[ May 5, 2024 ]
In an extraordinary rebuke of judicial redress, Clinton appointed Judge Denise Cote tried to dismiss our lawsuit against New York City’s ban against protests. I have filed many a free speech lawsuit against various municipalities including New York and never before did I see a judge schedule our hearing almost immediately and try to dismiss it just as quickly – without even giving us an opportunity to present our case. This is a glaring example of how decayed and corrupt the New York political system is.
We filed our appeal Monday and today filed an emergency motion for injunction pending appeal…essentially asking the Second Circuit to do what the lower court would not.
Federal Appeals Court Asked to Stop Mayor de Blasio’s Tyranny
(New York – May 21, 2020) – Late yesterday, the American Freedom Law Center (AFLC), a national public interest law firm, filed an emergency motion for an injunction pending appeal in the U.S. Court of Appeals for the Second Circuit against New York City Mayor Bill de Blasio and his police commissioner.The AFLC-filed motion asks the federal appellate court to immediately reverse Judge Denise Cote’s recent order refusing to issue an immediate injunction forbidding Mayor de Blasio and the New York City Police Department from preventing public group protests in the City.The underlying lawsuit, which was filed on behalf of political activist Pamela Geller, challenges Mayor de Blasio’s recent announcement that, pursuant to his executive orders, the First Amendment no longer applies in the City of New York as he has made it unlawful to peaceably assemble and protest.
Immediately after filing the lawsuit, AFLC filed a motion seeking a temporary restraining order and preliminary injunction to permit organized public protests that abide by social distancing and face mask requirements. Oral argument was heard on that motion last Friday via videoconferencing, but the judge refused to grant the injunction. On Monday, the judge issued her order denying the TRO and entered a final judgment dismissing the lawsuit so AFLC could file an expedited appeal on behalf of Ms. Geller.Ms. Geller is an author, a conservative blogger, and champion for the First Amendment. In addition to successfully challenging government restrictions on free speech in New York, Washington, D.C., Philadelphia, and Seattle, she organized the successful public protest of the Ground Zero mosque construction in Lower Manhattan.But for Mayor de Blasio’s suspension of the First Amendment, Ms. Geller would organize and participate in a public protest of de Blasio’s anti-Jewish bias and against his policies, including the draconian restrictions he has imposed upon fundamental liberties during the COVID-19 pandemic.De Blasio and the police commissioner have taken the position in this lawsuit that individuals acting alone may protest in public. What they cannot do, even if they are careful to observe social distancing requirements, is protest as an organized group. This, of course, renders the protest of one meaningless. Not surprisingly, it is evident that Mayor de Blasio wants to silence effective protests against his irrational and tyrannical edits.As set forth in the motion papers filed in the Court of Appeals yesterday:“Defendants’ assertion that organized public protests are more harmful than other permitted activity (i.e., if the same number of people are incidentally on the public streets and sidewalks at the same time cycling, walking their dogs, or even protesting as individuals) is not based on any hard facts or science. Rather, it is based on speculation. For example, Defendants speculate that protestors will be ‘chanting and yelling,’ which will then cause a greater spread of respiratory droplets. But Plaintiff never claimed she was planning a ‘chanting and yelling’ protest. Even if a group protest called for chanting and the like, are individual protestors acting independently of one another less likely to chant and yell? Do Defendants demand silence from all those who go out in public? Anyone involved in sponsoring protests or policing them knows that an organized protest is more likely to maintain the requisite etiquette than a large number of independent protestors. And moving beyond protestors, do joggers and others exercising strenuously in public not present a similar likelihood of heavy breathing and expectorating? In stark contrast to Defendants’ naked claims of the risk posed by group protests, Plaintiff’s protest will involve the use of signs, particularly since the protestors will be wearing masks, which makes it impractical, if not impossible, to chant or yell.”AFLC Co-Founder and Senior Counsel David Yerushalmi commented:“Mayor de Blasio and his police commissioner have decided to criminalize effective organized public protest by claiming it is a public health risk. This is a classic authoritarian power grab and precisely one the Constitution does not permit. The lower court simply acquiesced to the Mayor’s parade of horribles, turning its back on the First Amendment. We are hopeful the federal Court of Appeals will take a more judicious and penetrating look at the actual evidence and apply a modicum of logic and commonsense.”AFLC Co-Founder and Senior Counsel Robert Muise added:“This pandemic has exposed the true desire of progressive liberals to be tyrants. Conservative-led Red States are opening and progressive-led Blue States are shut down like Communist China. Ever since our founding, America has rejected tyranny and refused to abide by a king. Today, more than ever in my lifetime, our resolve for freedom is being tested. As Patrick Henry famously stated, ‘I know not what course others may take; but as for me, give me liberty or give me death!’ We too must have the resolve of our Founders to reject this new tyranny which has risen from the shadows of this pandemic.”The parties have agreed to an expedited briefing schedule with final papers to be filed no later than Friday, May 29, 2020.
