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Thread: City of Spokane OC in the park defense

  1. #1
    Regular Member bennie1986's Avatar
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    Great News, I have just returned from meeting with my attorney and we will be fighting this based on state preemption and fight to get the law changed because it is unconstitutional. Unfortunately I don’t have the money to fight this on my own. The attorney has already cut his fee, because of his great interest in the case, to $500. I know there have been a few people that have stated they would be interested in pitching in for the cause, this would be much appreciated.

    To help support our rights please make checks payable to Crary, Clark & Domanico, P.S.

    Send them to their office at 9417 East Trent Avenue Spokane, Washington 99206-4285 their phone number is (509)926-4900 and web site is WWW.CCDLAW.COM . In the memos field of you check write for City of Spokane Open Carry in the park defense.

    I would also like to thank all of you for your help and support. Because of the information that all of you have helped me to gather I was able to present my case to the attorney in such a manner that he became very interested in taking the case at cost to him.



    Thank you all very much,

    Ben Eierdam

  2. #2
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    Ben,

    I will be more than happy to help. Would you mind letting us know which one is your attorney? I would assume it is the criminal defense one, but you know what happens when you assume.

    Other than his stance on your particular situation, how does he feel about the whole concept of exercising your 2A rights, if you know.

    I may send him an email about a retainer, just in case.

    bob





  3. #3
    Regular Member bennie1986's Avatar
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    My attorney is John R. Clark.

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    Regular Member 1245A Defender's Avatar
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    surely youre not gonna pay $500 toget out of a $500 ticket! the cop arrested you under color of law!! thats special!! he violated your 4thA rights!! thats special!! he violated your 2ndA rights!! thats special!! he violated your 5th A rights!! thats special!! then he ruined your day!! if youre going to take this to court, you must ask for relief from every wrong that was brought down on you that day by that cop!! fixing a couple of signs in a park is all they will do unless you push for specific results for all the wrongs! unless you go for everything, they wont learn anything! you can not loose this case, you are in no jepardy, . for the cause, spin up your lawyer and go all out! you can count on financial support if this becomes a real case for 2,4, and 5 A rights!! IANAL
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.

    Stand up for your Rights,, They have no authority on their own...

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  5. #5
    Regular Member bennie1986's Avatar
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    2, 4, 5 A defender wrote:
    surely youre not gonna pay $500 toget out of a $500 ticket! the cop arrested you under color of law!! thats special!! he violated your 4thA rights!! thats special!! he violated your 2ndA rights!! thats special!! he violated your 5th A rights!! thats special!! then he ruined your day!! if youre going to take this to court, you must ask for relief from every wrong that was brought down on you that day by that cop!! fixing a couple of signs in a park is all they will do unless you push for specific results for all the wrongs! unless you go for everything, they wont learn anything! you can not loose this case, you are in no jepardy, . for the cause, spin up your lawyer and go all out! you can count on financial support if this becomes a real case for 2,4, and 5 A rights!! IANAL
    We are going to prove the city law as unconstitutional and I dont see it as getting out of a ticket but more as investing in our gun rights. I would much rather spend $500 on a lawyer, which remember is actually going to cost him more, that to pay the city for a unjust reason.

  6. #6
    Regular Member amlevin's Avatar
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    Sorry but I don't see this as the correct venue to seek damages, etc, etc.

    The FIRST order of business it to either get the charge dismissed or have it adjudicated with a verdict favorable to bennie1986.

