preemption - a step in the right direction?

[tmountjr]

Saw this in the Morning Call (Lehigh Valley) today: http://www.mcall.com/news/breaking/m...,1231466.story

Allentown was found in violation of the state's Motor Vehicle Code - basically they're preempted from passing any law tightening the state's law on cell phone use, but they put up a ban anyway. The funny thing is, the lawmakers knew they were in violation of the law and still passed it, expecting it would be overturned.

IANAL nor do I play one on TV, so I wonder...could this opinion be used as supporting evidence for overturning other types of preemption violations in Allentown...or Philly...?

[whoshisface]

We know this already, the issue is that you have to get cited for breaking the law first and then even if overturned by a officer, I mean the magistrate, it does little good. It has to go to appealate court and that's why we're having a hard time. No one is getting cited and fighting it to that level yet.

So you're right this is a way except, limerick for example, refuses to issue the citation.

Saw this in the Morning Call (Lehigh Valley) today: http://www.mcall.com/news/breaking/m...,1231466.story

Allentown was found in violation of the state's Motor Vehicle Code - basically they're preempted from passing any law tightening the state's law on cell phone use, but they put up a ban anyway. The funny thing is, the lawmakers knew they were in violation of the law and still passed it, expecting it would be overturned.

IANAL nor do I play one on TV, so I wonder...could this opinion be used as supporting evidence for overturning other types of preemption violations in Allentown...or Philly...?

[zackattack784]

Saw this in the Morning Call (Lehigh Valley) today: http://www.mcall.com/news/breaking/m...,1231466.story

Allentown was found in violation of the state's Motor Vehicle Code - basically they're preempted from passing any law tightening the state's law on cell phone use, but they put up a ban anyway. The funny thing is, the lawmakers knew they were in violation of the law and still passed it, expecting it would be overturned.

IANAL nor do I play one on TV, so I wonder...could this opinion be used as supporting evidence for overturning other types of preemption violations in Allentown...or Philly...?

http://forum.pafoa.org/lounge-108/13...ml#post1588256

[Brick]

We know this already, the issue is that you have to get cited for breaking the law first and then even if overturned by a officer, I mean the magistrate,

And yet all of this bullshit would end most ricky-tick if the Atty General had a pair of balls and showed up at a Town Board or City Council meeting and explained to the Board that they'll go out in handcuffs, charged with official oppression and malfeasance of office if they ignore state law.

[whoshisface]

And yet all of this bullshit would end most ricky-tick if the Atty General had a pair of balls and showed up at a Town Board or City Council meeting and explained to the Board that they'll go out in handcuffs, charged with official oppression and malfeasance of office if they ignore state law.

That would be sweet, I don't see it happening

[ArcticSplash]

And yet all of this bullshit would end most ricky-tick if the Atty General had a pair of balls and showed up at a Town Board or City Council meeting and explained to the Board that they'll go out in handcuffs, charged with official oppression and malfeasance of office if they ignore state law.

Harrisburg tried that and still Philadelphia routinely passes bullshit that has to then go to the Court of Common Pleas to get hashed out, then it gets appealed and then when the PASC visits Philadelphia to sit in City Hall they toss all that shit out the window.

It. happens. every. year.


If this highly charged anti-Philadelphia General Assembly does not punish Philadelphia for this behavior then I doubt Philly will ever be punished.


Frankly I am sick of it because we have to pay millions of my money for a team of 5 to 15 people at the City Law Office to gin up all the pleadings and motions to carry these bullshit cases through the PA court system and waste everyone's time.



Speaking of which, I'm waiting for Harrisburg to strike down Philadelphia's Taser Ban.

Why do we still have a Taser Ban on the books here?

[knight0334]

Harrisburg tried that and still Philadelphia routinely passes bullshit that has to then go to the Court of Common Pleas to get hashed out, then it gets appealed and then when the PASC visits Philadelphia to sit in City Hall they toss all that shit out the window.

It. happens. every. year.


If this highly charged anti-Philadelphia General Assembly does not punish Philadelphia for this behavior then I doubt Philly will ever be punished.


Frankly I am sick of it because we have to pay millions of my money for a team of 5 to 15 people at the City Law Office to gin up all the pleadings and motions to carry these bullshit cases through the PA court system and waste everyone's time.



Speaking of which, I'm waiting for Harrisburg to strike down Philadelphia's Taser Ban.

Why do we still have a Taser Ban on the books here?

There is no preemption of tasers.

[ArcticSplash]

There is no preemption of tasers.

There needs to be.

That ban needs to be struck down.

[zackattack784]

There needs to be.

That ban needs to be struck down.

The ban is legal. Unless Harrisburg decides to preempt tasers (highly unlikely) the ban is there to stay.

[ArcticSplash]

The ban is legal. Unless Harrisburg decides to preempt tasers (highly unlikely) the ban is there to stay.

It's just completely illogical. With all the violence where a deadly firearm is used, you'd think it would be logical to argue if all the re-offenders were armed with Tasers instead... a lot less shooting deaths [and magically better crime-stat numbers] would be the result, even though some innocents will be shocked like eels to get their purses/wallets/drugs stolen.

A man can dream.