Tuesday, June 3, 2008

The picture will make sense at the end - I was just reminded of my grandmother tonight - left to right - mom, abuelita, and tia angelita. Managua, Nicaragua Semana Santa 1976

FOR IF YOU CANNOT FREELY SPEAK IN THE CHAMBERS OF THE CITY COMMISSION MEETING, YOU CANNOT FREELY SPEAK IN A MEANINGFUL WAY

For a post on the Flag issue see the previous post.

So as most of my readers now know, I decided to take on Pat Almighty tonight. I cannot remember the last time I had so much fun. I decided that if I was going to go I had to have a purpose. My primary purpose was to give me legal standing to sue Pat Almighty and the City of Brownsville for violation of my constitutional right to speak. The Texas Constitution expressly bans all prior restraint - period. Prior restraint would be a law or ordinance which prevents the speech before it happens. The rule which makes it illegal for me to speak directly to the commissioners or mayor is an example of prior restraint. Even when I called him Pat Almighty he accused me of speaking directly to him - I guess he accepts the label. My first win before the Texas Supreme Court was Grigsby v, Coker. It was a mandamus, which means an emergency appeal directly against the judge. It was a case or prior restraint.

Okay, I admit - it was a set up - god I had fun. I so wanted to leave afterwards because I was hungry, but as it turned out God had a plan for me to not leave right away. I stayed because I needed for Pat Almighty to know I was there to stay. As they say the difference between Bobby WC and a bulldog is, the bulldog eventually lets go.

I decided I needed to engage in similar antics which I find offensive. It was very clear from watching Troiani he had read my earlier blog post on how all the rules in the world were not going to make them act like adults or get along and get down with the people’s business. He was actually very attentive to my words. You see I wanted to see who would take the bait or brush it off, the smart thing to do. Basically, I found the Commission very responsive to me - well not Pat Almighty. Pat took the bait and I was all smiles.

Now the bonus was Charlie "I’m a sorry ass pathetic little weasel" Cabler. When he got up and indicated he was going to force me to remove myself from the podium, I was like - "do I like let him touch me or force the issue, or do I go on my own." I decided if I elevated it to the point of Cabler touching me I might loose some credibility - so I decided to sit down and just smile at the Pat Almighty.

I learned a long time ago, "he who fights battles alone fights a losing battle." So if one or several of my readers will come up with the filing fee and the cost of service, Pat Almighy, Charlie Cabler, and the City of Brownsville, I will file the lawsuit as early as Monday morning. I will ask for an emergency hearing within 10 days to decide if a temporary injunction should issue as it relates to any and all City Ordinances which violate the Texas ban on prior restraint.

I want an injunction on the record that Charlie Cabler violated my rights when he motioned to remove me from the podium. This will kill his career in Texas. Cabler needs to understand being the dirty man for Pat Almighty is going to cost him. As to Pat Almighty he is a born Banana Republic dictator who will quit the second he has to put up with dissent. I am convinced if I can win the right for everyone to speak directly at the City Commissioners with insults in poor taste, Pat Almighty will quit. The man is simply too thin skinned to be a man.

Now to the City Commissioners - you can again authorize more taxpayer money to defend yet another lawsuit you will loose, or you can put on the agenda an amendment of the rules so that the people can speak directly to the commissioners. Grow-up - learn to take it - learn to be professionals and shrug it off - that was my point at the Commission Meeting - I wanted to see who if anyone would shrug it off. People who can shrug it off have the potential of being leaders. Pat Almighty has the potential of being nothing. He was raised to be nothing.

What is the point of speech if before my City Commission I cannot express my anger directly at the Mayor or the City Commissioner I feel is not serving the people. Do you morons actually believe the people do not see through this petty bullshit Banana Republic dictatorship driven ordinance?

So guys, take my advice - learn to shrug it off - dismiss the mayor as the worthless piece of shit he is and move on. Have the courage to say to the people - come at us - we can handle your personal attacks - it is what comes with public office. In the interest of open and honest discussion we the City Commission of Brownsville encourage the people to challenge us by name within the forum of the public comment section of the City Commission Meetings. For if you cannot freely speak in the Chambers of the City Commission meeting, you cannot freely speak in a meaningful way.

