Wednesday, June 4, 2008


A facial attack upon legislation on First Amendment grounds is appropriate only where the challenged statute "is directed narrowly and specifically at expression or conduct commonly associated with expression." See, City of Lakewood v. Plain Dealer Publ'g Co., 486 U.S. 750, 760 (1988)

Any City ordinance which directly tells a citizen what they cannot say during public comments "is directed narrowly and specifically at expression or conduct commonly associated with expression." Truly people, how pathetic is a man who interrupts every speaker so as to control their speech? I would rather rot in jail for the rest of my life than allow a two bit Banana Republic Dictator wannabee like Pat Almighty with SS officer Charlie Cabler by his side, tell me or anyone else we cannot speak our mind, even if distasteful.

Now, I know Goza well enough and how the system works. I actually feel sorry for him. If he crosses his clients, the commissioners, they will fire him. On Friday I will hand deliver to Goza a copy of my demand letter outlining the case law on the issue. To the City Commissioners - you need to individually each approach Goza and let him know you will stand with him if have publically admits to the law - namely it is unconstitutional to ban the people from addressing the commissioners directly. Goza will then do the right thing, and Pat Almighty will call him a coward - which is typical from someone who wants to destroy the constitution and who never served this country in the military.

I will give him two weeks to have the matter put on the agenda for the purpose of repealing any and all ordinances which constitute prior restraint. All bets will be off if the City Commission approves any new ordinances which regulate speech. I will then go into court with a 2-3 page lawsuit seeking to have any such ordinance held unconstitutional. I will ask for an emergency hearing to occur within 10 days. I will also be asking that Pat Almighty be enjoined from interrupting any public speaker without seeking the proper motion before the commission. His conduct towards Robert Uresti was offensive and what I expect of a two-bit Banana Republic Dictator.

Shame on the commission for not demanding compliance with the rules. As to the commissioners I expect them to shrug it off when Pat Almighty gets out of hand. But as to the people, it is for the commission to stand up for the people and protect their right to speak.

It is my hope this city commission is tired of the mess created by Pat Almighty. I do believe with his removal this city commission could get back to the people’s business. This city commission can begin a new and better chapter in its history by putting an end to the prior restraint on the expression of the people. Guys, suck it up - smile - it is just 15 minutes of insults - assuming everyone is there for that purpose. Are each of you that thin skinned?

Last night Leo Garza came forward with some important economic news for Brownsville. He should not have to be the one to tell us the great news about construction in Brownsville. Cabler should have had this blasted all over the COB web page. This is something which should have a special link on the COB web page so that the news media can pick-up on it and announce to the world Brownsville is a place to do business. My point is there are important things happening, but they are lost in the fray of Pat Almighty, and the incompetence of Charlie Cabler.

From my days of teaching I have a habit of looking all of my students in the eyes for evidence of comprehension. Yes, I put on a show - I can be a drama queen you know - but I saw in each of their eyes a desire to listen - this blew me away - I almost changed course in my approach - but I needed a clear evidentiary record of how abusive Pat Almighty can be.

I do believe this city commission is ready to get back to business. I for one am prepared to give the entire city commission a six month honeymoon to get things back in order. But this will never happen with Pat Almighty as mayor. It is up to this commission to begin to treat him as a non-entity - just simply pretend he is not there unless he is abusing a speaker.

What I can promise this city commission is, if a court has to order a stop to the prior restraint, namely barring the people from addressing the commissioners or mayor directly, or in a less than respectful manner, they will have lost all confidence of the people. There is no coming back from a finding as being tyrants who think they can silence speech as a way to get what they want.

The 4000 plus Americans who have died in Iraq did not die so that Pat Almighty could deny their families the right to speak their minds before the Brownsville City Commission. How the commission handles this and the flag issue will speak volumes about how they feel about the 4000 who have given their lives to keep us free in Brownsville. I will honor their sacrifice with a lawsuit defending speech. The question is, will this city commission force my hand? I believe a majority of them are good men and will do the right thing, if Jim Goza is honest and forthright about the law.

If you noticed I only used my nickname for Pat Almighty not the other commissioners. It was a calculated decision to insure I left the door open to building a consensus as to how best move forward to make Brownsville all it can be. I hope the commissioners are listening.

1 comment:

Anonymous said...

Mr. BWC,

What the commission did to Mr. Uresti is typical. They don't like him and they won't stick up for him. They find him annoying. They find all of the "usual suspects" annoying.

Why do they find it annoying? Because unlike other voters who just vote every two years and shrug off any malice these "leaders" have towards the people, these private citizens care enough to bitch at them.

They laugh as though no one pays any attention to these "malcontents". Oh, but just wait, May 2009 is only 11 months away. My prediction: some will start playing nice in about 5 months if not sooner.