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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIdaho OKs Seizure of Protesters' Property
Idaho OKs Seizure of Protesters' Property
BOISE, Idaho (CN) - Occupy Boise sued Gov. Butch Otter, claiming a new law aimed at them allows the state to seize private property without a warrant, without probable cause and without suspicion of a crime.
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On Nov. 5, 2011, about 50 Boise residents began pitching tents on land in front of the city's old Ada County courthouse, in view of the Idaho Statehouse.
Members of Occupy Boise said in their federal complaint that they erected the tent city because conventional methods such as marches, rallies and public meetings did not "appear as effective as the Occupy vigil encampments that were taking place throughout the world."
Lead plaintiff Edward Watters says Occupy Boise took every precaution to "preserve health, safety and peaceful assembly" at the site, including sending a letter to the Idaho Department of Administration, notifying it of its intentions; meeting with the department's director and co-defendant Teresa Luna, to discuss logistics; meeting with Brig. Gen. Alan Gayhart, of the Idaho National Guard; writing a 42-page operational manual for the Occupy Boise vigil; sending letter to the Idaho State Police, providing all-hours contact information for Occupy Boise representatives and attorneys; and holding many other meetings to discuss meal, toiletry and power plans.
In reaction, the complaint states, Idaho House Assistant Majority Leader Scott Bedke introduced a bill on Jan. 18 to prohibit camping on state land, and authorize government agents and contractors to "take and destroy private property without notice or hearing."
http://www.courthousenews.com/2012/02/27/44193.htm
dembotoz
(16,802 posts)annabanana
(52,791 posts)They should
eShirl
(18,490 posts)for merely exercising your free speech rights.
Romulox
(25,960 posts)As a result of the Drug War jurisprudence, the Fifth Amendment is of limited applicability in day-to-day life.
Uncle Joe
(58,355 posts)the rest of the camel will surely follow tearing down the people's shelter.
IDemo
(16,926 posts)By ALEX MORRELL - Associated Press | Posted: Monday, February 27, 2012 7:32 am
BOISE U.S. District Judge B. Lynn Winmill told attorneys during a court hearing that he will release his decision today on the lawsuit brought by Occupy Boise protesters.
Gov. C.L. ``Butch'' Otter last week signed the law that bans camping on state-managed land. It requires the protesters to clear the grounds of the old Ada County Courthouse, where they've been camping for nearly four months, by Monday at 5 p.m.
Lawyers for Occupy Boise contend the state's new law infringes on constitutional rights to free speech. They filed motions asking the judge to prevent the state from evicting the campers, claiming fundamental rights and freedoms are at stake.
``The plaintiffs' round-the-clock symbolic political assembly lies squarely at the intersection of two bedrock American freedoms: speech and assembly,'' Occupy Boise lawyer Bryan Walker wrote in court documents.
Read more: http://magicvalley.com/federal-judge-to-decide-today-on-new-law-evicting-occupy/article_e1ee3110-614f-11e1-bec7-001871e3ce6c.html#ixzz1nbJVYhxo
New Yawker
(62 posts)And the new law needs to be tossed out, and Occupy Boise can continue occupy the public property to exercise their First Amendments right to protest.
Otter will be then kicked out and replaced by a Democratic Governor. Otter and the rest of the right-wing fruitcake Repubicans are what's the problem and the reason for the Occupy.
Right-wing fuckwits will have to find another new milita location outside of the United States - I suggest the Bikini Atoll. I hear it's nice.
IDemo
(16,926 posts)A federal judge has decided Occupy Boise can keep its tents up for now, but protesters won't be able to sleep and camp at the at the old Ada County Courthouse grounds next to the state Capitol.
"This is a victory for Occupy Boise, bar none," Occupy Boise attorney Bryan Walker told the Idaho Statesman Monday.
Walker said the tent city is political expression, and that's why the state is being prohibited from removing Occupy Boise's tents. He said it will make it more difficult for the protesters to maintain the site, because they will need to post a non-sleeping/camping presence at the site around-the-clock.
U.S. District Judge B. Lynn Winmill's ruling released Monday said Occupy Boise's protest against income inequality and the influence of wealth in U.S. economics, politics and government qualifies as protected free speech.
Read more here: http://www.idahostatesman.com/2012/02/27/2012156/federal-judge-occupy-boises-tents.html#storylink=cpy
surrealAmerican
(11,360 posts)cstanleytech
(26,290 posts)Major Hogwash
(17,656 posts)That's why Senator Larry Craig -- yeah, that guy -- wanted the 9th Circuit court of appeals broken up, hoping that Idaho would be put into a more conservative appeals court.
