Category Archives: First Amendment

Lawsuit forces CA homeowners’ association to allow Christian groups in senior community

In America’s ongoing culture war, in which the Left and anti-Christians have won too many battles, conservatives and Christians must fight back, with lawsuits if necessary.

A few Christians in a California retirement community did just that — and won.

Solera at Kern Canyon (by Del Webb) is a senior (“active adults” 55 and over) community of 558 homes in Bakersfield, California, where the cost of a single-family home ranges from the low $200,000s to high $200,000s.

Solera has a community center where residents meet, including four popular Christian groups: a Sunday morning worship service, a men’s Bible study group, and two women’s Bible studies groups. About 100 residents attend the groups every week.

In 2016, just before Thanksgiving, Solera’s homeowners’ association (HOA) suspended the group meetings following a complaint from one atheist resident. 

A member of the Sunday worship service and men’s Bible studies filed suit, and the HOA lifted the suspension in late December. The HOA, however, continued to insist that it had done nothing wrong and has the authority to suspend the groups again at anytime. So litigation continued throughout 2017 and early 2018.

Pacific Justice Institute (PJI) is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious (read: Christian) freedom, parental rights, and other civil liberties.

In Spring 2018, Pacific Justice Institute intervened in the suit on behalf of the leaders of Solera’s four Christian groups. In collaboration with Bakersfield attorney Doug Gosling of Braun Gosling, PJI argued that, although the homeowners’ association was not directly subject to the First Amendment, it owes residents similar obligations under California’s civil rights laws.

The case was scheduled for trial in mid-May. On March 12, 2018, the parties met for mediation that culminated in the HOA agreeing to a number of concessions that will protect the seniors’ religious rights going forward. After the settlement was finalized over the next several weeks, the plaintiffs filed for dismissal of the case.

Brad Dacus, president of Pacific Justice Institute, commented, “We are thrilled with this tremendous victory on behalf of these courageous senior citizens. This may be the first time a group of residents have taken on their HOA in court to fight for their religious meeting rights—and won.”

Matthew McReynolds, the PJI attorney who led the group’s litigation in the case, stated, “Throughout this case, their faith and dedication have inspired us.  They are overcoming physical challenges and disabilities to spread the light in their community, and we couldn’t have been more proud to represent them.”

Source: Pacific Justice Institute

Click here to donate to Pacific Justice Institute, a great warrior in America’s culture war.

~Eowyn

Classy: Kathy Griffin told Trump spokesman to “suck my d*ck” & yelled “f*ck you”

kathy griffin

From Daily Mail: Comedian Kathy Griffin verbally harassed a White House spokesman at Saturday night’s correspondents dinner in Washington, yelling at him to ‘suck my d**k.’

Griffin, who attended as the guest of Washington Blade editor Kevin Naff, accosted Deputy White House Press Secretary Hogan Gidley as he tried to squeeze past the Blade’s table.

Griffin stopped him: ‘How do you sleep at night?”

Gidley replied in a southern twang: ‘Very well, thank you,’ but Griffin said she didn’t believe him.

‘Are we really going to do this?’ he asked?

Griffin, noted as much for her anti-Trump advocacy as for her near two dozen televised standup comedy shows, went for zero to 60 in a brief second. ‘Yes we are,’ she yelled. ‘Suck my dk! No, really! Suck my dk!’

Gidley confirmed the exchange to DailyMail.com. Asked if the 57-year-old Griffin had actually leveled the anatomically impossible epithet at him, he replied: ‘Twice.’

Naff wrote that Gidley gave as good as he got, however, detaching from the conversation by saying he planned to enjoy his Mexican beer – a Tecate – ‘before we build the wall and you can’t get these anymore.’

Griffin had the last words: ‘F**k you.’

Naff didn’t respond to a question about whether he regretted bringing Griffin to the dinner.

On Monday, Griffin unleashed an expletive-laden rant against President Trump, and withdrew a previous apology for arranging a photo shoot in which she held a bloody replica of Trump’s head.

‘Yeah, I take the apology back,’ she said on ‘The View.’

