Tag Archives: Law

Filming of public officials

Two weeks ago today a U.S. appeals court ruled that citizens can video police. The actual decision is broader than that. It’s not just about police, it’s about “The filming of government officials engaged in their duties in a public place”.

Quoting from United States Court of Appeals For the First Circuit, No. 10-1764, August 26, 2011.

Page 8:

The First Amendment issue here is, as the parties frame
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
it, fairly narrow: is there a constitutionally protected right to videotape police carrying out their duties in public? Basic First Amendment principles, along with case law from this and other circuits, answer that question unambiguously in the affirmative.

It is firmly established that the First Amendment’s aegis extends further than the text’s proscription on laws

Continue reading →

Boston catches up with Atlanta: you can video police

Poilce are public employees, and the public has a right to video them doing their duty; so says a federal appeals court.

Pace Lattin wrote for Technorati, Federal Courts Rule it is Not Illegal to Film Police John S. Quarterman

The First Court of Appeals has reached a decision that would allow the general public to video-tape police officers while they are working. This decision comes right after several well-known public cases have come to light involving citizens being arrested for video-taping police.

This specific case in question was Simon Glik vs.The City of Boston (and several police officers), in which a teenage Simon Gilk was arrested after videotaping Boston Police abusing a homeless man. While Mr. Gilk was not interfering with the police, he was arrested on wiretapping charges.

The ACLU had sued on his behalf, even when the charges were dropped, noting that there was a growing epidemic of citizens in the United States being arrested by police for videotaping, even when documenting police brutality and abuse.

The First Court Agreed with the ACLU that this should be legal, and wrote that: “The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within these principles [of protected First Amendment activity].

The Atlanta Police Department already avoided this problem by settling a previous case and making a policy that citizens can video police. This appeals court ruling now says anybody can, nationwide, because of the First Amendment.

Why has this become an issue lately? Continue reading →

30 jail deaths since 1994 to 2009 —George Boston Rhynes

Received today on Alabama bishops criticize ALEC’s immigration law -jsq
Churches and pastors need to view this video and see about these animals. That is since we read so much information about the Animal Shelter in our area about abused animals. What about these animals and the thirty deaths that no elected official, church, human being or orgnzations seem to care about.

Did you know that Valdosta-Lowndes County Jail is leading the State of Georgia in Jail Deaths for whatever reason. Yet, no one is talking about these people many of whom are military veterans that served their nation. So where is the humanity to man?

Yes, we have had 30 jail deaths since 1994 to 2009 and not the Lowndes County Attorney has put it in a letter in so many words

Continue reading →

Animal issues on facebook

For those who miss their regular daily diet of animal shelter issues, Susan Leavens has started a facebook group called Georgia’s Regulatory Animal Protection Division the truth behind them.

And who knows? Maybe soon we’ll hear results of that investigation down at the sheriff’s office. Or maybe Gary Black will live up to his campaign promises. Or maybe Lowndes County will let the Humane Society train animal control officers. The more people ask for these things to happen, the more likely they will happen.

-jsq

Private prison operations have been rife with abuse —WV Council of Churches

Another Sunday, another church group against private prisons; this time, a group of churches.

Dan Heyman wrote 12 January 2010 for Public News Service – WV, Churches: No Private Prison For Immigrants In WV,

CHARLESTON, WV – West Virginia’s largest church group has asked U.S. Sen. Robert Byrd and the rest of the state’s congressional delegation to oppose funding a private prison for undocumented immigrants in Pendleton County near the Virginia border. The Council of Churches is one of several groups discussing immigration reform ahead of expected congressional action on the issue. The Council has asked federal lawmakers’ help in the effort, arguing private prison operations have been rife with abuse. GSI Professional Corrections is seeking county commission approval to build the detention center near Sugar Grove to house 1,000 nonviolent immigrant detainees awaiting possible deportation.

Rev. Dennis Sparks, the Council’s executive director, complains private prisons operate outside the mainstream legal

Continue reading →

Many of the veterinarians do not want anything to do with the shelter —Susan Leavens

Received yesterday as the most recent of many comments on Let the Humane Society train animal control officers. -jsq
I know many of the veterinarians do not want anything to do with the shelter; for whatever reason. Whoever with the number of feral cats that come to the shelter each day… the vet would have to come several times a day just for them; they have no way to house feral cats. And no place to hold them for long periods (not even hours at that rate), during puppy an kitten season, sometimes 30 or more cats a day are euthanized.

I know the Humane Society offered both sheriffs

Continue reading →

Legal definition of animal cruelty in Georgia —Susan Leavens

Received 27 July on Shouldn’t the people running the facilities … be held accountable? -jsq
I guess this answered my question,

What is the legal definition of animal cruelty in Georgia?

-Susan Leavens

She quoted the whole thing, which is quite long. I found this passage particularly interesting. -jsq
Local law enforcement (municipal or county police department or county sheriff’s department) enforces the criminal provisions of Cruelty to Animals, O.C.G.A. §16-12-4.

The next comment contained the clarification below. -jsq Continue reading →

In accordance with the law —Susan Leavens

Received today on When officials act like they are hiding something, they usually are. -jsq
“You won’t receive an open-records request if you answer questions honestly and in accordance with the law.” What an honest statement; perhaps some of this too.
GEORGIA CONSTITUTION
ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS
SECTION II. HOME RULE FOR COUNTIES AND MUNICIPALITIES
(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:

(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.

(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority.

(3) Action defining any criminal offense or providing for criminal punishment.

Subjects such as CUEE don’t seem to elicit the same due diligence —Barbara Stratton

Received today on When officials act like they are hiding something, they usually are. -jsq
I commend the VDT for its persistence in pursuing requests for information on many subjects. However, as John mentioned some subjects such as CUEE don’t seem to elicit the same due diligence in pursuing true facts. The VDT continues to support CUEE agendas even though it has been well established that the CUEE committee did not follow true priority of law when it ignored the 1983 GA constitutional law requiring all involved systems in a consolidation action be allowed to vote. CUEE still persists in following a 1926 statute that says only city voters are allowed to vote & the VDT continues to support their efforts. It seems to me a failure to acurately report all facts exists for both the CUEE committee members & the VDT staff.

Since a costly voter referendum action has been activated & supported by both entities in spite of & in the face of priority of law objections it is my opinion a crime or crimes have been perpetuated upon the citizens of Lowndes Co. & a Grand Jury investigation should be convened to address these criminal actions.

-Barbara Stratton

There is no question how the Law reads —Susan Leavens

Received Monday as a response to Euthanization Violations at the Lowndes County Animal Shelter. -jsq
There is no question how the Law reads; the only question is who indicated there no wrong doing? And they were questioning my character? I question those people who indicated I had a bios opinion to read the laws of Georgia. I am aware you can mirror laws and even add to them in county ordinances but you cannot take away from the law in anyway.

From the United States Department of Agriculture Web Site on Euthanasia

http://www.usda.gov/wps/portal/usda/usdahome?navid=AZ_INDEX

Under Guidelines for Euthanasia

When performing euthanasia in a shelter

Continue reading →