[PICTURED: Mayor Bloomberg Ponders Needlessly. Simply apply the U.S. Constitution to demonstrators and forget the rest. It was created to keep things simple and prevent confusion. But don't insert your nutty spineless wishy-washiness into the 1st Amendment. Any problems, file for an amendment. I'm sure you have to money to gather signatures for the amendment ballot initiative.]First of all, no I am NOT a lawyer, so you probably would not consider me a U.S. Constitutional expert, as applied to 1st Amendment issues. So, I am here to say, "NO ONE is an expert on U.S. Constitutional issues, except for the FEDERAL JUDGE, making the ruling on that day. And any and every TOP CONSTITUTIONAL ATTORNEY has been stunned/shocked at SOME ruling they never expected, to illustrate the point.
So my credentials, as I will apply to New York Mayor Bloomberg's comments, today, regarding #OccupyWallStreet "Tent City" dwellers, is based on my suing the City of Los Angeles on 1st Amendment issues on the Venice Beach boardwalk, which is similar in the fact that it is an outdoor area, of which people's rights were up for debate. I as Plaintiff, was correct and the City of L.A. WAS in violation of Federal law, and an injunction was ordered on their illegal free-speech violating activities. (Coincidentally, the judge made the ruling, a year ago, this week, on October 21, 2010.)
So if you do not like my take on the situation (and I have not yet read the article, or Mayor Bloomberg's comments; just the headlines), keep in mind...I spent years fighting for the rights of The People! (And the ruling I won, may be used to protect you and EVERYONE ELSE IN AMERICA, in EVERY CITY in the nation. "You're Welcome, America." - David Saltsburg/October 21, 2010)
Bloomberg Says ‘Tent City’ Goes Beyond Free Speech
By MATT FLEGENHEIMER and JOHN ELIGON
Published: October 17, 2011
[MY COMMENTS WILL APPEAR IN BRACKETS.]
Mayor Michael R. Bloomberg, speaking Monday as Occupy Wall Street protesters celebrated the passage of a month encamped in Zuccotti Park, said he was trying to strike a balance between protecting protesters’ right to free speech and the needs of Lower Manhattan residents.[FIRST OF ALL, AS A TRUE LEADER (ME), I SAY, "There is no balancing. The law has already been established by the U.S. Constitution, and it is your job to simply apply it. I have not yet read more, no opinion yet on whether it's gonna be an unfair crackdown, or political "non-leader" cave-in, so the point is, thus far; either they get to stay and shut up, mayor; or move 'em for everyone else protected under U.S. law.]
“The Constitution doesn’t protect tents,” he said at a news conference in Queens. “It protects speech and assembly.” [Mayor B is right. You may not block, impede or impinge the passage of others to express your free speech rights. Your SPEECH is protected. Your actions, are not necessarily protected, if they are in violation of municipal code. For example, you can march up and down the sidewalk/not blocking others. But you cannot prevent others from their activities. And in most cites they have laws about, "causing a disruption." For example, you can set up an amp, or shout though a bullhorn, but Van Halen can't set up their amp stack for a free show, on the sidewalk, in violation of municipal sound codes.]
The mayor expressed concern that those exercising a “right to be silent” might be getting drowned out amid the din of the protests. “We can’t have a place where only one point of view is allowed,” he said.
[OK, I SAY THOSE ARE LAWSUIT FILING TALK WORDS FOR THE PROTESTORS, NOW! This isn't a radio or TV station that has to offer equal time to a political candidate during an election under "fair use" laws. ARE YOU CRAZY MAYOR BLOOMBOOGER! (THERE! NOW YOU HAVE A NEW NICKNAME, FOR THAT MERE COMMENT ALONE!) If a crowd wants to assemble to express the point of view, "ALL AMERICANS SHOULD INSTALL SOLAR PANELS," are you going require the crowd to shut up to allow the, "WE LIKE COAL," crowd?]
“There are places where I think it’s appropriate to express yourself, and there are other places that are appropriate to set up Tent City. They don’t necessarily have to be one and the same.” [Then the issue isn't at all about expressing yourself. It's about the tents blocking the sidewalk. If it WERE NOT for the tents, and people were demonstrating, properly, it wouldn't be about the expression. HOW DID YOU BECOME A BILLIONAIRE BEING SO SPINELESS, CONFUSED AND BEFUDDLED, BLOOMBOOGER?']
A Quinnipiac University poll released on Monday found broad support for Occupy Wall Street; 72 percent of New York City voters, including 52 percent of Republicans, said the protesters should be able to stay as long as they want if they continue to obey the laws. The telephone survey, of 1,068 registered voters, was conducted from Thursday to Sunday.
[WHO GIVES A F*CK ABOUT A POLL? WE ARE TALKING ABOUT THE U.S. CONSTITUTION! It's already been established and is the current framework we operate and live under. If you want to amend it, then do so. OTHERWISE, IT'S NOT ABOUT A POLL. I DIDN'T EVEN LOOK AT IT! For all I know I LOVE the results. My brain can't even take it. I can't downgrade my brain with nutty polls, when there is U.S. law.]
Also on Monday, Manhattan prosecutors met with lawyers for the hundreds of people who have been arrested during Occupy Wall Street protests, as well as with a woman who was pepper-sprayed by a police officer during a march.
