GeorgiaCarry.org sues MARTA over detainment of (accidental) open carrier

[aadvark]

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Marta is now trying to say that they are not a 'Governmental Agency'; because, they do not recieve Tax Dollars in the same way as do most other Mass Transit Agencies throughout the Country.

However, as decided under MetropolitanAtlanta Regional Transportational Authority v. Boswell 261 Ga. 427 (1991) The Georgia Supreme Court concluded that MARTA is a 'Governmental Istrumentality'. MARTA denied these findings, but they were conclusive against MARTA. However, interestingly,MARTA argued under its appelate brief, before the same Court,that it was a 'Governmental Agency' established under The Georgia General Assembly to work...[with an agency of the Local Government]... [an Agent of The City of Atlanta and neighboring DeKalb County]... for the purposes of securing 'Governmental Immunity' for its own functions.

It seem to me that MARTA only wants to get what it wants..., but when it is wrong they turn back ON THEIR OWN WORDS... to try to get out of things.

 

[ProguninTN]

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It seems to me the MARTA is a rogue agency that thinks it can do as it pleases. I hope there is a judicial smack down in the near future.

 

[TFred]

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aadvark wrote:

Marta is now trying to say that they are not a 'Governmental Agency'; because, they do not recieve Tax Dollars in the same way as do most other Mass Transit Agencies throughout the Country.

I would find this very encouraging. Tells me they know without a doubt they can't win on the merits of the case, so they are trying to outlast the resources of the plaintiff.

Someone should invent a "shot clock" for litigants.

TFred

 

[Malum Prohibitum]

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http://www.georgiacarry.org/cms/2009/09/29/marta-opposes-gcos-arguments/

Update

 

[RayBurton72]

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My favorite ir MARTA claiming that their transit system is SO DANGEROUS, they must stop and detain ANYONE they see with a gun.

Would think MARTA Police had better things to do than have several officers spend 30 minutes harrassing someone with a permit and go prevent a crime somewhere.

 

[rmodel65]

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GCO Files Final MARTA Briefs October 16th, 2009 GCO has filed its final briefs on the merits in its federal lawsuit against MARTA over whether it is constitutional for police to stop any person seen carrying a firearm. MARTA’s final brief is due October 23, 2009. After that, the judge in the case is expected to rule on several outstanding motions, including determining if the police may demand the social security number of anyone they stop, if a government agency (such as MARTA) may ignore an open records request with impunity, and if police may detain, under force of law, anyone carrying a firearm. While no timeline is imposed on federal judges for ruling on motions, a decision is expected within a few weeks. The briefs in this case can be viewed here.

 

[TFred]

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I gotta say, some of that stuff makes for rather entertaining reading material, except for the fact that the Defendants are actually serious in their laughable arguments.

The whole "might have been committing the crime" of not having a GFL is almost as bad as the ... Wisconsin I believe ... case where they pulled out the "he might not leave if we ask him to so then he would be trespassing" probable cause defense.

These judges must get quite a chuckle.

It's a sign you've been reading these opinions and briefs a while when you start to recognize the quotes from prior cases.

I can't wait to read the summary judgment!

TFred

 

[rmodel65]

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last brief on MARTA's side http://www.georgiacarry.com/marta_raissi/Doc 50 Reply for Def 2nd MSJ.pdf

 

[old dog]

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Do the police ever stop to consider what it will be like when they have squandered the last soupcon of public support?

 

[Malum Prohibitum]

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Fully briefed now and awaiting a judge's decision.

 

[SlackwareRobert]

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old dog wrote:

Do the police ever stop to consider what it will be like when they have squandered the last soupcon of public support?

Unfortunately they have. How many Gestapo were against themselves being at
the top of the food chain? Dictators never have a problem if they are the dictatoree.

Just look how they kicked and screamed when the SS told DC cops they had to
disarm. Not many non police had anything but good things to say about it,
just ha ha welcome to the rest of us.