‘F**k him … and Don Jr. and Eric, or as I call them, “Eddie Munster and Date Rape”.’

Griffin said her First Amendment rights were trampled in the resulting negative publicity, likely a reference to CNN’s decision to throw her overboard from her annual gig co-hosting its New Year’s Eve program.

Read the rest of the story here.

DCG

Middle school student in Nevada sues school district after being punished for wearing pro-2A t-shirt

don't tread on me t-shirt

Hit ‘em where is hurt$.

From USA Today: An eighth-grade student is suing a school district in Nevada after he was told to cover his pro-gun T-shirt because it was in violation of the district’s dress code.

The federal lawsuit, filed Tuesday morning in U.S. District Court in Reno, alleges that the Washoe County School District’s dress code, which prohibits depictions of “anything that promotes weapons,” is a violation of the student’s First Amendment rights.

“This lawsuit challenges, at its core, the school district’s policy which we believe is unconstitutionally overbroad and violates the First Amendment on its face,” said Brandon Combs, president of the Firearms Policy Coalition.

The student, who attends Depoali Middle School, is identified in the lawsuit only by his initials, “G.M.,” but a press release from the Firearms Policy Coalition identifies his mother as local police dispatcher Audrey Guardanapo and his father as former law enforcement officer and U.S. Marine veteran Shaun Guardanapo.

The students was disciplined twice for wearing pro-gun clothing, according to the lawsuit.

He was first disciplined on Nov. 20 for wearing a shirt from a local gun store, Sparks Black Rifle. That shirt depicted the store’s logo, which according to the suit uses the silhouettes of a rifle and handgun.

He was again disciplined on March 12 for wearing a shirt promoting the Firearms Policy Coalition. That shirt features the words “Don’t Tread On Me” and a coiled snake. It also includes references to the Second Amendment and other “constitutional themes.”

The second shirt did not depict an image of a firearm. 

The lawsuit was filed by the student through his parents and is backed by the Firearms Policy Foundation and the Firearms Policy Coalition, two non-profit groups aimed at protecting the Second Amendment and the right to bear arms.

The shirt did not promote or advocate illegal activity; it contained no violent or offensive imagery; nothing on it was obscene, vulgar or profane. … And yet (the student) was prevented from wearing his shirt based on school officials’ disagreement with the message they believe it conveyed,” the lawsuit states.

Just days before filing the lawsuit, the coalition launched a website and accompanying guide aimed at helping students who identify as pro-gun use speech and their First Amendment rights to counteract this year’s nationally organized student walkouts calling for stricter gun control legislation.

According to the lawsuit, the student’s teacher instructed him to cover the shirt. The student told the teacher that he could express himself through how he dressed, to which the teacher replied that he could have his “Second Amendment rights when he turns eighteen,” according to the lawsuit.

He was then threatened with further discipline if he wore the clothing again.

“At the end of the day, that’s all it takes to constitute a First Amendment violation,” Combs said.

See also:

DCG

The Totalitarian Left: CA SB1424 will criminalize the spreading of ‘fake news’

The California state government has gone from radical Left to full-tilt totalitarian.

CA State Senator Richard Pan (D) introduced mandatory vaccines into law via SB 277 in 2015. When questioned, being a coward, Pan fled:

Now Pan has introduced another anti-freedom bill, SB 1424, which will ban web sites, social media and even email that spread “untrue,” “misleading” or “false” information, whatever that means.

In effect, SB 1424 will criminalize anyone who dare question the government’s and MSM’s “official” narratives, our First Amendment right to freedom of speech be damned.

Below is the full text of SB 1424:

An act to amend Section 1103 of the Commercial Code, relating to commercial law. An act to add Title 14.5 (commencing with Section 3085) to Part 4 of Division 3 of the Civil Code, relating to the Internet.

Existing law prohibits a person, among others, from making or disseminating in any advertising device, or in any manner or means whatever, including over the Internet, any statement concerning real or personal property or services that is untrue or misleading, as specified.

