Judge approves ACLU lawsuit against ATF

Santa Rosa's Press Gazette ^ | 3 October, 2008 | Jeni Senter

[marktwain]

ACLU Director of Communications Brandon Hensler says the American Civil Liberties Union of Florida received an early victory today when Senior Federal Judge Lacey A. Collier denied the ATF’s motions for summary judgment in Kilpatrick v. U.S.

The ACLU filed the case on April 18, 2006, on behalf of Karen J. Kilpatrick, who claimed that the Bureau of Alcohol, Tobacco and Firearms (ATF) violated her Free Speech rights.

Kilpatrick was driving her blue van in Pensacola on April 19, 2004, with the slogans “Remember the Children of Waco” and “Boo ATF” written on some of the windows when she was pulled over by police for questioning by the ATF.

The ACLU argues in the lawsuit that her First Amendment Rights to Free Speech and her Fourth Amendment right to be free from unreasonable search and seizure were violated when officers detained her for an hour, searched her car without consent, and ordered her to remove the writing on the side of her van.

“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.

“We are confident that we can win this case once the facts are demonstrated and we are pleased that we will be able to make our case in court,” he says.

Counsel for Kilpatrick v. The United States of America are Bert Oram, ACLU cooperating attorney; and Benjamin Stevenson, ACLU of Florida staff attorney in Pensacola.

[B4Ranch]

right twice a day

[Petruchio]

Yeah, but, if it was a digital clock they would still be in the dark . . .

[Abathar]

Nope, see #13

[EdReform]

Bang!

[Joe Brower]

[Redbob]

"Man I have to get some stickers on all my vehicles. That would be such an easy mill to pick up. Oh and you could personally sue the agents involved and take everything they have. What a great day it would be to have the ATF pull that c$ap on me or one of my family."

Don't do it:
Lon Whore-iuchi is still out there, itchy trigger finger and all, and he's looking to add some more notches to his riflestock, preferably the little ones that represent children...

[Redbob]

"There are times when the ACLU serves a good purpose. This is one of them."

Any lawyer could have taken this case;
no need to invoke the Living Dead...

("American Carol" joke)

[gieriscm]

win or lose the ACLU is guaranteed the attorney fees BY STATUTE.

Just so it comes out of the ATF's budget...

[wastedyears]

[Hebrews 11:6]

While we're at it, abolish UCLA as subversive.

Instead, I believe I speak for my fellow USC Trojan students and alumni when I say that we prefer keeping UCLA in its present inferior form. We don't need them in order to feel superior; rather, we just like to abuse them, annually. And my father was a Bruin.

[SmithL]

Collier, Lacey A.

Born 1935 in Demopolis, AL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of Florida
Nominated by George H.W. Bush on July 24, 1991, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on November 15, 1991, and received commission on November 18, 1991. Assumed senior status on November 20, 2003.

Education:
U.S. Naval Academy Post-Graduate School, B.A., 1970

University of West Florida, M.A., 1972

University of West Florida, B.A., 1975

Florida State University College of Law, J.D., 1977

Professional Career:
U.S. Navy, 1955-1975
Assistant state attorney, Office of the State Attorney, First Circuit of Florida, 1977-1984
Circuit judge, First Judicial District of Florida, 1984-1991

Race or Ethnicity: White

Gender: Male

[MrB]

Make no mistake folks.

The ACLU was founded by communists and its goal is to implement communism in America.

[uglybiker]

...abolish the ATF as an organization ...

No, keep it.

But turn it into a convenience store. ;-)

[mcshot]

My thoughts too as I said: What the hell...I agree!

[SeaHawkFan]

Unfortunately therew are some very worthy causes that one cannot get a conservative public interest lawyer organization to take.

[mad_as_he$$]

He still works for the FBI as far as I know. Someday he will get his.

[bamahead]

“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.



Libertarian ping! Click here to get added or here to be removed or post a message here!

[Grut]

But why a lawsuit? Or at least, why just a lawsuit? The actions described would seem to justify federal criminal charges under 18 USC 242.

[Americanwolfsbrother]

Here's what I think of the ATF....

[Blood of Tyrants]

If you think this is a violation of your rights, just wait until it is forbidden to say anything negative about the Obamassiah.