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16 Comments
3 years ago
GO GO Pamela!
Rotten governments have rotten health care:
Virus Hits Democrat-Voting Areas Three Times as Hard as Republican Ones
https://www.newsmax.com/us/virus-hits-democratic-regions/2020/05/21/id/968278/
3 years ago
If a group of foreign and (D)omestic enemies conspired to murder the USA, and worked for a century to set the stage for our downfall, and the whole stinking scheme relied on a traitor in the WH at the right moment, and she lost the election she was supposed to win, how far would they go to cover their tracks and put a traitor in the WH to finish the job before the people figured out what happened?
It’s not possible to rule the globe unless the USA is out of the way. The Democrats don’t swing with globalists for no reason. They are the assassins of the USA. They are the US political power of the old rulers who despise free people. It’s hard to accept what they did and what they are doing with this virus unless/until you accept who they are and what they are really after.
3 years ago
Reply to
spfoam1
A backup plan: Deprivation Of Rights Under Color Of Law
TITLE 18, U.S.C., SECTION 242
https://www.law.cornell.edu/uscode/text/18/242
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States…” Make those guys do time.
3 years ago
Reply to
DemocracyRules
The people who count the votes matter, not the people who vote…or something like that.
In a parallel, the law doesn’t matter, the judges matter. Fill the courts with traitors in robes and the law is meaningless.
Obama saved a lot of judicial appointments for Hillary. Had he stacked the courts with traitors prior to the election it would have made it more difficult to elect her. She would have filled those positions quickly so when the killing started any opposition to it would dead end in the courts run by traitors. The time wasted in the effort to respond within the law would be a death sentence.
I waited a lifetime for the law to stop the flood of cheap workers across the open border. The law was written by traitors so invaders were converted to guests as soon as they violated our border. Enforcement of immigration laws was a token gesture. The border patrol was converted into a welcome wagon. Cities were converted into sanctuaries for invaders. Where was the law? It was just print on paper.
The rule of law was turned into the rules of tyrants. The laws that were supposed to protect, abused. Ya, I’m a little bit bitter.
No matter what, the law will win. If it wins on our side, a lot of traitors will die and a lot of traitors will never see freedom again and a lot of enemies across the ocean will regret the day they became our enemies. Unfortunately, I don’t have another lifetime to wait for the results.
3 years ago
Reply to
spfoam1
Yep, the only shield left for freedom in the world is the country of USA.
3 years ago
Reply to
SeveredSeclusiveIdiom
The freedom in Europe was always an illusion. The freedom in the USA became an illusion, but the idea of it was still alive. They were in the process of murdering the very idea that free people could prosper. They want to write the history of free people as the biggest failure and the cause of the biggest bloodbath in human history. To do so, they needed to use us to murder a lot of other people and they needed to murder us at the same time. To do this they must have the power of the WH. Mass murder using our arsenal against “enemies” would provide cover for our assassination.
3 years ago
Reply to
spfoam1
S1: Are you talking about Waco and Ruby Ridge where the “government GOONS” committed MURDER and ASSASSINATIONS?????
3 years ago
The sensible world is with you, Pamela!
3 years ago
Play this to the Judge,…(Play it thru)
https://i.4cdn.org/gif/1589752893895.webm
3 years ago
I was hoping Pamela to chant and yell in the street (with bodyguards). But nope. Next time. (just kidding)
Anyway, Keep Pamela Great!
3 years ago
Individualism will destroy the collectivist nightmares of islam, communism and democrats.
Make them confortable with individualism, open their eyes, make them think by themselves. Have them feel the warmth of a better life.
Make them read their own dog food like Marx and Mohammad, they will see the flaws and leave the blind collectivism
3 years ago
G-d Bless You Pamela. You will win!
3 years ago
Go get him, Ms. Geller !!! G-d be with you !!!!!
3 years ago
Sadly Pam gave up her power b/c she has an ATTORNEY speaking for her.
Clearly Pam does have standing, status, authority, agency & the capacity to go to go on her own –
is legally blind, as she is unaware of the legal definition of “individual”.
For & on the record – the easiest way to SHUT, PUT DOWN NAZI WARREN WILHELM is to prove he is an
UNAUTHORIZED OFFICER, which makes ALL ACTS VOID.
This is done by getting his Statement & Oath of Office which will be proven to be invalid,
as it is NOT the proper Oath in accordance w/ 4 USC 101.
Sadly Pam’s ATTORNEYS will NEVER go down this road, as ALL ATTORNEYS are LAIRS, THIEVES, TREASONOUS TRAITORS, QUISLINGS & were OUTLAWED in the 13th Amendment.
