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Old July 11, 2010, 12:33 AM   #43
Senior Member
Join Date: November 28, 2004
Location: Silicon Valley, Ca
Posts: 7,117
Sue the Mayor and Aldermen

The Mayor and city Alderman have their behinds hanging out in the breeze and don't seem to realize it. The media has several juicy quotes from aldermen who disagree with the court decision. Including this one...

When the new laws were announced in Chicago, Alderman Mary Ann Smith thanked "everyone who has worked to try and create as restrictive a tool as possible.”
IANAL, however it seems to me that a good civil rights lawyer could just about retire if he wins a lawsuit against the city for violating....

Title 18, U.S.C., Section 241 Conspiracy Against Rights
This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs

For the city to declare that some portion of the Bill of Rights is excluded or limited on one's own property is an unlawful invasion of privacy, a "taking" of property (some portions may not be enjoyed as fully as others), and offensive to the constitutional principles of the country. By limiting the definition of "house" or "home" to just the dwelling unit, Chicago could, in theory, force residents to accept the quartering of a soldier in their garage.¹

What other rights may Chicago limit to only the dwelling unit?
* No warrant to search your garage or yards?
...if your "home" is only the dwelling unit according to Chicago, how does this affect the reading of "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures..." Not a word about yards, porches or garages which Chicago now defines as "different".

* Might Chicago consider a resident's angry discussion of city politics, in his own back yard, as "public speech" since it is not part of his "home"? Could he be prosecuted for "attempting to incite a riot" or "hate speech" when denegrating a public official while talking to his wife and/or child?

The City's actions are an offense against the Constitution and the citizens of Chicago. They show a wanton disregard for the Constitution as the supreme law of the land and contempt of the U.S. Supreme Court.

I hope for swift action by the Federal courts in Benson. If we prevail and Chicago repeats this kind of stupidity, the citizens of Chicago should notify the State of Illinois and the officials in the City in a letter that says...

The elected officials of the City of Chicago having ignored state and federal constitutional laws, having unanimously conspired to deprive the people of their rights, having threatened those who insisted on exercising their rights with unlawful imprisonment and having ignored the will of the vast majority of citizens in the exercise of their rights, has defined itself as an unconstitutional oligarchy. Governments exist to protect the right of the people to life, liberty and the pursuit of happiness, not to leave them defenseless and at the mercy of criminals. As such, the Citizens of Chicago, exercising the inalienable Right of the People to alter and abolish any government that is destructive of those ends, gives notice to the elected officials of Chicago that they have 24 hours to tender their resignations to the Governor of Illinois or face forcible eviction from office.

Such a notice, signed by several hundred Chicago residents might shake up the politics in Illinois for decades.

¹ USC Amdend 3: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner...nothing about garages or outbuildings, Chicago could argue.
BillCA in CA (Unfortunately)
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