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Thread: Norfolk, VA: Danladi Moore prevails in trumped up "tresspass for open carrying&amp

  1. #1
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    Subject: VA-ALERT: Norfolk LOSES to Danladi Moore, again!

    Date: 2/10/2009 3:35:00 P.M. Eastern Standard Time

    ----------------------------------------------------------------------
    VCDL's meeting schedule: http://www.vcdl.org/meetings.html
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    Abbreviations used in VA-ALERT: http://www.vcdl.org/help/abbr.html
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    Big Win for Gun Owners! 2/10/09

    I just got the word - Danladi Moore, who was arrested for trespass by
    a Norfolk police officer last August while Danladi was lawfully open
    carrying at Norfolk's Waterside Mall, has just won his case in court!

    The judge told the Norfolk City Attorney that because of the City's
    financial interest in the mall, the mall is considered PUBLIC property
    and Danladi was therefore NOT trespassing. All charges are to be
    dropped.

    Well, well - another most deserved lesson to City Attorney Bernard
    Pishko on not harassing law-abiding gun owners.

    Pishko was hell-bent on prosecuting Danladi Moore to teach him a
    lesson because Danladi had challenged Norfolk's authority in a
    previous harassment case and won a $10,000 settlement.

    Hopefully Dan can now sue the pants off Norfolk AGAIN!

    I wonder how much this latest blunder is going to cost Norfolk?
    Perhaps another zero on the end of the previous settlement?

    Go get 'em, Danladi! ;-)

    We are attempting to get the transcript of the ruling as it could have
    much bigger implications for other such government-owned venues across
    the state.

    -------------------------------------------
    ************************************************** *************************
    VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
    (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
    dedicated to defending the human rights of all Virginians. The Right to
    Keep and Bear Arms is a fundamental human right.

    VCDL web page: http://www.vcdl.org
    ************************************************** *************************


  2. #2
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    That's right!

    What now? :celebrate
    Why open carry? Because 1911 > 911.

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    Norfolk City Attorney: (757) 664-4529

    Bernard Pishko

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    I just spoke with Harry Minium, the reporter who wrote the Oct 8 story where Bernard Pishko noted that Dan's "judgement" will "cost him".

    Mr. Minium told me that he spoke with Dan earlier today and has already written a story that will appear in tomorrows paper. It is undergoing the editing process right now.

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    Can't wait to hear the full story - while I'm glad the judge did speak to preemption/public property, but I think the City's criminal trespass charge was not going to fly anyway for other reasons, i.e., that no trespass occurred even if the incident took place on purely private property and a uniformed police officer did what that officer did without the owner or agent first issuing an order to Dan to leave.

    The police are not wandering prison wardens set loose on society to enforce private rules or good ideas as they see fit.

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    Regular Member SouthernBoy's Avatar
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    You know, I have to believe that the taxpayers of Norfolk must be a bit pissed off about this. Wouldn't it be much better if the police officers and the prosecutor were held personally accountable for their stupidity. Maybe that way they'd think before they did something really dumb.. like this. And maybe they might start to learn that it is we, the people, to whom they are really accountable.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Here's more at: http://news.oldva.org/blogroll/norfo...ry-of-firearms

    Norfolk loses it’s case against the open carry of firearms.

    The latest battle in the ongoing war between the city of Norfolk, who feel that they can ignore Virginia’s laws, and Danladi Moore, has ended with Moore the clear winner.



    This is a big win for honest citizens who only want to protect themselves and their families, and a clear kick in the backsides to the corrupt City officials and especially the police force.

    Rumor has it that Moore will sue the city. In an earlier incident in Tidewater, Moore collected a $10,000.00 settlement in a similar case.

    See the attached story

    By Debbie Messina
    The Virginian-Pilot
    © October 9, 2008
    NORFOLK

    Hours after guns-rights activists marched on City Hall to demand
    police leave them alone, they said one was charged after refusing an
    order to leave Waterside because he was openly carrying a weapon.

    Danladi Moore – whom the city paid $10,000 in July to avoid
    litigation after being stopped by police for suspected weapons
    violations – was charged with trespassing at the downtown entertainment
    complex Tuesday night.

    The 24-year-old Hampton resident said police told him to leave
    because he had a gun. Moore said he refused because the law allows him
    to display a weapon in public places. He said he was handcuffed,
    charged and led out of the building.

    Norfolk police spokesman Officer Chris Amos confirmed that a summons was issued but declined to comment further.