[I feel for the mayor and taxpayers, on this one...seriously. It's called a "conundrum." Something you've never had to deal with, falls in YOUR lap (although a U.S. issue), and you gotta tightrope walk in the wind. Oh well, city will pay out several millions, as cost of doing business/price to pay for being biggest U.S. Kahuna/Home to Wall Street. MOVE Wall Street TO HOBOKEN. That will end the demonstrations, QUICK!]
The lawyers representing many of those who were arrested said they had asked prosecutors to dismiss the charges against anyone rounded up during mass arrests on the Brooklyn Bridge and at other demonstrations related to Occupy Wall Street. Martin R. Stolar, one of the protesters’ lawyers, said there was not enough evidence to prove the charges, most of which were for minor violations like disorderly conduct.
Even if prosecutors offer defendants what is known as an adjournment in contemplation of dismissal — a deal in which the charges are eventually dismissed if the person goes a certain period of time without being rearrested — Mr. Stolar said that “a substantial number of people” would decline the deal and “insist on going to trial and establishing their innocence.”
[OK, fine...if I believe all that, and the cases are groundless/proveless, I'd sue Bloomberg's NYC for the comments I referenced above. That's the kinda Federal minutia you get 'em on. FOR GOOD REASON! Cause like Springsteen said in, Badlands, "You better get it straight, Bloomberg!"]
Erin M. Duggan, the spokeswoman for the Manhattan district attorney’s office, said in a statement that every arrest that comes into the district attorney’s office “is assessed individually, and charging decisions are based on the evidence and circumstances unique to each case and defendant.”
[I have a feeling the Manhattan DA's office is "shady as hell" (to use an official political investigative blogger's term) -- and maybe they'll let one or two cases slip through and pay 'em off, to show they were fair and impartial and found problems. That also cuts off all future lawsuits on the matter, for the most part. (But you have to call me for paid advice for further explanation, cause it's beyond scope of this story.)]
In a separate meeting on Monday, Kaylee Dedrick, one of those who was pepper-sprayed in Union Square by a police deputy inspector, and her lawyer, Ronald L. Kuby, met for more than an hour with prosecutors and urged them to bring charges against the inspector, Anthony Bologna.
[GOOD LUCK HAVING A PROTESTOR HAVE JUDGE GO AGAINST NYPD COP'S WORDS FOR PEPPER SPRAY. (Not like shot with gun kinda damages.) They'll paint UGLY picture of protestor's unruly behavior, amidst warnings. Protestor doesn't have hard evidence, probably. Ruling goes in department's favor, unless circumstances I am not aware of, beyond the usual, "pepper spray in the face of a protestor."]
Prosecutors interviewed Ms. Dedrick and told her only that they would continue to investigate, Mr. Kuby said. He also represents another protester, Felix Rivera Pitre, who was seen on video being punched by an officer. In that case, Mr. Kuby said, prosecutors told him only that they were continuing to investigate.
At the news conference in Queens, the mayor was asked if he had spoken about the protests with his girlfriend, Diana L. Taylor, who is on the board of directors of Brookfield Office Properties, which owns Zuccotti Park. [Punched by officer, on camera, most likely a different legal outcome for plaintiff, than "no prove" pepper spray plaintiff.]
“I can tell you that pillow talk in our house is not about Brookfield or Occupy Wall Street," he said. [Um, this is only an opinion, and not of an investigative blogger (or maybe it is...) how much you wanna be Bloombooger is spinning (full of sh*t), and most likely, that is ALL they have been talking about. Ex: "Oh shoot...what do you think we should do, Diana?" "I don't know...we can't come across as looking mean or rude to the regular people, Michael. Just let them stay, for now, and hope for rain and cold."]
Mr. Bloomberg also joked about an impersonation of him on “Saturday Night Live” over the weekend, insisting that the show’s creator and producer, Lorne Michaels — with whom Mr. Bloomberg sat at a Yankees game this month — did not need to hire an actor to play him.
“I’ve got my SAG card," the mayor said, referring to the Screen Actors Guild. “I’ve done this a number of times. My agent could negotiate a rate with him that he could afford to do.” [AND ALWAYS END IT ON A WARM AND FUZZY!"]
FINAL TAKE: Although Bloomberg sounds like a whimpy, non-leader; he is right that people have 1st Amendment rights and they are not extended to setting up tents that block pedestrian or traffic flow. You are, however, allowed to set up a display, even with amplification, if you are not impeding others. I believe a Federal judge would say a tent goes beyond that expressive medium or right. So the mayor can feel free to move them, if they do not leave after being warned. And he better shut up on the other stuff about balancing points of view and whatnot. Cause I'll back to New York to sue his ass on behalf of The People, like I did in L.A. City. (I used to work for Z-100 and lived in Rush Limbaugh's condo, at the time. LOVE YA NOW, Rush. Back them I was into GRUNGE ROCK and just didn't like having to wait one extra stop on the elevator for you, on the way down. These days, YOU'D GET A REAL EARFUL!)
ALRIGHT...who the hell is THIS GUY "Saltsburg?": The U.S.A. Needs to "Get To Know David Saltsburg!" Why This Is The Most Important Poltical Blog Post on U.S. Goverment in Internet History [READ HERE!]
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