Finally, stop with the rule making - it will not make you more competent or agreeable with one another. Come forward with your ideas - put them before the people - make your case - you will find if you are being honest the people will stand with you. This inherent power which comes from engaging the people is your real power. We the people will demand that your fellow commissioners stand with you when you are truly doing the people’s business. And on that note - why is no one doing the people’s business on Impact Fees?

Take my advice on the ordinance and begin to summarily dismiss Pat Almighty, and you each will find your public image will improve in leaps and bounds. Trust me -

So now we know from previous posts my butt looks good on camera. After tonight we know I can put on an Oscar performance. I almost broke down laughing when Pat Almighty made the comment about taking off the hat. With my argument about the flag, I had what I needed to charge him with full force.

Oh, what did God have in mind for me - well I decided I was not in the mood for my planned dinner - some fresh flounder and left over Nicaraguan rice from last night. I decided I wanted a peanut butter and jelly sandwich with chocolate soy milk. Well I went to the HEB on Southmost - always a mistake. I only eat natural organic peanut butter and real jam without corn syrup. Walmart actually has both of these items. Anyway they did not have either so I decided on unhealthy sausage.

While on line a woman in her late 70's or early 80's was ahead of me with more than 20 items. She immediately offered to allow me to go ahead of her. I would never do that to someone who looks like my grandmother. Anyway I noticed that she started to take things out of her basket - cleaners of sorts. I let it go. The cashier rang up everything except the one piece of meat she had - a chicken. She did not have the money. So I told the cashier to ring it up under my bill. The women started to cry - I told her what I truly believe - God gives me money for a reason.

Anyone who knows me knows this is how I am. I am as cheap as humanly possible when it comes to buying dinner for a group or just a date - but this was different. The cashier actually said she was going to cry because she had never seen anyone help a poor person before. You know I respected this lady because she paid with what little cash she had - no Lone Star Card - How sad this cashier has never seen one customer help another. How very, very sad. So that is it, God needed me at HEB to buy a chicken for this woman (you almost had me - inside joke) who reminded me of my grandmother.

11 comments:

BobbyWC said...

A clarification - it came to my attention that some people may have misconstrued something I said during the discussion about me running for BISD.

What I said:

"I attended one meeting of Image Brownsville - this is the one time I met MZ - Roman Perez was also there, Sally Arroyo, her daughter, and several other people

The first thing I noticed was a non-welcoming tone to ideas - my response was to push the merits of each idea while pushing my own -

I am a trained mediator - I am trained to listen."

I did not mean to imply that any of the people I listed as participants were non-welcoming - what I meant was the person leading the discussion was non-welcoming. What I was trying to demonstrate was - one person mentioned the idea of using statistics to look at the problem - the person leading the discussion in my opinion dismissed this person's idea out of hand - I did not like this.

As to me what I did was effectively repeat everyone's ideas and then state why they should be explored - this is how you build a consensus - this is how I act when I am part of a group.

Tonight the main reason I almost did not go to the meeting was because I did not want people to view me as taking on Pat Almighty - it is not the image I want in that setting - but I decided what the hay - I am not getting much support anyway for my run as a BISD board Member.

But trust me, as a Board Member on any committee - I am always the guy trying to find ways to get people to better communicate with one another - I am never the guy who says my way or the highway - that is the fastest path to failure -

tonight was simply to prove a point and to give me standing to sue - I am convinced we can be rid of Pat Almighty because he will quit before he allows people to insult him to his face.

Think about this City Commissioners.

Bobby WC

Anonymous said...

I learned a long time ago, "he who fights battles alone fights a losing battle." So if one or several of my readers will come up with the filing fee and the cost of service, Pat Almighy, Charlie Cabler, and the City of Brownsville,

I think you alone should file the lawsuit and not tie your decision to anyone else's participation. It's a little bit too convenient in my opinion. You alone chose to speak and you alone have threaten to sue. You're always writing about suing people or entities, but not much comes about from your threats. So, if you really feel strongly about it, sue them, but don't dilute the responsibility for your decision by making it dependent on others.

Good luck with that. I mean it.

Patricia A.

BobbyWC said...

Patricia, your point is well taken and well reasoned - but I disagree.

