In the spring of 2017, the City of Charlottesville voted to remove two monuments from two of its parks. Suit was filed against it and on May 2, 2017, the city was enjoined from doing so. Payne v. City of Charlottesville, Charlottesville Circuit Court Case No.CL17000145-00.
After allowing many public events in those parks, the City of Charlottesville unconstitutionally denied a permit to one because the participants thought that the monuments in the Charlottesville parks should stay. The Federal court forced them to allow that rally. On August 12, 2017, ANTIFA, and other such groups, showed up illegally and raised a ruckus, allowing the City to shut down the rally as an unlawful assembly. After dispersing the monument supporters, the City then allowed anti-monument armed ANTIFA mobs to roam the streets, leading to the tragic death of Heather Heyer.
In October, the City of Charlottesville filed suit asking that the City be allowed it to deny citizens of Virginia and the United States the right of free speech, to peaceably assemble, and to bear arms those whose opinions it does not favor. City of Charlottesville v. Pennsylvania Lightfoot Militia, Charlottesville Circuit Court Case No. CL 17000560. It claimed that supporters of the monuments were illegal "paramilitary organizations," and should lose their Constitutional rights within the city limits. It did not seek to remove any Constitutional rights of monument opponents, such as ANTIFA and related organizations.
In January, the City tried to get the Virginia General Assembly to pass a law (SB 987 2018) making felons out of certain persons who exercised their Constitutional rights, but it never made it out of committee. http://www.cavalierdaily.com/article/2018/02/regulate-paramilitary-activity-in-virginia The City is now pressing forward with its lawsuit.
The targets of the City's suit have some very distasteful opinions, but they are still American citizens and have the Constitutional right to free speech, assemble peaceably, and bear arms. If they do not have these rights, then none of us have. If any city can take away those rights, then why do we have Constitutions in the first place?
Many Americans have given their lives for the rights granted by the Creator and memorialized in the Constitution of the United States and that of Virginia. The enemies of America have now taken their fight to the courts, hoping to invalidate the United States Constitution by invalidating parts of the Virginia Constitution, and hoping no one notices. They claim that the exercise of Constitutional rights is a public nuisance that will irreparably harm them. If they win, the next time they will cite this case as why the next guy's civil rights should be stripped from him. Sooner or later, YOU will be that next guy.
I am one of the two attorneys who represents some of those whose constitutional rights the City of Charlottesville seeks to take. I have over 30 years experience in Virginia and have represented murderers, drug dealers and perverts. I do not condone many of my clients' beliefs, but I hold that no matter how guilty or awful they may be, they may only be prosecuted for their alleged crime(s), according to the law, and not for their beliefs.
In September of 1814, a whole British naval fleet showed up at Fort McHenry, just outside Baltimore, Maryland. Everyone thought the fort and its small garrison didn't have a chance of survival. Today, everyone thinks that the City of Charlottesville will overwhelm us in court with D.C. lawyers, intimidation, and negative press. I think it is our duty as Americans to stand to our courtroom guns, and FIGHT for the Liberty that Americans have given their lives for, just as the men at Fort McHenry stood to their guns amid the bombs bursting in air, and the rockets' red glare.
Standing to the guns is pointless without powder and shot. I do not ask you to stand to the guns. Co-counsel and I are doing that. I ask you to send money- the courtroom powder and shot- needed to defend the Star Spangled Banner and the Constitutions that it represents.
