Darth Xander motion to dissolve LMT injunction Clearwater

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I'mglib
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Darth Xander motion to dissolve LMT injunction Clearwater

Post by I'mglib » Sun Sep 27, 2015 5:04 am

The injunction against the Lisa McPherson Trust in Clearwater has long since become a ridiculous tool used by COS to go after protesters. Good for Darth Xander filing a motion to put an end to this nonsense.

http://tonyortega.org/2015/09/26/darth- ... njunction/

Here's Darth Xander talking about fighting against COS using an ordinance about protesting near a church in Chicago:

https://www.youtube.com/watch?v=N994D3F9wTM

Some comments from the Bunker:
Narapoid • 17 hours ago
"“I am as fascinated with the law as I am with Scientology, so this gives me the opportunity to work on two of my favorite things......."" Darth Xander, attorney and public protestor. He is a bane to $cientology and everything that they fear. I do not know what it is that the cult did to piss him off, but it is likely that he is part of the 47x expansion that they speak of.

Party on Darth!
44 • Reply•Share ›
J. Swift • 7 hours ago
Darth Xander is doing everyone a favor by working to get the LMT injunction dissolved quietly and without sorrow. Wally Pope's letter to Darth seems to convey a hint of resignation.

IMO -- and I am a member of the Internet Association of Faux Barristers (IAFB), Los Angeles Chapter -- it could be argued that the City of Clearwater and Clearwater PD have acted in concert to illegally use the LMT Injunction in violation of the First Amendment.

The LMT Injunction effectively establishes a special law in favor of the Church of Scientology. IMO, the judge will dissolve the LMT for being unconstitutional and because LMT is defunct. How can an injunction apply to a defunct entity that long ago ceased operations?

The LMT injunction is onerous and imposes an unjust and fascist burden on society -- and thus reflects the deviant core principles of Scientology.
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"A man may build himself a throne of bayonets, but he cannot sit on it." -William Ralph Inge

Watch the Los Angeles press conference here:

http://www.youtube.com/user/ScilonTV#p/

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I'mglib
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Re: Darth Xander motion to dissolve LMT injunction Clearwate

Post by I'mglib » Sun Sep 27, 2015 4:12 pm

Some more comments from the Bunker:
Hamtaro • 10 hours ago
Here is an (admittedly biased) explanation of the permanent injunction that Alex Hageli is bravely trying to unwind, from someone who was present during the time of the original controversy:

That injunction was granted at a time when the entire city government of Clearwater was in complete acquiescence to Scientology. Simply put, they saw Scientology as a presence too big to get rid of so they hoped they could cower Minton into leaving town instead. I remember clearly when Bob or Stacy would come back from those meetings. The undertone of every oral or written communication from the city was the same: if we find a legal precedent, we'll kick you out. Even better, we'll put you in jail. Until then, we'll just tell you that you'd best leave on your own volition...and quickly. Every arm of the local government acted as simpering sycophants to that monument to greed headquartered on Ft. Harrison Ave.

The numerous court hearings were a gross display of the worst type of judicial hubris. The presiding judge, Thomas Penick, saw a long running enmity between two opposing forces and fancied himself some sort of modern Solomon. Initially, he sought to bring civility to the interactions of a large, controversial corporate operation and the people who opposed that corporation. In the end, he abrogated the basic civil rights of the protesters in the name of fiscal expediency. A bastardized expediency that is now rearing its ugly head 14 years later. He took quite a bit of pleasure in showing off his intellectual acumen during the hearing where he outlined the places protesters could and could not go with cute little drawings, diagonal lines and colored markers. Ostensibly he was a wise judge, yet he appeared to have no understanding of, or respect for, the First Amendment.

Subsequently, any plea from protesters about the obviously biased behavior of the off-duty Clearwater police fell on completely deaf ears. Scientology had co-opted local law enforcement for the low, low price of ~$20/hour. And nothing spoke louder to the Clearwater PD at that time than the almighty off-duty dollar. Even the Solomonic Judge Penick didn't try to equitably split the rhetorical baby when he said that Scientology's practice of hiring off-duty CPD officers "has raised serious legal and ethical questions about their responsibilities and the source of funds paying them." The only thing remarkable about the justice in Clearwater at that time was how cowardly it behaved when faced with a phalanx of highly paid Scientology lawyers.

The sad truth is that this permanent injunction was issued simply because the city of Clearwater didn't want to continue to bear the costs of sending out police officers to mediate on occasions when the opposing sides collided. In other words, when it came to situations involving Scientology and protesters of Scientology, they didn't want to pay peace officers to do their most basic job: keep the peace.

If Xander Berkley is successful, he will be wiping away an egregious injustice from a time when appropriate legal remedies simply weren't available in Clearwater to persons who opposed Scientology. And that would be a very good thing indeed. Whether successful or not, he is a hero for single-handedly taking on this abortion of a judicial writ. For this, among other reasons, he has my absolute respect.
Tory Christman Hamtaro • 7 hours ago
For the record, in case it hasn't been mentioned, this "Injunction" consisted of 3 things.
Every year the "Critics" would have a Candle Light Vigil in Honor of Lisa McPherson, who
was tortured and died at the hands of Scientologists, all under their horrific medical abuse
and "The Introspection Rundown". See www.lisamcpherson.org for more details of what happened.

In 2001 Bob Minton Called me and said they were doing it and why didn't I come.
Once arriving in Clearwater, I walked up to "The LMT" (Lisa McPherson Trust--their offices)
and was handed a paper, with some JERK saying "You've been served!"

