its acceptable to discriminate against gays and others," he added. "They may get what they want at the appellate level simply by shooting themselves in the foot. I welcome them to do so."

    The Minuteman Project's complaint pointed out the group Peace Vigil, which has been accepted for this year's parade, is a well-known political advocacy organization that regularly protests the Iraq war. Another group in the parade, La Playa, openly supports controversial day-labor centers for illegal immigrants and is associated with a church.

    "They say the Minuteman Project is controversial, but so is the gay group and so is the vigil for peace," Gilchrist told the Associated Press last month. "… "I have no objection to any of these other groups, so why are they discriminating against us?"

    The complaint, which named Peace Vigil and La Playa as nominal defendants, asserted their participation in the parade is "unfair and misleading" to the general public.

    "It is false and misleading for them to represent to the association that they are nonpolitical," the complaint says. "Or, in the alternative, it is unfair and deceptive for the association to claim that it does not do business with political/religious organizations, but yet allow these two groups to participate."
     
  2. agricola

    agricola Member

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    If they cant go as "Minutemen" I am sure they can just as easily go and pay their respects as individuals. Anyone seeking to hijack a Rememberance Day (as it is over here) for any ends other than rememberance and gratitude to those who fought doesnt deserve to take part IMHO.
     
  3. longeyes

    longeyes member

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    The "hi-jacking" is being done by the illegal aliens and their lobbyists.
     
  4. longeyes

    longeyes member

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    Maybe this low-level ruling's an anomaly. My fear is that the Establishment has already signed on fully to the illegal alien agenda and that we can expect any attempts to stop the flood to be stigmatized by "Authority."
     
  5. Biker

    Biker Member

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    *If* La Raza had been denied, and that's a big, doubtful if, you can bet that the ACLU would dive right into their defense.
    Biker
     
  6. ChiefPilot

    ChiefPilot Member

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    I'm all for the MinuteMen, but if this is a parade being organized by a private party, why shouldn't they be allowed to choose who they will and will not allow to participate?

    I don't think the Boy Scouts should allow girls in, and I don't think the Girl Scouts should allow boys to join, either. And I don't think the government has any business saying otherwise. I don't understand how this case is any different.
     
  7. ArmedBear

    ArmedBear Member

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    "the Minutemen proposed a float with dancers performing a choreographed act with binoculars and folding chairs"

    cartman_ch.gif

    That, too, sounds openly gay.:p
     
  8. longeyes

    longeyes member

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    Is this parade using public facilities? Streets? Involving law enforcement?

    Maybe they should move it to private grounds.
     
  9. ArmedBear

    ArmedBear Member

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    My thoughts, too.
     
  10. GruntII

    GruntII member

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    Except they have to get a permit to use the city streets which equeals support form the city ,even though extremely small, It the Parade was taking place totally on private property the Minutemen wouldn't havea leg to stand on.
     
  11. ArmedBear

    ArmedBear Member

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    Laguna Beach is a VERY crowded, very expensive beach town with a lot of art galleries, restaurants and other businesses that depend on people who visit from nearby areas and other parts of the US and the world.

    A parade stops traffic in a crowded place with one-lane streets. That is actually a pretty big deal, not just extremely small support.
     
  12. ChiefPilot

    ChiefPilot Member

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    If the city gave the organization a permit for no charge, then I might agree - but the city doesn't do that. Permits cost money, and since the private organization had to pay for the permit , they should have some control over their parade.

    If it was a city-sponsored parade, that'd be something else entirely.
     
  13. Standing Wolf

    Standing Wolf Member in memoriam

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    Illegal aliens consistently vote for representatives of the Democratic (sic) party.
     
  14. c_yeager

    c_yeager Member

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    Right, and the minutemen could obtain their own permit and have their own parade.
     
  15. Desertdog

    Desertdog Member

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    Do you think the city would give them a permit for a parade? I really doubt it.

    It is a great idea though. Just think, all kinds of gun owners and gun rights organizations in a parade.
     
  16. xd9fan

    xd9fan Member

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    .......more proof of results-based jursprudence.
     
  17. ChiefPilot

    ChiefPilot Member

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    If they didn't, there would be a valid legal challenge and I cannot see how the City would be able to justify it as they are a public entity, not a private organization.
     
  18. unixguy

    unixguy Member

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    The part I didn't understand

    Was he on his own time, or was he arguing this case in an official capacity as city attorney? (I do think it's plausible that the writer might have left out the detail if he was on his own time...)
     
  19. crazed_ss

    crazed_ss Member

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    Rules are rules. No politiical crap in the parade.

    If the minutemen dont like it, they can have their own Anti-Mexican parade here in CA and watch 10 people show up.
    Im not a big fan of the minutemen..they were here last week causing trouble.

    "“The parade is a speech. It's expression ... and they have a right, within certain limits, to put on the parade they want to put on,” Orange County Superior Court Judge Michael Brenner said."

    http://www.signonsandiego.com/news/state/20060207-2213-ca-paradepolitics.html

    If a group of Neo-Nazis was putting on a parade and decide blacks couldnt be in the parade, they would be well within their rights. No judge should force them to allow blacks or whoever else into their parade if they dont want to.
     
  20. crazed_ss

    crazed_ss Member

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    Yes they could get their own permit.

    The Klan and other racist groups get parade permits all the time.
     
  21. Biker

    Biker Member

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    The intimation being that the Minutemen are anti-mexican? You also appear to be lumping them in with the KKK. Am I wrong?
    Biker
     
  22. Biker

    Biker Member

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    Once again, you seem to associate the Minutemen with the Klan. Why?
    Biker
     
  23. longeyes

    longeyes member

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    That, of course, is the game plan: Stigmatize all efforts to secure our borders as "racist."
     
  24. Biker

    Biker Member

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    Yup. I think that xenophobe comes next. I'm still trying to figure out "anti-mexican".
    To the best of my knowledge, Mexico is a country, not a race.
    Anyone can feel free to correct me if I'm wrong.
    Biker
     
  25. crazed_ss

    crazed_ss Member

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    I'm just pointing out that people with objectionable point of views get parade permits all the time and they're not forced to include anyone they dont want to. It's their parade, they allow whoever they want to participate.

    I dunno.. the minutemen.. I dont get a good vibe from them. Maybe it's because when they show them out on the border, they're all a bunch of old white guys with confederate flags trying to look badass with their guns. It doesnt look like Americans trying to protect the borders. Looks like a bunch of bored old guys with guns with nothing better to do.

    Come down to San Diego and you'd realize the immigration is bigger than shutting down the borders with guns and kicking out Mexicans. San Diego/Tijuana is an interwined society.. economically, socially, culturally. The border is just a technicallity. Withouth Mexican immigrants, the agriculture economy here ends. That simple.

    My mom does real estate down in North Carolina. She says people down there are hating the influx of Mexicans, but they're loving all the new construction and real estate developments.

    This is the reason Bush hasnt cracked down on the border. IMO, illegals benefit the US more than they cause harm.
     
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