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Ravena Loitering Law is Unconstitutional: Violates First, Fourth, Fourteenth Amendments!

30 Aug

Our Advice: Drive a Crook Crazeee Wear a Wire. Get yourself a small digital voice recorder and keep it handy. Protect yourself when you talk to the Ravenazis or the Coeymanazis, when you enter their dens, when they approach you. New York State is a “one-party state” which means that if you are a party to a conversation you can tape the conversation without having to tell anyone. They’re crazy-paranoid now that they know we know they can be taped. If they behave themselves—which is highly unlikely—they have nothing to fear; if they don’t behave—which is very likely—you’ve got evidence and they have a problem. Ask mayor John Bruno and Cathy Deluca…they know!

Get Wired!

Get Wired!


Ravena Law Is Unconstitutional: Violates Citizens’ Protected Constitutional Rights

Absolutely Stupid!!! And Unconstitutional

Absolutely Stupid!!!
And Unconstitutional

Village of Ravena Posts a “No Loitering” Sign on Main Street Gazebo.

Part Two: Ravena’s Laws Are Unconstitutional—No Loitering? How the village of Ravena, the Coeymans Police Department, and a Jerky-Boy District Attorney, P. David Soares cooperate to violate your rights! It’s all in violation of the United States Constitution and your rights!

The elected members of the Ravena, New York, village board have again demonstrated their profound ignorance of basic constitutional rights that every person in the United States of America is guaranteed. Ignorant elected officials make vague and illegal laws that invite discriminatory and retaliatory enfocement by a biased police department.

First of all, it’s absolutely ridiculous to put up a gazebo in a highly visible place right in the middle of the village and then to post a warning sign that prohibits its use! Think of it this way: By definition a gazebo is “a roofed structure that offers an open view of the surrounding area, typically used for relaxation or entertainment” and is usually situated in a spot that provides a pleasant view while offering shelter from the sun. shelter from the elements, a place to meet, or simply a place to relax. So why would the village of Ravena erect a gazebo and then post a warning tantamount to forbidding its use based on a local nonsense law?

In Article II “Rules of Conduct” [Adopted on May 28, 1934 by Ord. No. 1 [footnote omitted]] includes § 83 – 10. Riotous assembly, § Obscene language or conduct, and especially § 83 – 13 Unnecessary congregation, the village law that is referenced in the sign placed on the Main Street gazebo.  § 83 – 13 reads in its entirety:

vor no loitering sign detail

§ 83 – 13. Unnecessary congregation???

§ 83 – 13. Unnecessary congregation.

No persons shall unnecessarily congregate upon the sidewalks or streets or street corners in the vicinity of any church or other public place. [footnote omitted]

So what would the person of average intelligence make of this idiotic verbage? The words “unnecessarily” immediately caught my attention. Isn’t “unnecessarily” subject to a really broad and vague interpretation? “Congregate” is another troublesome word in this constitutionally unenforceable law. What does congregate mean, anyway, as used in the law. And if you can’t “congregate” on sidewalks or streets or street corners, that leaves very few other places to “congregate.” Well, that leaves alleyways, abandoned buildings, parks, vacant lots, any other public area that is not a “sidewalk,” “street,” or “street corner.” In fact, where you can congregate is just about anywhere mischief can be done ‘safely.’ And according to this Ravena law you’d better watch out for the Coeymans cops after church when you “congregate” “unnecessarily” on the street in front of the church or in the church parking lot. According to the Ravena law, you will be loitering and subject to a ticket (depending on who you are, of course; law enforcement in Ravena-Coeymans is highly biased).

 “A person is guilty of loitering when he/she…loiters.”

Even the New York Penal Law § 240.35 Loitering, despite its redundant phrasing “A person is guilty of loitering when he…loiters.” Brilliant language skills of the New York State legislators. Makes sense, doesn’t it? But in a law that kind of language can cause problems on an appeal or constitutional challenge, as we’ll see below.

