User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law

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Wednesday, September 1, 2010

Mayra Diaz Promises Arizona, a vision of brotherly love, freedom of speech and democracy!

 

When I look at my generation I can’t help but sigh in relief there is a future generation.  So many of the young people who have grown old with me have also grown ugly in the way they look at others.  At a time when America has more than enough, my generation seems to be filled with a continued desire to jam its coffers with greenbacks while denying others a chance at anything at all!

 

Enter the next gen!  After spending an exciting three weeks as a fellow with an organization called Promise Arizona, I have hope.  The organization is made up mostly of young people and they have a liberal point of view about inclusiveness.  That seems generous considering the exclusiveness so many who are my age are fond of sporting.  It was refreshing to work with people whose vision for the future is helping others and standing by the basic principles of democracy!

 

 

Mayra Diaz is one of those young people.  Trust me there are many more.  Mayra made sure to welcome me into the Promise Arizona family the first day she spotted me at their office.  In this interview, she speaks with her heart about ideas that are mature far beyond her time.  Some call it idealistic.  I think it is a dose of reality for which an America struggling to find its moral purpose would benefit from. 

 

Promise Arizona was created after the passage of SB 1070.  As activists protested in front of Governor Jan Brewer’s mansion, and later for 104 days in a vigil at the state capital, those who history forced into roles of leadership began to talk.

 

“We have found strength in our pain.” they said.  “Why not use that strength for a better Arizona?”

 

Soon enough, Promise Arizona was born, with the immediate mission to register as many of Arizona’s 670,000 eligible Latino voters as possible.  Mayra heard the call for action as have hundreds of people who see the grave injustice forced upon the immigrant community.  Sunday, a room packed full of future activists gathered to learn leadership skills and how to do voter registration.  Later that night, another bright star birthed from the injustice, rap artist Tomas Karmelo performed the song he and Deandra (DeDe) Gamez wrote at the vigil.

 

Michele Rudy of Promise Arizona says there are more opportunities to serve.  Come be part of history and join Mayra and the team create a new political landscape!

 

Sunday, August 15, 2010

Are immigrants a cover for a dirty Sheriff Arpaio?

 

So much that is happening in Arizona with the undocumented people makes no sense.  For example, Sheriff “Little Joe” Arpaio and his barrio raids make no sense to me!  Why wouldn’t this brave sheriff go after drug dealers instead of poor people?

One possible answer came to me when I was talking to a businessman in one of the Phoenix barrios.  He owns a tire shop and business is not great, but he is making a go of it.  Not long ago, he was approached by a man who offered him “protection” against one of the Maricopa County gangs!  All he had to do was pay 10% of his income and there would be no problem with gang activity!

Right here in River City is a hot-shot sheriff who consistently attacks the undocumented community.  These are poor people trying to make a buck to feed their families and still send something home to mom.  At the same time, gangs are shaking down honest Latino businesses.  Where is Little Joe Arpaio now?

Then I got to thinking.  Heck, with up to 900 officers and posse-up volunteers, there is plenty of man power to hit the Phoenix drug dealers.  Instead, what we are hearing about are the busts of undocumented workers.  In fact, every time Little Joe opens his mouth the press come running.  But they never seem to get around to asking about crime in the city.  Why not?

Many people don’t know, but Sheriff Little Joe Arpaio was the head of the DEA in Arizona before winning the hearts of conservative Arizona.  Since then, a river of drugs has started pouring through Phoenix on it’s way to various U.S. destinations.  Sheriff Little Joe has been surprisingly ineffective in doing much about the increased trafficking.  He sure is good at finding undocumented workers!

So no one misunderstands, I make no claim Sheriff Joe Arpaio is dirty.  I don’t know.  But considering his expertise in with the DEA, one must wonder why he has decided to concentrate on poor people instead of drug dealers.  What do you think?

Tuesday, August 3, 2010

Abused in Joe Arpaio jail? Tell your story!

 

Immigrants2bfree is doing research on reported violations of human rights.  They are seeking people who have suffered physical or psychological abuse while in the custody of the Maricopa County sheriff’s office.

If you or someone you know has suffered abuse the civil rights organization wants to hear your story! 