First of late the only thing I can think of about litigation is the VA and Valley Baptist as it related to the medical records problems. All lawsuits begin with demand letters - I am actually somewhat pleased with the VA's concerned over the medical records issue - if we manage to find a way to settle the matter it will be because I have been assured the problem is being addressed - why should I have to file an actual lawsuit if I can instead use the threat of a lawsuit to force a practical solution?

The VA lawyers in Washington are taking very seriously my threats about the situation with cardiology - the evidence of malpractice is black and white - I know for a fact there has already been one reprimand - if this is what it takes to get the VA to react and protect veterans, again why do I have to sue if I am getting attention brought to the problem by the mere threat of a lawsuit which is well documented.

The Herald, as to that matter, wrote me and told me they acted with my authorization. I have sent their lawyers the original subsctiption form to prove otherwise - at this time my choice is to close my bank account or get an injunction against them charging my account. I am hopeful their lawyers will see the stupidy in claiming I have authorized these endless raidings of my account when in fact I have not.

What do you propose I do - just close my account? The Herald will learn a lesson from this one - how many people are being treated the same way and just do not know about it?

I just got a friend of mine out of a 600 dollar Sprint phone bill with an FCC complaint - should he have just paid the fraudulent bill because Sprint bullies its customers.

BTW the difference with T-Mobile - I was charged $7.50 for information calls when in fact I was told by the operator I would not be charged because they never provided me with the number I was seeking - T-Mobile actually uses Verizon for information. I simply called T-Mobile and told them of the mistake - and boom it was taken off my bill.

Anyway, I have fought many a battles for a lot of people - this is not my battle alone - fighting a battle with support is simply silly and stupid - with the VA stuff I have a lot of people and contacts backing me up. With the Herald it is my battle so I must fight it alone.

If the people want to be told to remain silent at the door of the City Commission - then that is their decision.

Again I get your point -

BTW did you smile at me tonight at the meeting - are you really a man? Something weird happened when I was speaking - I noticed something when I made the argument about RRO and it actually caused me to loose my focus for a minute.

Do not worry I will not reveal you to the public - that is not and never will be my style - bloggers in the past confided in me when they were writing behind a fake name - I know of other blogger hiding behind fake names - I would never disclose any names - sometimes the only way to have speech is through fake names - I get it.

Bobby WC

Anonymous said...

I do hope you are still up to read this.

I am very proud of what you did tonight. It truly was awesome! Oh, and you may want to contact Robert Uresti about the lawsuit because from what I saw tonight "the Mayor" violated his rights by not letting him speak on a subject he wanted to speak on. What part of any topic is up for grabs in the public comment section does he not understand?

V

Anonymous said...

BTW did you smile at me tonight at the meeting - are you really a man?

LOL!

Actually, I should say, WTF! You must be drinking whatever kool-aid Atkinson is drinking. The day before yesterday he accussed Roman Perez of having written a comment under my name at Cafe Brownsville, when in fact it was me who really did write it. Now, you come out of left field with this question.

My name is Patricia. My last name does start with an A. I don't have a phone listing, so don't bother trying to narrow the possibilities. And, just to reassure you, I double-checked, and yes, I'm a woman. :-)

I watched the meeting from home, and no I wasn't smiling.

On the lawsuit: I have no problem if you want to threaten to sue; I have no problem if you do sue. I have a problem with you using strong language to state that you are all ready to sue, and then add a clause of well, only if others want to.

Patricia A.

BobbyWC said...

Patricia first, I always believed you were just a highschool teacher - it was just weird last night - someone was all in agreement about our agreement about Roberts Rules - it was just really weird - and I really have no interest in finding out who posts and does not post in BV - I would not even know how to get into finding the ISP's it is just so meaningless to even care - I was just curious. I was just taken aback how this person reacted to the RRO argument - you are over reading my interest in you or any other reader - and last night I did hear about the thing with you and Atkinson - this need to know who is posting is weird to me - I also find anonymous posting weird but I believe in speech so who cares

I think your point is well taken - I am going to ask the City Secretary for a copy of the subject ordinance tomorrow. I will draft the lawsuit and hand deliver a copy with a simple demand letter to Goza by Monday -

I will make an argument as to why the ordinance is unconstitutional - Texas law is so black and white about the issue - the Texas Constitution expressly prohibits prior restraint.

I will give the city two weeks to make the changes or begin the process of making the changes - it will depend on what type of commitments I get in writing from Goza - if the city is working in the correct decision then I wait and see if they keep their commitments - This is how effective settlement discussions work.

