WE THE PEOPLE OF NEW YORK, INC
October 2, 2013
“These are the times that try men’s souls: The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands by it now, deserves the love and thanks of man and woman.” Thomas Paine
Hello Members, Plaintiffs and Friends of WTP-NY,
Surreal happenings in our Nation and around the world- where will it all lead?! No matter what the appearance: reach out, get educated, get connected, get organized – it’s time to restore the power to the People where it was meant to reside in the first place.
You’ve been waiting patiently for an update on the NY SAFE ACT and other constitutional challenge lawsuits now underway. We the People are claiming and exercising our Right to Petition government for Redress of Grievances through our judicial channels and we shall see where the Courts stand with regard to Justice when it comes to violations of our State and Federal Constitutions.
There are now FOUR WTP-NY LAWSUITS: NY SAFE ACT, SHELDON SILVER, CON-CON AND CASINOS/TAX FREE ZONES. Update on each case (a quick read) is below this message!
You may feel impatient with the time it takes for these cases to run their course. Compared to what normally takes place however, we are zooming along.
NEW TOOLS FOR YOUR USE:
1) UPDATED WTP-NY FLYER IS ATTACHED! SHARE IT, POST IT, PASS IT OUT, SEND IT FORWARD
It’s a tri-fold that fits on letter size paper, both sides. We appreciate your efforts to help grow the organization established for you and WE THE PEOPLE to hold government accountable to the Rule of Law.
2) FINGER LAKES FREEDOM FESTIVAL WTP-NY SPEECH
http://youtu.be/3ozH4ZBr8yw – 25 minutes – Have a listen (along with a family member or friend:)
This is a real appeal for all to come together for a statewide organization to hold government accountable and restore constitutional governance. PASS IT FORWARD if it works for you!
WTP-NY was privileged to share the platform with Tom DeWeese – Agenda 21; Scott Tips – National Health Federation; Gary Berntsen – former CIA operative; and Sheriff Mack. Hats off to organizer Laurie Murray for all her efforts!
Bob sends his best to all and continues on, tireless and fearless, for the Cause of Liberty.
If you have questions or need more information, we are an email or phone call away.
QUICK READ UPDATE ON EACH WTP-NY LAWSUIT:
NY SAFE ACT
Click here (this is the only live link in this section) to view case docket and read documents pertaining to this case.
On September 5, the NYS Court of Appeals denied our motion for permission to appeal from the Appellate Division Third Department’s order denying our motion for a preliminary injunction. (Remember, there are TWO parts to this case: one, the preliminary injunction we asked for so long ago which has now gone through all three levels of the Court system. The other part is the merits of the case.)
On September 12, we filed a motion for reconsideration of the Court of Appeal’s September 5 decision. They gave the State until September 30 to weigh in on our motion.
On September 27, the State filed their opposition to the motion for reconsideration.
On October 2, we turned around and filed a reply!
Judge McNamara – N.Y. State Supreme Court, previously issued an Order, staying his decision on the merits of our case pending the final decision by the Court of Appeals.
We’re now waiting to see what that Court of Appeals will decide. If they say “no” to us on the preliminary injunction, Judge McNamara will then rule on the Merits. Whatever he decides, there will be an APPEAL to the Court of Appeals where we can finally address the MERITS and the 2005 Maybee Decision that is preventing the judicial branch from intervening on any abuse of the Governor’s Message of Necessity. Misuse of that Message of Necessity is back of much of the dysfunction in our NY State government.
Click Here (this is the only live link in this section) to see the Silver docket and read documents pertaining to the update below.
We filed a Complaint on June 13, 2013 demanding Sheldon Silver take $103,000 out of his own personal funds and pay it back to the public treasury for using public funds in aid of a private undertaking (money was used to silence two women who complained of sexual harassment by a member of the NYS Assembly, Vito Lopez.)
On August 5, 2013, Silver filed a motion to dismiss the case.
On August 21, 2013, we filed our opposition to the motion to dismiss.
On August 28, 2013, Silver filed a reply in further support of motion to dismiss.
On September 9, 2013, Silver filed a motion for oral arguments.
On September 10, 2013, we filed our opposition to oral arguments.
On September 16, 2013, the Court scheduled oral arguments for October 9.
On September 18, 2013, Silver requested another date.
On September 18, 2013, the Court re-scheduled oral arguments for October 11.
We don’t expect any additional activity before the October 11 oral arguments.
Click Here (this is the only live link in this section) to view the case docket and read documents pertaining to this case.
On May 10, 2013, the State filed a motion to dismiss our original complaint.
On June 10, 2013, we filed our opposition to the motion to dismiss.
On June 13, 2013, Brian Kolb – House Minority Leader of the N.Y. State Legislature, filed an Affidavit in consideration of the motion to dismiss in favor of Plaintiffs. (!) He stood up against government in favor of the People’s view.
On June 20, 2013, the State asked the Court to strike the Kolb Affidavit from the record.
On June 24, 2013, we filed an objection to the motion to strike the Kolb Affidavit from the record.
We are waiting for Judge O’Connor to rule on the motion to dismiss. If she denies the motion, the State will have to ANSWER the original Complaint, by admitting or denying each paragraph of the complaint and offering affirmative defenses.
NYS GAMING LAW
On July 25, 2013, we filed our complaint challenging the NYS Gaming Law which was enacted in violation of the three-day/message of necessity rule and other provisions of the NY State Constitution.
On August 1, 2013, by telephone request, the State asked for more time to respond to our complaint. We told the State we intended to amend the complaint to add an additional argument and that we agreed to an extension in their time to respond to thirty days following the filing of our amended complaint (expected to be soon).
TAX FREE ZONES LAW (same docket as NYS Gaming Law above
Our complaint against the Tax Free Zones Law was included with our complaint against the NYS Gaming Law. The Tax Free Zones Law was also enacted in violation of the three-day/message of necessity rule and other provisions of the NY Constitution.
Our decision to allow the State more time to respond to the NYS Gaming Law therefore allowed the State more time to respond to our complaint against the Tax Free Zones Law.
THANK YOU FOR ALL YOU DO FOR THE CAUSE OF LIBERTY!
If you are able, your donation makes all things possible for us! We couldn’t do it without you and ask that all you give comes back to you a million-fold! 🙂