Senator Crapo feels the same way, and he is still in the Senate messing things up just as much as he ever did.
And I'm sure that Senator Risch just goes along with the flow of the rightwing crowd because he doesn't have a spine or an original thought at all.
idahoblue
(377 posts)All that stands between Idaho and total right wing nutfuckery.
bayareaboy
(793 posts)Do you think Az or Ihaho-ho. I mean Wyoming just gave up and threw the towel in the ring, a while ago.
I once wanted to live in the panhandle of Idaho around Bonners Ferry area, it was the early 70s, but those folks up there it seemed didn't want people just money. So they got Lots of Mark Furman folks who had money for cabins instead and between the pathalogical posse already there and came up with a real winner.
On the other hand I would like to do a Winter in a nice hot place but I will save that for hell, instead of Arizona!
DallasNE
(7,403 posts)Especially the Bill of Rights as this is a clear violation of the 4th Amendment. And does the oath of office they take mean nothing?
http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution
Dont call me Shirley
(10,998 posts)"You go on an git nah, aint nuttin fer ya heyah, ya takes yer campin elsewheres".
Quantess
(27,630 posts)k & r
Odin2005
(53,521 posts)syberlion
(136 posts)These types of cases are going to go before the Supreme Court. It is very likely there will be at least 2 appointments in the next 4 years. Unfortunately, none of the justices getting ready to retire are on the conservative side (that's because prince George recruited young'uns), but I suspect we may see the first impeachment of a justice, Clarance "pubic hair" Thomas, Alito or Scalia, all of them are suspect of something (best case they all get caught with their hand in the corporate cookie jar and it swings the court back to the people, I can dream...).
Currently, with "Corporations are people, my friends" as the guiding principle of this court, we have to work tirelessly to assure the other two branches remain under the guiding hand of the people. No matter how weak the republicans appear this go-around, they own the companies that make the "black boxes" we use to vote. We have to overwhelm the ballot box so there is NO QUESTION about who won.
That goes for the down-ticket races as well. As we have seen since the 2010 election, without support (meaning a majority of Democrats in the House and Senate) we will not be able to get all the things we need to get done, and there is a lot of elephant poo still needing to be swept up all around this country!
The repugs only want to follow the Constitution when it suites them and their needs. They want a country where the corporate song is sung before the national anthem, they want a country where those that have can keep and those that don't can suck on the repug's Cadillac tail pipe. Only they get to voice their opinion because they see themselves as the ruling class.
Nothing new here, what we are seeing are the modern "Hoover-villes" and there were those that were injured and died during those protests as well. I find it ironic those pointing to the sacred document of the Constitution saying, "We want to go back to what our founding fathers created" and yet when that includes freedom of speech for all... Well, that's not what they meant...
We suffer from years of the "NIMBY" syndrome. Yes, I believe in a person's right to do x or y, but not in my back yard. Running a people-powered government is messy, complicated, slow, and thought-provoking. That last one, thought-provoking, is the root of the issue.
Over time, we've abdicated our Constitutionally given responsibility to run our country. Slowly, we've thought less and less about what it takes to have a well-run, functional system seeing to the basic tenants of our own governance within the first paragraph;
"to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the Blessings of Liberty to ourselves and our Posterity..."It's that simple, period.
Take each of those and think about our current republican run house. The Oath they took to protect and defend this Constitution... They are a farce and worse, they are undermining this country's very foundation. They are termites eating away at the centuries old timbers, rotting away the freedoms we fought and died to protect. When they curse the government, they curse the people.
They don't want to be responsive to the people, because their model is one of graft and greed. To them, justice is a roadblock, domestic tranquility means people have time to watch what they do in Washington. They "prefer to work in the shadows." As for the "common" defense, what they commonly want to defend is their special interests, their oil fields and the oil fields of their "friends" as an example.
We are under attack and sadly it is within our own borders, from those choosing to call themselves "patriots". They are not patriots and never will be, as long as they hold the vision they hold for this country. They have lost the ability to see the larger picture. The one defined in the first paragraph of our Constitution. Their success in obfuscating, using smoke and mirrors to hide their true agenda; to destroy this more perfect Union in favor of something we left over two-hundred and thirty years ago.
Theirs is a world of absolutes, no compromise, and only room for their beliefs, period. Reducing through fiat freedoms we've held dear for centuries. They will continue to push and scream and cross their arms and re-tell history in their image. They will advocate for the bullies and malcontents. They will find those they can misinform and misdirect to maintain domestic unrest because in confusion they can, and will steal.
Should the House and Senate fall, the Supreme Court would be the last defender of our Constitution, so it does matter who the President is. May it work out for "We the People."
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