Thursday, February 17, 2011

CIVIL RIGHTS, SMALL CLAIMS, AMERCIANS WITH DISABILITIES

Dear Karin,

KEVIN GOSZTOLA (SEE BIO BELOW) COULD DO THE DOCUMENTARY TO EXPOSE FRAUD ON THE COURT AND LEGAL ABUSE SYNDROME:

My next Small Claims Court case is "False Arrest" and "Intentional Infliction of Emotional Distress" for the two FALSE ARRESTS by the County Counsel. It fits PERFECTLY with Civil Code 52.2 and Small Claims Court (for ADA violations under $5,000.):





CIVIL CODE SECTION 52.2 [January 1, 1999]


This law specifies that the jurisdiction of the small claims court includes actions for damages, not to exceed $5,000, for specified acts of discrimination, boycotting, or blacklisting, or the refusal to buy or sell to a person; for violence, threat of violence, or intimidation based on specific characteristics of a person; for denial of interference with the right of access of a disabled person to specific public accommodations; and related civil rights actions as specified.

Section 52.2 added to the Civil Code reads: An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A "court of competent jurisdiction" shall include small claims court if the amount of the damages sought in the action does not exceed five thousand dollars ($5,000).



Let's connect the dots between Obama and Attorney General Holder AND KEVIN GOSZTOLA (SEE BELOW) HE'S A VIDEOGRAPHER AND JOURNALIST!



OBAMA STATES "HE WANTS HIS LEGACY TO BE CIVIL RIGHTS:



http://www.npr.org/2011/02/06/133524465/justice-department-strengthens-focus-on-civil-rights&sc=nl&cc=nh-20110206





Justice Department Focuses On Civil Rights
by Carrie Johnson

February 6, 2011

Listen to the Story
Weekend Edition Sunday

[4 min 15 sec]
Add to Playlist
Download
Transcript


Enlarge Chip Somodevilla/Getty Images
U.S. Attorney General Eric Holder (left) talks with Assistant Attorney General for Civil Rights Tom Perez during the Dr. Martin Luther King Jr. Commemorative Program at the Department of Justice on Jan. 11. The department is putting a focus on civil rights, including developing special units.


Chip Somodevilla/Getty Images
U.S. Attorney General Eric Holder (left) talks with Assistant Attorney General for Civil Rights Tom Perez during the Dr. Martin Luther King Jr. Commemorative Program at the Department of Justice on Jan. 11. The department is putting a focus on civil rights, including developing special units.

text size A A A
February 6, 2011
The Obama Justice Department wants to make protecting civil rights one of its legacies. So several U.S. attorneys across the country have started special units to devote more attention to building those cases.

For the announcement of one such effort, Justice Department leaders traveled to Pittsburgh late last year. At the August Wilson Center for African American Culture, named after the prominent black playwright, civil rights division chief Tom Perez told a crowd filled with dozens of activists for racial and gender equality that they'd soon have another place to turn with their concerns.

"There are roughly a dozen U.S. attorneys offices now that have established … dedicated civil rights units and we're working to raise that number substantially because this is about sustainability," Perez said.

The Obama civil rights division prosecuted 237 criminal cases over the last two years — what officials call a record. But numbers aren't the only measure that prosecutors are using for success.

'We Are Open For Business'

Steve Dettelbach, the U.S. attorney in Cleveland, is leading a special group of prosecutors around the country who want to modernize civil rights enforcement.

"In the civil rights area, one of the things that you have to make sure is that the people in some of these affected communities who don't always trust law enforcement know that we are open for business," Dettelbach said in an interview.

U.S. attorneys are telling people about a law signed by President Obama in 2009 that expands the definition of hate crimes. The law now covers assaults motivated by a victim's gender or sexual orientation.

The U.S. attorneys aren't getting any extra money because of the tight federal budget, so they are balancing civil rights as a priority with other demands.

One of the busiest areas over the last two years is Arizona. There, U.S. attorney Dennis Burke sued a school system and is seeking documents from a controversial sheriff accused of discriminating against Latinos.

Burke is paying a lot of attention to making sure that police follow the law.

"We are training federal, state and local law enforcement and talking to them about federal civil rights, their responsibilities, what they can and should be doing, and ensuring that when they are out there they're cognizant of the rights of individuals they're interacting with, potentially arresting, potentially interviewing," Burke said.

'You Can Only Hide For So Long'

Denise Coley has lived that lesson. Her son, Carlton Benton, died in the Lucas County, Ohio, jail six years ago after a sergeant beat him and left him in a cell.

At first, officers said Benton, 25, died from natural causes. His mother never believed that.

She says she's grateful to the FBI and the prosecutors who moved ahead with the case.

