Chiv'd: Judge in Egger vs Board of Supervisors tells Janelle to make her political position known,, seek remedy in legislature and points out legal failures

◼ Visiting Judge Arnold Rosenfield heard arguments by County Counsel and Janelle Egger, who is representing herself, regarding her lawsuit against the Humboldt County Board of Supervisors. - John Chiv/Words Worth

...The Judge was extremely patient with Ms. Egger who was defensive at times, not able to articulate her position and having difficulty legally supporting her arguments.

Janelle argued with the Judge on law and refused to follow certain legal procedures and suggestions when cornered in court and when the Judge was trying to help strengthen her case. If it were not for his questions, Janelle's presentation would have been even more confusing....

Highlights of Judge's remarks to County Counsel and Janelle.... at the link.

John Chiv's Questions for Ms. Egger

Janelle's screenshot

◼ Janelle Egger tries to serve court summons to Supervisor Rex Bohn during public comment - John Chiv/Words Worth

Why was it necessary to serve the summons during that meeting besides to get attention and on the cameras? It isn't as if you don't know where Rex is or his office is located. Like your previously ill-intentioned lawsuit and perceptions, you just keep on with your agenda. Who is behind this latest ploy? And why?

Those are the questions unasked, not investigated by the local media. People are smart Janelle and they deserve public information that is complete.
__________________
A. Why was it necessary to serve the summons during that meeting besides to get attention and on the cameras?

Janelle: ____

(Anonymous answer #1: The papers were served on the Board of Supervisors which does not exist except when in session. Pretty simple to understand if one has the most basic understanding of our government.) INCORRECT, BTW

B. Who is behind this latest ploy?

Janelle: ___

C. And why?

Janelle: ____
__________________
I'm not playing the email game with you, Janelle. I get that you have something to say. As John points out, you have chosen to 'respond' - though not ANSWER the questions - on an anonymous blog "which clearly has an agenda and is very obviously comprised of the same Heraldo crowd, the Fair Wage crowd and Occupy Eureka."

And you've chosen to comment profusely - pseudonymously - in the comments threads, which is only obvious because people respond to you by your name following those arguably anonymous responses.

All from someone who professes to care about free speech issues.

We live in a nation where free speech is a God-given right, meaning it cannot be taken away, and you are safe to use your name when stating your opinion.

Yet people hide in the shadows of anonymity, refusing to be upfront and honest in stating their opinions, and you choose to participate in that manner.

Not gonna play.

Comment here - WITH YOUR NAME - and I will put your responses in the post. I will do so even if you wish to use your pseudonym: Fortuna Rain. No problem.

ADDED: IF YOU HAVE TROUBLE POSTING HERE, you can email your answers, and I will paste them in.

◼ Supervisors served court summons for alleged Brown Act violations - Will Houston/Times-Standard

The writ of mandate was filed against the board this month by Fortuna resident Janelle Egger, who said the board's use of committees — with three specifically targeted — violated the Brown Act by ignoring its own rules on committee formation and excluding members of the public from attending standing committee meetings, which she claims should be open to the public.

"The Brown Act has a provision, generally speaking, that meetings are going to be open and publicly noticed and agendized," she said. "It says that applies to the legislative bodies and its commissions and committees and then it gives an exception to that. The way the county seems to be interpreting it is that as long as it has less than quorum of the board members it was not subject to the Brown Act."

...One question still up in the air is whether Egger served the summons correctly.

Does this mean you can take down the cyclone fence, now? Can regular people actually walk on the lawn?

Or have the #Occupiers lost a battle but are still winning the war?

◼ Humboldt supervisors enact 'urgency ordinance' - Times-Standard

The supervisors voted 4-1 in favor of the ordinance, with 3rd District Supervisor Mark Lovelace dissenting (having his cake and eating it too)...

The urgency ordinance is effective immediately and restricts protest activities between 9:30 p.m. and 6 a.m. In addition, the ordinance prohibits people from erecting structures or securing items to county property. It prohibits camping on the courthouse grounds, storing personal property, obstructing access or interfering with the passage of others, littering on, damaging or defacing county property, letting non-service animals run loose, using or interfering with county water and electrical services, operating a food facility and urinating or defecating on the courthouse grounds.

Put another way - Lovelace voted in favor of urinating or defecating on the courthouse grounds.

Good going.

Way to stand up for law-abiding citizens. Way to push for a better community.

Actually - I'm with Mark. Let 'em stay, as a shining example of your "Progressive" future.

Paul Gallegos: “I believe the continued presence of tents outside of the courthouse presents a profound public safety risk.”

◼ County emails outrage Occupy Eureka; D.A. says tents posed safety risk - Grant Scott-Goforth/The Times-Standard

Members of the movement used a California Public Records Act request to obtain emails they called “nefarious” that detailed Gallegos' suggestions to Eureka and county officials that tents be taken down from the courthouse lawn. The emails were part of the discussion that led to police action against the Occupy Eureka encampment on the Humboldt County Courthouse lawn.

