Assembly Bill 123 Cripples 1st Amendment
The description of this bill doesn't mirror it's written statement. In the description, it says you have to intend physical harm, but the law as is stated to be chaptered says it only has to cause a disruption. This bill expands the location of the disruption off the school property and would include the sidewalks across the street. So a mobile billboard like ours could be asked to leave due to the disruption, and if we didn't, we could be arrested, leaving us to fight our way in federal court to get the conviction overturned
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What is this bill supposed to address? What motivates it? Any particular incidents?
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Do parents retain the right to picket over shoddy education results? Do unions which represent teachers in any location have issue with this piece of legislation concerning first amendment rights? What about activities such as road repair, utility maintenance, trimming or removing trees? "Educators" are so goofy that a downed light pole is cause for classroom lock down and escalating the situation into a virtual national disaster by calling every legal guardian of every student. Who ultimately decides what constitutes a disruption or threat, and how is that applied without prejudice or even malice? Just what is "willfully or knowingly"? The bill may be well intentioned (I see perceived hordes of child molesters inspiring the bill), but I believe it to ultimately be just one more weapon to fortify schools against parents and just about anyone else who may unwittingly stroll down the sidewalk while blithely minding his own business. Maybe it's written so broadly that it wouldn't stand up in court, but then someone has to have their innocent activities unconstitutionally punished and have the resources for a court challenge. I remember something about the authorities in the Inland 10-210 freeway corridor communities crushing cars impounded for street racing - until they crushed a car belonging to a kid whose parents had some money behind them and an attorney wanting to earn it. Which one of those Sacramento wastrels wrote this thing anyway - don't we have a runaway deficit to address? |
Assemblyman Mendoza's finer moments:
AB 265 – Threading: This bill extends the sunset date for the provision exempting threading from the Barbering & Cosmetology to July 1, 2009. Threading is the removal of unwanted hair by using a special cotton thread. The practice of threading has existed for centuries and is a well-established beauty practice in many countries, such as India and the Middle East. Status: Signed by Governor, July 2007 ACR 32 – Read Across America Day: This bill recognizes March 2 as Read Across America Day. The resolution stresses the importance of reading and urges teachers and parents to read to their children every day. Status: Signed by Governor, March 2007 ACR 37 - Automotive Career Month: This bill designates the month of April 2007 as Automotive Career Month and encourages automotive career tech education to meet the increasing demand for automotive Technicians. Status: Signed by Governor, May 2007 AB 1831 - Teacher Housing: This bill would require the Department of Education to produce a teacher housing report detailing the need for, and ability to implement, a program to better serve local communities by assisting teachers in purchasing homes located in the communities they serve. The bill would also require the report to contain specific information, by county, relating to housing for teachers. Status: Passed Assembly, May 2008 AB 63 – Postsecondary Education Tuition and Fees: Requires retailers who offer and sell extended warranties to maintain on file a copy of the terms of the warranty in the event the consumer misplaces the original. Status: Signed by Governor, May 2009 AB 518 – Threading Sunset: This bill seeks to remove the sunset date exempting threading from the Barbering & Cosmetology Act. Status: Held by the Assembly, January 2010 AB 1569 - Damaged Merchandize: This bill removes “beer” from the list of the alcoholic beverages that, under the existing law, can be sold as damaged merchandise after being involved in a fire, wreck or catastrophe as long as being granted authorization from the Department of Alcoholic Beverage Control. Status: Passed Assembly, May 2009 AB 78 - Pathway to Citizenship: Places an initiative on the June 2012 primary ballot asking voters if they would like to create a pathway to citizenship for undocumented immigrants who speak English, pay taxes, have worked in the U.S. for 5 years and have not been convicted of any felonies. Status: Referred to Assembly Judiciary Committee and Assembly Committee on Elections and Redistricting. Hearing dates not yet set. Redistricting. Hearing dates not yet set. AB 85 - Classroom Safety Locks: Requires public school modernization projects and community college new construction and modernization projects to include classroom locks that can be locked from the inside. Status: Referred to Assembly Education Committee. Hearing date not yet set. AB 86 - Classified Employees/Charter Schools: Gives classified employees a voice in creating a new charter school or converting an existing public school to a charter school. Status: Referred to Assembly Education Committee. Hearing date not yet set. AB 123 - School Disruptions: Permits school administrators to contact local law enforcement if disruptive messages that threaten the safety of students are displayed near a school. Status: Referred to Assembly Public Safety Committee. Hearing date not yet set. AB 1172 - Charter School Transparency: Increases transparency in charter schools by requesting the Legislative Analyst's Office to conduct a study of best practices in charter schools, revises the charter school approval process, and grants LEAs the right to deny a charter school in times of financial crisis. Status: Not yet referred to policy committee. AB 1203 - Employee Release Time: Expands employee release time for union work. Status: Not yet referred to policy committee. Of course, something would be amiss if he, as an "educator" turned politician, didn't serve on some race based political committee or other race obsessed organization: Vice Chair, California Latino Legislative Caucus Quote:
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Mendoza dabbling in "Equal Rights"
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Medoza - teacher, assemblyman, environmentalist:
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More racial politickin'
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Whoa! What caused this?
