"But they broke the law," the lawyer said. The judge responds, "So did Rosa Parks." Case dismissed.

[kpete]

Friends of mine were arrested in ALAMABA for "disturbing the peace" during the legislative session by singing hymns and freedoms songs and blocking the entrance to the chamber in order to prevent the passage of more racist, anti-immigrant legislation.

She just sent me this:

My court case to resolve my civil disobedience charge was dropped. Upon absolving me and my friends, the judge was questioned by the prosecution. "But they broke the law," the lawyer said. The judge responds, "So did Rosa Parks." Case dismissed.

I am so proud of this fine young woman.
kpete

[Live and Learn]

1. Wow, what a great judge! nt

[SummerSnow]

2. Bravo

[Downwinder]

3. GREAT ... Except they were denied a chance to change the law.

[truebluegreen]

5. They were legislators?

[Downwinder]

6. The courts can modify and throw out laws.

[truebluegreen]

7. Ah yes. It's called legislating from the bench and is generally frowned upon.

Also I don't believe it can even happen below the appellate level, which this isn't.

[NutmegYankee]

11. It's judicial review.

If the law is unconstitutional (such as state constitution), they can toss it as part of their "check and balance".

[truebluegreen]

13. As I understand it, a municipal court deals with matters of fact

while an appellate court deals with matters of law. That is my point. I am well aware of judicial review, but it is outside the scope of a municipal court and not undertaken lightly anywhere.

Some out-of-control police and/or DAs misapplying a law and getting called on it doesn't really rise to the level of overturning a law by judicial review.

Thanks.

[Downwinder]

14. With a bad law or a misapplication of the law,

you have to start somewhere.

[truebluegreen]

15. I agree. And the judge did too.

[Downwinder]

16. The Texas PI law conflicts with the ADA,

as a CNS disorder can exhibit indications of intoxication. I regret having a case dismissed that could have tested the law.

[progree]

21. Texas PI law? What about the Indiana PI law? PI = 3.2

On February 5, 1897, the Indiana General Assembly voted unanimously to pass a bill set the value of π (that's Pi, as in Circumference = Pi * diameter) equal to 3.2.

... Fortunately, this vote took place the same day the head of Purdue University's Mathematics Department, Clarence Waldo was at the statehouse securing funds for the University's budget. When he heard the assembly was discussing mathematics, he listened in and was amazed. He spent the rest of the day educating Indiana senators on geometry and properties of transcendental numbers. His lessons were effective enough that the bill died on the Senate floor on February 11.

More: http://chemistry.about.com/b/2013/02/04/this-day-in-science-history-february-5-indiana-pi-law.htm

Hmm, I'd think they'd at least round it to 3.1, since Pi = 3.14159265... is closer to 3.1 than 3.2. Or to 3, which would be another proper rounding and probably good enough for Indiana (*smirk*).

(I had to Google "PI law", I guess it really means Personal Injury, but ran across the above story and couldn't resist. Sounds more like the Indiana legislature circa 2013 than 1897, except that the Senate would have passed it too, or made it 4 or something).

[Downwinder]

22. PI Public Intoxication

In the officers opinion without a requirement or allowance for blood or Breathalyzer tests.

[progree]

24. Thanks, now I got it. Reminds me of reading on some DUI lawyer blog where there are big differences

Last edited Sun Sep 29, 2013, 11:28 PM - Edit history (1)

between people in breathalyzer results given the same Blood Alcohol Content. The law specifies 0.08 BAC (BLOOD Alcohol Content), but judges often convict on the basis of a breathalyzer reading and refuse to consider blood test results. Even though the law specifies BLOOD Alcohol content, not BREATH Alcohol Content. All this of course in the interests of judicial "efficiency".

On edit: reminds me that some breath freshner sprays and mouthwashes can bring breathalyzer results well over 0.08. Only for a couple minutes or a few minutes, I forget how long that effect lasts. So somebody freshening their breath in a car just before a job interview or meeting their date ... Or worse, somebody who has had two beers and gets up to say 0.04. And then, just to be sure, uses a breath spray to supposedly hide the beer on their breath, but instead makes a cop suspicious and drives the breathalyzer results over the line. Ouch.

