Battle Against NY Tyrants Rages On!

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Battle Against NY Tyrants Rages On!

American Freedom Law Center, August 28, 2020:

New York, the epicenter of the coronavirus pandemic, has become the epicenter of constitutional violations.  Governor Cuomo and New York City Mayor de Blasio have led this charge, issuing executive orders that plainly violate civil liberties protected by the U.S. Constitution.

But the American Freedom Law Center is fighting back!  We filed two civil rights lawsuits in New York.  The first lawsuit, which was filed in the U.S. District Court for the Southern District of New York, challenges the executive orders restricting the rights to freedom of speech and to peaceably assemble in New York City.

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We filed this lawsuit on behalf of Pamela Geller, a political activist who wants to organize a peaceful, public protest outside of City Hall against de Blasio and his dictatorial policies.  Cuomo’s and de Blasio’s executive orders prohibit this exercise of the First Amendment.

The Governor and the Mayor have threatened arrest and criminal penalties if you exercise these fundamental rights in violation of their executive orders, unless you are protesting as part of the Black Lives Matter movement.  Both Cuomo and de Blasio have not only publicly endorsed these protests in statements posted on their official, government websites, but they have participated in them in violation of their own executive orders.

Below, for example, is photographic evidence presented to the court showing Mayor de Blasio participating in a Black Lives Matter protest in the City in violation of the executive orders.  The Mayor is painting a “Black Lives Matter” mural on the public street outside of Trump Tower.

Remarkably, the district court judge denied our motion for an emergency injunction, making the patently false claim that “because the Executive Order prohibits non-essential outdoor gatherings . . . regardless of the messages expressed, the Court has no difficulty in concluding. . . that the restriction was enacted to protect the public health and bears a real and substantial relation to the public safety concerns at issue.”  We filed an immediate appeal of this erroneous decision to the U.S. Court of Appeals for the Second Circuit, and we are seeking an emergency injunction pending appeal.

In our second lawsuit against Governor Cuomo, we are challenging his Executive Order 205, which requires all persons who travel to New York from certain “restricted” states to quarantine under onerous conditions for 14 days upon arrival in the State.  A violation of the order could result in criminal and civil penalties, including a civil penalty of up to $10,000.

This lawsuit was filed in the U.S. District Court for the Northern District of New York on behalf of Cynthia Page, a resident of Arizona who had to cancel her travel plans to New York due to the Governor’s order.

As stated by the U.S. Supreme Court, “The right to travel is a virtually unconditional personal right, guaranteed by the Constitution to us all.”  This fundamental right is protected by the Fourteenth Amendment and by the Privileges and Immunities Clause of the U.S. Constitution.

In this case, the lower court also denied our motion for an emergency injunction, holding that while this restriction burdens a fundamental right, the current public health crisis grants the Governor authority to suspend constitutional rights as he deems necessary.  In other words, the courts are surrendering.

We immediately appealed this decision to the Second Circuit, and we filed an emergency motion pending appeal.  We also recently filed a request with the court of appeals to supplement the record with new evidence: evidence showing that the Governor has provided an exception to his travel restriction for the celebrities that will be participating in the MTV music video awards in New York City.

The appeals in both cases are still pending in the Second Circuit.

AFLC Co-Founder and Senior Counsel David Yerushalmi commented:

“Governor Cuomo and Mayor de Blasio are classic examples of what happens when petty ideologues are handed the reins of power unattended by constitutional restraints.  What we’re seeing in the courts are men and women in black robes cowering in fear of a pandemic and underwriting this lawlessness.  This is reminiscent of the shameful judicial decisions rendered during past crises.  Recall it was the courts that sanctioned the internment of Japanese Americans out of naked fear during WW II.  AFLC’s mission is to resist this cowardice now and to lay the groundwork for judicial repentance.”

AFLC Co-Founder and Senior Counsel Robert Muise added:

“Benjamin Franklin famously stated, ‘Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.’  Our courts, which are supposed to be the guardians of the freedoms enshrined in our Constitution, have surrendered to these petty tyrants masquerading as mayors and governors.  Their cowardice is leaving us with neither liberty nor safety.  But the fight is far from over.”

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Halal Bacon
Halal Bacon
3 years ago

politicians need to be held legally culpable for bad decisions, period, they have lawyers on their team to explain the law and they dismiss it, they should do so at their own peril

BanLiberals
BanLiberals
3 years ago

Garbage like Comrade de Blasio and Mario Cuomo;s offspring are why we are heading towards another civil war.

SeveredSeclusiveIdiom
SeveredSeclusiveIdiom
3 years ago

fighting or dying trying

Andrew
Andrew
3 years ago

Federal courts in NY are totally corrupt.

toedeladokie says hello
toedeladokie says hello
3 years ago

Facebook Threatens to Censor Conservative Hodgetwins on Same Day NYT Laments Their Success
https://www.breitbart.com/tech/2020/08/28/facebook-threatens-to-censor-conservative-hodgetwins-on-same-day-nyt-laments-their-success/

geirsmith
geirsmith
3 years ago

Man who had his arm partially blown off by Rittenhouse confesses to friend His only regret was ‘hesitating to pull his gun’ and ‘not killing’ 17-year-old

One man died after being shot in the head and a second man died after being shot in the chest. A third man was wounded after Rittenhouse blew part of his arm off with a rifle.