This bill would require any person who operates a social media, as defined, Internet Web site with a physical presence in California to develop a strategic plan to verify news stories shared on its Web site. The bill would require the plan to include, among other things, a plan to mitigate the spread of false information through news stories, the utilization of fact-checkers to verify news stories, providing outreach to social media users, and placing a warning on a news story containing false information.

The Uniform Commercial Code generally regulates commercial transactions, and is intended to be liberally construed and applied to promote its underlying purposes and policies, which include simplifying, clarifying, and modernizing the law governing commercial transactions.

This bill would make nonsubstantive changes to that law.

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Title 14.5 (commencing with Section 3085) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 14.5. False Information Strategic Plans

3085.
(a) Any person who operates a social media Internet Web site with physical presence in California shall develop a strategic plan to verify news stories shared on its Internet Web site.

(b) The strategic plan shall include, but is not limited to, all of the following:
(1) A plan to mitigate the spread of false information through news stories.
(2) The utilization of fact-checkers to verify news stories.
(3) Providing outreach to social media users regarding news stories containing false information.
(4) Placing a warning on a news story containing false information.
(c) As used in this section, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.

SECTION 1.Section 1103 of the Commercial Code is amended to read:

1103.(a)This code shall be liberally construed and applied to promote its underlying purposes and policies, which are all of the following:

(1)To simplify, clarify, and modernize the law governing commercial transactions.

(2)To permit the continued expansion of commercial practices through custom, usage, and agreement of the parties.

(3)To make uniform the law among the various jurisdictions.

(b)Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

Note that nowhere in SB 1424 are the words “untrue,” “misleading” and “false information” defined.

Richard Pan, 52, represents California’s 6th Senate district, which encompasses parts of Sacramento and Yolo counties in northern California. A pediatrician by trade, which he continues to practice while being state senator, Pan was born in NYC to immigrants parents from Taiwan.

His contact information:

Address: State Capitol, Room 5114, Sacramento, CA 95814
Phone: (916) 651-4006
Fax: (916) 651-4906
Email: http://sd06.senate.ca.gov/contact/email

H/t FOTM‘s MomOfIV, Lana and AvaJ

~Eowyn

Florida Obituaries show no Parkland school shooting deaths

From Wikipedia:

On February 14, 2018, a mass shooting occurred at Marjory Stoneman Douglas High School in Parkland, Florida. Seventeen people were killed and seventeen more were wounded, making it one of the world’s deadliest school massacres. […] Seventeen people were killed and seventeen more were wounded.

Here are the names of the 17 individuals who were killed on February 14, 2018, in Parkland Florida:

  1. Alyssa Alhadeff, 14
  2. Scott Beigel, 35
  3. Martin Duque, 14, posthumously honored by the U.S. Army with the ROTC Medal for Heroism.
  4. Nicholas Dworet, 17
  5. Aaron Feis, 37
  6. Jaime Guttenberg, 14
  7. Chris Hixon, 49
  8. Luke Hoyer, 15
  9. Cara Loughran, 14
  10. Gina Montalto, 14
  11. Joaquin Oliver, 17
  12. Alaina Petty, 14, posthumously honored by the U.S. Army with the ROTC Medal for Heroism.
  13. Meadow Pollack, 18
  14. Helena Ramsay, 17
  15. Alex Schachter, 14
  16. Carmen Schentrup, 16
  17. Peter Wang, 15, posthumously honored by the U.S. Army with the ROTC Medal for Heroism. On February 20, he was awarded a rare posthumous admission to the United States Military Academy.

Florida Obituaries is part of Tributes.com, which describes itself as:

Tributes.com is the online source for current local and national obituary news and a supportive community where friends and family can come together during times of loss and grieving to honor the memories of their loved ones with lasting personal tributes.

According to Florida Obituaries:

  • None of the above 17 names is among those who had died in Parkland, Florida, on February 14, 2018 or in the days after.
  • There was only one death in Parkland, Florida, on February 14, 2018: Alice Levenson.
  • There were two deaths in Parkland, FL, between February 14 and March 7, 2018:
    • John Maginnis, who died on Feb. 16.
    • Norman Goldstein, who died on March 7.