[mimi85]

25. Any Californians here remember when

DUIs were called 502s? Jeez, I'm getting ancient...just glad I never got one. My drinking days are way behind me, thank goodness.

Ha, back in the hippie days, we had a "friend" that got a 502 for hit and run on his bicycle (his DL had been suspended, of course). He rode it into a bunch of trashcans, knocking them over, and leaving the scene of the "crime." Talk about a slow speed chase! Sorry to get OT.

[NutmegYankee]

17. Ah.

I didn't see the court level. I was just reading posts.

[merrily]

29. Yes, as to declaring a law unconstitution, no as to modifying a law.

Amending a law is legislating, not reviewing.

The poster is definitely mistaken about that.

And laws against disturbing the peace are not unconstitutional on their face, though they can be unconstitutional as applied to a particular defendant. I think that is what this judge is saying when he dismisses the case.

[merrily]

28. No. They can declare them unconstitutional, but they cannot modify them or

threw them out unless they violate the Constitution (which, in this case, would include both the federal and state constitutions).

I doubt a statute against disturbing the peace violates any Constitution in the United States.

So, the issue would be, is the statute unconstitutional as it was applied to kpete's friend? If so, then you dismiss the case as to kpete's friend, which is what the judge did.

The above refers to statutes. Court have much more freedom to modify court made law, or common law, although, even then, they don't overrule prior cases willy nilly because stability in the law is desirable.

[Downwinder]

31. Tell me that the FISA Court has not modified the Law with

their interpretations of the PATRIOT Act and the Foreign Intelligence Surveillance Act.

[truebluegreen]

4. Proud of that judge too--in Alabama? Wow.

[alfredo]

8. Yes!

[progressoid]

9. Beautiful!

[defacto7]

10. Finally, finally, finally...

Good news about a judge!

Let's hope it's a trend.

[whttevrr]

12. Thanks!

It's good to hear about reasonable Judges.

[Uncle Joe]

18. Kicked and recommended.

Thanks for the thread, kpete.

[progree]

19. Odd that this doesn't show up in a google search, I'd think the RW blogs would be going crazy

Last edited Sun Sep 29, 2013, 08:53 PM - Edit history (2)

It sure would be nice to know who the judge was -- I'd think that would take incredible courage in Alabama -- anywhere in Alabama. Presumably this was in Montgomery, since that's the state capital and where the legislature meets. Wasn't there a bus boycott there a few years back? Something to do with Rosa Parks?

[merrily]

30. Decisions of lower state courts rarely get that kind of buzz.

But, if the OP were anyone but kpete, I'd suspect the story, just because it seems too good to be true.

Since the OP is kpete, though, I believe it, even if the punch line were that the judge's robe was made entirely of toasted marshmallows.

[kpete]

32. Thank you merrily for having my back...

This is an exceptionally bright and caring human being. Her husband and a small group have been peacefully protesting in BIRMINGHAM, AL for the last 3 years that I have known them. I have seen them standing TOGETHER on a busy street corner - protesting the wars, drones and social injustices.

I do not KNOW many people like them. Most complain from a distance. This small band of activists seem to have no fear.

The most wonderful part of knowing them (they are friends of my son who happens to be going to school at UAB) is that they are YOUNG. Something about seeing folks from my son's generation protesting peacefully against social injustices - just makes me glow with hope.


peace,
kpete

[merrily]

35. Aw. It t'weren't nothing.

[greiner3]

20. Dayummmmmmmmmmmmmmmmm!

[Tidy Cat]

23. Perfect retort from the judge to the prosecution.

I wish more judges were like this in regards to bullshit charges designed for nothing more than to stifle free speech.

[robinlynne]

26. and of the Judge!

[Manifestor_of_Light]

27. I think it's called plenary power.

((( )))

[L0oniX]

33. The judge responds, "So did Rosa Parks." +1 for a good judge ...a rare commodity it seems.

[sinkingfeeling]

34. Be proud of the judge as well.