From Mendoza press release on his website: Quote:
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A little more race obsession:
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Federal court upholds abortion foes' 1st Amendment rights
Ruling affirms activists' right to display photos of aborted fetuses near a middle school. July 03, 2008 Victoria Kim The 1st Amendment rights of two anti-abortion activists were violated when they were ordered to stop circling a Rancho Palos Verdes middle school in a truck displaying graphic photos of aborted fetuses, a federal appellate court ruled Wednesday. Overturning an earlier district court judgment, a U.S. 9th Circuit Court of Appeals panel unanimously ruled that school officials and sheriff's deputies violated the men's free speech rights by ordering them to leave the school's neighborhood. The court in its ruling on a lawsuit brought by the activists cited the concept of a "heckler's veto," which states that free speech cannot be limited based on listeners' reactions to the content. The activists' "speech was permitted until the students and drivers around the school reacted to it, at which point the speech was deemed disruptive and ordered stopped," Judge Harry Pregerson wrote in the ruling. "This application of the statute raises serious 1st Amendment concerns." The 7-by-20-foot truck with photos of first-term fetuses on three sides appeared near Dodson Middle School around 7:30 a.m. March 24, 2003, as students arrived. Several stopped to stare at the photos, which showed fetuses with small hands and feet and the word "choice" in quotation marks and big block letters, according to court documents. Assistant Principal Art Roberts told the trial court that he saw several children who appeared to be angered by the images and that he had to discourage a group of boys from throwing rocks at the truck. Roberts called deputies, who stopped and searched the truck and another vehicle, then ordered the activists to leave the area, according to court documents. "It's the off-putting speech that needs protection, otherwise there is no need for the 1st Amendment," said Robert Muise, a lawyer for the Center for Bio-Ethical Reform, who filed the suit against Los Angeles County Sheriff's Department and school officials. The three-judge panel also ruled that the individual deputies and school officials could not be held liable for the 1st Amendment violations, though the panel found that the deputies wrongly detained the activists for 75 minutes. "A reasonable officer in the deputies' situation could believe that their actions were lawful," said Jennifer Lehman, a lawyer in the county counsel's office. The suit is one of several 1st Amendment battles the Center for Bio-Ethical Reform is fighting around the country in its reproductive choice campaign, in which trucks and planes carry graphic images of aborted fetuses to expose the public to what its members call "the reality of abortion." Gregg Cunningham, the center's executive director, said in a deposition that he has seen students faint, become physically ill, weep, avert their gazes and leave the room in response to photos his group uses in the campaign, according to court papers. "There are some realities which can not be adequately communicated with words alone," he said. "Students who are old enough to have an abortion are old enough to see an abortion." Mary-Jane Wagle, chief executive of Planned Parenthood Los Angeles, said her group was concerned that young children may be exposed to graphic and jarring images without proper discussion in school or at home. "Certainly we know they will be horrified, but will they understand what they see? We don't know," Wagle said. "We really believe that what's important is for families to talk about these issues at home, in a safe place." School representatives could not be reached for comment. http://articles.latimes.com/2008/jul...me-abortion3/2 |
I visited the bio ethical website, it does indeed display disturbing images.
It would be easy to to get caught up in justification for 123. For example, Quote:
However, how did a lone incident in 2003 by a knucklehead fringe group (I am reminded of the eco-terrorist group ELF) become justification for something as broadly written as 123? It certainly disturbed some children, but how did the actions of the group on that day threaten immediate physical harm to children? In fact, it may have been the other way around: Quote:
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