But what this means goes so much deeper than the smoking ban and goes to the heart of the power plays by the code enforcement board itself. I have outlined so many stories of abuse of power throughout this site on this board that I just can't repeat them all here.
From corrupt officials like Councilwoman Madonna Flood's felon husband John Flood, to Bill Schrek and Charlie Cash. I even included those such as former Chair Judith Francis and yep even Metro Councilman Jim King.
The state’s high court ruled Thursday that district courts can hear new evidence and testimony in cases appealed from local code enforcement boards. Previously, district courts made rulings based solely on a review of the code enforcement board’s record of the cases.
With this ruling we finally have at least one avenue of redress in code enforcement cases.
Previously, as noted above, the courts routinely just glanced at what was given them by the board and basically rubber stamped the outcomes. Now they will have to allow more evidence, and presumably this would include live testimony etc, so the courts ultimately cannot rubber stamp but must rule on the merits.
In short, we now have a chance to at least make sure the courts are aware of ALL evidence instead of the handpicked evidence by the code enforcement board itself. That is a good thing towards the sunshine we are all seeking.
Meanwhile, what does all this have to do with Michael Wilson?
Michael has been pursuing this particular case, in regards to the inept smoking ban, on behalf of charitable gaming, led by President Kaven Rumpel, who spent thousands as instructed by the Metro Council for separate smoking facilities only to have the Abramson Democratic hacks screw them on the expenditure.
The city’s original smoking ban allowed exemptions for facilities operated by private organizations. The law has subsequently been changed twice and now allows no such exemptions.
And this has been the rub. Most of the charitable bingo halls are privately owned and the charities are private charitable organizations. They were first told to have separate ventilated facilities and spent tens of thousands of dollars per establishment to comply.
This added expense to the halls was then thrown right back in their face when the Democrat hacks in the Abramson regime disallowed even separate facilities that they themselves told these businesses that this would bring them in compliance. They forced these businesses to pay for the facilities while knowingly working on a way to ban them as well. It was deceitful and possibly illegal.
Of course current County Attorney candidate Michael Wilson was right and won this case.
Government had overstepped its bounds costing even more money to the business and charities involved.
The city’s original smoking ban allowed exemptions for facilities operated by private organizations. The law has subsequently been changed twice and now allows no such exemptions.This is a key statement as it shows they had to change the law twice to get what they wanted. A total ban.
While the idiots in government were trying to figure out how to accomplish this they erroneously kept piling up fines and harassing those who were in compliance with the law and that is unacceptable.
Jefferson District Court had ruled that Wilson’s clients should not have been cited under the original ban. That decision was appealed by the Jefferson County Attorney’s Office. The case eventually made it to the high court.
And here once again the County Attorney's office, led by the ring leader Abramson appointee himself Mike O'Connell decided, *cough* entirely on their own, to waste our money trying to defend yet another poor decision by the Abramson machine. Of course since O'Connell was appointed by Abramson the law had to be set aside when Abramson told him just do it right? O'Connell apparently must do as he is told to protect himself after all.
And that is not conducive to trusting someone we must trust to uphold the law as it is written. It is just one more reason I like this decision.
Michael Wilson beat this Democratic political hack Mike O'Connell because the law is supposed to be followed not used arbitrarily in a quest for personal gain. Wilson argued at the Supreme Court and won.
Does anyone realize how hard that is to do? O'Connell certainly could not have done it as evidenced by his party partisan hack ways in this case.
The sad part is this may not be over.
Thanks to the asinine way this was handled, as is usual by this office and the Abramson appointees, I wonder what the cost will be to we the taxpayers when the charitable halls win their lawsuit to reimburse them for the tens of thousands they lost because the City told them separate ventilated areas were legal knowingly misleading them.
This literally will cost a million easily, and dependent on punitive damages, quite a bit more.
Assistant Jefferson County Attorney Bill O’Brien declined to comment on the ruling, saying his office needs to study it and determine its implications.
Translation? We know we are screwed so who do we "owe" that can fight this losing battle and increase the costs down the road. That is what we are used to right? Look at the police, the firefighters, and practically every other case this Abramson machine has fought AND LOST with appointee Mike O'Connell as County attorney. Deny and delay has worked out well for them so far hasn't it?
Wilson, who is the Republican candidate running for Jefferson County Attorney and argued the case before the Supreme Court, said he thinks the new ruling will mean his clients don’t have to pay the $50 fines.
He said there are dozens of such cases waiting to be resolved.
And this will cost us plenty.
As usual thanks Jerry.