03 July 2008

"I thank God for an attorney who won't turn you away 'cos you ain't got no money."

That is a very interesting passage in "Live Revolution." At 32 seconds into it, Jerry Doyle -- who prevailed on many First Amendment cases with me as counsel and another one I started that was finished by John Waddy -- said those exact words at my disciplinary hearing. During his delivery he glances to his left at Bar Association Counsel Bruce Campbell -- and Campbell looks away, almost idly. It's classic.

PS: Some people say I'm not nice to opposing counsel but that's obviously a lie. As you can see I have a great big smile for Maria Proulx, who also lied to the Court and did further try to cover another lie by her client, but I had the tape. Interestingly, in terms of civility to be expected between opposing counsel, her co-counsel, Ransmeier & Spellman Partner Charlie Bauer (who withheld exculpatory evidence) told me on the record, "I'm not here to be your friend."

How rude.

Related post: Syndicated columnist Mike Royko (RIP) noted on the 8-Ball Tattoo/HIV case, where we defended an artist for not providing a Tattoo so someone with HIV/AIDS "Civil Rights take a wrong turn in Ohio." In the comments, I responded to a "C-Notes" story that implied that we were ignorant of the issues of HIV/AIDS, when really all we wanted was a physician's consent -- WHICH WAS PASSED INTO LAW, specifically "3701-9-04 General safety and sanitation standards."

7 comments:

Christopher King said...

Of course one can also see Kelly Ayotte's buddy Jaffrey Chief Dunn (who lied Under Oath see para. 4 and was subsequently fired) and some other folks from the NAACP, one of whom also lied Under Oath.

Now that really sucks, and I hate to bring it up, but every day folks read this blawg who don't know the evil that lurks in SOME regions of New Hampshire Law Enforcement.

FWIW the termination was upheld by former NH AG John Arnold. Watch him in action as you could see he was clearly disgusted by the State's case and the ridiculous attempt at suppression of the First Amendment that brought the case before him in the first place.

Happy Independence Day!

Christopher King said...

And now a Word about Judge Hicks, now of the NH Supreme Court:

......And he has been noted as a man of compassion:

"Watching the compassion he had for other people was refreshing," (Judical commission panelist Phil) Waystack said. He also [called] Hicks an "embodiment of the notion that lawyers can be adversaries without being enemies."

I dunno. I tried, but after I started filing things in Court that showed that they and their clients were less than forthright, they didn't want to shake my hand or nothin'.

They were just personalizing the case and you really shouldn't do that as counsel.

Christopher King said...

So after Bauer sassed me I gave it right back at him:

221
17 MR. BAUER: Before we leave 31, what
18 is this proof?
19 MR. KING: You can ask me that
20 later at my deposition.
21 MR. BAUER: I'm asking you now.
22 MR. KING: I'm not going to tell
23 you now. It's my deposition of Miss
24 Timmons. You'll have your turn.
25 MR. BAUER: I may not use my turn.

222
1
2 MR. KING: That's up to you, but
3 I'm not giving it to you now.
4 MR. BAUER: Okay. I just thought
5 you might want to clarify the record.
6 MR. KING: Nope. Probably some of
7 those e-mails that she destroyed that we
8 talked about earlier that she should have
9 kept. Did you get that?
10 (Whereupon Timmons Exhibit-32 was
11 marked for identification.)

It's All Good.

Christopher King said...

This response was provided to a "C-Notes" story that implied that we were ignorant of the issues of HIV/AIDS, when really all we wanted was a physician's consent -- WHICH WAS PASSED INTO LAW as you will read below.

********

"I was lead counsel for Adam Gray on the 8 Ball case. Let me tell you that there were ALL KINDS of issues that the state suppressed, most notably the Adamizer's First Amendment Argument that he cannot be compelled to paint a bad canvas because his art would suffer.

My former client (from when I was an AAG), OCRC Hearing Officer Frank Martens deliberately lied about the fact that Adam walked over as Lesleigh was giving the tattoo and noted that Floyd Dobbins had a another tattoo that was not healing properly and that he had lied on his application about not having HIV/AIDS.

Basically as Adam is allowed to turn people away for acne, lesions or any other skin condition the point was that Dobbins was turned away for his skin condition, not purely because of HIV but Martens didn't want to go that deep into the analysis of Civil Rights law as to whether a skin condition caused by the HIV can provide legitimate criteria for refusing the elective procedure of a tattoo.

