ADA BATTLE UPDATE
Rev. Jim Sutter
practice on; your civil rights attorneys aren't trying to let you down with
your questions about a potential arrest, they just don't have the
preparation. Good luck to you!!!! Deborah Michelle Sanders, J.D.
Attorney at Law
1215 11th Avenue #4
San Francisco, CA 94122
(415) 753-5495 voice, 753-6830 fax
DMS9...@aol.com
Deborah -- My lead atty in my ADA case has 80% of his practice as criminal
defense work. He was a county prosecutor for 10 years, then a defense atty
for almost 20 years. He assures me that I've done nothing wrong and that the
police are full of hot air. I know that too, but will it stop them from
arresting me and putting me through hell until the case gets before a common
pleas judge / Here in Cleveland, our grand jury would indict a ham sandwich,
so I have no salvation there, I would be held probably on some ridiculous
bail until approximately 6 weeks it takes to get to a common pleas judge.
Rev Jim
Deborah Michelle Sanders
being arrested, what you need is a criminal defense attorney and it's to be
hoped the best one in town. Attorneys are good at only what they focus their
Stan Melton
>If anyone is willing to help, maybe by a letter writing campaign, as some of
>you have so kindly done already, I sure would appreciate it. Please let me
>know if you can help.
How about if I come to Lakewood and empty my leg bag on the Town Hall steps?
How about if THOUSANDS of us come to Lakewood and empy our leg bags on the
Town Hall steps? And bring "TV Nation" with us?
Stan Melton
sj...@health.state.ny.us
sounds like a good plan. A mass march!
* S. Bradwell
4-8357
Mary Ellen Emery
Jim, if you are arrested and die in custody because of inadequate medical
care and brutal treatment, we would hope that your family would find a
gung-ho attorney to sue the City for millions. It is too bad that the
Catholic Chruch or someone who has connections doesn't get in touch with
the big media shows---Prime Time Live, etc., to put a big spotlight on
these idiots. Anyway, Jim, if you are arrested, please document
everything, tape (video or audio) everything you can. Evidently, these
people think their intimidation is going to cause your death. Also be
aware that they might come in and confiscate your computer with any email
you have sent or received that you have saved. There is a Privacy in
Electronics Act or some such thing that they may violate if they do
that. Well, you would definitely be following in the footsteps of civil
rights activists by going to jail. Let us hope it does not come to that.
On Thu, 28 Sep 1995, Rev. Jim Sutter wrote:
> Well, for those of you who have been following my fight for ADA compliance in
> my hometown, remember that recently the federal judge magistrate ordered the
> city of Lakewood to respond to discovery, pay my atty and litigation expenses
> as sanctions, plus pay all future costs of my discovery, stop the retaliation
> campaign and accept the ADA.
>
> As of today, the city is appealing, saying that the judge magistrate has no
> authority over them - no, they have not raised soveraign immunity, and that
> won't hold anyway - the Supreme Court says sovereign immuity and judicial
> immunity does not hold in civil rights cases.
>
> Anyway, the city has advised my attys they will NOT honor any of the
> magistrate judge's orders, including the one about retaliation. So far they
> have used the building dept, the muni court, and now they are using the
> police department. The Law Director, who is running the city's anti-ADA
> campaign, has ordered the police dept to "investigate" the advocacy
> organization that I used to run, with an emphasis on his order to the police
> that they "will" find that the organization was a scam, and that they are to
> then arrest me for fraud. This is probably to try to discredit me, and also
> to discredit the organization, as the organization was contracted by the city
> in 1992 to do the self-evaluation which identified over 1,000 violations, and
> which is now a major piece of evidence in the federal ADA suit.
>
> Tonite the police contacted me again, demanding all records of the
> corporation. By the way, we were completely legally established,
> incorporated in Ohio, 501 (C)(3) status approved by the IRS, registered with
> the Ohio A/G, etc., etc., ad nauseum. There is not even a hint of scandal
> there, but I guess that won't stop the city.
>
> Anyway, I faxed my ADA attys, and ordered the wimps to get off their kiesters
> and do something, and do it now ! We'll see, but I don't expect miracles. I
> fully expect to be arrested. That will create an interesting situation, as
> the local jail is inaccessible, and I will insist on my wheelchair and
> portable respirator and oxygen and 34 prescriptions going with me. Isn't
> advocacy wonderful ?
>
> Anyone who has followed my posts probably knows by now that I am a very
> gentle man, very slow to anger, and with incredible patience. But this one
> has pretty well reached my boiling point. I am sick and itred of all this
> crap (excuse me). Now I get to be arrested, just because the city plays
> dirty, and defies a federal judge's order, and my attys are too wimpy to
> aggressively handle the problems. I really wish my attys would grow a pair.
>
> If this seems like ranting, I'm very sorry. Maybe tomorrow I'll calm down.
> but I really, really don't need this. It's a major struggle just to make it
> through each day, dealing with my multiple disabilities. This goes above and
> beyond anything reasonable in fighting a court battle.
>
> I ask that you pray for me, I'm going to need it.
