jaysays

jaysays

54p

118 comments posted · 2 followers · following 2

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 0 replies · +1 points

Listen, I have no standing to sue and no advantage comes my way should anyone with standing seek to challenge these groups. I understand you are sore that you got maybe 20K signatures and needed over 60K, but I would appreciate it if you didn’t pretend you are enlightened and I am “uninformed.” If you truly believe that Citizens United protects you and that is the advice of your lawyers, then so be it. I only have a decade and a half of civil litigation experience to know that, whether Citizens United is later applied to this scenario or not, a legal battle is possible and it will be extremely costly to all parties involved should it arise. There are obvious Chapter 27 issues and you might withstand the suit, but it doesn’t mean it can’t or won’t happen. You are attempting to walk on water and being unrealistic while accusing me of being partial (even though I don’t deny I’m partial to equal access). Here’s a tip to help you and your lawyers – research when circumstantial evidence becomes relevant in a civil cause of action and what elements of that cause of action must be met. You will quickly see that you are not immune from litigation and may have liability exposure. This isn’t a scare tactic, it’s a fact. Can that exposure be overcome? Maybe, maybe not. I’ve seen a dozen cases claiming these “rights” and some get thrown out and some continue for years – all of them costing those involved substantially – in money, time and energy.

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 0 replies · +1 points

Of course church members can participate in these matters. However, the repealitsa.com website clearly states "Participating Churches" not "Participating Church Members" with respect to the referendum. It's clear, at least through circumstantial evidence such as interviews with local media, that the same groups are leading the recall efforts, being the same churches who used their buses to get people to City Hall, the same churches who posted on their websites that they will be holding "services" at City Hall chambers. Come on... you may arguably be operating on the line between legal and illegal, but it is a very thin line and you are doing a disservice to your church members in not fully advising them that the legal battle isn't absolute.

Citizens United, a relatively new law, may very well be applied to this scenario, but I am not a judge or jury and the facts will speak for themselves. If challenged, all parties will spend countless hours preparing the litigation and incur significant expense that may better serve the community by feeding the hungry, sheltering the homeless or otherwise. When/if someone files a lawsuit against these churches or a grand jury indictment for the potentially criminal acts is entered under these provisions, I'm sure we will then see a direct challenge in court to the law and we will see if such significant political contributions are within the requirements of the Tax Code and Citizens United. We can reconvene this conversation at that time.

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 0 replies · +1 points

It is my understanding that some people have made reports to the IRS, particularly when churches were calling for their weekly services to be moved to City Hall, and then speaking out against the ordinance prior to the vote. At this juncture, there is no information available as to whether the IRS is or has investigated the allegations made. I am not privy to any specific information other than hearsay.

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 0 replies · +1 points

You are absolutely right that they didn't have a problem before the addition! In fact, these ordinances already existed in San Antonio but excluded sexual orientation, gender identity and veteran status. When Councilman Bernal introduced the ordinance revisions, they were substantially identical to the prior ordinance with the added classes of protection. They were later modified to exclude language that prohibited people from serving on boards and commissions with the city if they were found to have had a prior bias. It's interesting to me that under Federal, State and Local law, I cannot discriminate against a religion (even if it actively attacks me and my family), yet they claim persecution if they are required to "do unto others" as we are required to "do unto them."

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 0 replies · +2 points

The El Paso case was representative of potential damages that can be claimed and the Supreme Court has not yet ruled on the appeal. Until that happens, the US Constitution and Texas Constitution are considered to have been interpreted by the lower court and the law deemed constitutional, therefore no such analysis is required. The briefings in the Supreme Court case are publicly available at http://www.supreme.courts.state.tx.us/ebriefs/fil....

You state: "Read the pertinent clauses of the Texas Election Code, instead doing selective reading." Said code (in its entirety) is available at http://www.statutes.legis.state.tx.us/Docs/EL/htm.... You will note that Sec. 253.094 does not require participation in an ELECTION (as you imply), but specifically states that it includes "circulation and submission of a petition to call an election."

184 weeks ago @ The New Civil Rights M... - Church Groups In San A... · 1 reply · +1 points

The San Antonio Archdiocese released a statement prior to the vote asking for a delay for consideration and changes to the "religious exemptions." To my knowledge, they have not publicly participated in the referendum petition or the recall petitions. The statement they released prior to the vote can be found at http://www.archsa.org/UserContent/file/0818_Non-D...

215 weeks ago @ The New Civil Rights M... - Same-Sex Marriage: Doe... · 1 reply · +5 points

That's the problem with political strategy, Pat. We need a human strategy if we are ever to be equal.

215 weeks ago @ The New Civil Rights M... - From The Corpus Christ... · 0 replies · 0 points

We hope to see you and your wife at the march this weekend -- and see you married, in Texas!

266 weeks ago @ The New Civil Rights M... - "Obama Isn't Even Blac... · 0 replies · +17 points

"I’ve helped black families…to guide them in the right direction." Thank goodness a kindly white lady is there to guide the black folk toward the white direction... I mean... right direction. #snark

338 weeks ago @ jaysays.com | because ... - Will Glee Get Away wit... · 0 replies · +1 points

My apologies, Alex. My psychic powers failed me when writing this. Clearly, you guys did cover it, but well after this post was published, so I was unaware (but did "do" due diligence). My "demand for an apology" statement was more rhetorical. We go up in arms about so many things - but this one nearly slipped threw the cracks.