|[ 648 F.Supp. 207 ]|
at 390]. When "regulation goes too far it will be recognized as a taking." Pennsylvania Coal Co. v. Mahon,260 U.S. 393, 415 [43 S.Ct. 158, 160, 67 L.Ed. 322] (1922).
Writes Holder: You made an excellent point that in one instance you were actually invited to appear. Given my law enforcement experience, I believe the police had more than a cursory responsibility to determine exactly why you were be asked to vacate public or commercial property , as opposed to private premises, for trespass. They owed you a duty to determine why? They gave the force of law to someone's private biases and prejudices.
In voluntarily dismissing my public accommodations claim (I didn't file administratively) for when Nashua PD continued to harass me after I had left the leased GOP/Joe Arpaio area the the Crowne Plaza I told the Court: "The larger issue is the fact that they continue to bother me at Crowne and at the VFW John McCain rally even though I was following their instructions. At that point you have to leave me alone, let me do my job and just shut up.... and every time they bothered me Your Honor they were trammeling my First Amendment Rights as a journalist to gather news and to write my story."
And I know more than a bit about unlawful use of Police authority both as a former AAG and in private practice, in Isreal v. Roades and Hensley I got those LE busted for making my client a victim of violent crime, V96-61481.
And I reminded the Court that the rationale for not allowing me into the Joe Arpaio "steak out" public invite rally shifted, and shifting rationale is but one way to show that the proferred legitimate nondiscriminatory rationale is pretext for racism. First I was allowed in explicitly as a journo by Defendant Di Lothrop and Defendant Dennis Hogan, Nashua Republican Committee Chair who is also County Attorney. He knows me well. Then Defendant Ryan Williams informs me that I am not a journalist then Di Lothrop does a 180 and says "you are not a member of the media" and THEN she says "this is a private event."
I says they are full of it. Watch the movie, it doesn't lie. But they do every time they open their mouths.
I reminded the Court that Kelly Ayotte and her Chief of Staff John Easton lied in collecting public money to defend this litigation by stating that I had filed frivolous lawsuits, which is actionable in and of itself.
I reminded the Court that Nashua PD blew it on application of Trespass laws against indie journo Dave Ridley and private citizen Mike Gannon in light of Glik v. Boston.