False arrest

Beatings

Rapes

Verbal abuse

Psychological abuse

Medication problems

Subjecting to extreme temperature

Other human rights violations

Please contact:

immigrants2bfree@gmail.com

Saturday, July 17, 2010

Immigration activists raise hell and put a prop under it SB 1070, Arizona July 29th 2010

Call to Action against SB 1070

Puente Arizona – Alto Arizona

Activists ready to raise hell and put a prop under it

in a peaceful way, of course!

 

July 29th 2010 Don’t Work! Don’t buy! Don’t comply!

ACTIONS!

If individuals or groups are planning Non-violent civil disobedience or direct action against the racist laws targeting migrant communities in Arizona, here are suggestions on how to best direct your energy.

Suggested Areas include:

* ICE Headquarters

* Wells Fargo building/Joe Arpaio's office

* Detention Centers

* Jails

* Arizona State Capitol

* Areas related to Russell Pearce, Joe Arpaio and Jan Brewer

* Boycott Targets: o Diamondbacks o Fiesta Bowl

'* School Districts who have not publically stated that they will not comply

* Police Jurisdictions who have not publically stated that they will not comply

* Cities and towns who have not publically stated that they will not comply In recognition of the past and on going organizing and resistance happening in Arizona we ask that groups or individuals coming to please respect the following guidelines.

Guidelines:

* Participants will not inflict harm/injury to persons

* Participants will not inflict harm/damage to property

* We encourage people to think about how their actions can communicate to a broad audience and invite people to learn more about what is going on

* We encourage people to use creative and positive tactics

* Participants will not carry drugs/weapons

* Participants to not carry ID on July 29th and moving forward.

* Participants will come as self-organized action teams and affinity groups

Sheriff “Little Joe” Arpaio, a bully with a badge, has let the community know he plans to be out in force on the 29th!  It is his day to take advantage of the laws which treats undocumented people and anyone who looks like them unfairly!

Apply to Alto Arizona to help with legal observing or to participate in civil disobedience or an action of protest.

Arizona SB 1070 is the most vicious anti-immigrant law passed in U.S. history.  It requires detention of any person suspected of being an undocumented while giving citizen groups standing to sue for failure to enforce.  Meanwhile, a person driving his friend to church could be charged with transporting and employers are subject to severe penalties for hiring undocumented workers.

Free Arizona Map

Let the state of Arizona pay for it!

Friday, July 2, 2010

Colorado pulls the rug out from under MMJ Medical marijuana

The State of Colorado pulled a fast one when they passed their new legislation on Medical Marijuana.  If you were in business before Colorado House Bill 1284 went into effect, that is about 42 minutes ago, you might not be for long!

Just after growers invested life savings to become farmers, Colorado put the kibosh on their business and their dreams.

“Some of the provisions of the Colorado law will put people out of business” said Geno Rodriguez, a broker and expert on the MMJ business.  According to Rodriguez, if you are late paying your sales tax you could be out of business soon!  That is because late payers no longer qualify for a license.  Once you lose it you will have a hard time getting one again.

A second major change, according to Rodriguez, who works for MMJ Business Solutions, is the grow requirement.  Surprisingly, many businesses licensed as retail dispensaries have little interest in the fine art of cannabis farming.  They left that to professional growers who were also licensed.  Under the new Colorado laws, growers are a thing of the past.  Dispensaries must grow the majority of the product they sell.  That has left growers and dispensaries frantically partnering into business relationships which might otherwise have been better thought out.

By the way, I didn’t want to point out to Mr. Rodriguez the initials of MMJ Business Solutions is MMJ BS!  This guy knows more about Colorado state MMJ laws than most attorneys!

One thing is for sure.  While the feds have agreed to back off of the MMJ issue for now, that only applies to the guys who follow the rules.  The rules just got a lot tougher.  Those who violate the laws may find themselves in hot water next to bend-em-over Bill in the state pen!  MMJ is high risk if you do it right.  If not, well that is where a good attorney or consultant comes in hand!

The future of the MMJ business is likely well cemented in Colorado, no matter who is left standing today.  Colorado has imposed large tax and application fees on MMJ businesses.  Once the cash starved government gets it’s hands into the money pit they are not likely to toss it back easily.

Those who have a legitimate reason to use medical marijuana can register and get your walking papers at the Colorado Department of Health!  The word legitimate applies, the state cracked down hard on doctors who were giving out licenses like candy.  Someone always rains on a good parade, but we are sure the docs who were doing this irresponsibly will find another racket, unlike growers who are out of luck if they have not found a good dispensary!

