Barry Seward Presents: Civil Liberties

Courts Tell Georgia: Stop Charging People to Read the Law

2018-10-25T12:33:00.000-07:00

In a victory for the people of Georgia, a federal appeals court ruled on Friday that the state can no longer charge individuals hundreds of dollars to see the laws that govern them.

To get there, the court relied on a central tenet of American democracy: The government works on behalf of the public.

Quoting the Declaration of Independence, the U.S. Court of Appeals for the Eleventh Circuit wrote, “The concept of popular sovereignty is deeply rooted in our politics, our law, and our history. The seminal statement of America’s political creed boldly proclaims that ‘[g]overnments ... deriv[e] their just powers from the consent of the governed.’”

For decades, Georgia ignored this reality. Rather than make the text of the law freely available, the state pay-walled access to the statutes, court opinions, and annotations that make up its official law.

In 2013, a nonprofit called Public.Resource.Org paid for a copy of the state’s official code and posted it online for free. The state responded to this act of public service by suing the organization for copyright infringement. Rather than give in, Public.Resource.Org argued that Georgia law is in the public domain.

Along with a number of other groups, the ACLU filed a friend-of-the-court brief to support the nonprofit. We argued that the state cannot claim a copyright in its law because copyright vests only in the author of a work — in this case, the public — and because giving the state a private property right in the law would violate the public’s First Amendment right of access as well as principles of due process.

The three-judge panel agreed, writing that under democratic rule, “lawmakers and judges are draftsmen of the law, exercising delegated authority, and acting as servants of the People.” As a result, when legislators and judges produce content, “the People are the true authors.” Or, put even more poetically, “When the legislative or judicial chords are plucked it is, in fact, the People’s voice that is heard.”

In reaching this conclusion, the court added to centuries of precedent holding that, in a democracy, the people are sovereign and so are the ultimate authors and owners of the law. This is the right vision of democracy — and in Georgia, it means the law is finally free.

Response to President Trump Sending Troops to Border

2018-10-25T10:57:00.001-07:00

New York City—In response to today’s announcement that President Trump plans to send eight hundred or more troops to the southern border as a caravan of refugees and migrants approaches, Human Rights First’s President and CEO Mike Breen released the following statement:

The approach of a caravan of migrants that includes refugees fleeing persecution and violence is not a crisis. But President Trump is yet again spreading hatred and fear, hoping to score political points by making Americans fear refugees. The president’s decision to deploy the military when civilian border enforcement personnel are able to do the job is a cynical tactic designed to fabricate a sense of emergency as elections approach. The president should not be using the military to further a partisan agenda.
The United States is more than capable of carefully processing a few hundred men, women, and children, and determining who among them have asylum claims that should allow them to live in safety and freedom in this country. The American people know this and see through the president’s naked attempt to sow division and fear.

Judge Temporarily Blocks Georgia Election Officials from Throwing Out Ballots

2018-10-24T18:08:00.002-07:00

ATLANTA — A judge has issued a temporary restraining order blocking election officials in Georgia from throwing out absentee ballots or applications for a supposed signature mismatch without giving the voter an opportunity to contest the determination and confirm their identity.

The ruling stems from an American Civil Liberties Union lawsuit against Secretary of State Brian Kemp and county registrars.

At issue is a state law that allows election officials — who have no handwriting-analysis expertise — to reject an absentee ballot if they think there is a signature mismatch in the voter’s paperwork, without giving prior notice to the voter or an opportunity to contest that determination.

Sophia Lakin, staff attorney with the ACLU’s Voting Rights Project, had this reaction to today’s ruling:

“This ruling protects the people of Georgia from those who seek to undermine their right to vote. It’s a huge victory, especially with the midterms just days away.”

The ruling is at: https://www.aclu.org/legal-document/order-granting-temporary-restraining-order

More information is at: https://www.aclu.org/cases/georgia-muslim-voter-project-v-kemp

ACLU Fights for Voter Rights in Georgia

2018-10-23T10:26:00.000-07:00

ATLANTA — The American Civil Liberties Union and ACLU of Georgia filed a lawsuit today against Secretary of State Brian Kemp and all county registrars demanding they provide due process for Georgia voters whose absentee ballots or applications are being rejected due to an alleged mismatch of signatures.

The case was filed on behalf of the Georgia Muslim Voter Project. At issue is a state law that allows election officials — who have no handwriting-analysis expertise — to reject an absentee ballot if they think there is a signature mismatch in the voter’s paperwork, without giving prior notice to the voter or an opportunity to contest that determination.

The ACLU is seeking a temporary restraining order requiring election officials to provide absentee voters the opportunity to confirm their identity or otherwise resolve the alleged discrepancy.

The lawsuit notes that a voter’s signature could vary for a “variety of reasons, both intentional and unintentional. Unintentional factors include age, physical and mental condition, disability, medication, stress, accidents, and inherent differences in a person’s neuromuscular coordination and stance. Variants are more prevalent in people who are older, disabled, or who speak English as a second language.”