Here’s a screenshot of the Florida Obituaries page, showing the date (4/3/2018) and time (8:06 AM)when I took the screenshot (click image to enlarge):

Notice the box on the webpage and in the screenshot that allows you to search for a particular name?

I did just that, and conducted a search, using the date range of “last 90 days,” for each of the 17 individuals who allegedly was shot to death on February 14, 2018, in Parkland, Florida. In each case, I got the same result:

No results were found using your search criteria, so we increased the date range to ‘2000 to present’ and removed the city.

I repeated the search for all 17 names, this time changing the date range from “last 90 days” to “Date of Death: All”. In each case, I got the same result:

No results were found using your search criteria

There is a Martin Guillermo Duque who died in Miami, Florida, but he was 76 years old and the date of death was July 30, 2013.

H/t Tony Mead

Update (April 28, 2018)

As of this afternoon, Florida Obituaries still does not show any of the 17 Parkland school shooting deaths. Below is a screenshot I just took:

Florida Obituaries for Parkland

See also:

~Eowyn

Democrat Rep. Tom Suozzi urges armed insurrection against President Trump

18 U.S. Code § 2382 states:

Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

On March 12, 2018, at a townhall meeting in Huntington, New York, Democrat Congressman Tom Suozzi, who represents Long Island, did precisely that, suggesting that his constituents take up arms against President Trump, in violation of 18 U.S. Code § 2382.

As reported by Carl Campanile for the New York Post, March 19, 2018, Suozzi is seen in a newly released video of his town hall appearance, in which he said:

“It’s really a matter of putting public pressure on the president. This is where the Second Amendment comes in, quite frankly, because you know, what if the president was to ignore the courts? What would you do? What would we do?”

Someone in the audience asks, “What’s the Second Amendment?”

Suozzi says, “The Second Amendment is the right to bear arms.

To rephrase what Suozzi said to his constituents in the townhall meeting:

“It’s really a matter of putting public pressure on the president. This is where the Second Amendment — the right to bear arms — comes in.”

The audience laughed — some nervously.

Republicans are not amused. National Republican Campaign Committee spokesman Chris Martin said:

“This video is incredibly disturbing. It’s surreal to watch a sitting member of Congress suggest that his constituents should take up arms against the president of the United States.”

Speaking with forked tongue, Suozzi (via his political adviser Kim Devlin) denies he was “advocating for an armed insurrection.” At the same time, he doubles down on his call to his constituents to exercise their Second Amendment right against President Trump by forwarding a line penned by Thomas Jefferson, calling for armed resistance:

“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.

Ever the hypocrite, Suozzi’s reference to the Second Amendment conflicts with his recent push for gun control following the Parkland, Florida, school shooting. He even participated in the March 14 student walkout for gun control outside the U.S. Capitol. In a February 21 tweet, Suozzi calls on the young people of his district to support more restrictive gun laws:

“I think we should engage the high school students of #NY03, and all of Long Island, to promote gun violence prevention legislation.”

Thomas Suozzi, 55, is a first-term congressman elected in 2016, and is seeking re-election this fall. He formerly served as Nassau County executive and before that, mayor of Glen Cove, NY. His father, Joseph Suozzi, had been mayor of Glen Cove.

He is expected to easily win the Democratic primary and face GOP challenger Dan Debono, a former US Navy SEAL, in the general election.

Please report Congressman Tom Suozzi to the Secret Service:

Ph: (202) 406-5708

H/t Big Lug

Update:

Here’s the video of Suozzi at the Huntington townhall meeting (h/t FOTM reader Bob):

~Eowyn

The curious case of Parkland school shooting victim Kyle Laman

Yesterday, Tony Mead posted on his Facebook page a YouTube video of 15-year-old Kyle Laman, one of the wounded in the February 14 mass shooting incident at Marjory Stoneman Douglas High School in Parkland, Florida.

See Mead’s guest post of January 17, 2018: “Satanic Pedophilia Within Our Society”.

Soon after Mead published that post, Facebook issued him a stern warning — that the post “contains content that violates our Terms of Use” — and unilaterally took it down.