Nevertheless, the New York loitering law is somewhat specific but not immune from challenge in that it notifies the citizen that he or she is guilty of loitering if he or she “wanders about in a public place for the purpose of begging…or gambling…or sexual conduct…or sexual behavior of a deviant nature;” or if a person is in a place and “masked…or disguised…or in unusual or unnatural attire.” The NY law also defines loitering as when a person is on “or remains in or about school grounds…with no legitimate reason for being there,” or is present a transportation facility “for the purpose of soliciting or sale of merchandise or services…or for the purpose of entertaining,” or is “in a transportation facility…and is unable to give a satisfactory explanation of his presence.” Loitering is a violation.

Loitering is a Violation. Sign on Ravena Gazebo

Loitering is a Violation.
Sign on Ravena Gazebo

Reading this law anyone of average intelligence will be able to understand the behavior that might earn him or her a ticket in New York state but anyone of average intelligence will also recognize that the terms of the law are so vague and ambiguous that the can cause any prosecutor really big problems when confronted with a smart defendant or defense attorney…most likely the prosecutor will opt not to prosecute –  – as is often the case –  – and just drop the charge or make a deal.

But back to the Ravena so – called “loitering” law. The Ravena law is conspicuously unconstitutional for the reasons we discuss below and the United States Supreme Court agrees. Here’s why (without going into the details of the individual cases, which we have studied for this article):

Your Rights Ignored Criminals: Bruno, Warner, Bailey, Case, Persico, Darlington!

Your Rights Ignored
Criminals: Bruno, Warner, Bailey, Case, Persico, Darlington!

The Supreme Court has held that such ordinances violate the First Amendment of the United States Constitution because they offend the protected rights and freedoms of association, assembly, and expression. The Court has also held that such ordinances are unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment because they arbitrarily restrict personal liberties.  Such ordinances as the Ravena law are unconstitutionally vague because the law fails “to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests” by biased police officers. The Court also found that such ordinances are unconstitutional because they violate the Fourth Amendment by allowing a law enforcement officer to arrest a citizen suspect without probable cause. The Supreme Court held that “the freedom to loiter for innocent purposes is part of the ‘liberty’ protected by the Due Process Clause of the Fourteenth Amendment.”

Here’s a bit of history for you: The legal background of loitering laws go back way before the American Constitution. In fact, laws criminalizing vagrancy and loitering go back to the time of the Black Plague in England more than 500 years ago. Back then the laws had an economic purpose: preventing laborers from traveling to neighboring communities where labor was scarce, where they could demand a higher wage. As time went on and poor populations increased and the unemployed filled English roads to rob those who traveled them, loitering laws became a tool for crime prevention and criminal punishment.

The loitering law allows police to “control persons who, although not traditionally considered criminals, were nonetheless considered undesirable.”

Today loitering laws still focus on crime prevention. The most common reasons for passing loitering laws include stopping drug dealers and prostitutes from frequenting an area, preventing obstruction in public passageways, and of course allowing police to “control persons who, although not traditionally considered criminals, were nonetheless considered undesirable.”  In fact, the Supreme Court held in a landmark case, Thornhill v. Alabama, that the statute in question was too broad and “prohibited otherwise lawful conduct that would otherwise be protected by the First Amendment. The Court also believed that the statute violated due process by granting the police too much discretion and “readily lent itself to harsh and discriminatory enforcement by local prosecuting officials, against particular groups deemed to merit their displeasure.” Sound familiar RCS residents?

This type of law, the United States Supreme Court believes, “bears the hallmark of a police state.”

In another case, the Supreme Court ruled that “cities and states could not pass loitering laws simply as a way of increasing their power to arrest, and required that the state narrowly define who fell within the ordinance and ensure that the person’s actual conduct at least in some way constituted a recognizable offense.

