N.Y. mayor may have day in S.C. court

[KeithPA]

Circuit judge rules pawnshop owner can sue over gun sting

New York City Mayor Michael Bloomberg soon could find himself in a Berkeley County courtroom defending his decision to brand a Summerville pawnshop "a rogue gun dealer" that contributed to Big Apple violence.

Circuit Judge Roger Young ruled Monday that Larry Mickalis of Mickalis Pawn Shop can sue the mayor and New York City in S.C. courts for slander, fraud, conspiracy and emotional distress.

Mickalis alleges that the mayor and his representatives damaged his business and reputation by trying to falsely paint him as a nuisance gun dealer involved in illegal weapon sales.



Mickalis' lawyers, Justin Kahn and Carl Pierce, called Young's ruling a huge victory in their effort to clear Mickalis' name. They hope to travel to New York within 45 days to take depositions from Bloomberg and others involved in the case, they said.

"We're extremely pleased that Michael Bloomberg and the city of New York are going to have to account for their actions in front of a jury in South Carolina," Kahn said. "They have not shown us any evidence that Mr. Mickalis was involved in anything. They just engaged in a PR campaign that basically destroyed his good name."

Mickalis was one of 15 gun store owners across the country that Bloomberg sued in May 2006 for allegedly allowing guns to be sold illegally, contributing to violence on New York's streets. No fewer than 49 guns sold at Mickalis' shop were used in New York City crimes between 1994 and

2001, Bloomberg's federal lawsuit contends.

Mickalis denied breaking the law and filed a fraud and defamation suit against Bloomberg, the city of New York and various investigators working on the city's behalf. Mickalis contends that New York did shoddy undercover work in trying to prove he didn't follow gun-sale requirements.

Connie Pankratz, deputy communications director for the New York City law department, said Monday that a federal judge already has found that the city has demonstrated its claims against the gun dealers "with a high degree of probability."

"We look forward to presenting these facts in court," she said.

The city's lawyers tried to quickly torpedo Mickalis' lawsuit, arguing various issues of procedure, jurisdiction and immunity. Among other things, they argued that Mickalis failed to follow New York's municipal procedures for filing legal claims. They also contended that Bloomberg couldn't be sued as an individual in South Carolina because he was acting in his official capacity.

In a 36-page decision, Young brushed aside those arguments. He determined that Bloomberg and the city went after South Carolinians on their home turf and cannot now try to hide behind New York's municipal filing laws to shake off a lawsuit.

Young also ruled that Bloomberg could be sued as an individual because his alleged actions appear beyond the scope of his office. The defendants provided nothing to show that the mayor of New York has the power or authority to conduct civilian sting operations against federally licensed firearms dealers in South Carolina, the judge said.

http://www.charleston.net/news/2007/..._c_court22757/

[ChamberedRound]

I hope this guy gets 'ol Bloomberg good.

[knight0334]

I hope that dealer takes every penny Bloomberg has

[noshow]

I hope this dealer is awarded "punitive damages" as well. Punitive(punishment) is in direct relation to the net worth of the defendant! You can't find deeper pockets than Mike's and no one deserves to be punnished more!

[billamj]

I'd love to see him get some of Bloomberg's billions but since he was acting as mayor he'll only get the money that the city's insurance company currently has in it's coffers.

[Pooch15825]

Originally Posted by billamj

I'd love to see him get some of Bloomberg's billions but since he was acting as mayor he'll only get the money that the city's insurance company currently has in it's coffers.

Not necessarily, I believe he actually went beyond his authority as mayor and if it can be proven he did this as part of his personal anti-gun bias, then he can personally be held to account for his actions. I am not sure, but it might be possible to get the city, the mayor's office and Bloomie all, getting him and the mayor position as two seperate entities.

Pooch15825

[billamj]

Originally Posted by Pooch15825

Not necessarily, I believe he actually went beyond his authority as mayor and if it can be proven he did this as part of his personal anti-gun bias, then he can personally be held to account for his actions. I am not sure, but it might be possible to get the city, the mayor's office and Bloomie all, getting him and the mayor position as two seperate entities.

Pooch15825

Now that WOULD be sweet!

[Pooch15825]

Originally Posted by billamj

Now that WOULD be sweet!

Oh my now wouldn't that! It would set all the big spending anti-gunners out there back on their ear worrying about whether they might be next. I honestly believe that any person, be it politician or some rich fat cat or even Joe Blow, that goes out, causes a change large enough that it costs people's lives due to their ignorance of the situation, should be held accountable. If politicians for example, pass bills that put the general public at risk by denying them the right to protect themselves, they should be put on trial along with the criminal that took advantage of their law to violate anothers rights.

Nice thought, never happen though, as I believe politicians are covered by a blanket clause protecting them much the same as police when they do not respond in time to save you from the badguy, they can't be sued for not protecting you.

Pooch15825

[God's Country]

I hope this goes somewhere and opens the doors for some of the others shops slandered by Bloomberg to do the same.

[knight0334]

He not only went passed his authority, he went passed his jurisdiction. ....its the jurisdiction issue that will hang Bloomberg.