imported post
AbNo wrote:
So basically, this judge is either ignorant of, or purposefully ignoring VA State law?
Nope! :banghead:
The judge is on the bench of a Federal court, hearing claims of violations of Constitutional rights. There are no claims of state law violation before this judge.
That the Norfolk ordinance was violative of state pre-emption law is not the question in this case. That issue was briefly mentioned in passing, and properly was not given any notice by the Federal court.
In case anyone missed it, the judge's order was exceedingly kind/gracious in that it allows defective pleadings to be amended so that they address issues where the plaintif has a better chance of succeeding. In other words, the jusge pointed out where Chet and his lawyers goofed, told them what Amendments they should have cited as being violated, and granted permission (read:
encouraged) to amend the pleadings to cite those Amendments instead.
When a judge tells you he cannot help you under one Amendment but can go postal against Norfolk under another Amendment, you ought to listen and do what the judge tells you. :idea:
Chet will have his justice when all is said and done - do not despair. :monkey
stay safe.
skidmark