A municipality’s anti-loitering ordinance criminalized innocent conduct and that was the downfall of the ordinance

In another important case the Supreme court ruled that the ordinance was “unconstitutionally vague because it subjected the exercise of a right of assembly to an unascertainable standard, and is unconstitutionally broad because it authorized the punishment of constitutionally protected conduct.” In other words, the court again found that a municipality’s anti-loitering ordinance criminalized innocent conduct and that was the downfall of the ordinance.

The Supreme Court in its rulings on the loitering laws has consistently held that loitering laws without a separate criminal element are overly vague and thus invalid.

In a recent landmark decision that buttressed and emphasized the Supreme Court’s attitude against loitering laws the Court stuck with the presumption that “the freedom to loiter for innocent purposes is part of the ‘liberty’ protected by the Due Process Clause of the Fourteenth Amendment.” With those words the highest court of the land placed the freedom to loiter within the greater “liberty” concept of “life, liberty, or property” within the Due Process Clause of the Fourteenth Amendment of the United States Constitution. A further effect of this is that it the Supreme Court recognized that discriminatory enforcement is the product of vague laws and the rulings prevent biased police from discriminating or retaliating against innocent persons. In other words, a law like the Ravena nonsense code would leave the police free to act out their biases, by unfairly targeting, dispersing, and arresting anyone or any group they disfavor. Sound familiar?

And by the way: The fact of being a young person doesn’t mean that you don’t have constitutional rights. You receive those rights at birth!

This should come as a very clear warning to the village of Ravena and its bunch of ignorant and useless fixtures called the village board (mayor John Bruno, Nancy Warner, William Bailey, Martin Case, Rocco Persico) to the town of Coeymans and its town board (supervisor Stephen Flach, Peter E. Masti, Thomas E. Dolan, Dawn Rogers, Thomas A. Boehm), and especially puts the Coeymans Police Department on particular notice to watch their steps because we’re watching and we’re ready to take action to clean up their acts if they can’t do it themselves. So listen up Bruno, Flach, Darlington. You’ve been served!

And village of Ravena mayor John Bruno and village board members Nancy Warner, William Bailey, Martin Case, Rocco Persico: Take the damned sign off the gazebo. It’s mere presence is proof of your ignorance!

The Editor

The Editor

Cases cited in this article:

  • City of Chicago v. Morales, 687 N.E.2d 53, 58-59 (Ill. 1997), 119 S.Ct. 1849 (1999)
  • Thornhill v. Albama, 310 U.S. 88 (1940)
  • Shuttlesworth v. City of Birmingham, 382 U.S. 87 (1965)
  • Papachristou v. City of Jacksonville, 405 U.S. 156 (1972)
  • Coates v. City of Cincinnati, 402 U.S. 611 (1971)
  • Nevada v. Richard, 836 P.2d 622 (Nev. 1992)

Also:

  • Farrar, Jared. “Just Hangin’ Around: Gangs and Due Process Vagueness in City of Chicago v. Morales,” Mercer Law Review, v. 51:973-986.
  • Leipold, Andrew D. “Targeted Loitering Laws,” Journal of Constitutional Law, February v.  3:1. 2001:474-502.
  • Letter, Attorney General McMaster  S.W. White, January 28, 2010, Opinion on Constitutionality of Union, So. Carolina Loitering Ordinance
  • District Court of Prince William County (Va), Commonwealth of Virginia v. M.I. Hernandez et al., GC04009123-00, Motion to Dismiss (undated)
  • N.Y Pen. Law § 240.35 Loitering

Stay tuned for:

Part Three: The Coeymans Police Department—Scoff-laws in Uniform. How Indifference and Bias Denies You Your Constitutional Rights. (This is a must-read for Coeymans police chief Gregory “DoDo-Cop” Darlington, Gerald “Dirty Hands Jerry” BoBo-Cop-Deluca, and Officers Jason “what investigation” Albert, Ryan “Psychocop” Johnson, Kerry “it’s hearsay” Thompson)

