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Old May 5, 2009, 10:19 PM   #8
Jim March
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Join Date: February 14, 1999
Location: Pittsburg, CA, USA
Posts: 7,417
First, I want to say well done. I do have some comments .

In no particular order:

* I'd have preferred at least one minority plaintiff, stated as such, combined with a challenge to the racial discrimination aspects to CCW. That said, the GLBT angle will probably work almost as well.

* I love seeing that phrase "arbitrary and capricious" in there. That kicks in a HUGE body of case law.

* I think they picked the right courthouse - that Federal district is about the best choice you could get in Cali, Federal or state courts. In picking the county (and one city) defendants they chose very well within that geographic limitation: City of Davis is obviously sideways with the Salute v. Pitchess decision, Yolo County is a mess and Sacramento's sheriffs have a LONG history of outright corruption that might be brought into play. I'd be very interested in seeing if the Sacramento "Sheriff's Posse" system is still in place under Sheriff McGuiness.

* A claim might have been made that the security guard could boost his income via CCW, but in this particular case that won't work because when the guy had CCW, he didn't do that. A shame, but no criticism of the lawyers or case can be made on that basis.

For those not aware, under previous sheriffs the "Posse" in that county was still granted minimal law enforcement status, likely in violation of the minimum training requirements. And they used that as a smokescreen to keep about half of the permit roster's names secret, limiting the amount of CCW-linkable campaign contributions that could be discovered.

Sure looks the same as when I looked last:

http://www.sachorsemen.com/posse/posse.html

Note that Lobeer is an area attorney, and has the Posse membership roster. When I checked into this just before McGuinness took office, the Lt. in charge of the reserves didn't even have the Posse membership roster - yet I was given public records responses saying the Posse members were law enforcement therefore I couldn't have the names or other information of the Posse who held CCW.

That, folks, is a "secret police force" totally outside of any rational controls.

Even within that limitation I managed to track a hell of a lot of cash:

http://www.ninehundred.net/~equalccw/sacmoney.pdf

What else...under Craig and esp. Blanas, there was a very high rate of CCW issuance to the local Greek community of which Blanas is a member. Some hay might be made out of that.

Major bonus points if they can get the Colafrancesco Papers into play:

http://www.ninehundred.net/~equalccw...escopapers.pdf

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