Update...

Constitutional Issues....

Public never wins, they say it is okay cause if you think you got rooked you can always appeal to local circuit court.

Now for the SUPER dirty pool, they file to get it thrown out once you spend money to file appeal at circuit court and as a result NO ONE apparently ever gets their case heard.

In my case, five days before the hearing they filed a motion to have it thrown out, I filed a constitutional opposition to motion to throw out, and never showed up for hearing because I was under impression hearing was off until judge ruled on constitutional issues I brought up in opposition to motion about throwing it out.

Read in the paper I never showed up, for the hearing, thought that put hearing on hold til judge ruled on motion.

Had second ticket and could have appealed that one but at last minute after making me come all the way back from Az construction job, cancel it two hours before administrative hearing apparently so I could NOT appeal that to the circuit court. (turns out be real reason canceled)  We have posted the letter, (http://www.siouxfallsclassaction.com/lettertocityattorney.htm ) just sent to city attorney asking them to issue us another ticket so we can appeal it, and also notifying them we are asking circuit court to reschedule hearing because of pro se status and not understanding motion to dismiss did not override hearing.

BIG similar case on red light photo thing, 10th and Minnesota, comes up in circuit court June 13th, has SAME constitutional issue and may be ruled on by circuit court setting precedent that all city tickets issued under this unconstitutional set up will be nullified. If circuit court does not on this one, they may on ours if we get that heard. If not, we go to federal court where I have experience acting as my own attorney in 28 federal constitutional cases in 32 years.

Now, the big news on our newsracks, as you know we have been using our back yard for newspaper vending machines for 18 years. The neighbor and the city response have been bugging us for last several years, this year, fence locked yard not good enough. Now say machines attract rats and kids may get hurt on them.

So we are distributing the 30 racks all over town, on the city sidewalk where we have every legal right to distribute this little paper. Rats and kids know not to mess with our racks on the city sidewalk.

We have over 700 similar machines in six states and in last six months, even though have money in them, not one stolen.

We placed ONE machine on sidewalk at Sioux Falls west side Walmart, so far, even though NO MONEY in these machines THREE stolen.

Police do nothing. Private Investigator catches third machine removed from sidewalk in Walmart shopping cart in cart marshaling area nearly quarter mile away. We post private investigator photo of newsrack in Walmart shopping cart lot.

Police refuse to take report, tell us to pick machine up because they are telling Walmart they can throw it in dumpster. We insist they investigate and force whoever removed it put it back.

We post pictures of rack on web and lack of police action or taking report. After ten days sitting in cart in middle of Walmart shopping cart area this rack caught in time before destruction, never the less disappears. Police not interested in pursuing apparently.

We go to Walmart shopping parking area near sidewalk to install rack number four.
Walmart parking lot employee comes running out and says, stop, stop, you can not put that on the sidewalk without talking to the manager or he will just have us throw it in the compactor. We asked if that was what happened to others? He said yes and if we don't get permission that happens to this one too.  We photograph and video tape him with cell phone.

Detective this reported to says, "they will talk to Walmart." Detective calls back and says manager says no employee of theirs ever said any such a thing even though two witnesses and video tape. We furnish excellent fully identifiable photo print of employee, to police department, now three weeks after third rack stolen, police do nothing. $750 worth of machines stolen.

You figure out who is taking racks, city police not going to.... very baffling case.

City attorney claims no contact with landlord who canceled our lease after sign on marquee at store two (12th street store) on CITY HARASSMENT is mentioned in Argus newspaper article saying city can not do anything about that sign, free speech and all that.

Nine City inspectors never pressure tenant, ALWAYS contact landlord. They would be the ones that contacted, not the attorney.

In the meantime, people that call us reporting on the city on going harassment say city dropping several unjustified tickets, when get to hearing, one for $1200, dropped two hours before hearing. City lets you hire attorney, spend money, prepare, for hearing, even though they know they have unjustified tickets and are going to drop them. Will try every trick to get you to pay them, and will let you hire attorney at great expense and then DROP the ticket two hours before the hearing. Is this the kind of government you can be proud of?

Store two on12th street is forced to close July 1, as a result of lease cancellation.

Thousands of videos and dvd being dumped at weekly dropping price a buck, Dutch auction.

Meantime, when ever we get time we are working on rehabbed newsracks in our privately owned commercially zoned, fenced to city requested specs, back yard.

Expecting semi load later for new paper coming out this fall..150 or more machines.

Rodents and children being re-educated to play with dangerous "health hazard' machines all over town on city sidewalks.

If you get one in front of your business on the city sidewalk, remember we did not want them there, we wanted to keep them in our back yard til we got around to painting them etc., for new paper this fall.

City says they are "health hazard" in our back yard and keeps issuing us tickets and fines. Federal court says we have right to have them on sidewalk.

You figure it out, this BIG government mentality is too much for us.

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