Part Four: Suing the Town of Coeymans Coeymans Police Department for Obstruction of Justice and Misuse of Public Office. How Coeymans police chief Gregory Darlington is going to lose his job and his crooked cops may find themselves doing jail time. So you want to make misdemeanors and felonies disappear, Mr Tom Dolan (Ask Tommy about his son’s escapades and where the charges went) and Dawn Rogers (Ask Dawn about her daughter’s friend the bottle and where the alleged DUI charges went). You might want to ask about how evidence is safeguarded in the Coeymans Police Department or their recipe for hitting parents through their kids. Or you might want to ask how to frame a resident or how to screw up a drug raid for a thimble full of marijuana while the real druggies are in the Ravena offices or the Coeymans PD evidence room (just speculating on this one). Of course, the Coeymans Police would rather hassle a bunch of kids congregating on a public gazebo than go after real criminals like Scott Lenden and his helpers (theft, possession of stolen goods, criminal tresspass). But then Dirty-Hands Jerry Deluca was investigator on that case and didn’t move his fat arse on it for six months until the victims called in the Albany County Sheriff’s team. Or how about arresting a kid for possessing his own prescription drugs and having him jailed for 45 days…on the information provided by a known, convicted druggie? An what about the recent botched up drug raids? Any comment, chief Darlington or admin assistant Kerry Thompson? And what happend to the investigations of Cathy Deluca and Claude Wheeles on falsely reporting an incident—one that never happened but Deluca and Wheeles collaborated and lied about it—maybe Officer Jason Albert, chief Gregory Darlington, or maybe Dirty-Hands Jerry Deluca can provide some answers. How does evidence leak out, Mr Deluca, Mr Darlington, Officer Albert?

Part Five: Going after the Ravena Coeymans Selkirk Central School District Board of Education, a Turncoat Superintendent of Schools, and the Teachers Union Lackeys Voted to the RCS Board of Education. How’d that all happen? We’ve got some information and facts that are going to knock your socks off and have some people soiling their undies. The real facts behind what cooking on the BoE and what a suicidal, ignorant school district has done to itself by handing over $40 million to crooks!


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6 Comments

Posted by on August 30, 2013 in Abuse, Abuse of Public Office, Accountability, Albany, Albany County Department of Children, Youth, and Families, Albany County District Attorney, Albany County Sheriff Department, Alice Whalen, Annette Demitraszek, Bill Bailey, Bitter Bob (Ross), Black Mamba, Bob Dorrance, Bob Knighten, Bob Ross, BoBo Cop, Bray Engel, Brown and Weinraub, Bryan Rowzee, Bullying, Burning the Constitution, Capital District, Cathy Deluca, Civil Right Violation, Civil Rights, Claude A. Wheeles, Coeymanazis, Coeymans, Coeymans Police Department, Coeymans Town Attorney, Coeymans Town Board, Coeymans Town Court, Corrupt Police, Corruption, David Soares, Dawn LaMountain, Dawn Rogers, Diane Malecki, DoDo Cop, Dr Alan R. McCartney, Edward "Teddy" Reville, Edward Reville, Eilleen Vosburgh, Eleanor Luckacovic, Eleanor Oldham, Eliminate Coeymans Police Department, Elizabeth A. Varney, Entrapment, FBI, FBI Criminal Information System, FBI Public Corruption Squad, Felony, First Amendment, Fourteenth Amendment, Freedom, Freedom of Speech, George Dardiani, Gerald Deluca, Greene County, Greg Teresi, Gregory Darlington, Gregory Teresi, Harold Warner, Howard "Bray" Engel, Hudson Valley, Ignorance, Incompetence, Investigation, Jason Hyslop, Jena Misuraca, Jerry "Dirty-Hands" Deluca, Jerry Deluca, Jerry Perrine, Joan Ross, John Luckacovic, John T. Bruno, Joseph C. Teresi, Joseph Teresi, Josie Biscone-Bruno, Larry Conrad, Latter-Hyslop-Brown, Laverne Conrad, Law, Law Enforcement, Loitering, Marlene McTigue, Martin Case, Marty Case, Mary Partridge-Brown, Matt "the Mutt", Matt Miller, Matthew J. Miller, Mayor Bruno, Michael Biscone, Misconduct, Misdemeanor, Monitoring, Nancy Biscone-Warner, Nancy Warner, New Baltimore, New York, New York State, New York State Police, NYCLU, NYS Assembly, NYS Senate, Office of the Attorney General, Official Misconduct, P. David Soares, Patrick E. Brown, Pete Lopez, Peter Masti, Phillip Crandall, Police Incompetence, Police State, Pudenda David Soares, Ravena, Ravena Coeymans Selkirk, Ravena Village Attorney, Ravena Village Board, Retaliation, Robert Fisk, Rocco Persico, Sarah Berchtold Engel, Sarah Engel, Scott Lendin, Scott M. Lendin, Selkirk, Smalbany, Stephen Flach, Stifling Freedom, Surveillance, Susan K. O'Rorke, Teddy Reville, Thomas A. Boehm, Thomas E. Dolan, Tom Dolan, Trespassing, Unamerican Activity, Violation, William Bailey

