Janice’s Journal: Tenacity Results in Victory in Carson

12-4-15 California:

Our tenacity paid off! More than 18 months, 3 lawsuits and 2 protests later, the City of Carson has repealed its presence restrictions.

In a vote of 3 to 0, the City Council decided to rid the City of Carson of its presence restrictions which both violated state law and denied the civil rights of more than 100,000 individuals.
This important vote was taken despite a proclamation in 2014 by a member of the City Council to “declare war” upon registered citizens.

This important vote was taken because we did not give up. Instead, we showed up, we stood up and we spoke up – in the courts and in the streets of Carson.

First, we challenged the city’s ordinance in federal court alleging that the ordinance violated the U.S. Constitution and was preempted by state law. In good faith, we later entered into a Settlement Agreement with the City that specified the City would revise its restrictions and we would dismiss the lawsuit. We dismissed the lawsuit, however, the City reneged and refused to revise its restrictions.

The City Council attempted to justify its position by claiming that the City Manager lacked authority to bind the City despite a provision in the agreement stating that he had such authority. The City Council subsequently fired the City Manager.

Members of the City Council replied to the second lawsuit in state court as well as in the court of public opinion. That is, they postured before city residents during Council meetings by speaking out loudly and angrily about the lawsuit as well as about appellate court decisions which determined that similar laws adopted by other local governments were preempted. During those meetings, Council members acknowledged they were aware of the courts’ decisions and proclaimed they would not abide by them because they disagreed. ..Continued.. by CA-RSOL