"I feel like they did a wonderful job as far as presenting my case, my son's case," Coley said. "I knew that the truth would come out eventually. Because, like I said, you can only hide for so long."

Last month, a judge sentenced one of the sheriff's officers to three years in prison for violating Benton's civil rights and writing false reports to cover up the beating.

Does Justice Practice What It Preaches?

But some groups, particularly activists for the Muslim-American community, doubt that the Justice Department is always practicing what it preaches.

One group called Muslim Advocates sued the FBI and the attorney general over surveillance practices that investigators use in places like churches and mosques.

Muslim Advocates worries that the surveillance is itself a civil rights problem. And that it's leaving the wrong impression about Islam.

Nura Maznavi, a lawyer with the group, describes the concern this way: "When you have that blanket of suspicion that's cast over an entire community, it essentially fosters this sort of paranoia and fear against the Muslim communi Department say

s those FBI surveillance practices don't discriminate against Muslims.

Civil rights prosecutors at the department, meanwhile, have opened several investigations of violence against mosques and Muslims.

Attorney General Eric Holder wanted to clear the air, so he went to speak to the Muslim Advocates group late last year.

People who attended said he got a polite, if not warm, reception.





Kevin Gosztola is a multimedia editor for OpEdNews.com and a writer for WLCentral.org. He is currently serving as an intern for The Nation Magazine. And, he follows all things related to WikiLeaks, media, activism, the unfolding revolutions in the Middle East and North Africa and sometimes writes movie reviews for OEN. He is currently serving as an intern for The Nation Magazine.

He is a 2009 Young People For Fellow and a documentary filmmaker who graduated with a Film/Video B.A. degree from Columbia College Chicago in the Spring 2010. In April 2010, he co-organized a major arts & media summit called "Art, Access & Action," which explored the intersection of politics, art and media and was supported by Free Press. Chicago.

His work can be found on Open Salon, The Seminal, Media-ocracy.com, and a personal blog he started on Alternet called Moving Train Media.
OpEdNews Member for 182 week(s) and 0 day(s)




Libyans are mobilizing for a "Day of Rage" today on February 17. Protesters in the early afternoon, according to a member of the Libyan Youth Movement, were reported to be moving to the Security Headquarters in Benghazi. The protests are said to be gaining numbers and are headed for Maydan al Shajara once more, a location that had been the site of gunfire and petrol bombs.

http://www.opednews.com/articles/WikiLeaks-Cables-Repressi-by-Kevin-Gosztola-110217-487.html

The same individual also reports shortages of medical supplies at Al Bayda hospital and urges international health organizations to help out. And the movement member shared reports of people in Benghazi managed to chase away "pro-government Gaddafi thugs" by throwing rocks at them.

Many in Libya believed ahead of the "Day of Rage" that the Gaddafi regime was planning to threaten Libyans with live fire and the targeting of family members if they participated in anti-government protests. Also, it was reported that Gaddafi was having government employees go protest at pro-Gaddafi rallies, and, if they refused, they would be fired.

Cables released on Libya provide context for the protests that are unfolding. 09TRIPOLI192 from February 2009 titled, "For Ordinary Libyans, It's the Economy Stupid," breaks down what might be frustrating Libyans and why Egypt may have been just what they needed to be inspired to take action. The cable suggests Libyans are more interested in economic democracy, not political democracy:

Ordinary Libyans, frustrated by privations during the country's isolation under sanctions and exhausted by decades of largely failed political adventurism under the rubric of Muammar al-Qadhafi's al-Fateh Revolution, appear to care more about economic reform than political change. Historically entrepeneurial, al-Qadhafi's revolution had been a "poor fit" for most Libyans. The lifting of sanctions and nascent economic reforms were a welcome relief; however, the increasing disparity between what Libyans saw and wanted to buy and what they could afford (the majority are still employed by the government) has remained a problem. Static state salaries and inflation, particularly with respect to prices for food and key staples, have hit ordinary Libyans hard in the last two years. The tendency of greedy regime elites to monopolize the most lucrative market sectors has had political consequences, and the pervasive culture of rent-seeking that evolved during the sanctions period, together with conspicuous consumption by regime elites, has not sat well with the silent majority of Libyans, who remain socially conservative. The fact that many young men are forced by lack of means to delay marriage is another pressing economic issue in a conservative society in which marriage is a key social anchor and indicator of status. Embassy contacts in Tripoli, Benghazi and Tobruk were cautiously optimistic about proposals for wealth distribution and continued economic reform, but less sanguine about proposed government re-structuring and political change. Despite talk of a possible constitution and perhaps even elections, Libyans are mostly sober-minded about the prospect and likely pace of political change, at least while Muammar al-Qadhafi remains alive and in control. But they are cautiously optimistic that the limited economic reforms that have been undertaken to date will continue, and that their salaries will somehow increase enough to allow them to enjoy more of the consumer goods that they were largely deprived of for more than 20 years


The sheer level of repression that the Gaddafi regime exacts on the people of Libya is largely what leads the diplomat who wrote this cable to conclude Libyans are largely uninterested in a political revolution. A person, whose name is redacted, is quoted saying, "Do not give us free speech, parties, a constitution or elections - give us the ability to make and freely spend money." Later on in the cable, another whose name is redacted, says, "I don't give a damn about politics," and when asked about "proposed government re-structuring" he suggests that the regime is "a police state" that cannot be expected to willingly concede political authority."

