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If city won't repeal bad law, will a 'note' in the law work?

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
But I do read Groklaw ;-) I believe what he was trying to say was that by acknowledging that the ordinances are in violation that they would be estopped (meaning precluded in this case) from claiming any kind of immunity.

Will that save you the ride downtown? -- No
Will it cause the prosecutor to nolle it ? -- Probably not, in for a penny . . .
Will it help later when the victim is shooting for damages? -- I should hope so but you will have to ask your lawyer

One might wonder if they were to do that, and a skilled lawyer was able to peel back the veil, could criminal charges be pursued against counsel/police/prosecutor ?

I am probably way off base legally speaking but throwing my thinking out there sometimes results in a much appreciated education.

Bring criminal charges against the Counsel,police,prosecutor would be a tough sell however filing a civil complaint for Malicious Prosecution could possibly be achieved.
For any Constitutional rights violations seek redress under U.S.C.A. 42 section 1983.

Best regards.

CCJ
 

BriKuz

Regular Member
Joined
Jun 6, 2012
Messages
201
Location
Springfield, MO
Eye and MWSY, may the fleas of 1000 camels infest your nether regions... ;-)

IANAL, so I'll just stick to plain english... or the King's English... which was Francais when that line was in vogue
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
As long as the fleas bring fresh batteries with them. :p

Any more input on the original topic of this thread?
 

half_life1052

Regular Member
Joined
Mar 20, 2012
Messages
270
Location
Austin, TX
As long as the fleas bring fresh batteries with them. :p

Any more input on the original topic of this thread?

The fleas must have gotten bigger since I left home. I would think that weasel wording at the end of a statute would not stand up to a legal test.

Essentially saying "all of this stuff is illegal" in big print while putting in small print "except we aren't allowed to regulate it" smacks of an attempt to coerce.

BTW --- side note: I am coming home for a few weeks to visit. How are the police around Canal Fulton?
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
Placing the term “null and void” at the end of a law to naturalize it would more than likely not survive judicial review. Why, because cities usually have a “City Charter.” Those Charters spell out the specific legal steps or process required to enact Ordinances and Resolutions, as well as abolishing what was enacted.

A City Charter would better be described as a city's constitution.

Example: sections of a city charter would be worded something to effect as follows.

Section X -
Each proposed ordinance or resolution shall be introduced in written or printed form and shall be read by title only, provided Council may require any reading to be in full by a majority vote of its members then in office. Each ordinance or resolution shall be passed, except as otherwise required by law, by a vote of at least a majority of the members of Council then in office, excluding abstentions. The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered in the minutes. An ordinance or resolution shall be read on three different days, provided that Council may dispense with the requirement by a vote of at least three-fourths of its members then in office, excluding abstentions. At the meeting at which a vote of Council shall be taken on any ordinance or resolution, Council shall provide an opportunity for public comment thereon before the vote is called. The Mayor shall have the veto power over ordinances and resolutions subject to limitations and provisions of the statutes of the State of Ohio relating to such powers. Actions by Council, not required by law to be by ordinance or resolution, including, without limitation, procedural matters and elections among and appointments made or confirmed by Council, may be taken by motion on a voice vote approved by at least a majority of the members of Council present at a duly called meeting at which a quorum is present. Council shall by ordinance provide for the publication of the subject matter of all introduced and enacted legislation, provided that the failure to publish such information shall not invalidate any action of Council.

Section XX -
All ordinances and resolutions in force at the time the foregoing provisions of this Charter take effect, not inconsistent therewith, shall continue in force until amended or repealed.

In other words, an ordinance has to be enacted to repeal an existing ordinance. The wording of the ordinance does not stay on the books once repealed.

Of course I'm not an attorney and I don't play one on gun forums.
 
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JmE

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Mar 28, 2007
Messages
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Location
, ,
I just saw this thread and haven't closely read all of the replies after that back and forth over "estoppel". (IANAL and I do use the term from time to time when I understand it applies, BTW.)

My take would be that it is better if they correct their law but if they just add that 'null and void' disclaimer then it could, IMHO, open the door to proving that they were knowingly violating R.C. 9.68. This could, again IMHO, very well pierce their immunity and help bump up the damages/payees to a suit.

MWSY, if I was in C-bus on the 1st I'd gladly have walked with you.
 
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