Thursday, May 25, 2006

Second challenge to anti-nudity ordinance filed
Apparently it's OK to try and shut down someone else's business based on your prejudices, but the second there are consequences to that action you get to cry "victim".

Grand Rapid-The Little Red Barn Theatre and Bookstore is the second adult business to challenge the new Grand Rapids anti-nudity ordinance.

The Red Barn's federal lawsuit doesn't just charge the city with violating the U.S. Constitution.

It also wants damages from leaders and members of the community group and non-profit organization that lobbied for the law and everyone who pledged to a legal fund set up to defend the ordinance.

"Talk about restraint of free speech," says Dar VanderArk, executive director of the Michigan Decency Action Council. "We're all in trouble if that is successful. It's scary when you think about it. Really scary."

Cry me a river, Dar. What a hypocrite. Is it "really scary" that someone actually fought back this time?

Typical bully. He can dish it out, but he can't take it.

The Red Barn lawsuit accuses the city of acting as the government agent for private citizens who want to close adult businesses.

Good. I don't want my city government, my tax dollars to be able to be "bought" on a whim and used to further the Radical Right's goals, especially by people who insist on remaining anonymous.

They want to sue on their own? Go ahead. Leave my money out of it.

Rick Tormala seems to be the city official with his head on straight.

City Commissioner Rick Tormala was the only commissioner to vote against the ordinance. Tormala says he's worried the city will run out of money trying to fight the lawsuits and says he refuses to authorize the use of additional taxpayer money.

"Mark London has 100 thousand dollars from Duane Faust that he can use against us," Tormala said. "There's going to be tons of money coming from that industry and we've got limited funds. I hope it lasts. You're going to have to ask the mayor what will happen when we run out of money," Tormala said.

Heartwell says he believes the lawyers. (hahaha!) I really like my mayor, but I think he's foolish to think this will only cost 100 grand.
"I remain convinced that 100 thousand is adequate. That is what our outside council told us, and I am relying on that," Heartwell said.

Did the lawyers take in account this new lawsuit? My guess is no. I wonder if there is any case law on this- can a group private citizens fund a city's (public) legal actions? This can't be the first time this has happened. I alaso wonder if the discovery process will reveal the names of these "anonymous" people.

Better get that agreement from the MDAC in writing, Mr. Mayor.