Sophia Lakin, staff attorney with the ACLU’s Voting Rights Project, said:

“People should not be denied their right to vote because of penmanship, but that’s exactly what is happening in Georgia. With an election on the horizon, we should be protecting voters, not denying them the opportunity to ensure their vote is counted.”

The complaint is at: https://www.aclu.org/legal-document/georgia-muslim-voter-project-v-kemp-complaint

Washington State Attorney General will sue to keep Net Neutrality

2017-12-14T15:41:00.001-08:00

SEATTLE — Attorney General Bob Ferguson released the following statement on today's Federal Communications Commission vote to repeal net neutrality.

"Yesterday I sent a letter to the FCC asking them to delay their vote gutting net neutrality. Unfortunately, they did not.

"Today, I am announcing my intention to file a legal challenge to the FCC’s decision to roll back net neutrality, along with attorneys general across the country.

"We are 5-0 against the Trump Administration because they often fail to follow the law when taking executive action. There is a strong legal argument that with this action, the federal government violated the Administrative Procedure Act — again.

"We will be filing a petition for review in the coming days.

"Allowing internet service providers to discriminate based on content undermines a free and open internet. Today’s action will seriously harm consumers, innovation and small businesses.

"I was proud to stand with Gov. Inslee yesterday when he announced that Washington state will step up to protect consumers in light of this disappointing federal action. I commend him for his leadership and look forward to continuing to work with him to that end."

-30-

The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

Contacts:
Brionna Aho, Communications Director, (360) 753-2727; brionna.aho@atg.wa.gov

Medical Marijuana Victory for ACLU

2017-12-14T15:17:00.000-08:00

December 14, 2017 Press Release for ACLU

PHOENIX –Maricopa County Attorney William Montgomery has decided not to challenge the most recent ruling upholding Arizona’s Medical Marijuana Act, as the deadline of December 11 to seek review by the United States Supreme Court has passed. In 2016, the Arizona Court of Appeals found in favor of a Sun City medical marijuana dispensary, ruling that federal law prohibiting marijuana does not void Arizona’s Medical Marijuana Act and that the county and state should therefore allow the dispensary to continue operating. The American Civil Liberties Union and the ACLU of Arizona represented the White Mountain Health Center on this issue of federal preemption.

Emma Andersson, the ACLU’s lead attorney on White Mountain Medical Center v. Maricopa County and staff attorney with the ACLU’s Criminal Law Reform Project, had this response:
“From the beginning, Maricopa County Attorney William Montgomery was clear about his intentions with this case—he wanted to shut down medical marijuana in Arizona and throughout the country. He spent five years in litigation, trying to use federal law as a cudgel against the will of voters in his own state and across the country. His effort failed.

“As he waged his futile battle in the drug war, White Mountain and Arizona’s other dispensaries continued their good work, providing crucial medicine to people with debilitating conditions. That is what Arizonans wanted when they voted for medical marijuana access in 2010. Today, finally, medical marijuana is safe in Arizona.”

For the 2016 Arizona Court of Appeals ruling and other information about White Mountain Medical Center v. Maricopa County:
https://www.aclu.org/cases/white-mountain-health-center-v-maricopa-county
For more information about the ACLU’s Criminal Law Reform Project:
https://www.aclu.org/issues/criminal-law-reform
For more about the ACLU of Arizona:
https://www.acluaz.org/

Net Neutrality Ruling by FCC

2017-12-14T15:13:00.003-08:00

December 14, 2017 ACLU Press Release

WASHINGTON — The Federal Communications Commission voted today to implement Chairman Ajit Pai’s plan to end net neutrality.
Net neutrality prevents internet service providers from prioritizing data for businesses and other organizations that they favor or that pay more. The rules keep the internet open, free, and unrestricted, preventing ISPs from becoming gatekeepers that can control and manipulate what people access on the internet.

Jay Stanley, American Civil Liberties Union senior policy analyst, said:
“Since the end of the dial-up era, the FCC has enforced network neutrality principles and helped create the internet as we know it. Today’s misguided FCC action represents a radical departure that risks erosion of the biggest free speech platform the world has ever known.

“Today’s loss means that telecommunications companies will start intruding more on how people use the internet. Internet service providers will become much more aggressive in their efforts to make money off their role as online gatekeepers.
“But the fight for network neutrality is not over by any means. The ACLU and our allies will be fighting back in every possible arena to restore these crucial protections.”

Racist Southern Baptist Church Members Stop Wedding

2012-08-01T11:03:00.000-07:00

Photo Courtesy of WLBT/AP Photo

Are some Southern Baptists in Mississippi living back in the 1800's? Apparently so.

Charles and Te'Andrea Wilson are now happily married no thanks to some of the congregants of the First Baptist Church in Crystal Springs, Mississippi.

The couple, attendees of the First Baptist Church for over a year, were told just two days before they were to be married that members of the church had persuaded Pastor Stan Weatherford to not marry them in the church that they attended.