    THEN go for the gusto! He was arrested and charged under an ordinance that was declared invalid by State Law. He was compelled to take time from work, family, etc., to defend himself. If physically detained there was public embarassment, physical discomfort, yada, yada, yada. His Attorney would most likely request financial restitution as well as punitive damages, and lastly his not insubstantial fees for the Civil Suit that would be filed AFTER the "ticket" issue is resolved.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    bennie1986 wrote:
    2, 4, 5 A defender wrote:
    surely youre not gonna pay $500 toget out of a $500 ticket! the cop arrested you under color of law!! thats special!! he violated your 4thA rights!! thats special!! he violated your 2ndA rights!! thats special!! he violated your 5th A rights!! thats special!! then he ruined your day!! if youre going to take this to court, you must ask for relief from every wrong that was brought down on you that day by that cop!! fixing a couple of signs in a park is all they will do unless you push for specific results for all the wrongs! unless you go for everything, they wont learn anything! you can not loose this case, you are in no jepardy, . for the cause, spin up your lawyer and go all out! you can count on financial support if this becomes a real case for 2,4, and 5 A rights!! IANAL
    We are going to prove the city law as unconstitutional and I dont see it as getting out of a ticket but more as investing in our gun rights. I would much rather spend $500 on a lawyer, which remember is actually going to cost him more, that to pay the city for a unjust reason.
    Bennie

    I think what 2, 4, 5 means is you need to persue this on a higher level than just getting out of the ticket and that is going to cost a lot more than $500.LetJohn Clark know you want to do more, John may have to refer you to another lawyer to do the rights violationpart. Sue the pants off of them the city knew better, Surf and Fetch made them aware last Dec. You got man handled because the Spokane PD failed to train thier officers. The LEO that man handled you did not have RAS so everything he did past casual contact was illegal, make them pay its the only way they will quit harrasing us.



    I will drop off my promised$100check in the morning at Clarks office.



    Orphan

    Throw me to the wolves and I will come back leading the pack.

  8. #8
    Regular Member bennie1986's Avatar
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    I am not seeking damages here thats not my point. If I had the money to put up my self I would. What I am asking for is help with the initial cost of the attorney because I simply dont have it. This is a chance to correct an invalid law that is in violation of our rights. If you do not agree with me I can respect that but please dont think I'm sitting here trying to get money for myself, any contributions will go directly to the attorney and never touch my hands.

  9. #9
    Regular Member bennie1986's Avatar
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    I am not seeking damages here thats not my point. If I had the money to put up my self I would. What I am asking for is help with the initial cost of the attorney because I simply dont have it. This is a chance to correct an invalid law that is in violation of our rights. If you do not agree with me I can respect that but please dont think I'm sitting here trying to get money for myself, any contributions will go directly to the attorney and never touch my hands.

  10. #10
    Regular Member bennie1986's Avatar
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    Sorry about the double post. stupid computer!

  11. #11
    Regular Member bennie1986's Avatar
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    Orphan wrote:
    bennie1986 wrote:
    2, 4, 5 A defender wrote:
    surely youre not gonna pay $500 toget out of a $500 ticket! the cop arrested you under color of law!! thats special!! he violated your 4thA rights!! thats special!! he violated your 2ndA rights!! thats special!! he violated your 5th A rights!! thats special!! then he ruined your day!! if youre going to take this to court, you must ask for relief from every wrong that was brought down on you that day by that cop!! fixing a couple of signs in a park is all they will do unless you push for specific results for all the wrongs! unless you go for everything, they wont learn anything! you can not loose this case, you are in no jepardy, . for the cause, spin up your lawyer and go all out! you can count on financial support if this becomes a real case for 2,4, and 5 A rights!! IANAL
    We are going to prove the city law as unconstitutional and I dont see it as getting out of a ticket but more as investing in our gun rights. I would much rather spend $500 on a lawyer, which remember is actually going to cost him more, that to pay the city for a unjust reason.
    Bennie

    I think what 2, 4, 5 means is you need to persue this on a higher level than just getting out of the ticket and that is going to cost a lot more than $500.LetJohn Clark know you want to do more, John may have to refer you to another lawyer to do the rights violationpart. Sue the pants off of them the city knew better, Surf and Fetch made them aware last Dec. You got man handled because the Spokane PD failed to train thier officers. The LEO that man handled you did not have RAS so everything he did past casual contact was illegal, make them pay its the only way they will quit harrasing us.



    I will drop off my promised$100check in the morning at Clarks office.



