WOW! Oysters 1 Feds 0 This is great news. I’ve eaten many dozens of these oysters!
That reminded me of a Clinton era shenanigan.
Unelected left-wing fanatics are obviously the ones who are after Drake's Bay Oyster Company, et al.
Though not the same this may be germane. Roberta Achtenberg of Clinton's HUD launched investigations of citizens of Berkeley, Calif. who had opposed HUD proposals with letter-writing, pamphleteering or other forms of peaceful protest. Achtenberg ordered the protesters to turn over diaries, phone messages and other personal papers. She threatened to fine the protesters $50,000.
If memory serves a federal judge cleared the way for bureaucrats and Ms Achtenberg herself, personally, to be held accountable and open to legal action. Again if memory serves Ms Achtenberg hightailed it back to San Francisco leaving her "brilliant" federal career behind.
I did not read much of the document but I do recall reading that the decisions left bureaucrats open to be personally responsible for their actions on the job and they could be sued as individuals. I believe the higher court agrees.
My point: I have no training in law.. I do wonder however if the courts' opinion matters vis-a-vis a citizens rights against bureaucracy lies and wrong-doing (the Drake's Bay Oyster Company decision).
For example the court wrote, "When government officials violate citizens' clearly established First Amendment rights, however, we will not apply the doctrine of qualified immunity to defeat a remedy of damages to which the citizens are entitled under Bivens." I did not research Bivens. para #92
Thanks for posting. I’ve been following this case and thought the Oyster Co had already been thrown off the land.
This is good news indeed, hopefully the oysters will prevail.
In a battle of wits between Salazar and an Oyster, I’ll bet on the oyster any day.
Salazar has established himself as a tiny Napoleon, complete with a Napoleonic/Hitlerian complex, and a nasty disposition to boot.
What the hell is happening to Colorado? Too many of their top politicians, mayors, etc. are hardcore left and stupid too.