Facebook warning to Tony Mead

If you go to the link of Mead’s post, you now get this message:

Facebook‘s reason for taking down Mead’s post (“A post you made contains content that violates our Terms of Use”) is at once ambiguous and broad because Facebook‘s Terms of Service are many and numerous. Without specifying which term of service Mead allegedly had violated, the statement “A post you made contains content that violates our Terms of Use” amounts to a catch-all excuse to justify arbitrary censorship.

So what was so offensive about Tony Mead’s post?

This is the NBC Today news video that Mead posted:

As Americans, whose exercise of free speech is guaranteed by the First Amendment to the United States Constitution, we respectfully ask the following four questions about the NBC news video:

(1) NBC reporter Kerry Sanders said “a round of AR-15 tore through” Kyle Laman’s ankle.

New Health Advisor has a page, “Can I Walk on Fractured Ankle”. A fractured ankle is defined as “when a bone at or near the ankle joint breaks.” Kyle Laman’s ankle was more than fractured, having been “torn through” by “a round of AR-15”. Kyle Laman’s ankle was shattered.

In the case of a fractured ankle, New Health Advisor says:

It is usually very difficult to put weight on your fractured ankle and you should not put any weight on your broken ankle for the first few weeks at least (most commonly 6-8 weeks). Just walk with assistance and shifting weight to the good foot . . . . Some people even feel dizzy or sick mainly due to the pain and shock of breaking their ankle.

In Kyle Laman’s case, his ankle had just been “torn through” by “a round of AR-15”. How did he manage to not only walk, but “run down three flights of stairs”? He even had the presence of mind to give authorities a “complete description” of the shooter — what the shooter was wearing, and even the type of weapon he was using.

Here’s a closeup of Kyle Laman’s ankle wound — a vivid visual of how his ankle literally was “torn through” by “a round of AR-15”. This makes it even more unbelievable that he could have “run down three flights of stairs”.

Source: TMZ (h/t FOTM reader yyz)

(2) According to New Health Advisor, a fractured ankle is treated with a plaster cast — “It is important to put your fractured ankle in a plaster cast for at least six weeks“.

In the NBC Today video, which was published to YouTube on March 2, 2018, just 16 days after Kyle Laman’s ankle had been “torn through” by “a round of AR-15,” his shattered — not fractured — ankle is not in a plaster cast. Instead, in the screenshot below, from the 0:41 mark in the video, Laman’s leg is fitted with what appears to be a metal leg-stabilizer.

Kyle Lama's foot 0.41 mark

Below are two closeups of Laman’s wounded ankle between those metal braces or stabilizer (source: TMZ). Is this the way to treat a “torn through” ankle? I would appreciate the expert opinion of readers with orthopedic surgical knowledge.

(3) The above image is curious for another reason — Laman’s foot doesn’t seem to have toe nails. Why’s that?

I’ve cropped the image and enlarged it:

Kyle Laman's foot 0.41 mark

Is the foot a prosthetic?

Below is another closeup of Laman’s injured foot at an earlier time, which I’d cropped and enlarged from a CBS Miami pic (h/t yyz:

(4) Then there is the matter of Laman’s wandering wounded leg.

Here’s a screenshot I took at the 0:12 mark, showing Laman’s wounded leg to be his right leg:

Kyle Laman's leg 0.12 mark

But in the screenshot below, at the 1:56 mark, the curvature of Laman’s body suggests the wounded leg is now his left leg. I had to really slow down the video in order to grab that screenshot because right after the camera shows Laman’s wounded left leg, it quickly cuts away.

Kyle Laman's leg 1.56 mark

There is a Go Fund Me soliciting donations for Kyle Laman, with a goal of raising $50,000. As of this morning, $38,820 have been donated.

There is also a GoFundMe campaign created by the Broward Education Foundation, with a goal of $3 million, which will be used to provide relief and financial support to the victims and families, including Kyle Laman. As of the afternoon of March 10, 2018, $2,779,740 have been donated.

See also:

~Eowyn