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Thus the movement to some sort of pictures on Stickers, Passes etc. To discouraged forgeries issuers of such stickers, passes etc tend to change the picture every time a new one is issued. Furthermore a picture is more memorable than a date, thus Police (and other people exposed to the stickers and passes) have an easier time "seeing" obsolete stickers and passes.
Now most times the pictures are non-controversial, i.e. pictures of the Flag, some local landscape or a famous painting and/or picture (Tendency is to pictures in Color for paintings are easier to forge onto a pass etc). Here someone is objecting. Most times when you object this late in the selection process, your objections is accepted (and ignored) but is used in selecting the next year stickers. The reason for this is by the time the stickers are issued it is to late is call them all back and replace them. Thus if you want to object you have to attend the public meeting when the picture is selected. Most people do not attend such meetings for while picture selection is on the agenda, unless you are on the mailing list you never hear of the sticker being selected. This is NOT intentional, but no one really cares about the picture and like most ministerial actions are called as it comes up in the agenda, a vote is called and the sticker is adopted and the group goes to the next thing on the agenda.
One of the classic case of this is the ban on cigarette ads on Television. In the late 1960s the Anti-Smoking groups demanded equal time to provide anti-smoking ads. The Federal Communication Commission (FCC) had to set how much time was "Equal Time". During a break in another hearing the anti-Smoking group asked for a ruling and while on their break from what the FCC Commissioners considered a more serious matter, agreed to a 3-1 ratio. i.e. for every three minutes of Smoking ads the Anti-Smoking groups received one minute of air time. Ir probably took you more time to read the above then the time taken by the FCC in making their decision. Anyway, a Madison Avenue Ad firm agreed to come up with an anti-smoking campaign. They came up with the "Kick the Habit" Ad campaign. That campaign was so effective is getting people to stop smoking AND preventing people from starting that the Cigarette Companies themselves lobbied congress to ban cigarette ads on TV (And with no Cigarette ads on TV, no equal time for the "Kick the Habit" ads.
I bring up the Cigarette ban to show you how important decisions are made by people who do not consider it important. Furthermore other people do not consider it important and then find out later it was (When it is to late to do anything about it).
The same procedure was probably used here, the Sticker was available for comment some time last year and anyone could go down to the issuing agency and look at the sticker and file any objections to it. No one went down let alone filed an objection and thus was adopted without objection.
Now, what will the court do? First the Court will require the plaintiff to show she made every reasonable effort to object to this picture. The issuing agency will said she did not for the reasonable time to do so was during the comment time period issued in their minutes and review able by anyone who came down to the issuing agency's office. The courts have said such notice is FULL NOTICE to people, you can NOT just sit around and have people tell you want is up, you MUST make an effort to be informed, thus you have to go down to the issuing agency and find out about the sticker during the Comment period. That is the Judicial definition of "Reasonableness". Thus I expect this case to be dismissed on that grounds whenever it gets in front of the Judge (i.e. her time to object was when the Sticker was open to review during the previous comment period NOT now after it has been used to print the Sticker). Yes, you are EXPECTED to attend your local Manciple/School/Authority/Commission meetings, if you do not you give up all rights to object to what they do on an ministerial matter (Like picking what will be on the local parking sticker). I am NOT discussing fundamental rights here, but ministerial decisions that ANY Governmental unit has to make. This sticker falls under that category of acts of the local Government NOT the denial of someone Fundamental Rights.