The cable highlights a chief concern as a result of poverty in the largely conservative society is that Libyans are no longer earning enough money to get married. Marriage, an important "social anchor and bellwether of worth," is creating "worrying social consequences."

That same month in 2009, "Basic People's Congresses" (BPCs) were held. Five hundred low level councils deliberated over two key proposals put forward by the Gaddafi regime: the distribution of Libya's oil wealth directly to the people and the dismantling of most government ministries.

A cable on the two measures, 09TRIPOLI186 , illuminates what happened after "the Leader" or Muammar al-Gaddafi appeared before cameras and stated, "Libyans, this is your historic opportunity to take your oil wealth, power and full freedom."

The 468 BPCs then began their deliberations, which were played live on Libyan radio throughout the week. The GOL extended the BPCs one day to February 23 after the wealth distribution question proved so contentious that other agenda items, including the government restructuring initiative, were left no time for debate. Local observers say the Congresses have been largely inconclusive and are "in a muddle". Foreign journalists on a tightly controlled tour of the BPCs were surprised to see what they described as genuine opposition to al-Qadhafi's plan, and noted that many Libyans complained that they were being asked to decide on plans bereft of details and without knowledge of how the plans would impact the Libyan economy. Even basic questions such as how the funds would be dispersed in a country that remains a cash economy with little access to commercial banking have gone unanswered. The most commonly-heard objection was that distributing large payments directly to the entire population would cause serious inflation. Yusuf Sawani, Director of Saif al-Islam al-Qadhafi's Qadhafi Development Foundation, told the DCM his impression was that "the weight of opinion" was against supporting wealth distribution. The 468 BPCs represent the lowest level of a three-tiered direct representation scheme (ref C) and the recommendations of the BPCs will next pass to regional councils -- "Sha'abiyat" -- before being presented to the national-level General People's Congress (expected to meet March 2).

The appeal to populism is characterized by the author of this cable as a move that was "intended to distance himself from the widely-criticized corruption and inefficiency in the government." The strong opposition is said to have come from "prominent technocrats as well as self-interested officials who stand to lose influence if government ministries are abolished."

The cable concludes that most Libyans would "forgo oil money in exchange for a functioning, relatively honest government that provided decent salaries, education and health care."

According to The Economist's "Shoe Thrower's Index," Libya is the second-most unstable country. It has a corruption ranking of 146 out of 178.

Libyan government is known by the term "Jamahiriya," which was coined to describe the direct democracy without political parties that exists in Libya. Basic People's Congresses have representatives that meet in a General People's Congress (GPC). As one might expect, it is easier to have wide-ranging debates and address problems at the lower level than it is at a higher level in the GPC.

As the aforementioned cables indicate, up to this point Libyans' expectations for change have been lowered to the level of only desiring a marginally better day-to-day quality of life. But with the events that have unfolded in Tunisia and Egypt, that mindset is shifting.


Whether the shift will lead Libyans to face down Gaddafi thugs and brutal security forces -- now, that's a key question.

For the latest on what is unfolding in Libya, here is WL Central's live blog. If you have any news tips, send them to admin@wlcentral.org .



KEVIN GOSZTOLA COULD DO THE DOCUMENTARY TO EXPOSE FRAUD ON THE COURT AND LEGAL ABUSE SYNDROME:


Kevin Gosztola is a multimedia editor for OpEdNews.com and a writer for WLCentral.org. He is currently serving as an intern for The Nation Magazine. And, he follows all things related to WikiLeaks, media, activism, the unfolding revolutions in the Middle East and North Africa and sometimes writes movie reviews for OEN. He is currently serving as an intern for The Nation Magazine.

He is a 2009 Young People For Fellow and a documentary filmmaker who graduated with a Film/Video B.A. degree from Columbia College Chicago in the Spring 2010. In April 2010, he co-organized a major arts & media summit called "Art, Access & Action," which explored the intersection of politics, art and media and was supported by Free Press. Chicago.

His work can be found on Open Salon, The Seminal, Media-ocracy.com, and a personal blog he started on Alternet called Moving Train Media.
OpEdNews Member for 182 week(s) and 0 day(s)

No comments:

Post a Comment