 

6 responses to “Ravena Loitering Law is Unconstitutional: Violates First, Fourth, Fourteenth Amendments!

  1. RCSinsider

    August 31, 2013 at 10:10 pm

    The land the gazebo sits on is owned by Persico. The village pays rent to have the gazebo on it Persico then gives it back as taxes or a kick back or pay for play. What a racket That’s how they steal your money and it’s called the shell game. They hate Lazlo Polyak because he looks at the vouchers and questions their ethics etc. They tear down buildings at tax payers expense then give the land away cheap or deny you building permits, then buy the land cheap or complete the project cheap.

    What happpened when RCS CSD teacher and Ravena village trustee Martin “Marty Case” chaperoned a group of students who went to Washington D C ? Some of the students on the overnight field trip say he went out on his own and got drunk. Parents complained but everthing disappeared via Deluca. The same will happen with Cathy Deluca’s false complaint too. She will never be arrested. Marty Case will have 4 jobs: teacher $90,000, Ravena village trustee $20,000 including free medical and dental, real estate for kick backs from Prudential Real Estate with Josie Bruno or high fees paid by tax payers, and possibly full-time Coeymans town supervisor 30,000 when will he sleep? Wait vampires dont sleep, do they!?! 4 jobs while teenagers and young adults cant even get a part time job’, and businesses in Ravena Coeymans are folding faster than a cow-town gambler’s cards.

    Coeymans police chief Darlington told the town clerks office to STOP catering to a resident’s demands for information and FOIL requests or else; the town clerk told him she can’t violate State or Federal Laws public records are aviailable to everyone. Coeymanazi police chief putting the pressure on the clerk to stop complying with the law? What’s Darlington got to hide? PLENTY!

    [Editor’s Note: This comment may contain unverified information and does not necessarily represent the position of this blog.]

    Like

     
    • RCS Confidential

      September 1, 2013 at 7:48 am

      Thank you, Insider, for your very interesting comment.

      While we have not verified all of your facts, if even a minority are verifiable, there is plenty of criminal activity going on that needs prosecution in Ravena-Coeymans. But we know that, already. Little-by-little, however, the real magnitude of the cancer is becoming clearer and clearer and the rats are starting to panic.

      We know the rats are starting to panic if your statement that the chief of police is threatening the Coeymans town clerk and telling her to stop obeying the law. That’s very interesting and we’d really like to know more about that.

      One very serious question that looms over this entire situation is this: Where does a simple employee of the town of Coeymans, police chief Gregory Darlington, a former garbage collector (No. We’re not referring to his collection of thugs in the Coeymans P.D.) and a Do-Do who flunked the police chief civil service exam at least three times, tell and ELECTED OFFICIAL, the town clerk, to ignore the law?!? The town clerk is an elected official, elected by the people, and carries the trust of the PEOPLE and is duty-bound to do what is in the public interest, that is, obey the law. The chief of police is merely an employee hired by the town board, who reports directly to the town board and can be FIRED by the town board. He’s an employee just like the cleaning lady–but she’s much, much more honest.