Although not official members they were planning to join after the wedding in part because Te'Andrea Wilson's uncle is an employee of the church, and her father is a member.

What possible reason would a church turn away these soon to be members just days before they were to celebrate one of the happiest days of their lives? Was it because they were not compatible. No. Was it because they could not afford to rent the space? Absolutely not. I'll tell you why they were turned down, it was because they were African American. What? Yes, They were denied being married because of the color of their skin.

No, that can't be right. Yes it is...This couple had to relocate there wedding to a Methodist Church down the road because since the Church was founded in 1883 there has never been a black wedding.

Pastor Stan Weatherford feared that if conducted the wedding he would lose his job because many of the members did not want the Wilson's wedding to be first African American wedding held at the church.

Dear Pastor: Seriously? How can you lead if you don't have a voice? How can you walk if you don't have a spine? How can you see what's right if you are to busy listening to the voices of prejudice that you are apparently surrounded by. Take a stand. Pastors, leaders, parents and teachers are faced with many challenges that shape there lives. Apparently you have taken on the shape of a slimy amoeba. Yes amoeba's have no shape but I digress.

Here are a few recent statements from Charles Wilson.

"My 9-year-old was going to the church with us. How would you say to your 9-year-old daughter, 'We cannot get married here because guess what sweetie, we're black'?" said Charles Wilson in an interview with ABC's Jackson affiliate, WAPT-TV. When talking to USA Today Charles Wilson stated, "I feel like it was blatant racial discrimination."

When I woke up this morning I looked at my calendar and could have sworn it said 2012 and not 1812. What was wrong in the 1800's is still wrong today.

Dear readers: I wanted to write about this last weekend when I learned what happened but figured that it was always best not to write an article in anger...Well, I waited all this time and guess what, I am still very, very angry. In fact, I am probably even angrier.

I am curious..what do you think? Please leave your comments below.

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Should non-citizens be allowed to carry a concealed gun?

2012-07-28T12:18:00.000-07:00

The Second Amendment Foundation has filed a federal lawsuit on behalf of a Canadian citizen who is a legal resident of Missouri, challenging that state's statutory prohibition on the carrying of concealed firearms by non-citizens.

The case seeks to overturn the state's non-citizen concealed carry ban on constitutional grounds, specifically the Second Amendment right to keep and bear arms, and the 14^th Amendment's equal protection clause. The plaintiff is Edward F. Plastino, a Canadian citizen and Status Indian, based on his partial Chippewa heritage. He has lived primarily in this country since 1995, and in Missouri since 2006. SAF and Plastino are represented by attorneys Matthew Singer of St. Louis and David Sigale of Glen Ellyn, Ill.

"This is a case similar to our successful lawsuits against the City of Omaha and Washington State, and our current action in New Mexico, challenging local gun laws that discriminate against legal resident aliens," said SAF founder and Executive Vice President Alan Gottlieb. "Mister Plastino can legally carry a firearm openly in Missouri, but he cannot legally conceal a firearm for personal protection. That simply does not make sense."

Plastino was in Mississippi during Hurricane Katrina and its immediate aftermath, but his employer transferred him to St. Louis and then to St. Charles, Mo.

"Mr. Plastino would carry a concealed firearm for personal protection," Gottlieb said, "except that he realizes he could face prosecution, fine and imprisonment, and other repercussions because he is a non-citizen."

Defendants in the case are Missouri Attorney General Chris Koster and St. Charles County Sheriff Tom Neer, in their respective official capacities.

"Mr. Plastino has lived and worked in the United States for more than a decade," Gottlieb noted. "His case represents the plight of untold numbers of legal resident aliens who have demonstrated their willingness to be good members of their communities and abide by our laws. It seems only right to allow them the same protections as our citizens against people who do not abide by our laws."

What do you think, should he be allowed to carry a concealed weapon or should that right only apply to naturalized citizens?

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Stockton Police Chief allegedly used Diploma Mill

2012-07-26T20:39:00.000-07:00


Blair Urling Accused of Using Diploma Mill Photo Courtesy of Recordnet.com

This has been a weird week here in Spokane WA where I live. Our Mayor, David Condon, who is doing a great job in his first couple hundred of days in office has had a few setbacks recently in his search for a new Police Chief.

Last week the search team narrowed down their search to four candidates and it is now down to three because Blair Urling, the former Police Chief of Stockton California, submitted a resume that stated he graduated from La Salle University with a Bachelor of Science Degree in Administration of Justice in 1997 and a Master of Science in Law Enforcement Management in 2002. His resume states that he graduated Summa cum Laude.

Unfortunately for Urling, the "real" La Salle University (the Catholic University in Philadelphia) doesn't offer those degrees and diploma mill experts believe it's a fake and could have been purchased for as little as a two thousand dollars for both a bachelors and advanced degree.

