On Feb 1, 11:17 pm, Bill Shatzer <ww...@NOcornell.edu> wrote:
> hal lillywhite wrote:
> > On Jan 31, 11:14 pm, Bill Shatzer <ww...@NOcornell.edu> wrote:
> >>>If you have done just what you preach right here, please post the
> >>>results of your asking "some (American) Muslims about that." Otherwise
> >>>it might be basically civil to not suggest to anyone that they should do
> >>>something that you would not do yourself.
> >>Two words: "Brandon" and "Mayfield".
> > At least there was some evidence against Mayfield. Bad evidence but
> > evidence nonetheless and the alleged actions were rather serious.
>
> Mayfield's sole offense was being Muslim. Once they discovered he was a
> Muslim convert it was balls out and full speed ahead.
Yet they had an alleged expert claiming that the fingerprint was
definitely his.
Nobody is claiming that that case was any example of good police work,
it was not. In fact I suspect it might be used in police academies as
an example of what to avoid. It was a terrible mistake and he got
what, a couple of million bucks as compensation?
Plus he had a history of defending, at greatly reduced rates, some
rather nasty folk.
> > However if you want real "jack-booted thugs" sort of actions just look
> > at what happens in some places for the "crime" of being politically
> > incorrect. eg.
> >
http://www.washingtonpost.com/blogs/mike-debonis/post/dc-orders-dirty...
>
> Did they put the bartender in solitary confinement and refuse him any
> contact with either family or legal counsel for weeks?
They threatened his livelihood and the business he put his heart and
soul into.
> If you think this incident is in any way similar to the Mayfield
> episode, you've got a couple loose equivalence screws.
>
> Jackbooted thugs indeed!
I repeat, jackbooted thugs. What specific crime was he accused of? He
poked fun at Marion Berry's racist statements. Berry is a powerful
political figure there. Not nice to use your freedom of speech
against the powerful, right?
This is an assault on the first amendment. Take away our freedom of
expression and we will have tyranny.
> > Note, "The sign was removed Friday after a city agency threatened to
> > drag Tomelden before the D.C. Commission on Human Rights in a rare
> > display of the city’s little-known power to regulate speech in places
> > of public accommodation."
>
> There is more than one way to say, "No dogs or Irish allowed".
And by what stretch of imagination do you make that incident into a
statement that any group is not welcome?
> > See also,
> >
http://dc.eater.com/archives/2012/09/12/dc-forces-the-pug-to-rename-m...
> > These human rights commissions seem to have the power of police,
> > judge , jury and executioner and to hell with free speech.
>
> "If OHR finds “probable cause” that discrimination occurred, the case is
> then certified to the Commission. After certification, the Commission
> conducts a secondary, independent review of the case.
Any evidence that any of that happened before they gave the guy the
threatening letter?
> The secondary
> review includes an evidentiary hearing in a “trial-type” setting either
> before an administrative law judge or a panel of three Commissioners.
When was the business owner allowed to defend himself? Indeed, what
specific law was he alleged to have violated?
In fact the commission seems to act as legislature as well. The drink
name might offend someone so they declare it illegal. What law
prohibits offending someone?
> "The Commission’s hearing process operates under the District of
> Columbia Administrative Procedure Act as well as the Commission’s Rules
> of Procedure for Contested Cases, 4 DCMR § 400 et seq. (1995). Hearings
> are de novo, or “from the beginning,” and parties have access to full
> discovery and motion practice, have the opportunity to submit
> documentary evidence, and may present testimony by witnesses who are
> subject to cross-examination. All hearings are public and transcribed by
> a court reporter.
And did any of that happen before the guy got the threatening letter?
> "Once an administrative law judge within the Commission completes the
> hearing, he or she reviews the record and issues a proposed decision
> with findings of fact and conclusions of law. The proposed decision is
> then given to the parties who have the opportunity to submit written
> exceptions to the proposed opinion. After the written exceptions filed
> by the parties are addressed, the administrative law judge submits the
> entire record to the three Commissioners assigned to the case. The
> Commissioner then issue a final decision that either affirms, modifies
> or rejects the administrative law judge’s proposed decision.
>
> "When discrimination is found, the Commission may award a successful
> complainant injunctive relief, back and front pay, compensatory damages,
> and/or attorney’s fees.
And just who was the complainant in this case? Is there any evidence
whatever that any of his customers complained? Instead it appears
that the commission decided the drink name was offensive, acting as
police, judge, jury and executioner.
>The Commission is also authorized to furnish a
> civil penalty on a discriminating respondent which is paid to the
> District government.
Just who did he discriminate against?
> Final decisions of the Commission may be appealed
> to the District of Columbia Court of Appeals."
>
>
http://ohr.dc.gov/commission
>
> Note that any final action of the commission can be appealed to the courts.
Now think about all the legal stuff you've described (most of which
was apparently not followed in this case). What is that likely to
cost the accused? What are his chances of recovering legal expenses?
> Seems an abundance of due process in the entire scheme. Certainly more
> due process than Brandon Mayfield got.
That is the theory but was any of it followed? Admittedly news
reports are notoriously faulty but it appears that someone just
decided he was guilty and handed him the demand letter.
> The entire process falls considerably short of one agency being "police,
> judge, jury and executioner"
That is the theoretical process. I see no evidence that it was in
fact followed.