      So, Insider, residents and voters of the town of Coeymans: What do you think of the chief of police, a law enforccement officer who has taken an oath to support the Consitution of the United States, who is telling the town clerk’s employees to stop responding to a resident’s demands for public information?

      And what about the Coeymans town board, especially Mr Thomas E. Dolan, who are supposed to be directly supervising Mr Gregory Darlington? Don’t they know about all this and more? Isn’t it their responsibility to keep tabs on Mr Darlington, to evaluate him, to discipline him? What’s going on, Mr Supervisor Stephen Flach? Who’s dropping the soap, here?

      Don’t you think he has to GO like yesterday? We do!
      The Editor

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  2. aunt clara

    August 30, 2013 at 9:40 pm

    Just when this community’s hemmoriods were almost healed over the mayor and village board managed to evict the community library and vindictively raised the libray’s rent 600 dollars now this oxymoron: a gazebo, a place to gather under and congregate, in a public place sports a sign telling you can’t use it (according to Ravena’s unconstitutional law). Or is this part of mayors Bruno’s master[bation] plan to make Ravena into a ghost town where even the tumble weeds cant assemble.. It looks like mayor John Bruno must have inhaled too much mercury vapor when he burnt uup the kiln at the cement plant. Well as people drive by they will still have a good laugh at our expense. Maybe you shoiuld send this to Jay Leno when he does his dumb azz road sign.
    Auntie Clara

    Like

     
    • RCS Confidential

      August 31, 2013 at 9:46 am

      Thank you, Aunt Clara, for your comment.

      The village of Ravena has been on a downhill slide ever since mayor John Bruno started showing signs of senility (like his childish behavior at a recent hearing). But the street news is that he’s always been a bit off his rocker. In fact, one of my own neighbors, a cousin of Bruno’s, tells me that his mother used to say: “How do you know John Bruno’s telling a lie?” The answer: “His lips are moving.” And do you wonder that the people he hand selects and supports to be on his village board are cut from the same rotten cloth or that the people he personally appoints and his sock-puppet village board approves are made of the same garbage as Bruno? Anyone with any sense of decency or community spirit doesn’t last long if they won’t let themselves be intimidated by Bruno or Warner. When we call the village offices a den of vipers, it’s closer to the truth than most people realize.

      It looks like Warner and Bruno are out to get the village kids, too. Those two bastids, the Bruno-Warner pair, are satanic, totally evil. We’ve received reports that they’ve been driving by the gazebo multiple times while the kids are at the Teen Center. The Coeymans cops are doing the same thing. Do you think they’re envious of the Teen Center? Are they going to try to criminalize the kids who are going the right path and staying out of trouble. We wouldn’t put it past those rotten mummies to do something like that with the help of the Coeymanazis in the Coeymans Police Department. Darlington’s scared shitless but his days are numbered and he’s likely to lose his pension when Albany County demon-crats lose control of the criminal and civil case against him, the Coeymans Police and the town of Coeymans board and it goes to a different state court in a different county.

      Things are starting to happen and Bruno and his mob’s days are numbered. But they chose to spend their last days in shame and isolation.

      The Editor

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  3. Tom S.

    August 30, 2013 at 6:18 pm

    Love it! Keep it going! Does the “Nosey Hearld” subscribe to this publication?

    Like

     
    • RCS Confidential

      August 30, 2013 at 8:54 pm

      Happy Holiday, Tom, and thanks very much for your comment.
      Of course they do. Everyone does but only some will admit it. I know the Johnson newspaper group, the owners of the NH, visit the blog regularly and follow it. Their local lackey Bryan Rowzee doesn’t seem to catch on to the stories, though. And although the Times Useless is a frequent visitor, they’ve been eerily silent these past couple of weeks.

      Spread the word, Tom. We seem to be making some headway in shaking things up in old Brunoville and Reubenville.

      The Editor

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