In 1996 the FBI raided the fake LaSalle University and found 3 faculty members for the 15,000 students that were, uh, earning a degree.

The Tmes-Picayune in New Orleans reported that Thomas James Kirk, who ran the LaSalle diploma mill, received about $36 million from churning out fake degrees. Prosecutors convicted Kirk of 18 federal crimes, including mail fraud and tax violations.

The funny thing is Urling probably had no idea that in Spokane we had fired a bunch of police officers for using phony degrees to advance their career. Fortunately for the citizens of any city in which he applies in the future he is going to have a tough time finding a job as a Police Chief because this lie will be easily found with a simple Google search.

Stockton, which many argue is the armpit of California, has recently filed for bankruptcy and in need of money. Do you think that they should sue him for some of his back pay? Do you think that civil or even criminal charges should be brought against him or do you think that the broke city of Stockton should just let bygones be bygones? I am really curious to hear what you think.

You can read more posts at Barry Seward.

Supreme Court will Review Edie Windsor’s Challenge to “Defense of Marriage Act”

2012-07-16T13:36:00.000-07:00

DOMA Cases are being reviewed

Edith “Edie” Windsor, who sued the government for failing to recognize her marriage to her late spouse, Thea Spyer, asked the U.S. Supreme Court today to hear her challenge to the so-called “Defense of Marriage Act” (DOMA).

The petition for certiorari was filed on Windsor’s behalf by her attorneys at Paul, Weiss, Rifkind, Wharton & Garrison LLP, the American Civil Liberties Union, the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.

In June, a federal district judge in New York ruled in Windsor’s favor that section three of DOMA unconstitutionally discriminates against married same-sex couples. The Justice Department and the leadership of the House of Representatives recently asked the Supreme Court to hear DOMA challenges in two other cases, including a case, like Windsor’s, that is still pending in a federal appeals court.

“With Edie’s case and the two others, the high court has before it striking illustrations of the many different harms that DOMA inflicts on many thousands of married same-sex couples all across the country,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. “Edie and Thea got married after making a life-long commitment to each other, and it’s just wrong for the government to pretend that they were legal strangers.”

Windsor and Spyer lived together for more than four decades in Greenwich Village. Despite not being able to marry legally, they were engaged in 1967. In 1977, Spyer was diagnosed with multiple sclerosis, and Windsor helped her through her long battle with that disease. They were finally legally married in May 2007.

When Spyer died in 2009, she left all of her property to Windsor. Because they were married, Spyer's estate normally would have passed to Edie as her spouse without any estate tax. But because of DOMA, Windsor had to pay more than $363,000 in federal estate taxes. Payment of the federal estate tax by a surviving spouse is one of the most significant adverse impacts of DOMA since the amount owed, as was true in this case, is often quite substantial.

“Edie Windsor, who recently celebrated her 83rd birthday, suffers from a serious heart condition,” said Roberta Kaplan, a partner at Paul Weiss and counsel to Windsor. “Because the District Court’s ruling in her favor is entitled to an automatic stay of enforcement, Edie cannot yet receive a refund of the unconstitutional estate tax that she was forced to pay simply for being gay. The constitutional injury inflicted on Edie should be remedied within her lifetime.”

“The impact of DOMA is felt most dramatically today here in New York,” said NYCLU executive director Donna Lieberman. “At least 10,000 same-sex couples have been married in New York since our marriage law went into effect. But DOMA subjects gay and lesbian married New Yorkers to a form of second-class citizenship. All married couples should have their marriages respected by the federal government, once and for all.”

In the meantime, Windsor will continue to defend her victory before the U.S. Court of Appeals for the Second Circuit, which has agreed to hear her case on an expedited basis.

More on this case can be found at the ACLU website.

Read the full petition here.

Sunday Funnies July 15 2012

2012-07-15T13:55:00.003-07:00

Sunday Funnies

Hello friends. Today is the fun day at Barry Seward Presents. I love sharing funny Tweets, Facebook and Google plus pics! If you have funny pics that are all ages appropriate please send them to me to post or add your jokes in the comment section!

As they said in the 20's...see you in the funny papers.

Twitter:

‏@Demented_Jokes

The wife and I decided to flip a coin to see what our newborn son should be called. He's called Tails.

‏@FamilyGuyTweets

The good thing about having a bad memory is that jokes can be funny more than once.

‏@PrachiRai

My mom "Send me some jokes." me"I'm studying at the moment,I will send you one later." she replied,"That was fantastic,send me another one"

‏@hudsonism

Telling Amish jokes on the Internet is about as fair as playing dodgeball with a baby.

‏@lynfredwinery

It's no longer 'box wine'. The classy term is cardboardeaux'.

Facebook:

Google Plus:

Shared by Fungole

This was shared by Funny Pictures and Video

And finally the obligatory cat picture.......

Shared by Sharon Leggett

I hope you enjoyed the Sunday Funnies and look forward to your comments and if you liked us...please "like" Barry at Facebook and Google Plus!