>
> In God's grace, Rev Jim Sutter 9/28/95 11:21 PM
>
Don Pountain
Continue to be amazed by, and encouraged by, your tenacity. Keep up the good
fight! By the way, know how to get a lawyer out of a tree? Cut the rope!
hee hee
Regards,
Don Pountain
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Rev. Jim Sutter
comply with the Rehab Act and the ADA, and to survive the retaliation
campaign being waged against me and my family by the city.
First the city threatened to throw my landlord in jail if he refused to evict
me, without worrying about silly little things, like, my landlord didn't want
to evict me, and he told that to the court.
Then it was using the muni court to put more pressure on us to move out of
Lakewood, and drop my ADA lawsuit.
Then we won a stunning victory when a federal magistrate judge found that the
city had been waging a retaliation campaign, and ordered them to stop and to
pay fines. Of course, the city refused to accept the judge's ruling, saying
he had no authority over them.
Now the city is using the police, threatening to arrest me on a charge that
my advocacy group is or was "carrying on suspicious activities". Try to find
that one in Ohio Revised Code ! Of course, there is no such statute or even
anything close. The cops have been here twice, though, demanding all
available information about the group, financial, membership, background info
on all members, etc. We hear they are running every member through NCIC,
trying to find any "dirt" on anyone associated with the advocacy effort.
I hate asking others for help, but this time I have to accept the fact that I
don't have the energy left to fight this on my own. My attornies are busy
being scared of their own shadows, they just keep telling me I did nothing
wrong and I can't be arrested; I keep telling them to wake up to the real
world - since when do the police need evidence of a real crime to arrest
someone ?
Most of you know I am quite ill, with cancer, Stage 4 congestive heart
failure, chronic hypoxemia, asthma, sleep apnea, diabetes, incomplete SCI at
T-12, spinal arthritis, uncoordinated parastalsys, and a brain tumor. I am
not expected to make it to the end of this year. At first I said "Yeah, I'm
too young and handsome to die", but now I'm not so sure that I'm so young
anymore. :>) It is taking a very long time to bounce back from my last
heart attack, in August.
If anyone is willing to help, maybe by a letter writing campaign, as some of
you have so kindly done already, I sure would appreciate it. Please let me
know if you can help.
Got to go, something's wrong, I don't feel so good, more later. REv Jim
Stan Melton
Rev. Jim said:
> Here in Cleveland, our grand jury would indict a ham sandwich,
Hey, if the ham sandwich committed a crime, it SHOULD be indicted!
Seriously, though, try not to get too worked up about what MIGHT happen. If
they arrest you, then you have a legitimate complaint. But don't spend too
much energy fussing about it until they do so. It seems like you have enough
on your plate (a ham sandwich?) without this extra stress.
Stan Melton
Rev. Jim Sutter
still free yet? The danger is very real to you.
Yes, I read this, and I understand the very real danger. I'm doing
everything I can think of to reduce the element of danger. I am very aware
that if they trumped up some phony charge, set a high bail, and held me for
some period of time in the local jail, and "accidently" forgot my meds, that
it could kill me. I have prepared my attys to take action in such a
scenario. As for records, even if a search warrant is used, I guarantee they
won't get everything. Also, as an ordained minister, who uses the computer
and online posts for part of his ministerial duties, everything here, all
email, etc., is confidential under Ohio law for ministerial privilege. So
anything they take, they give back. I've got a few things up my sleeve
yet. Rev Jim 01:06 AM Saturday 9/30/95
SLBE...@aol.com
I already sent the last three of Rev Jim's last postings to NBC News in New
York, and also the Senate and House.
Steven L. Bender < Life Strinks - Mel Brooks >
Don Pountain
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Stan Melton
Steven,
>Does anyone have an email address for TV Nation,
TV Nation has not been renewed for the new season, but considering the facts
that it won an Emmy, has gained critical praise, and has an ardent following,
it may well be back. Meanwhile, there is a WWW page
(http://cons2.sel.sony.com/tvn/), a Usenet newsgroup (alt.tv.tv-nation), and
an e-mail address (tvna...@aol.com).
Stan Melton
Jerry Torczyner
<snip>
>> Anyway, the city has advised my attys they will NOT honor any of the
they
>> have used the building dept, the muni court, and now they are using the
>> police department. The Law Director, who is running the city's anti-ADA
>> campaign, has ordered the police dept to "investigate" the advocacy
>> organization that I used to run, with an emphasis on his order to the
>police that they "will" find that the organization was a scam, and that
they are
>to then arrest me for fraud.
NOW, might be the time to get the DOJ involved to arrest the mayor
and city directors for violation of 'civil rights' and lack of ADA
'accomodations'.
What does DOJ say? WAR?
With support and hopes for you Rev,
Jerry Torczyner
Rev. Jim Sutter
> NOW, might be the time to get the DOJ involved to arrest the mayor
>and city directors for violation of 'civil rights' and lack of ADA
>'accomodations'.
>What does DOJ say? WAR?
>With support and hopes for you Rev,
>Jerry Torczyner
>
>
Along that line, I've been pondering going to the FBI with a complaint of
criminal violation of my civil rights. After all, because of my health, the
local cops are threatening me in such a way that I am afraid it will cause
grevious bodily harm. Anyone have opinions on this strategy ? Any idea
what legally qualifies as criminal violation of civil rights ? REv Jim