26-year-old Gaige Grosskreutz had his arm partially blown off after he aggressively rushed at 17-year-old Kyle Rittenhouse, who had just tripped and fallen while being chased by the BLM mob.

Grosskreutz had a gun in his hand when he ran up to Rittenhouse, so in self defense, the 17-year-old discharged his weapon, blew off part of Grosskreutz’s arm, saving his own life.

This first video shows Rittenhouse tripping and falling after being chased – he then fired his weapon at 3 different men who jumped on him.

Gaige Grosskreutz of Peoples Revoluntionary Movement
(Allegedly a BLM paramedic volunteer)
http://scallywagandvagabond.com/2020/08/gaige-paul-grosskreutz-kenosha-shooting-victim-shot-activist/
All Three Anarchists have violent criminal histories
http://www.unz.com/estriker/kenosha-all-three-anarchist-rioters-shot-have-violent-criminal-histories/

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geirsmith
geirsmith
3 years ago
Reply to  geirsmith

Whoo Boy…Kenosha Joe (Rosenbaums) rap sheet goes on and on…
https://www.bailbondshq.com/arizona/azdoc-inmate-JOSEPH/172556

http://www.freerepublic.com/focus/f-chat/3878848/posts?q=1&;page=81

some thought this pedo probably just dated a 15 year old when he was 18…oh contraire…mr “shoot me ni##a” did 12 years in the Arizona State Prison….check out his 42 violations….Kyle is a hero….
—-
Trump should invite the kid to the White House and pin a medal on him for taking out these POS ………
***********************************************************************************
Not till he’s off the hook-but I did wonder if POTUS had already done something:

The law firm Pierce Bainbridge, which has represented President Trump’s personal attorney Rudy Giuliani and former Trump adviser Carter Page, is representing Kyle, and has released a 3 page statement. This was arranged by Lin Wood.

Kyle was a life guard. After work he was helping to clean up after the prior night’s riot. A request for help went out. He and his friend went to help.

The gun belonged to the friend and never went across state lines. It was in Wisconsin the whole time. It was all self defense.
https://www.scribd.com/document/474027394/Pierce-Bainbridge-Statement-on-Kyle-Rittenhouse-8-28-20

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Liberalism_IS_UNGODLY
Liberalism_IS_UNGODLY
3 years ago

THIS RULING BY THE COURTS IS TOTALLY UNCONSTITUTIONAL. You cannot suspend ANY Constitutional right an American has. Courts are supposed to UPHOLD RIGHTS, NOT SUSPEND THEM. And NO, Governor/Mayors’ rights are not more important or more legal than its citizens’ rights. POWER DOES NOT MAKE YOU THE LAW.

NYC residents need to TAKE DOWN DE BLASIO……NOW.

RECALL MAYOR DE BLASIO.
RECALL GOVERNOR CUOMO.

It is up to YOU, New York citizens.

lostlegends
lostlegends
3 years ago

Recall?? They just renominated AOC. Fat chance. NYC is dead.

tituspullo
tituspullo
3 years ago

this article misses the point. we need to wage war against the people who elected these tyrants, and will probably re-elect them. as of august 29, 2020, if you are still a democrat and will vote for democrats, you are either mentally ill or a sworn enemy of the united states. either way, you should be rounded up and placed in a detention camp. i hope trump launches a massive gulag construction program in 2021 and starts the round up. the first people that i would chain up and throw on the bus to take them away would be every federal judge appointed by a democrat, then i’d march herds of millions of democrats out of the big cities and into vast camps where they can riot all they want

WildernessOfMirrors
WildernessOfMirrors
3 years ago
Reply to  tituspullo

There already is a massive gulag just south of us. Deport them to Mexico

lostlegends
lostlegends
3 years ago

Hey, wait a minute. I own stock in a Canadian company that mines in Mexico. How about Venezuela or Cuba?

WildernessOfMirrors
WildernessOfMirrors
3 years ago
Reply to  lostlegends

Anywhere south of here works for me.

lostlegends
lostlegends
3 years ago

I say Pam organizes a street dance party in front of Trump Tower. De Blase banned dancing. Crank up the volume. Everybody footloose.

Patriotic American
Patriotic American
3 years ago

Ironic that Cuomo is imposing a 14-day quarantine on people from other states, because . . . didn’t he support the view that Trump’s travel ban was “racist” and “xenophobic”?

presterjohn1966
presterjohn1966
3 years ago

I don’t recommend using the ACLU. They’ve sold out big time, which is a real pity. At one time, it was a great organization. But not anymore…

mtman2
mtman2
3 years ago

Thankfully Pam is not backing off which is what the lower courts try to do by illegal repression to gain submission in subserviant and compliant “bending over” to tyranny…!!!

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