You can also follow our blog by using the Google or Networked blog links to the left!

Thanks again for reading and we'll share again tomorrow!

For more posts please visit Barry Seward Presents

Cuba Receives First US Shipment in 50 Years

2012-07-14T13:42:00.002-07:00

Ana Cecelia Enters Havana Bay Cuba. Photo Courtesy of Aljazeera

Humanitarian Aid delivered to Cuba

The Ana Cecilia, a 300 foot ship that can hold 16 containers of supply, sailed from Miami into the Cuban harbor of Havana Bay shortly after 7 AM local time yesterday and brought with it humanitarian goods from relatives in the United States.

I found it interesting to learn that many kinds of humanitarian aid can be sent from those exiled including vehicle parts, generators, construction materials, food, medicine and medical supplies including orthopedic mattresses which was included on this, this maiden voyage.

Shipper, International Port Corp. was granted a special permit from the US to begin trading and will try to make this a weekly service every Wednesday between the US and Cuba.

The trip between Miami and Havana is only 16 hours but this particular trip seemed like a lifetime in the making. In fact, for those born after 1961 it has been a lifetime.

International Port Corp. spokesman Leonardo Sanchez-Adega stated "This is so wonderful," after the ship finally docked following a delay of several hours due to an error in customs paperwork that was submitted to the Cuban authorities.

Cuban born Congresswoman Ileana Ros-Lehtinen states that the Ana Cecilia is in violation of the Helm-Burton Law which requires all trips that travel to Cuba to wait 180 days before they can touch American shores. She has strongly criticized this trip.

Congress has looked at embargo issues for quite some time but President Barack Obama has taken the first step by easing some travel restrictions and allowing Cuban Americans to send unlimited remittances (financial transfers) to relatives still in Cuba. Since roughly 1.2 million displaced Cubans now live in America this is extremely significant.

Although remittances, humanitarian aid and some travel have been eased their are still hurdles in both the US and Cuba that need to be jumped.

Less than three years ago,in December 2009, Alan Gross, a US contractor with Development Alter, was arrested by Cuban Police for distributing laptops and communications equipment to members of Cuba's small Jewish community under a US State Department contract.

Gross was accused of being an American Spy and that he was setting up a communication infrastructure for Cuban dissidents. He is now serving a 15 year prison sentence at Havana's Villa Marista Prison.

His arrest, and the arrest of others has created serious strains in American Cuban relations.

Pope Benedict XVI weighed in on the embargo in March by stating, "May no one feel excluded ... from taking up this exciting search for his or her basic freedoms, or excused from this by indolence or lack of material resources, a situation which is worsened when restrictive economic measures, imposed from outside the country, unfairly burden its people," the pontiff said.

The embargo has not worked. It is time to allow all Americans to visit and trade with Cuba...that is how change will be made and when I will finally be able to munch a real Ropa Vieja. C'mon Congress, I am hungry!

For more posts please visit Barry Seward Presents.

Police Track Citizens with Phone's GPS

2012-07-10T12:47:00.001-07:00

For $50 police can track your whereabouts and in most cases they don't need a warrant but a simple subpoena.

The problem is that by having a cell phone you also carry with you a tracking device that pings your location to the nearest cell tower a few times a minute. Most Americans have a cell phone.

Imagine if you were running for public office and you knew exactly how many times your opponent went to church, visited the wrong side of the tracks, visited a liquor store, strip club or was at home.

Sure your opponent might not do anything illegal but you would have a pretty clear idea of how he/she spent there time and I am sure that your election team would find that information useful. That is the information the phone companies supply police.

There are some companies online that offer to provide that information to the public as well.

“Location data for cops is like a kid in a candy store,” said Mark Rasch, former head of the Justice Department’s Computer Crime Unit. “It’s a wonderful investigative tool which is highly intrusive of personal liberty and our rules on privacy, and rules governing access to this are not only antiquated but confusing and conflicting. Add to that a profit motive by carriers, and lack of sufficient oversight on law enforcement access to the records, and you have a prescription for, at a minimum, violations of civil liberties.”

In the case of The United States V Jones the Supreme Court ruled that GPS tracking violates civil liberties.

A New York Times story today revealed that telecommunications companies are receiving more far-reaching cell phone information requests from law enforcement than ever.

The companies revealed they have received approximately 1.3 million such requests for customer information just in 2011. The information was provided in response to letters from Reps. Edward Markey (D-Mass.) and Joe Barton (R-Texas).

Bills that would require a warrant for location records, both named the Geolocation Privacy and Surveillance (GPS) Act, are currently pending in the House and Senate. The ACLU strongly supports the legislation, which was introduced by Sen. Ron Wyden (D-Ore.) and Rep. Jason Chaffetz (R-Utah).

“Whether they realize it or not, Americans are carrying tracking devices with them wherever they go. Today’s new information makes it clear that law enforcement has carte blanche to follow the trail they leave behind,” said Christopher Calabrese, ACLU legislative counsel. “The cell phone data of innocent Americans is almost certainly swept up in these requests.

