Contacted the Attorney General

[steveforopen]

Originally Posted by danp

As he explained it to us at the ACSL Banquet unless the prosecutors for a locality ask him to be involved, he has no authority. He can't just run around the state prosecuting any crime he wants.

I just don't see how this makes sense.

So unless a local DA asks the AG to stop Philadelphia from passing illegal ordinances, the laws are effectively valid?

Is there not a way for ONE single resident of Philadelphia to sue the city council for § 5301. Official oppression

"A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

1. subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
2. denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

Simply, when the city council uses its authority to enact illegal laws, it effectively "denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity".

[ErnieD]

Just contacted my State Rep's (John Perzel) office (he's actually a good supporter of ours).

The person on the phone said the Rep Perzel was not happy with Council's action and that the laws passed are illegal. They expect a response from Harrisburg by Monday or Tuesday.....

Everyone should contact their State Rep to express their dissatisfaction with Phila's actions.

I also contacted my City Councilman (Brian O'Neill) to complain about City Council's actions, the poor representation of their constituents and waste of tax dollars..the person on the phone said "they were sorry to hear to that".

Anyway, recommend all Phila residents on this site contact their Councilman to complain. Nothing like alot of phone calls on a Friday afternoon....

[Philadelphia]

Hmm . . . I recall what was done long ago when a local official refused to obey the law of the land.

If I remember right, the state national guard was called in to protect and escort those who sought to exercise their rights under the law from being persecuted by the local lawless oppressors.

http://archives.alabama.gov/govs_list/schooldoor.html

I doubt fast eddie will do that in these circumstances but it would be cool.

Yet again, philly local gov't creates a constitutional crisis by refusing to obey the well accepted laws of pennsylvania. There should be some legal consequences stemming from that. Throw Nutter and City Council under house arrest for 90 days might get their attention. I think this happens so frequently because there really are no consequences -- H'burg should make it harder on Nutter. Rendell and Nutter are too busy high fiving each other for that to happen in a case like this.

[jofreder]

I would really like for these politicians to be held accountable for providing us with their reasoning, statistics and any analysis they did that determined the effectiveness of these laws.

[LittleRedToyota]

just for reference, here is the web page from the philly DA's web site regarding private criminal complaints:

http://www.phila.gov/districtattorne...ecriminal.html

i was hoping they would have a form so that i could fill it out and mail it to them, but it seems like you need to go do it in person.

all you guys who live in philly might want to consider doing so...it would be really cool if a whole bunch of you showed up at the same time to file.

remember to cite both the pre-emption clause of the UFA as well as the statute against official oppression.

[tes151]

Originally Posted by Chazman321

No, we need to contact the Philly DA, show him where the Mayor's actions are illegal, then threaten to personally sue each and every one of them. Also, filing a personal complaint on them for abuse of power (or whatever that law is called), and having them charged with a crime, is always my favorite way to go about things... Who would vote for a Mayor that broke the law, and now has a criminal background for doing so?



Chaznailthemtothewallman321

The people of Washington DC come to mind.

[larrymeyer]

It's my understanding these laws constitute a misdemeanor which is a crime. If the Phila DA Abrehams doesn't prosecute the AG has the power to step in and prosecute the offenders.

Maybe Rules are Gunlawyer can verify this.

[JoeWilliams]

Originally Posted by danp

Our AG is without question on out side when it comes to these issues. The problem is he has no authority to get involved in the criminal matters of localities without being asked. That is my understanding.

And a private criminal complaint form constitutes asking? The challenge for me would be showing how it affects me directly, since I do not live in Philly itself nor will I go there for any amount of money.

[larrymeyer]

Originally Posted by JoeWilliams

And a private criminal complaint form constitutes asking? The challenge for me would be showing how it affects me directly, since I do not live in Philly itself nor will I go there for any amount of money.

But he does if the city DA won't act the AG can

[shermdo]

Originally Posted by Chazman321

Who would vote for a Mayor that broke the law, and now has a criminal background for doing so?

The sad answer to that question that the majority of the citizens of the City of Philadelphia will and have in the past voted for candidates of questionable moral fiber. They re-elected the last major BECAUSE he was under investigation. In reality he was not but several of the people around him were. His brother was a criminal and corrupt but many just don't care.

Oh and by the way the Philadelphia DA is a woman not a man. Lynne Abraham is a good DA but I don't think that she or her office are going to bring charges against a sitting major and the entire city council. Now I do wish that she would do so.