"Remember the Children of Waco" & "Boo ATF" lawsuit

[WhiteFeather]

http://www.srpressgazette.com/news/a...atf_judge.html

Judge approves ACLU lawsuit against ATF
Lawsuit Claims ATF’s Unlawful Retaliation for Free Speech

ACLU Director of Communications Brandon Hensler says the American Civil Liberties Union of Florida received an early victory today when Senior Federal Judge Lacey A. Collier denied the ATF’s motions for summary judgment in Kilpatrick v. U.S.


The ACLU filed the case on April 18, 2006, on behalf of Karen J. Kilpatrick, who claimed that the Bureau of Alcohol, Tobacco and Firearms (ATF) violated her Free Speech rights.


Kilpatrick was driving her blue van in Pensacola on April 19, 2004, with the slogans “Remember the Children of Waco” and “Boo ATF” written on some of the windows when she was pulled over by police for questioning by the ATF.


The ACLU argues in the lawsuit that her First Amendment Rights to Free Speech and her Fourth Amendment right to be free from unreasonable search and seizure were violated when officers detained her for an hour, searched her car without consent, and ordered her to remove the writing on the side of her van.


“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.


“We are confident that we can win this case once the facts are demonstrated and we are pleased that we will be able to make our case in court,” he says.


Counsel for Kilpatrick v. The United States of America are Bert Oram, ACLU cooperating attorney; and Benjamin Stevenson, ACLU of Florida staff attorney in Pensacola.


The MP3 file of the 911 call and a PDF copy of the Order on Summary Judgment can be viewed at: http://www.aclufl.org/pdfs/Kilpatrick-SJ.pdf.

[Penguini66]

Sweet! Hang-em!

[Robert Kayland]

I'm confused... was she pulled over by local police or are ATF agents now participating in traffic stops?

Either way, if I were an LEO, I'd be ashamed.

[jerkin]

Here is another link which has a little more info including recordings of some of the phone conversations. http://armsandthelaw.com/archives/20...suit_again.php

[Robert Kayland]

My heart bleeds for the ATF that they had "friends who died at Waco".

[walther]

Ahh, the good 'ol B A T F E... If you don't yet, get to know these folks and their shady practices well, I've got a feeling in the next couple years many on this site will become 'intimately acquainted' with them.

If any of you are ARFCOM members (ar15.com) do a search there and read some of the threads, most notably the Cav Arms debacle and Bladerunner2345's case. So many horror stories... If you piss them off, they WILL get you...

When you have dealings with them ALWAYS videotape it or at least carry a small audio recorder (and be sure to inform them), and if they are in your house for any reason keep a VERY close eye, they have been known to do 'less then ethical/legal' things to make cases.



To the friendly Agent reading this thread: I only post here because I USED to own firearms but, tragically, they were all lost in a boating accident last year...

[Robert Kayland]

Ahh, the good 'ol B A T F E... If you don't yet, get to know these folks and their shady practices well, I've got a feeling in the next couple years many on this site will become 'intimately acquainted' with them.

If any of you are ARFCOM members (ar15.com) do a search there and read some of the threads, most notably the Cav Arms debacle and Bladerunner2345's case. So many horror stories... If you piss them off, they WILL get you...

When you have dealings with them ALWAYS videotape it or at least carry a small audio recorder (and be sure to inform them), and if they are in your house for any reason keep a VERY close eye, they have been known to do 'less then ethical/legal' things to make cases.

To the friendly Agent reading this thread: I only post here because I USED to own firearms but, tragically, they were all lost in a boating accident last year...

Do you have links to those threads? I didn't notice a SEARCH feature over there on the forums.

[Swarner793]

I only post here because I USED to own firearms but, tragically, they were all lost in a boating accident last year...

I am glad you came out of it OK. I am sorry for the loss of your property

Be safe (and buoyant).

Scott