    Waterside receives city funding but is officially owned by a private
    entity, Waterside Associates, whose partners include the Norfolk
    Redevelopment and Housing Authority, said NRHA assistant executive
    director John Kownack. Its policy prohibits weapons, yet weapons are
    not included on a list of prohibitions posted at Waterside’s entrances,
    he added.

    The incident happened after about a dozen members of the Virginia
    Citizens Defense League finished dinner at the Hooters restaurant at
    Waterside. Earlier, they had joined about 50 others at a City Council
    meeting to complain that their rights had been violated by police.

    Most of them were openly carrying guns, but only Moore and his two friends were approached, members of the group said.

    Philip Van Cleave, who leads the guns-rights group and was with
    Moore at Waterside but did not witness the exchange, said it was
    unbelievable.

    “I don’t see a conspiracy here – I see more ineptness,” he said. “And there may well be prejudice too.”

    Moore is black. Van Cleave and most of the others are white.

    Moore said a friend who was with him at Waterside also was carrying
    a gun and also had challenged police when asked to leave. He said his
    friend, who is white, was not charged.

    John Pierce, co-founder of the national group OpenCarry.org, said,
    “Even if this was a perfectly innocent mistake, the timing could not
    have been worse.”

    Debbie Messina, (757) 446-2588, debbie.messina@pilotonline.com



  8. #8
    Regular Member Smurfologist's Avatar
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    You're da man, Mr. Moore!! Now, get your stimulus package from the City of Norfolk!!

    2nd Amendment.......Use it........Or, lose it!!:X
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    AbNo wrote:
    That's right!

    What now? :celebrate
    needs more banana! :celebrate:celebrate

    Congrats Dan!

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    Dan, thanks again for having the courage to "stand up and be counted." You alone have dragged an entire city one more step in the right direction.

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    Congratulations, Dan.

    Well done on continuing the fight.

    Best wishes for continued victories should you choose to carry it further.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member Bubba Ron's Avatar
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    Great job Dan

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    Are you serious? They got spanked and now they go after the same guy? Insanity!

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    Congrats Dan, make 'em pay!!! Maybe they'll get the message this time around :celebrate

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    Dan is his own "One Man Million Dollar March"...go Dan, go!!

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    Regular Member Sonora Rebel's Avatar
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    HOOO AHHH! :celebrate

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    Waterside receives city funding but is officially owned by a private entity, Waterside Associates, whose partners include the Norfolk Redevelopment and Housing Authority, said NRHA assistant executive director John Kownack. Its policy prohibits weapons, yet weapons are not included on a list of prohibitions posted at Waterside’s entrances, he added.
    Hell, last time I was down there, I stopped by Waterside, OC'd the whole time, and even got some nice pictures and video.

    In fact, I got a couple of pictures of a sign behind Waterside, one that faces the water, and any mentions of weapons bans were taped/painted over. :quirky

    Why open carry? Because 1911 > 911.

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    Hell, last time I was down there, I stopped by Waterside, OC'd the whole time, and even got some nice pictures and video.

    In fact, I got a couple of pictures of a sign behind Waterside, one that faces the water, and any mentions of weapons bans were taped/painted over. :quirky


    Policy is not law correct? They can only ask you to leave or can they nail you with some offense immediately?

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    Regular Member Sonora Rebel's Avatar
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    I'm wondering how fresh the tape/paint was? Whatever... it's not by accident.

    "Waterside Associates, whose partners include the Norfolk
    Redevelopment and Housing Authority, said NRHA assistant executive
    director John Kownack. Its policy prohibits weapons, yet weapons are
    not included on a list of prohibitions posted at Waterside’s entrances,
    he added."


    Waterside Associates may be doin' a pre-emptive CYA as suite protection? NRHA's supposed 'policy' is on shaky legal ground... Prob'ly illegal now that the area has been deemed public property.


  20. #20
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    Here's more!

    --



    http://hamptonroads.com/2009/02/judge-clears-man-arrested-gun-dispute-waterside


    Judge clears man arrested in gun dispute at Waterside
    Posted to: News Norfolk









    Dan Moore, right, waits to be served while openly carrying his handgun at a local restaurant in Virginia Beach last year. (Hyunsoo Leo Kim | The Virginian-Pilot)





    By Harry Minium

    The Virginian-Pilot
    © February 11, 2009
    NORFOLK

    It's legal to wear a gun on your hip in Waterside, a judge decided Tuesday.

