Monday, August 13, 2007

Prior Restraint?

According to this article, "Park shut down by mayor to thwart rally," in today's Blade, Mayor Carty Finkbeiner ordered a local park to be closed to prevent a group of 8-10 people from holding a rally. The article says the "police received word of a rally with potential for confrontation...."

Potential... no actual confrontation or other inappropriate behavior...

Has the mayor ever heard the term "freedom of assembly" and does anyone think he consulted with his law department before taking such action?

For more blogging on this topic, please visit Hooda Thunkit, History Mike, Glass City Jungle, Jay Ott's Questions and Toledo Talk.

10 comments:

Luke said...

He has clearly violated the law on this one.

Brian said...

Interesting event; by shutting them down the city fuels their bigoted agenda and gets them publicity. Another point Mayor Carty Finkbeiner fails to realize is that “lower order” issues like this emerge when there is a lack of freedom and liberty.

Toledo is in the shape it is because of incompetent government politicians and bureaucrats that believe they can control life through unrestricted taxation and spending, and pointless regulations. Again the lesson to be learned is that having minimal government in our lives promotes prosperity.

historymike said...

Agreed, Luke.

historymike said...

My suspicion, Maggie, is that the Law Department would have told Carty that there is no way in hell he could shut down the park without a court order.

Maggie Thurber said...

agreed, HM...unless they came up with some 'safety of the public' type of argument.

But I'm thinking Carty exercised his 'readyfireaim' method of decision-making on this one...

Luke said...

The only thing I could think of, would be if Carty had the 'right' to close a park for any reason, then he may not have done anything 'wrong'. But that's just a guess.

Chad said...

Ahh...more of Carty and his behavior..

I'll be taking signatures untill the deadline at my home..:-)

Mad Jack said...

No matter what the law department, his handlers or anyone else told him, clearly Carty can shut the park down.

I think the point that is being missed here is that even if the Toledo City Government has infringed, trampled or bulldozed the constitutional rights of the great unwashed, they still did so. The government may ask forgiveness, but even if forgiveness is not a part of the scenario, no punishment is likely to be levied. So even if the final judgment is reached in favor of the civilians, and all appeals are exhausted, Carty and his Crew will not be punished.

It would have been nice if a few city council members were to have shown up to make a stand alongside their constituents in defiance of His Majesty's dictate, but I think I'll have better luck wishing to win the lottery.

Maggie Thurber said...

Mad jack - you're absolutely right.

Although, I don't know how the council members would have known to show up...I sincerely doubt that Carty would have called any of them to let them know what he was planning.

Sadly, I don't believe that even a financial penalty imposed through a lawsuit would have an impact on Carty. I'm sure he believes he did the right thing...and that's the problem.

Chad said...

Ahh heck..someone went and called the ACLU...there goes the neighborhood...lol

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