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This morning a Richmond court ruled on the 'Welcome to Richmond Antifa Scum' party we through those young Black protesters on 6/22-23.
Spoiler, the courts rule in my favor (more tear gas!), but let’s look at some of the details:
https://www.courthousenews.com/wp-content/uploads/2020/06/richmond-aclu.pdf
This morning a Richmond court ruled on the 'Welcome to Richmond Antifa Scum' party we through those young Black protesters on 6/22-23.
Spoiler, the courts rule in my favor (more tear gas!), but let’s look at some of the details:
https://www.courthousenews.com/wp-content/uploads/2020/06/richmond-aclu.pdf
Context setting: 'The protest was peaceful, but we were able to arrest people after declaring it illegal…' This is the crux of the case, should that declaration have been legal and does it give RPD unlimited power? Instead, the judge uses it (arrests) as context for his opinion.
To win plaintiffs need to show:
1) They’re likely to win on full review
2) They’re likely to suffer harm without an injunction
3) An injunction won’t harm the police more than no injunction would harm the plaintiff
4) An injunction is in the public interest
1) They’re likely to win on full review
2) They’re likely to suffer harm without an injunction
3) An injunction won’t harm the police more than no injunction would harm the plaintiff
4) An injunction is in the public interest
I wasn’t in the court room and IANAL, so I don’t know what evidence was shown and I may not be reading correctly. But the court ruled the plaintiffs met NONE of those hurdles.
On 2) irreparable harm, the court claims that Plaintiffs cannot show they may be harmed because that is in the future. This is of course established case law used to deny all restraining orders in the state of Virginia because future abuse “has not occurred, and may never occur”
More on 2) irreparable harm: #RVA claims that replacing me (Chief Blackwell) makes any threat I’ve leveled irrelevant and ignores the history of the incoming police chief. https://twitter.com/WhittneyE/status/1276828000076652544
Is it even clear that unlawful assembly designations come from the Chief directly?
Is it even clear that unlawful assembly designations come from the Chief directly?
More on 2) irreparable harm: #RVA claims that the same tactics which are sought to be blocked (tear gas, pepper spray, rubber bullets) have not been used since June 23rd. This is fake news, we fuck shit up! https://twitter.com/JLJLovesRVA/status/1276794012633104385
On 3) The balance of Equities: #RVA argues that the police NEED to be able to use all levels of force because not being able to do so puts the police in inherent risk. While protesters have the option to stay home, police apparently have no such option.
Thanks! Looks like I was mislead by a picture attached to the profile I was reading.
Edited the tweet!
