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We've used this in our street activism for 4 years to stop the police from trespassing on our Constitutionally protected rights. It has worked like a charm. To summarize the code, if somebody, even under color of law even attempts to interfere with people's Constitutionally protected rights, then that somebody is liable for $25,000 per person per person... meaning in the case of a police raid, every police officer is liable for $25,000 for every body in the camp. If there are 1000 people in the camp, then each police officer is liable for $25,000 x 1000 = $25mil each. The City Council members are liable for the same, as is the police administrators and the mayor.
This is California Law. We just need real constitutional attorneys to stand up. Don't count on the National Lawyers Guild members to do anything for you. They are under the robe of the current corrupt system (that's why they have done nothing for us).
California Civil Code CIV Section 52.1(a) If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated.
(b) Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured.
(c) An action brought pursuant to subdivision (a) or (b) may be filed either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which a person whose conduct complained of resides or has his or her place of business. An action brought by the Attorney General pursuant to subdivision (a) also may be filed in the superior court for any county wherein the Attorney General has an office, and in that case, the jurisdiction of the court shall extend throughout the state.
(d) If a court issues a temporary restraining order or a preliminary or permanent injunction in an action brought pursuant to subdivision (a) or (b), ordering a defendant to refrain from conduct or activities, the order issued shall include the following statement: VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER SECTION 422.77 OF THE PENAL CODE.
(e) The court shall order the plaintiff or the attorney for the plaintiff to deliver, or the clerk of the court to mail, two copies of any order, extension, modification, or termination thereof granted pursuant to this section, by the close of the business day on which the order, extension, modification, or termination was granted, to each local law enforcement agency having jurisdiction over the residence of the plaintiff and any other locations where the court determines that acts of violence against the plaintiff are likely to occur. Those local law enforcement agencies shall be designated by the plaintiff or the attorney for the plaintiff. Each appropriate law enforcement agency receiving any order, extension, or modification of any order issued pursuant to this section shall serve forthwith one copy thereof upon the defendant. Each appropriate law enforcement agency shall provide to any law enforcement officer responding to the scene of reported violence, information as to the existence of, terms, and current status of, any order issued pursuant to this section.
(f) A court shall not have jurisdiction to issue an order or injunction under this section, if that order or injunction would be prohibited under Section 527.3 of the Code of Civil Procedure.
(g) An action brought pursuant to this section is independent of any other action, remedy, or procedure that may be available to an aggrieved individual under any other provision of law, including, but not limited to, an action, remedy, or procedure brought pursuant to Section 51.7.
(h) In addition to any damages, injunction, or other equitable relief awarded in an action brought pursuant to subdivision (b), the court may award the petitioner or plaintiff reasonable attorney's fees.
(i) A violation of an order described in subdivision (d) may be punished either by prosecution under Section 422.77 of the Penal Code, or by a proceeding for contempt brought pursuant to Title 5 (commencing with Section 1209) of Part 3 of the Code of Civil Procedure. However, in any proceeding pursuant to the Code of Civil Procedure, if it is determined that the person proceeded against is guilty of the contempt charged, in addition to any other relief, a fine may be imposed not exceeding one thousand dollars ($1,000), or the person may be ordered imprisoned in a county jail not exceeding six months, or the court may order both the imprisonment and fine.
(j) Speech alone is not sufficient to support an action brought pursuant to subdivision (a) or (b), except upon a showing that the speech itself threatens violence against a specific person or group of persons; and the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening violence had the apparent ability to carry out the threat.
(k) No order issued in any proceeding brought pursuant to subdivision (a) or (b) shall restrict the content of any person's speech. An order restricting the time, place, or manner of any person's speech shall do so only to the extent reasonably necessary to protect the peaceable exercise or enjoyment of constitutional or statutory rights, consistent with the constitutional rights of the person sought to be enjoined.

Proof
Submitted by wavesounds on
How do we prove this? Whatever law governs the lawn contradicts this since if your speaking in the park right? Also im not clear on the last paragraph "An order restricting the time, place, or manner of any person's speech shall do so only to the extent reasonably necessary to protect ..." How do we find a lawyer to enforce this?
Good luck
Submitted by 99Percent on
This will never work. Sounds like too many loop holes that can render this code useless.
You can file a Petition Ex
Submitted by slearwig on
You can file a Petition Ex Parte with The Superior Court when the Petition is Urgent as would be to stave off an unlawful OLA eviction, but the paper is often required to be 'extremely fomal in form'. Cranky judges and/or their court clerks will often use 'filings of non-format paperwork not in compliance with court rules' as an excuse to dismiss, though they are required by State Code to accept any handwritten Petition.
And watch out for that. The dismissal of non-court-format Petitions based on court formality may be due to the fact that the Los Angeles Superior Court knows who you are and why you are there. So they may choose to defy the law knowing they are doing so under penalty of law in order to buy time while throwing you/us out. In short, by the time you can then defend your position, the movement has long been removed from their location.
Record Every Conversation With Officials and Public Employees
Submitted by slearwig on
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28487912689+2+0+0&W...
CALIFORNIA CODES
PENAL CODE
SECTION 630-638
630. The Legislature hereby declares that advances in science and
technology have led to the development of new devices and techniques
for the purpose of eavesdropping upon private communications and that
the invasion of privacy resulting from the continual and increasing
use of such devices and techniques has created a serious threat to
the free exercise of personal liberties and cannot be tolerated in a
free and civilized society.
The Legislature by this chapter intends to protect the right of
privacy of the people of this state.
The Legislature recognizes that law enforcement agencies have a
legitimate need to employ modern listening devices and techniques in
the investigation of criminal conduct and the apprehension of
lawbreakers. Therefore, it is not the intent of the Legislature to
place greater restraints on the use of listening devices and
techniques by law enforcement agencies than existed prior to the
effective date of this chapter.
632. (a) Every person who, intentionally and without the consent of
all parties to a confidential communication, by means of any
electronic amplifying or recording device, eavesdrops upon or records
the confidential communication, whether the communication is carried
on among the parties in the presence of one another or by means of a
telegraph, telephone, or other device, except a radio, shall be
punished by a fine not exceeding two thousand five hundred dollars
($2,500), or imprisonment in the county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment. If the
person has previously been convicted of a violation of this section
or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be
punished by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the county jail not exceeding one year, or in the
state prison, or by both that fine and imprisonment.
(b) The term "person" includes an individual, business
association, partnership, corporation, limited liability company, or
other legal entity, and an individual acting or purporting to act for
or on behalf of any government or subdivision thereof, whether
federal, state, or local, but excludes an individual known by all
parties to a confidential communication to be overhearing or
recording the communication.
The last line in the above Code coupled with the requirement that our officials and Public Employees operate On Record and in the sunshine allows you to record your communications with them, as long as you are known to be a listening party to the conversation by all who are involved in the conversation. Use your laptops that have TAP audio connections to any onboard phones, or use desktops that have a TAP audio function to record all government conversations.
You might be surprised how often these recordings with Government, State and L.A. Officials and Public Employees may come in handy when used in court actions!
The State and L.A. County and City Officials and Public Employees Often Do Not Know The Rules and will push on in conversations. They will frequently ignore your recitations read verbatim from The State Constitution and Official State Codes website www.leginfo.ca.gov while verbally avowing to violate these laws! I know because it has happened to me several times in the last ten years.
When you talk to them over the phone, record them. You do not have to disclose that you are recording them. The law only requires that they know you are speaking and listening to them.
You might catch a few Gems for the lawyers!
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