If the City cannot give me express case law which exempts them from the ban on prior restraint, and they refuse to change the ordinance I will sue to have the ordinance declared unconstitutional.

To be clear I will not be seeking any financial damages - it will be straight up and down declaratory and injunctive relief. Now if they come after me for disorderly conduct - then a § 1983 will be filed and the City can spend a fortune fighting it

I suspect at least 3 Commissioners will vote to change the rules- Pat Almighty will fight it tooth and nail - I do not know about the rest.

I knew going in I was seeking clear standing to sue - I guess I should have posted in the BV in advance that I would only follow through if someone paid the filing fee - it is not that much - so I will pay for it - this issue is simply too important to not fight it.

Personally, once I win I would have no use for insulting anyone on the commission while speaking because the issue has been won - which is the point -

Personally I do not believe using Pat Almighty's antics is productive - but I needed a clear case of how bad things are in terms of the people being heard -

Now to an anonymous post

The following was posted under the House Servant post

"Bobby,

did you feel you were incriminating yourself in writing about what happened at the city commission meetin yesterday. You volunteered a lot of info and showed intent. Why did you discard your written statement? Its o.k. I scanned a copy of it and gave it to Cabler. Your display of aggression surely hurt your chances of running for school board. You hate the way Ahumada acts but you acted 10 times worse. You were shaking and looked like a serial killer. Anyone that wants to see that will have to get a copy from the City library. It was disturbing.
Eye in the Sky "

My response:

First of all I personally would like to see this so called prepared statement - I have argued countless cases before trial courts and appellate courts and have never ever used a prepared statement. And how would you have a copy of it - unless you broke into my truck which is where it is.

I had two pieces of paper in my hand [1] the agenda the city gives everyone, and [2] a piece of paper with the legal quote I used along with a copy and paste from what I posted on the internet about sucking it up - just as a reminder. Both of which I mentioned.

In my post - if you note - I said I intentionally did what I hate about Pat to see how they would react.

In law people all of the time will do something to give them standing to sue - it is a well documented practice - particularly in civil rights - So your paranoia aside your a two bit pathetic incompetent manipulator (not too harsh, huh LOL)?

This is what I read in the post - you better not run for BISD because we will show the tape to everyone and make you look like a crazy man - get a life moron - how little you know about me

The people who were there will be able to testify that when I sat down I was very cool and calm - when I left two regular speakers approached me and were able to see how calm I was - I even had a conversation with a women who was seeking a permit for her beauty salon - very cool and calm.

Both of my posts after the meeting are cool and calm

In the end if I choose to run for BISD I have little concern with how people will see me. I do plan to start attending the meetings and during general comments just discussing problems in Brownsville while proposing solutions.

I made my point last night - now Pat Almighty will interupt me and I will calmly wait for him to finish his opposition to all speach and then continue. Which is what I am telling the Commissioners to do.

Last night had a point - I made it - I knew going in pathetic manipulators who need to defend the corruption on the BISD Board would use my appearance against me.

How many times have I typed here to every public official - everything you say can and will be used against you - this is the nature of the beast

It is because of people like you corruption rules and the people are left screwed.


Bobby WC

BobbyWC said...

Patricia,

"WTF!" I cannot tell you how many times I read this and had no idea what it meant - I am thinking white teacher female because in my head you are an anglo teacher somewhere

Once I realized what it meant I got a good laught - Not very nice BTW LOL

BObby WC

Anonymous said...

in my head you are an anglo teacher somewhere

While I'm not going to go into my personal life, I'll say this: I'm not white and I'm not a teacher. However, I'm very amused and even more curious as to why you would think I am. Please, do explain. :-)

Patricia A.

BobbyWC said...

Patricia A. -

women? a couple of postes with grammar rules - which I have always accepted -

LOL get this - Patricia A - Patricio Ahumada hum????

nah - you can actually write in the English language

Bobby WC

Anonymous said...

LOL get this - Patricia A - Patricio Ahumada hum????

Yes, I'm very aware of that. I will admit I too can have a temper and be dictatorial. I think certain letter arrangements must be cursed. If I ran for office, even I wouldn't vote for myself.

Patricia A.

Anonymous said...

Ms. Patricia A.,

But us "wetbacks" will.

V