In a Nov. 2 email to county officials, Gallegos wrote, “I believe the continued presence of tents outside of the courthouse presents a profound public safety risk.”

In the same email Gallegos wrote, “While I do not suspect that any of those tents contain any explosive or otherwise dangerous materials, I cannot confirm that they do or do not and I do not believe that we can allow the risk of such an occurrence to continue....”

In a Nov. 18 email to 3rd District Supervisor Mark Lovelace, Gallegos wrote, “Having tents outside our building pose an immense public safety risk. All you need is 1 McVeigh guy,” wrote Gallegos, referring to Oklahoma City bomber Timothy McVeigh.

Gallegos said that enclosed structures like tents or trucks wouldn't last three minutes in front of a federal building, due to concern over events like the Oklahoma City bombing. He said city and county ordinances outlaw camping on public property, and that those laws don't affect protesters' right to gather and speak....

In a Nov. 18 email, Gallegos wrote, “Candidly I support the movement. Unfortunately here it has been somewhat co-opted locally by our local protesters.”

Ironic. Given that it is "our local protestors" that got him into office.

The #Occupiers are NOT happy with Paul Gallegos

◼ Paul Gallego's bullshit pogrom. - billygoat at Indymedia

INCARCERATION: Holiday Gift from Paul Gallegos to Occupy Eureka

While the District Attorney vacations with his family for the holidays, he (ultimately responsible for actions of his office) has set in motion another campaign of harassment, wrongful arrests, and incarcerations....

What do the three people who were arrested "for a warrant" have in common? They all are dedicated Occupy Eureka demonstrators. They all were arrested in the 'no warning' mass arrest on November 14th. They all made sure to inquire about their court dates. NONE of them received notice in the mail to appear. All of them had signed for or been told that their dates were after the holiday. And NONE of them had, or could have, missed a date! (In fact, Martin went in to the court clerk on his own to make a Dec 28th court date!)

So, why the warrants and the cruel X-mas arrests? We could call it absolute incompetence by the District Attorney's office (who is precisely the entity to cause warrants to be issued here), or we could call it deliberate and blatant action to stifle political dissent. Violating constitutional rights and locking people up to stifle dissent: the same reason that the county and the city and the DA have criminalized hanging a flag banner (or any sign) around the courthouse, and arrested Pat today. The DA's office won't tell us who has these bogus warrants. Who will it be tomorrow?

*Call for the RELEASE OF MARTIN KATZ AND KEELAN MCWAYNE!
COME OUT TO OCCUPY EUREKA, HOLD SIGNS AND SUPPORT!
NO MORE BOGUS WARRANTS AND ARRESTS!!

*Leave message for Kelly Neal, Assistant District Attorney at 707-441-3051 and fax 707-445-7416
KNeel [at] co.humboldt.ca.us, pgallegos [at] co.humboldt.ca.us, districtattorney [at] co.humboldt.ca.us

As stated above, Martin Katz made a court date which is tomorrow morning, Thurs, at 8:00am. If he is still in jail, please show up to support Martin in court. Watch out: The DA's office might oppose his release back to the community like it has for other Occupy protesters!

◼ at TOPIX

Hey. You guys probably helped elect him. Welcome to your world.

'Occupier' at courthouse reportedly harassing employees; EPD has been apprised of the alleged complaints

◼ 'Occupier' at courthouse reportedly harassing employees; EPD has been apprised of the alleged complaints - Times Standard

Jack Nounnan, an activist associated with the Occupy group, said they've had some problems with a few of the homeless residents that gather there but that none of the core people of the Occupy group have harassed anyone.

”There's a couple of people who are definitely mentally ill, and sometimes they scream,” Nounnan said. “We've never seen any of them accost anybody going into the building.”

Step aside, the REAL activist muscle is involved now

◼ Occupiers turn out for Saturday rally in Eureka

Armed with a variety of fliers, sign-up sheets and a microphone, Aryay Kalaki and Jerry Martien -- event organizers for the newly formed Occupy Humboldt County -- spoke about the need to move the “Occupy” movement beyond the courthouse's doorstep.

”The attempt here is to find a transition from the (Occupy Eureka) group here to finding a way to be effective in doing outreach to the larger community,” Kalaki said.

Whaddya wanna bet there are some other well-known names in the shadows.

”I'm hoping the movement can help to be a voice for real change on big issues,” (Mark) Lovelace said. “I need these people to help me advocate at the state and national levels.”

Higher office?

So far - what have they accomplished? They've got a cyclone fence keeping EVERYONE off the lawn. Good going. Ruin it for everyone, that is the end result of #Occupy. Eyesores, less freedom and more restriction.

Renege on student loans - no more student loans for anyone. Ruined for everyone.

Default on your mortgage to bring down the banks? No more mortgages for anyone. Ruined for everyone.

That's your end result. Nice to know who's down with that.