Friday, June 18, 2010

Response to civil disobedience not always civil – Pastor tazed, beaten at immigration checkpoint

On July 15th, 2010, there was a symbolic act of civil disobedience at the foot of the Federal Court House in Denver, Colorado.  Fourteen activist were arrested when they refused a lawful order to leave the street.  Denver Police, having been alerted to the event, were fully prepared and with cameras pointed in their direction, very gentle.

Those who take the drastic step of civil disobedience understand the response by law enforcement may not always be civil.  The idea behind civil disobedience is to passively refuse to obey “lawful orders” by authorities.  It generally results in a peaceful arrest and a royal pain in the tail for the authorities.  But not always. 

Pastor Steven Anderson was passing through an immigration checkpoint between San Diego and Phoenix on April 14th, 2009.  Pastor Anderson passes through these checkpoints on a regular basis.  Each time he challenges the border patrol agents as to their right to inspect him 100 miles away from the border, their right to detain him for secondary inspection, and their right to search his vehicle without a warrant.  In previous trips, Pastor Anderson has buffaloed the sometimes baffooning officers.  His luck ran out on a fateful Tuesday night.



This time an officer from the Arizona Highway Patrol was called.  He demanded Pastor Anderson exit his vehicle.  He indicated the Pastor was under arrest for failure to follow a lawful order, essentially an act of civil disobedience.  When Pastor Anderson refused, the front passenger side and driver’s side  windows were broken.  Pastor Anderson was tazed for 13 seconds.  Meanwhile, one of the officers jammed the helpless man’s head into the broken glass cutting his face.
 

 

A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

 

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 

 

A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

 

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 




A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 



A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 



A judge wisely dismissed Pastor Anderson’s case rather than let a bull-dog D.A. try to spin the yarn of active resistance on the part of Anderson.  The truth usually comes out in these matters and the longer a case like this one drags on, the more the ugly truth gets told.

We are in a bitter battle for comprehensive immigration reform.  The battle has claimed many lives.  Pastor Anderson is lucky he did not pay the ultimate price.  While most of us would like to frame this as an immigration right’s battle, it has many faces.  There is the gay rights angle to it, as the GLBT community has suffered much like the immigrant community.  In addition, gays still suffer discrimination when they try to immigrate to the U.S. 

From my point of view, this is a battle that transcends both immigrant’s rights and the rights of GLBT people.  This is a fight for basic human rights and human dignity.  While Pastor Anderson does not make a case for immigration reform.  Rather, he makes a case for the conscience of the Amercian people, to say, “papers please” does not work in this country. 


Thursday, June 17, 2010

Car strikes motorcycle in serious South Parker Road accident, Aurora, Colorado.

 

With summer comes the fun.  With fun comes motorcycles.  At least fun for some.

 

 

Unfortunately, for two motorists, last night was a tough one.  Apparently, a motorcycle was headed North bound on Parker Road when it was hit by a passenger car near Illiff Avenue, in Aurora, Colorado.  We have video of the crash scene.

 

We urge you to remember, when it comes to cars and motorcycles, the cars win just about every time.  The losers are the bike rider and the car driver.  If the biker makes it through he will likely suffer serious injury.  No matter his fate, the driver of the vehicle may have a nightmare to deal with for the rest of his or her life!

 

If you want some help with defensive driving, or you have a young one who throws caution to the wind in an infallible belief what happens bad to others will never happen to him, there is the National Traffic Safety Institute.  Better to call them before the court requires defensive driving classes rather than after!

 

According to the Motorcycle Safety Foundation, over half of motor vehicle fatalities involve motorcycle-car crashes.  Most of the time, says the Foundation, the fault likes with the vehicle driver.

 

Forget the ego, be especially careful, some of these bike guys steal the road, others are in the wrong place at the wrong time.  Whatever the cause, a collision is the start of a nightmare for rider and driver and their families!

 

We do not know whether there was a fatality in this case.  The Aurora Police closed Northbound Parker Road.  I spoke to the party who had hit the biker and she was very shaken up.  He few words were, “I hope he is o.k.” pointing to the debris field.

 

 

Drive safely this summer!  And stay around awhile!

 

Tim