    Orphan
    I will most definitely be taking this as far a legally possible.


  12. #12
    Regular Member bennie1986's Avatar
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    Bob and Orphan Thank you very much!

  13. #13
    Regular Member bennie1986's Avatar
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    I forgot to mention that if we dont raise the $500 anyone who has contributed will get there money back.

    Another idea I had is that the Spokane members, and anyone willing to travel, could get together this weekend and figure out some sort of fund raiser. I sure there are other gun owner in Spokane that dont know about Opencarry.org that would love to contribute.

    Again thank you all for your support!!!

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    bennie, I know you are up after your meeting with the lawyer, but first all, you need to get the ticket voided. Later we could turn this into a class action suit. Then I know the first two people we could haul into court.
    A quick Saturday lunch is a good idea. The Onion downtown? Noon?

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    If the city (as it should) gets to pay the entire cost of this why can't we ask the attorney to keep what was collected as a retainer for the Spokane OC defense fund. That way if any of us need him, he is there and we don't have to worry about finding the money. It could be a big plus to have a friendly lawyers card in your pocket for OC concerns.

    As usual I will be working Saturday, but I will be there is spirit.

    bob



  16. #16
    Regular Member bennie1986's Avatar
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    BobR wrote:
    If the city (as it should) gets to pay the entire cost of this why can't we ask the attorney to keep what was collected as a retainer for the Spokane OC defense fund. That way if any of us need him, he is there and we don't have to worry about finding the money. It could be a big plus to have a friendly lawyers card in your pocket for OC concerns.

    As usual I will be working Saturday, but I will be there is spirit.

    bob

    *




    Sounds good to me.

  17. #17
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    I would possibly be up for a lunch on Saturday

  18. #18
    Regular Member bennie1986's Avatar
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    I up for anything.

  19. #19
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    OC lunch?

  20. #20
    Campaign Veteran Right Wing Wacko's Avatar
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    You will get a LOT more in donations if you set up a Paypal account or something similar.

    If you make people take the time to write out a check, find the address to send it to and then make the trip out to mail it.... they just will not do it.

    Then there are those like me that have been checkless for well over 5 years now. Cash, Plastic, or Paypal. Otherwise it doesn't happen.

  21. #21
    Regular Member bennie1986's Avatar
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    Good point! I will talk with my attorney tomorrow about having them set somthing up or see if they can do credit/debit over the phone, which I think they do.

  22. #22
    Campaign Veteran Right Wing Wacko's Avatar
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    The reason Paypal works so well is that it can be done almost immediatly while online and without divulging a credit card number. Yes, they get their 2.9%, but you get your donations almost instantly.

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    I'll send what I can to clark. I am up for a meeting this weekend did we decide on the onion at noon? I may not make it, but I'll try. THanks for all of the effort you've put into this Ben I know it wasnt by choice but its better than laying down and taking what the SPD gave you!

  24. #24
    Regular Member bennie1986's Avatar
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    brianstone1985 wrote:
    I'll send what I can to clark. I am up for a meeting this weekend did we decide on the onion at noon? I may not make it, but I'll try. THanks for all of the effort you've put into this Ben I know it wasnt by choice but its better than laying down and taking what the SPD gave you!
    Thank you! The support is much appriciated!

  25. #25
    Regular Member bennie1986's Avatar
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    Right Wing Wacko wrote:
    You will get a LOT more in donations if you set up a Paypal account or something similar.

    If you make people take the time to write out a check, find the address to send it to and then make the trip out to mail it.... they just will not do it.

    Then there are those like me that have been checkless for well over 5 years now.* Cash, Plastic, or Paypal.* Otherwise it doesn't happen.

    I spoke with the attorney about paypal and in unfortunatly they can't sent that up however, I confirmed that they will be more than happy to take credit/debit over the phone.

    I am also pleased to anounce that we already have 1/5 of what we need to get this going. Your continued support is greatly appriciated!

    Thank you,

    Ben

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