Second, by the time this action gets to Court, the period covered by the Sticker could have expired. I can see the Court thus dismissing the case as moot. i.e. what is the Court to do NOW, given that the Sticker you are objecting to is no longer being used? If the period has NOT expired the Court can ask the Plaintiff what can the court do? The local Government has the RIGHT to issue a Sticker, the objection is THIS picture on the Sticker and what Order should the Court Issue? Permitting her to take out the Cross? OK, what about someone who oppose the War, does that give such a person the right to cut out the WHOLE Sticker (and thus defeat the primary purpose of the Picture which is to make it harder to Forge)? If this was a continuing problem, the court could order the local Government unit NOT to issue such stickers in the future, but I suspect that is NOT the case here (Local Governments like avoiding controversy but also like avoiding spending Tax money twice for the same thing, like in this case two parking stickers for the same year). My experience with the my Local Courts is if you have something like this that is Controversial they will delay making a decision as much as possible and then when the period covered by the Sticker is over dismiss the case as Moot.
Third, as I pointed out above, does this picture TAKEN AS A WHOLE, promote Religion? That is a question of fact up to a Judge to find but only after a hearing where both sides can present their sides. Given you have at least 2-3 months of Pleading and Discovery then to schedule a hearing you will be while passed the general one year period this sticker was to be used. Thus the Judge may ruled the case Moot (as stated above) unless the Plaintiff can show this was intentional endorsement of Religion (based on testimony of the Government's selection group for the Sticker) AND there is a good prospect of it happening again. When the Local Government shows it had the sticker available for comment and no one objected to it during the comment period, how can the local Government KNOW they were endorsing religion? Remember the burden is on the PLAINTIFF to show this was INTENTIONAL not just that it merely happened. I doubt this case will get to this stage, the safe political thing for the Judge to do is delay the case till it becomes moot.
One last comment, I hate to say this but this case sounds like someone wanting to get publicity more than stop this sticker from being used. You generally do NOT give a press conference on a serious matter, you just file and wait for the written response from the local Government agency (OR you file a "Rule to Show Cause" and have the Local Government Solicitors appear in front of a Judge to explain why the Court should NOT ban this sticker). A Rule to Show Cause is a quick way to get a Decision by a Judge, but only if they is NO DISPUTE OVER THE FACTS. The Plaintiff chooses NOT to use a "Rule to Show Cause" instead demanded the Local Government withdraw the Sticker or permit the Plaintiff to cut out the Cross WITHOUT ANY COURT ORDER. The reason for No Rule To Show Cause is that in such an action the Judge MUST accept all facts in dispute favorable to the Defendants, and if that is the case the Plaintiff would lose (i.e. the Court MUST rule, for the purpose of the Rule to Show Cause, that the the Local Government did everything to avoid supporting religion unless the facts are clear on their face and as I pointed out in my previous threads that is NOT the case here, i.e. ANY argument by the Local Government MUST be held to be true). My point here is the Plaintiff did NOT file a "Rule to Show Cause" instead issued a press release. Reminds me of a story a Judge once told me when he was a lawyer. A client's dog had a reaction to a shampooing done at a "Dog Salon". When the Dog Salon refused to pay for the medical treatment for the Dog, the Judge (Who was then an attorney) filed an action for $1 Million dollars against the Dog Salon. Why did he file the $1 million dollar lawsuit? So it would get in the local Papers (Which it did) and embarrass the Dog Salon to pay the $200-300 dollars in medical treatment for the Dog. The Judge had NO intention of going forward on the case, he just wanted to put pressure on the Dog Salon (The Judge next heard of the case a few years later when he received a copy of the Dog Salon filing Bankruptcy and being named a Creditor). Like the Judge, this case sounds more like an effort to get publicly than to undo an effort by a local Government to endorse religion. Thus your statement about a plain sticker, while a solution, is not really want the local government needs, the local Government needs to be just more careful on its selection process for the pictures on the Sticker and that is something a simple letter would have done. No this is a publicity stunt by the Plaintiff. Maybe it is to call attention to herself, why is her own reasons but if she willing objected to such symbols on Government issued documents does she NOT go to the Local Meetings when such things are on the Agenda? Why did she not object during any Comment period? I do not think she wants to answer those questions so rather threaten to sue than do the footwork needed to prevent such pictures making onto Government documents like this sticker.
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