Without clear safeguards and standards for how law enforcement gathers and stores location information, there is a massive privacy gap that leaves all of us vulnerable. It’s time for Congress to get serious about protecting our cell phone data and pass the GPS Act.”

Here is a link that will show what the different phone/internet companies need to provide information to police. Thank You Katherine Lewis Parker at the ACLU for acquiring this very interesting information.

You can make your voice heard on this issue by sending a letter to the US Senate and House urging them to support the GPS Act sponsored by Sen. Ron Wyden (D-OR) or Rep. Jason Chaffetz (R-UT)

For more posts please visit BarrySeward.com

Jailed for Warning Others of Speed Trap

2012-07-09T11:24:00.005-07:00

Natalie Plummer was arrested and taken to jail because she warned others of speed trap ahead.

Natalie Plummer say she was falsely arrested for warning drivers that Houston Police had set up a speed trap.

Plummer told the Houston ABC affiliate KTRK that "I was completely abiding by the law," she said. "I was simply warning citizens of a situation ahead."

After grocery shopping Plummer headed home on her bicycle when she saw the cops engaged in a speed trap. She hastily wrote SPEED TRAP on grocery bag and waved it at passing motorists.

A few minutes later an officer drove up and handcuffed her.

"He was telling me he was taking me to jail for obstructing justice, that was an automatic three to five years," Plummer told reporters, "I was completely abiding by the law. I was simply warning citizens of a situation ahead."

Plummer spent about 12 hours in jail before she was able to post bond.

She was arrested for “walking in the roadway where there is a sidewalk present." She denies ever leaving the sidewalk and it appears that this was simply a way to get her to stop alerting others of the speed trap ahead.

"He couldn't take me to jail for holding up this sign or he would have. So all he could do was make up something fake about it."

At BarrySeward.com we say..."you go girl" (in a very masculine way). Actually we mean... Fight the Power! I am sure the drivers that you saved from a speeding ticket feel the same way!

Similar cases in Florida have found judges ruling that flashing headlights to warn drives of an upcoming speed trap is protected under 1st amendment rights.

In Washington State, where I live, drivers may be fined $124 for flashing their high beams within 400 feet of another vehicle for any reason.

To read more posts visit BarrySeward.com

Sunday Funnies

2012-07-08T12:28:00.000-07:00

Sunday Funnies

Welcome to this weeks Sunday Funnies. Here are some Tweets, Facebook Messages and Google +'s that I have read that will hopefully cheer up your Sunday. If you like this as well please Google + us, Like us or tweet the link! And please be one of the first subscribers to this blog!

Tweets

‏@CleverHumor

You discover a bruise...The first thing you do is think "how did I get this?". The second thing you do? Poke it.

‏@CleverHumor

*Toddler thinks to himself* Olive oil is made of olives? Than... Baby oil is made of.. OMG! (° _ °)

‏@shitmydadsays

"No. Aliens exist, I just don't think they came millions of light years just to see earth. Be like driving 1000 miles to go to an Arby's"

‏@FunnyJokeBook

Our phones fall, we panic. Our friends fall, we laugh.

Facebook

Both Pictures can be found at Fun Pictures on Facebook

This picture cracks me up and can be found at Funnies Stuff

Google +

You can Google + both of these pictures at Funny Jokes

For more of our regular posts please visit us at BarrySeward.com

Supreme Court Ends Term with Immigration and Health Care Rulings

2012-07-07T13:17:00.000-07:00

Supreme Court Ends Term with Immigration and Health Care Rulings

Week in Review July 7th 2012: LifeGuard Fired for Saving Life, Coach Banned for Donating too much Money

This past week had a lot of interesting story lines from the Supreme Court rulings to a coach being banned because he donated too much money to his school and a lifeguard fired for saving a life.

First I wanted to follow up on two of the Supreme Court Rulings.

Here is what the ACLU released:

Defying many post-argument predictions, Chief Justice Roberts held that Congress had not exceeded its constitutional authority when it enacted the so-called individual mandate, requiring everyone either to purchase health insurance or make an additional payment on their federal taxes. Unfortunately, the Court’s decision does make it easier for states to reject federal dollars intended to extend Medicaid coverage.

“We welcome the Court’s decision, although we are disappointed by the Medicaid ruling,” Shapiro said. “Health care is a national problem and the national government must be empowered to address it. It would have been a major step backward for the Court to rule otherwise.”

The Court also reaffirmed the ultimate authority of the federal government to regulate immigration in Arizona v. United States when it struck down 3 provisions of Arizona’s S.B. 1070 on the theory that they were inconsistent with federal law. Significantly, however, the one challenged provision of S.B. 1070 that the Court did not strike down was the “show-me-your-papers” provision that has generated so much attention and controversy. The Court acknowledged that the provision raised legitimate concerns about racial profiling and detention but chose not to address them pending the outcome of further litigation.