    After hearing more than two hours of testimony, a General District Court judge dismissed a trespassing charge against Dan Moore, a Hampton resident who police said was ordered to leave Waterside for carrying a weapon, and refused to leave.

    State laws permit openly carrying firearms in public places. City officials contended that Waterside, though built in part with public funds, is owned by a private entity and thus is a private facility not subject to state laws.

    Judge James S. Mathews did not agree. After hearing from six witnesses called by the city attorney's office, he dismissed the charges, ruling that

    Waterside is a public facility, said Stephen Merrill, a Norfolk attorney who represented Moore.

    Merrill introduced evidence obtained through the Freedom of Information Act from the Norfolk Redevelopment and Housing Authority that from the time Waterside opened, "not one dollar in private money has been lost in managing the facility," Merrill said. "Clearly, it's a public facility."

    Moore was ecstatic.

    "I had a hard time sleeping last night," he said. "This has been a very stressful thing. It was a great relief to hear the judge dismiss the charges."

    Moore had several previous run-ins with the Norfolk police while carrying a gun in a holster. After he was detained downtown in 2007 for standing outside the Bank of America building with a gun, the city paid him $10,000 to avoid a lawsuit.

    In September, he was detained while trying to ride a Hampton Roads Transit bus.

    A month later, after he and other gun -rights activists spoke to the City Council, he was arrested at Waterside. Moore said he will sue for the bus and Waterside incidents.

    "The police think they can do this to me, but they can't," he said. "Someone has to answer for this."

    Andrew Fox, who prosecuted the case for the city attorney's office, said the city disagrees with Mathews' decision, calling it "an erroneous application of the law."

    Fox said the city can't appeal the decision, but added the city will continue to aid private businesses "in enforcing policies they determine to be necessary and appropriate to the safe and efficient operation of their premises."

    Gun -rights activists celebrated the decision.

    "This is another lesson to Norfolk that they need to worry about criminals and stop picking on law-abiding citizens just exercising their constitutional right," said Philip Van Cleave, who heads the Virginia Citizens Defense League, a gun-rights group. "The city is acting like a bully."

    Merrill, who is based in Ghent, was more understanding. "It's shocking for people in a city like Norfolk to see people open-carry," he said. "Even though it's been the law for a long time, it hasn't been practiced here until recently.

    "But it's surprising that the city has been so slow coming around on this."

    Harry Minium, (757) 446-2371, harry.minium@pilotonline.com

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    Sonora Rebel wrote:
    I'm wondering how fresh the tape/paint was? Whatever... it's not by accident.

    "Waterside Associates, whose partners include the Norfolk
    Redevelopment and Housing Authority, said NRHA assistant executive
    director John Kownack. Its policy prohibits weapons, yet weapons are
    not included on a list of prohibitions posted at Waterside’s entrances,
    he added."


    Waterside Associates may be doin' a pre-emptive CYA as suite protection? NRHA's supposed 'policy' is on shaky legal ground... Prob'ly illegal now that the area has been deemed public property.
    Housing Authority? Didn't the NRA just win a case against a housing authority in San Francisco which was trying to ban guns?

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    Mike wrote:
    Sonora Rebel wrote:
    I'm wondering how fresh the tape/paint was? Whatever... it's not by accident.

    "Waterside Associates, whose partners include the Norfolk
    Redevelopment and Housing Authority, said NRHA assistant executive
    director John Kownack. Its policy prohibits weapons, yet weapons are
    not included on a list of prohibitions posted at Waterside’s entrances,
    he added."


    Waterside Associates may be doin' a pre-emptive CYA as suite protection? NRHA's supposed 'policy' is on shaky legal ground... Prob'ly illegal now that the area has been deemed public property.
    Housing Authority? Didn't the NRA just win a case against a housing authority in San Francisco which was trying to ban guns?
    Yep.

    http://www.nraila.org/legislation/read.aspx?id=4305
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    choking with laughter here. hope they pay through the nosel

  24. #24
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    Fantastic job, Dan!

    You sir, are a Great American! :celebrate
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life." Robert A. Heinlein

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    Hey and if they don't learn this time, the third time's a charm. You could make this a part profession: Danladi Moore, Citizen, Patriot, Gun Owner, Available for weddings, barmitzvas, parties, $10,000.
    Hey without stepping on toes, do you think I could get in on a little of that?
    Seriously, good luck, God bless and keep up the good fight.

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