Having never been served before, this was news to me. I looked at the paper, it listed 15
names, one of them was Tony Bezazian. (My married name was Tory Bezazian...which is why
I guess above it says [Tory Christman]? Anyway, I told the person: "My name is NOT Tony Bezazian".

The Injunction created a huge stir amongst many people, including many of the cops who were
confused about it, too. It has 3 catagories:
1) YOU MUST PICKET ACROSS THE STREET FROM ANY SCIENTOLOGY BUILDING.
(We were not allowed on the same side of their street).
2) You MUST NOT BLOCK ANY DRIVEWAYS.
3) YOU MUST NOT BLOCK ANY DOORS."

Also we who were part of the Injunction "Have to remain 10 feet from any Scientologist"
(Ok, so how the F*** are we supposed to know who is and who is not a Scio?)

I tried to follow it. A lady pulled up by a driveway and asked "What are you picketing about?"
(No doubt a Scientologist). I made the mistake of explaining it to her, and was later told
I had violated the Injunction by "Blocking the driveway". BS!
I finally went through EVERY single tape...and FOUND THE UPS truck who pulled through
during that time, proving I did NOT block the driveway.

This sounds petty to anyone reading it, and IT IS! But it IS what we went through.
They were trying (and FAILED OSA) to pin a "Criminal Conviction" on me!

My 2nd violation was "She walked down the wrong side of the street".
OMG! Yes...I was walking from LMT to Flag (about a 3 block area) and not picketing,
but just carrying my sign to the picket. They said this was a violation and I ended up
having to pay $100 for that violation.

The 3rd one was laughed out of Court by the Judge. First you have to get that there is the
"Bank Building" On the corner. In front of the bank doors were GIGANTIC BUSHES
and In front of the bushes was an Empty Red Santa's Chair.

Ida Camburn (the 80+ old wonderful Mother who had fought C of $ for years due to her
son being "in" was with me. It was Xmas time and they had out a Santa's Chair...empty.
I asked Ida: "Do you want a picture in the chair?" She smiled and said "Sure". I took it.
She asked "Do you want a picture in the chair?" I said Sure and sat down.

Suddenly it was "LIGHTS! CAMERAS! SECURITY!! I said "What are you doing?"
The guard yelled at me:
"IF YOU SAY ONE MORE WORD I WILL REPORT YOU TO THE ATTORNEY GENERAL'S OFFICE".
(I know..............super weird).
Thankfully Bob Minton came running down the street and yelled to the Cop:
"GET YOUR GD HANDS OFF OF HER"

Bob Took me to safety.

During the trial..........the Judge asked the Scientology Security Guard
"How many cameras did you have on these people in a 4 block area?"

His answer tells all: "Over 100 your Honor".

They FAILED UTTERLY. To quote Anonymous, who arrived years later: "EPIC FAIL"!!

Love to you ALL Here :) Tory/Magoo
10 • Reply•
"A man may build himself a throne of bayonets, but he cannot sit on it." -William Ralph Inge

Watch the Los Angeles press conference here:

http://www.youtube.com/user/ScilonTV#p/

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AngryGayPope
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Re: Darth Xander motion to dissolve LMT injunction Clearwate

Post by AngryGayPope » Sun Sep 27, 2015 5:01 pm

Darth is great. I could not believe it when Ginger Sugerman told me he was NOT from Clearwater he was a LAWYER flying in from the Midwest! Us Midwestern boys!

But I don't watch Darth's videos. I'm so sick of looking at my own protest videos the last thing I need is more jiggle cam :(

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I'mglib
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Re: Darth Xander motion to dissolve LMT injunction Clearwate

Post by I'mglib » Sun Sep 27, 2015 8:51 pm

Scientology hits back. Scientology lawyer Wally Pope warns that Darth Xander will be forced to pay Scientology's attorney fees if he goes forward, because the claim is "unsupported by either law or fact."

http://tonyortega.org/2015/09/27/our-pa ... more-25752

I really wish a lawyer would chime in and let us know Xander's chances.

In any case I think I can safely say that critic's will have Xander's back if he gets hit with fees.
"A man may build himself a throne of bayonets, but he cannot sit on it." -William Ralph Inge

Watch the Los Angeles press conference here:

http://www.youtube.com/user/ScilonTV#p/

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AngryGayPope
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Re: Darth Xander motion to dissolve LMT injunction Clearwate

Post by AngryGayPope » Mon Sep 28, 2015 6:19 am

That's a standard tactic that usually fails. Then again, my vexatious litigant lawyer Graham Berry owes them thousands over that tactic.

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I'mglib
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Re: Darth Xander motion to dissolve LMT injunction Clearwate

Post by I'mglib » Wed Oct 14, 2015 6:07 pm

The church lawyers strike back! (From WWP)

Darth Xander was presented with Request for Admissions. It's so Scientology-esque. Sort of like a sec check, complete with him being asked to admit he's FACEBOOK FRIENDS WITH MARK AND TORI----aaaahhhhhhhh! They also want him to admit he has picketed 82 times, which if true is impressive, whether he helped organize Flag Down, and whether a picture of him with Pete Griffiths and Mark BUnker is real, among other things.

http://www.scribd.com/doc/284871821/CoS ... Admissions

It seems like they are trying to show that he works "in concert" with Mark. I don't see how being FB friends and being at a conference where Mark was present means you are in concert, but I am sure they will try to make a mountain out of it.
"A man may build himself a throne of bayonets, but he cannot sit on it." -William Ralph Inge

Watch the Los Angeles press conference here:

http://www.youtube.com/user/ScilonTV#p/

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