“S.B. 1070 reeks of racial discrimination,” Shapiro said. “The Court’s unwillingness to confront that reality in this decision is disappointing and will have real human consequences. At the same time, the Court correctly anticipated that the discrimination issue can and will be litigated in other cases, including ongoing litigation brought by the ACLU and other civil rights groups.”

Here at BarrySeward.com we are excited that the California Senate passed an Anti-Arizona immigration bill that is headed to Gov. Jerry Browns Desk. He is expected to sign it.

The bill shields immigrants from being detained and deported for minor offenses. San Francisco Democratic Assemblyman Tom Ammiano wrote AB1081 because he believes that a federal policy forcing officers to check immigration status wastes time and resources that could be used for other purposes. Another benefit of the bill is that it will build trust for those that want to report serious crimes but are concerned about being deported.

In other news this week, Coach Scott Cate the former Cottonwood High Coach has donated a generous amount of time and money to help students excel. In return, he was banned from being a part of the team. The reason is that the school district doesn't want a pay for play scenario occurring, however, in Cate's case he wanted nothing in return. Common sense should prevail and if, like in this case, the volunteer has nothing to gain the school should be allowed to file an individual waiver to allow them to receive the donations of both time and money.

Finally this week, Lifeguard Tomas Lopez was fired for sprinting 1,500 feet to save the life of a victim that was turning blue. You can read more about this incident at the link above but the management company finally came to its senses and offered him his job back. He declined. As did others that were fired/quit because they also would have tried to save the life of someone that was in an area not technically protected by lifeguards.

Another lifeguard told local tv station WPTV , "They sat me down and told me that my answer will determine if I get to keep my job or not," said Travis Madrid, 20. "When I told him I would do the same thing that Tommy did, they told me I was dismissed. I don't want to work for a company like that."

The owner of the aquatic management company is looking into management and determining if action will be taken against them for the firing.

Thank you for reading BarrySeward.comRead more here: http://www.fresnobee.com/2012/07/05/2899968/lawmakers-approve-anti-arizona.html#storylink=cpy

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Florida Lifeguard Fired for Saving Life

2012-07-05T15:16:00.000-07:00

Lifeguard Tomas Lopez Fired for Helping to Save a Life

As a former lifeguard in California I was shocked when I read that Jeff Ellis Management fired 21 year old lifeguard, Tomas Lopez, for sprinting 1,500 feet past a swim at own risk sign to save the life of a drowning man.

I was less shocked when at least 3 of his coworkers quit in a show of solidarity for Tomas and disgust for the management company that fired others who would also choose life over location.

The website for Jeff Ellis Management states that "our clients put safety first." Really? If safety was put first than the man should be given a medal instead of a ticket to the unemployment office. I know that I am not the only person that is frustrated that Tomas saved a man turning blue only to be rewarded with a pink slip. Wow.

The company released a statement that "liability issues" is why lifeguards are instructed to call an ambulance instead of providing lifesaving help to somebody who doesn't have the luxury of waiting 10 minutes for paramedics to arrive.

In my opinion there should be liability issues if a trained lifeguard doesn't do what he/she can to help.

While Doctors take the Hippocratic oath it appears that Jeff Ellis Management takes an oath of hypocrisy.

I am happy to report that the city of Hallandale Beach Florida is reconsidering its decision to outsource who manages the lifeguards.

Update: Sun Sentinel reports that Tomas was offered job back and declined.

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Coach Fired for Giving School Money

2012-07-04T12:56:00.000-07:00

Scott Cate Fired at Utah's Cottonwood High School

Offensive coordinator Scott Cate was fired for being too generous.

According to The Salt Lake Tribune, Granite School District in Utah passed the "Cate" rule which bans donors from coaching so the district will have more transparency in donations.

Cate not only donated his time to coach but since 2000 he also donated over $ 4 million dollars that he earned from selling an international telecommunications company that he built. Cottonwood High School used those donations to improve the weight room, press box and funded a brand new "turf" field for the student athletes and an after school tutoring program.

Cate has invested in the tutoring center by paying for advanced degrees for people that would commit to working at the school for five years. Cate "was" working hard to really develop the student athlete at Cottonwood High School.

Some of his students have transferred in with F grades that are now earning A's. Some kids were involved with gangs who are now solid citizens. Cate stated that he want's to not just teach football but life skills for the students.

Cate, former quarterback at the University of Utah, initially became involved with the Colts when his sons began to play there. Alex, his youngest son graduated in 2006 and than played for Oklahoma State, however, Cate still stayed at Cottonwood High School and dug in deep to mentor and coach students at the school.

Here is the statement that the Granite School District released:

With growing concern we have carefully watched audits and investigations proceed at high schools around the state. We have similarly participated in Utah State Office of Education trainings regarding state procurement laws and the state Ethics Act in the wake of those audits and investigations. In order to avoid conflict with applicable laws and statutes, the Board of Education of Granite School District is in the process of adopting a donations policy.

