Chesapeake General Hospital Public Hospital - Claiming to be private property

[TFred]

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Thundar wrote:

The purpose of the FOIA is to confirm that there is not a lease from the authority to a private corporation called Chesapeake General Hospital or Chesapeake Health Systems.

Ah... but I thought it had already been discussed that even if there were, they would still not be authorized to violate state law. IANAL... I hope you are successful in any case.

TFred

 

[simmonsjoe]

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TFred wrote:

Can someone remind me of what the purpose of a FOIA request in this situation is?

The substantial piece of information requested, the lease, etc, of the property, doesn't seem to have any bearing on whether or not the hospital authority is allowed to regulate the carry of firearms.

I'm just confused as to why someone isn't just writing a simple, polite letter to the management of the hospital (whatever that may be) informing them that they are in violation of law 15.2-915, that they need to correct their policies, and that failure to do so exposes them to potential liability to pay for litigation costs in a case they will certainly lose.

If they are law-abiding folks, they will do a quick review of the applicable laws, and correct their policy. If they insist on being criminals, then you may need to collect this info via a FOIA request for a lawsuit. Seems to be a cart before the horse thing.

?

TFred

Hmm. I think you may have a point. It should go by registered mail and require a receipt.

 

[paramedic70002]

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Any updates here?

 

[Grapeshot]

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+1

Bump

Yata hey

 

[kennys]

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+2 Enquiring minds want to know.

 

[Wolf_shadow]

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+3

 

[Thundar]

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Sorry I did not respond. It was not on the top page and I did not realize there were replies. No further information. I think they are trying to ignore our e-mails.

 

[Thundar]

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The lack of response has been predictable.

TO:

info@chesapeakeregional.com
jrdavis@kaufcan.com

INFO:

robertculpepper@williamewood.com,

JWilliams@hrccva.com

SUBJECT: Chesapeake Regional Medical Center Firearms Ban

Hello,

Could you please inform me under what authority the Chesapeake Hospital Authority has banned firearms in the Chesapeake Regional Medical Center?

Thank you for your time.

XXXXXXXXXX

 

[Grapeshot]

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Yata hey

 

[aadvark]

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Walk back in there with your Gun exposed, on purpose!

Make a point out of the whole situation!

Prove your point... and stand up to People who do not respect you Constitutional Rights!

 

[Thundar]

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Grapeshot wrote:

Yata hey

Believe me Grapeshot, I want this resolved! I will not be in Hampton Roads at the end of February for the Authorities monthly meeting, so I figure if they do not budge, give 'em the Norfolk City Council Meeting treatment at the end of March.

 

[paramedic70002]

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Any updates?

 

[joeamt]

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Bump..

 

[Thundar]

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Dear XXX XXXXXXXXXXXX:



Thank you for your inquiry. Chesapeake Regional Medical Center believes it is in the best interests of its patients, visitors, physicians and employees to prohibit weapons of any kind on the premises. We appreciate your interest and trust you understand the safety concerns that exist at hospitals across the Commonwealth.



Respectfully,



Chesapeake Regional Medical Center

____________________________



Original message:







Hello,



Could you please inform me under what authority the Chesapeake Hospital Authority has banned firearms in the Chesapeake Regional Medical Center?



Thank you for your time.

XXXXXXXXXXX

 

[Grapeshot]

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Remind them that was intended as a FOIA request.

Public entity -
http://dls.state.va.us/lrc/authorities/Chesapeake%20Hospital.pdf

Yata hey

 

[TFred]

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Thundar wrote:

Dear XXX XXXXXXXXXXXX:



Thank you for your inquiry. Chesapeake Regional Medical Center believes it is in the best interests of its patients, visitors, physicians and employees to prohibit weapons of any kind on the premises. We appreciate your interest and trust you understand the safety concerns that exist at hospitals across the Commonwealth.



Respectfully,



Chesapeake Regional Medical Center

____________________________

Was that their real answer!? That doesn't even come close enough to be a joke.

"Because we think we know best!" Are you kidding me?

This should be a slam-dunk.

TFred

 

[Thundar]

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OK , today I have again tried to contact Jason R. Davis, esq about the ban and the lack of response to the FOIA,

 

[Thundar]

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There is a board meeting on the 25th of March. I don't want to call a same week meeting, as we want to maximize our presence, but if they do not respond, then we should plan to attend their April meeting.

 

[TFred]

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I'm not really a strategist for this sort of thing, but if it is indisputably established that they fall under one of the categories listed in 15.2-915, why not just send the head honcho a letter citing the law, and suggesting they have their legal counsel confirm for them that their policy is in violation, and that as such, they are exposed to litigation.

All except the most crazy anti-gun nuts do not intentionally violate the law. A response (or lack thereof) from such a letter will tell you much of what you need to know to proceed.

TFred

 

[Thundar]

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*******Freedom of Information Act Request for Chesapeake Hospital Authority*******

Background:
A. Security Officers have enforced an illegal firearms ban at the hospital.
B. Chesapeake Regional Medical Center is an instrumentality of the Chesapeake Hospital Authority. The Chesapeake Hospital Authority was granted power by an act of the Virginia Legislature in 1966, c 271.
C. Localities, including authorities, are pre-empted from enacting firearms restrictions by the code of Virginia, specifically section 15.1-915.
D. Security officers have also indicated that the Chesapeake Regional Medical Center had the authority to ban weapons because it is private property, an assertion which is false. Lying about the nature of ownership is a violation of the Virginia Consumer Protection Act, section 59.1-200 (14). This is particularly important because if the falsehood is proprietary in nature, as it is under these circumstances, then neither the public entity, nor her employees may claim sovereign immunity.
Request:
1) The written firearms and/or weapons policy of the Chesapeake Hospital Authority.
2) Any e-mail, memorandum, note or written correspondencethat has been sent or received by the Chesapeake Regional Hospital Authority, the CHA Board of Directors, The CRMC CEO, COO or CRMC security officeror the Chesapeake Police Department, that relates to rules, regulations or conduct standardsthat have been promulgated or proposed prohibiting the carrying of firearms within the last 6 months, or discusses the formulation of your response to my original firearms inquiry.
3) The Chesapeake Hospital Authority Freedom of Information Act policy.
Instructions:
A. I prefer allinformation to be in digital format which can be transmitted to me at this e-mail address.

B. If the costs will exceed $20.00, please notify me of the expense. I will approve any costgreater that $20.00 in advance.

C. I would remind you that the Chesapeake Hospital Authority is a public authority under the laws of the Commonwealth of Virginia, that compliance with the Freedom of Information Act is mandatory and that there are legal sanctions available when a locality or authority is not in compliance with the Freedom of Information Act.

Thank you for supporting open government and the Freedom of Information Act.