TheQ
Regular Member
The best bet for Waterford is to send the "packet" to the city attorney, mayor, and the police chief, certified mail, so there is proof that they received the package. Then go to a city council meeting, where the said people are generally all in attendance. Let them know that their law goes against the state law. Then give them some time to soak it all in. That way, when the harassment happens, one would at least have some sort of chance to prove that the city was made aware, and enforced anyway. Just my 2 cents.
Sure, you can show that someone in those offices received the letter. But you can't prove who. Also, just because you send it to the department, doesn't mean every officer in the department read it.
In a 1983 case the issue is did the officer KNOWINGLY harass someone for something he KNEW to be legal.
A defense to a 1983 case is "THAT officer didn't know". Yep, it's BS, but it's valid.
If the government made a regulation that changed how private industry did something, you could bet your ass that a private company would be fined for each day that went by that all of their employees weren't properly trained. But...when the shoe is on the other foot...