Digest Number 987

a message dated 6/12/2010 12:25:01 A.M. Pacific Daylight Time, boltusa@yahoogroups.com writes:
Interesting position to take...."Mr McGrath we censure you for encouraging people to resist an ordinance that the SC Supreme Court finds unconstitutional......" Can one make that argument with a straight face? I'm thinking not.
You are all right. Just because a complaint has been made to the state bar doesn't mean that the complainant has a leg to stand on. And you are right, there is nothing to this one. Even if he had lost he would have been fine as we are encouraged to challenge laws that we consider unlawful and especially when the allegation is that a law is unconstitutional. That's the way the law evolves. Having challenged the law, having won the case, and having obtained a ruling that the law is unconstitutional, is a highly laudable thing among lawyers, the state bar, and judges, just as it is for us. The complaint will not come to anything.

It would be fascinating to find out who filed the complaint. If, for example, it was the city attorney, perhaps a complaint could be made against him, for advising the city that they had authority to enact these statutes. Indeed, it would be interesting to take some testimony in that case to find out precisely the motives of the Mayor and City Council in enacting the ordinances, and if it could be substantiated that these arrogant municipal politicians actually discussed aloud, as some have suggested, that they were really after the black bikers, well maybe that could lead to some serious legal and political consequences. I think it might be worth taking up with the South Carolina Attorney General or possibly the state bar. If you could do some damage to those who sought to fuck with us, well maybe other small time municipal dick heads would consider twice before fucking with bikers again.

This was a solid case as it was presented, and McGrath obtained an unambiguous result against the city. That's what we should always seek in municipal fights, never compromise, never accept a strategy seeking anything but a complete defeat for the city. In that way we discourage other cities from attempting the same.

Ray