It would be like me showing up to Maaco and saying "paint my Jetta" when it is pock-marked with rust and they say "no can do.... bad canvas" and I say "No, it's because I'm black, isn't it?"

***********

Adam's friend Durb Morrison (a National talent BTW)

http://www.durbster.com/

....at Stained Skin was going to do it for Adam because he can separate in his mind the work that might not turn out as he wants it in these conditions but that wasn't good enough. Durb is a cool cat, former skin head racist who became a friend of mine even though I'm black. Durb also runs Hell City Tattoo festival and he had a skateboard ramp in his basement, YAH!!!

None of us are bigots or insensitive to HIV/AIDS issues, and in fact we had lobbied the Board of Health for regulations requiring a physician consent standard for HIV patients and in general, as we know that people were giving tattoos where liquor was served and snakes were present, all of that nonsense.

Here is the Health Board Response that Joe Weaver told me (he was cool, he was upset about it):

"The board thought be regulating tattooing they would be legitimizing it."

How absurd, it's an ANCIENT ART FORM, duh. It's ALREADY legitimated.

**********

We argued in a Supreme Court Mandamus that was an abuse of the public trust and that regulations needed to be passed.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=oh&vol=100008&invol=1

State ex rel. Crabtree v. Franklin County Bd. of Health, No. 96-1094, SUPREME COURT OF OHIO, 77 Ohio St. 3d 247 (1997).

We lost and the Court entirely ignored the capricious rationale for not regulating that was ESSENTIAL TO THE THEORY OF THE CASE but guess what? They eventually DID IN FACT PASS a physician consent statute, which is what we argued for:

http://tattoojoy.com/tattoo_laws/united_states,ohio,1.htm

3701-9-04 General safety and sanitation standards.

(A) A business offering tattoo or body piercing services shall comply with the following provisions.

(3) Prior to tattooing or body piercing, the operator who will be performing the procedure shall inquire of a patron for conditions which could affect the healing process. The operator shall not perform a tattoo or body piercing
procedure on patrons indicating the presence of such a condition without documentation from a licensed physician indicating acceptance of the patient
for appropriate care following the procedure.

Eff 4-30-98

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 3730.10

Rule amplifies: RC 3730.06, 3730.07, 3730.08, 3730.09

R.C. 119.032 Review Date: 4/30/03

*********

For more on this visit my blawg and run a word search for "Mike Royko" (the syndicated columnist who ran two stories on it) or "tattoo" or "8 ball."

http://christopher-king.blogspot.com/2005/08/mike-royko-on-kings-cases.html

While I don't know the condition of the would-be recipient's skin in this case, I will be contacting Earl Pike and the Body Revolution with my observations.

Peace out."

Christopher King, J.D.

Christopher King said...

Durb knows how crucial this matter really is. So he wrote me back today and I wrote him again. You really had to be there to see how ridiculous it was.

********

Re: durbster : Love Me
Friday, July 4, 2008 4:11 PM From:
"Christopher King" kingjurisdoctor@yahoo.com
To:
"Durb Morrison" durb@hellcity.com
Cc: kingjurisdoctor@yahoo.com

Indeed my brother, indeed. We went through some crazy times just trying to get The Man to do the Right Thing, then they did..... but now we have no idea w'happened to the Statute.

I'll be putting the question to the State House Legislative liason next week.

I'll mos def check you out if I come that way, and if you're up North NH/Boston give a holler too!

All the best,

-c

--- On Fri, 7/4/08, Durb Morrison durb@hellcity.com wrote:

From: Durb Morrison durb@hellcity.com
Subject: Re: durbster : Love Me
To: "kingjurisdoctor@yahoo.com" kingjurisdoctor@yahoo.com
Date: Friday, July 4, 2008, 12:53 PM

Hey there, how've ya been!? Wow, that's quite the stroll down memory lane seeing word of the old case. It's important for everyone to still know what happened back in the day before tattoo regulations here in Ohio, good lookin' out!! Hit me up if you ever come back through town, thanks for the props!! Take care!!

Anonymous said...

Its a great day on this blog when there is a picture of Shiny Hair Proulx.

Christopher King said...

10:02

I knew as soon as I saw the yahoo note that Horn Dog wrote in that it would tie in with this post.

Stay tuned. I may post another gratuitous picture of Ms. Proulx soon.

Just for you.