The policy follows the approach tried and proven by colleges and universities. While welcoming donations, record of the donations and their circumstances will be carefully documented. Similarly, boosters, foundations and donors will be recognized as appropriate yet will be invited to sit in the auditorium or stands, rather than participate on staffs or on the field.

While the policy has applicability across the district, it will have a specific effect at Cottonwood High School. Over many years Scott Cate and the Cate family have participated more than generously at Cottonwood – providing for facilities, equipment and opportunities in a broad variety of activities at the school. Additionally, the Cates have helped individual students personally, academically and even in the pursuit of higher education. The generosity has not ended despite the graduation of the Cate children from Cottonwood High School.

Recognizing systemic changes that need to be made, it will certainly be a change to see and hear Scott cheering from the bleachers or stands, rather than hear him bark encouragement from the sidelines at practice or during a game. In all sincerity, we thank the Cate family for their unparalleled contributions to Cottonwood High.

It seems to me that schools all across the country are looking for donations of both time and money that can be used to guide and teach students in a positive manner. Isn't that what Cate did?

The district obviously had Scott Cate in mind when they released the statement since they mentioned him by name. Good Luck hearing him cheer on the sidelines. He has decided to move on to either mentor quarterbacks himself or move to a district that doesn't have this rule.

Scott, I am a graduate of Del Campo High School in Fair Oaks Ca and I am sure that they would be thrilled to have your support!

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I look Canadian...will I have to show my ID in Utah?

2012-07-03T15:38:00.001-07:00

"Reasonable Suspicion" could make you show proof of citizenship.

In addition to my American Dialect, I speak three languages, English, Canadian and Australian and I am worried about being jailed because I might accidentally leave my ID at home when I go to the store to buy milk, bread and an American Flag for Independence Day.

Last week the Supreme Court let stand the most controversial portion of Arizona's anti-immigration law that requires those detained to show proof that they can legally walk on US soil if an officer has "reasonable suspicion" that they aren't in Americas melting-pot legally. If the accused can't show proof that they are in the US legally they can be detained..aka arrested and thrown in a stinky, filthy jail. (OK, they might not ALL be stinky or filthy) What happened with innocent until proven guilty?

Huh? What is reasonable suspicion? Is it the color of somebody's skin? Is it if they have an accent? Is it if they have a 3-1 ratio of Taco Bell to McDonald's garbage in the back seat of the car? Does a gun rack on a pickup truck with a confederate flag give you a pass?

Did you know that 5 other states have already passed laws that are similar to Arizona's Law; Alabama, Georgia, Indiana, South Carolina and Utah. That is just embarrassing...nobody like a copycat.

OK, I am afraid to travel in Utah and not just because I am afraid of running into Mitt Romney supporters but for fear of being labeled a Canadian. Oh wait that is silly, the law is obviously an attempt at reaching out to our Mexican friends and letting them know how much we appreciate them by allowing our officers to get to know them personally. If this law was enforced because Donald Trump or Mitt Romney looks English, I would suspect that the law wouldn't be in existence now.

C'mon America...we are better than legally allowing (actually forcing) our police men and women to racially profile people based on skin color.

Here is a link to the Supreme Court Decision. Tell me what you think.

Give Me Liberty Or Give Me Death!

2012-07-03T14:33:00.000-07:00

Give Me Liberty or Give Me Death!

With Independence Day tomorrow I wanted to post a speech that is important to our freedom. This is what this blog will continue to protect...freedom. We will continue to follow the words of Patrick Henry Give Me Liberty or Give me Death.

Give Me Liberty or Give Me Death!

March 23, 1775
By Patrick Henry

No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the house. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve. This is no time for ceremony. The question before the house is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at the truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the numbers of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.

I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the House. Is it that insidious smile with which our petition has been lately received?

Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlement assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne! In vain, after these things, may we indulge the fond hope of peace and reconciliation.

There is no longer any room for hope. If we wish to be free--if we mean to preserve inviolate those inestimable privileges for which we have been so long contending--if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained--we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us! They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable--and let it come! I repeat it, sir, let it come.

It is in vain, sir, to extentuate the matter. Gentlemen may cry, Peace, Peace--but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

Here we go again!

2012-07-02T12:21:00.001-07:00

Hello Friends,

Thank you for coming back to BarrySeward.com and engaging in not just a debate on civil liberties and human rights but actively protecting the principles that are necessary to protect it.

We will discuss civil liberties in its many forms, human rights, free speech, racial injustice and much more. I am looking forward to engaging in debates and shedding more light on injustices that have been glossed over.

From this point forward BarrySeward.com is your blog/website/news channel to learn, share and discuss what is important to you.

Thank you for coming back,

Barry Seward

Barry Seward

2012-01-22T12:01:00.000-08:00

This blog is being reserved for a new blog that will premier in July 2012. Stay tuned as we return to analyze injustices made to our civil liberties and transgressions made to human rights nationally and internationally.