|Mark Felix/Agence France-Presse — Getty Images|
That photo and this below In today's New York Times fake news Morning Briefing:
1. Demonstrators across the country violated social-distancing orders to call for the reopening of states and the American economy.
The rallies, like the one outside the state Capitol in Austin, Texas, above, rode a wave of similar protests this past week. On Saturday alone, people also gathered in Indianapolis, Ind.; Carson City, Nev.; Annapolis, Md.; Salt Lake City, Utah, and Brookfield, Wis.
I may be thought nuts, paranoid, unpatriotic, radical liberal commie, but aren't President Trump and his obedient reopen America protester mobs going whole hog trying to catch the communist China virus and spread it to everyone they know? Can the same be said of all MAGA rallies? Are President Trump and MAGAs communist China sleeper agents? Is there any other conclusion to draw? Well, is there?
Received yesterday from a Republican childhood friend:
Birmingham, Alabama native, who lives in Key West, told me yesterday of a lawsuit to be filed against the Florida Keys for shutting down:
Sloan Bashinsky So, that's why President Trump didn't want to shut down America? He didn't want to be sued?
I once practiced law, and when a client some times told me someone had said he would be sued for such and such crazy, can they do that? I said, sure, anyone can sue anyone for anything. But that's not right!, client would say. Agreed, I said. Doesn't mean they can win, but can't stop anyone filling a lawsuit.
I know somewhat all the judges in Key West, having lived there a good while. I can't see any of them ruling in favor of someone suing Key West or Monroe County for shutting down local businesses, or the sheriff for putting a checkpoint at the top of the keys to allow in only keys residents and providers of essential goods and services.
They shut down hotels and motels and make tourists leave before approaching hurricanes, and after bad hurricane hits, they for a while only let residents and providers of essential goods and services enter the keys.
Sloan Bashinsky So, the suit will be filed outside the keys, somewhere else in Florida? There is a Florida venue statute>
CIVIL PRACTICE AND PROCEDURE
47.011 Where actions may be begun.—Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.
Sloan Bashinsky Have you discussed your legal strategy with a Florida lawyer? I ask, because the lawyers I know in Key West and up the keys would say the chances of that strategy winning are very low and they don't want to take your money. You might be able to find a lawyer who will take your money, perhaps a lot of your money. I can't imagine any attorney, anywhere, handling such a case on a contingency, or for free. Or, you could try filing pro se and dealing straight up with the county attorney office and the judge assigned to the case.
Benjamin Thomas Twigden Sloan Bashinsky yes an outside lawyer will not win in the keys it's called the bubba system. They will lose then appeal and get it taken out of the keys . No keys judge or jury.
Sloan Bashinsky From your Facebook page, is looks like you and I are from Birmingham, Alabama and then we both ended up living in Key West.
Yes, your only chance is to change the venue. For if you initially file in another Florida county, the case is dismissed because wrong venue. So you sue in Monroe County and argue the local courts are biased against people like yourself and the case should be transferred to another Florida county, preferably Dade County adjacent to Monroe County. The trial judge does not feel biased against people such as yourself. The trial judge has lots of local friends in your same situation. But the trial judge is bound by law, not by personal sentiments, and rules against you. You then appeal to the Florida Court of Appeals, which will affirm the Key West judge's ruling. That happens with a lawyer representing you. Pro se, you are in waters so deep and unfamiliar that you wonder whatever caused you to try to go pro se? So, having being told that by me, you try to get the ACLU in Miami to represent you. The ACLU is very interested in human rights, especially the right to stay alive. They will sympathize with the adverse economic, social, psychological and other bad effects the lockdown had on you and many like you in Key West and the Florida Keys, but I think the ACLU will put trying to keep people alive first. Not sure President Trump would go that way, if he ran the ACLU. He didn't care for state governors shutting down their states. So, perhaps you might instead sue Florida Governor Desantis, who locked down Florida, and Monroe County and Key West then followed suit. Desantis lives in Tallahassee. You can sue him there. Perhaps also can sue him in Key West, where you live and his order damaged you and your property or business. Maybe a Key West judge would be inclined to let a local jury decide Destantis' fate. But, I think there is legal immunity if Desantis was trying to save lives, and the local judge would not let it get to a jury and would rule in Desantis' favor.
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