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SAF Court Victory Ends Gun Ban - East St. Louis Public Housing


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#1 mauserme

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Posted 11 April 2019 - 12:37 PM

Congratulations to SAF, ISRA, Plaintiff Doe and their attorney, David Sigale:


https://mailchi.mp/s...an?e=6a9049dba9
 

SAF COURT VICTORY ENDS GUN BAN


A federal judge has issued a permanent injunction against the East St. Louis Housing Authoritys (ESLHA) ban on firearms possession by residents of government-subsidized public housing and thus granting a victory to the Second Amendment Foundation, which sued the town in 2018 over the ban.

The lawsuit was filed on behalf of an N. Doe resident who wished to protect her identity, because she is, according to the lawsuit, hiding from a violent domestic abuser. SAF was joined by the Illinois State Rifle Association. They were represented by Glen Ellyn, Illinois attorney David Sigale.

We are delighted with the judges decision, which we hope sends a message to other municipal governments that they cant try to sneak around the two United States Supreme Court victories that SAF and its attorneys were involved in to further their efforts to ban legal firearms ownership, said SAF founder and Executive Vice President Alan M. Gottlieb.

Gottlieb noted, Our attorney, in this case, David Sigale, holds the record for the most gun rights court victories in the legal profession.

This isnt the first time weve had to challenge such a regulation, said SAF founder and Executive Vice President Alan M. Gottlieb. It is simply unacceptable for citizens living in public housing to be denied their basic right to have a firearm for personal protection, and in this case, it was unconscionable.
The court order of final judgment ruled that the plaintiffs rights are were violated under the Second and Fourteenth Amendments due to a requirement that no firearms be possessed on the property as a condition of the lease.
This situation was made even more outrageous considering what has happened to Ms. Doe while living at her home, Gottlieb noted, referring to the lawsuit. Weve explained how she was beaten and raped in January 2017, and her children stopped the attack only by threatening to use a gun. On two other occasions, Ms. Doe had to call the police due to shootings in nearby residences. When the housing authority threatened to terminate her lease due to the gun in her residence, they insisted that the building is safe, so she doesnt need a gun.

This kind of gun prohibition extremism has no place on American soil, Gottlieb observed. Its just one more example of how the Second Amendment Foundation is winning firearms freedom, one lawsuit at a time.

The lawsuit was filed in U.S. District Court for the Southern District of Illinois.

View Court Order here.


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We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#2 Sweeper13

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Posted 11 April 2019 - 12:47 PM

At least this verdict didn't take 10 yrs... Thanks to all



#3 Euler

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Posted 11 April 2019 - 12:59 PM

For reference, this topic is a continuation of the archived SAF, ISRA Sue East St Louis Housing Authority Over Gun Ban for Residents.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

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#4 papa

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Posted 11 April 2019 - 02:46 PM

Would this ruling cover all of Southern Illinois housing ? 



#5 C0untZer0

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Posted 11 April 2019 - 05:06 PM

David Sigale ?


“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
 It cannot.” 

 

― Tiffany Madison― 


#6 mauserme

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Posted 11 April 2019 - 06:14 PM

David Sigale ?


Yes: 
 

Our attorney, in this case, David Sigale, holds the record for the most gun rights court victories in the legal profession.


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#7 Euler

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Posted 11 April 2019 - 06:58 PM

Would this ruling cover all of Southern Illinois housing ?


The ruling is worded to be directed exclusively at the East St. Louis Housing Authority, but if any other landlord tried to insert (or already does insert) a ban on firearms into a lease, it would just be a copy/paste to file a suit to invalidate it.

The decision has 5 parts.
  • The housing association is prohibited from enforcing the firearm prohibition for residents inside the residential units.
  • The housing association is required to remove the offending language from all future leases.
  • The housing association is free to prohibit firearm possession by non-residents.
  • The housing association is free to prohibit firearm possession in public areas (i.e., not inside residential units).
  • The housing association is ordered to pay the cost of the plantiff's legal fees (which are $7500 - freaking cheap IMHO).

Edited by Euler, 11 April 2019 - 06:59 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#8 Weed

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Posted 11 April 2019 - 09:31 PM

I wouldn't want to be anywhere in E. Saint Louis without a firearm and would rather it be a belt fed.



#9 ChicagoRonin70

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Posted 11 April 2019 - 09:53 PM

 

David Sigale ?


Yes: 
 

Our attorney, in this case, David Sigale, holds the record for the most gun rights court victories in the legal profession.

 

 

I think I might need to give this fellow a call sometime in the near future. There's a public transportation concealed carry prohibition that I need to kick the legal teeth in at some point not too distant from now.


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"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

Who gets to keep and read books? The Media? Or is it the People?

 

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#10 markthesignguy

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Posted 12 April 2019 - 01:43 AM

I think I might need to give this fellow a call sometime in the near future. There's a public transportation concealed carry prohibition that I need to kick the legal teeth in at some point not too distant from now.

You might want to listen to this first:  http://media.ca7.usc...xEknm9HyaUu8uVc
 
Wilson vs Cook Co appeal.
 
And he is teed up to do the FOID constitutionality appeal through IC and ISRA (Sigale) because her attorney is retiring.

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#11 mauserme

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Posted 12 April 2019 - 04:22 AM

I guess he actually won two gun rights cases yesterday, the other a little smaller than this one. In the long run, of course, it's the courts' opinions of his arguments that are the only opinions which really matter.

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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#12 C0untZer0

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Posted 12 April 2019 - 06:12 AM

David Sigale ?


“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
 
 It cannot.” 

 

― Tiffany Madison― 


#13 mikew

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Posted 12 April 2019 - 08:54 AM

I guess he actually won two gun rights cases yesterday, the other a little smaller than this one. In the long run, of course, it's the courts' opinions of his arguments that are the only opinions which really matter.

What's the second case?



#14 mauserme

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Posted 12 April 2019 - 09:09 AM

The second was a licensing review board case. Like I said, smaller, but two wins in one day is very unusual.

https://sigalelaw.co...kend-firms-day/
 

Wins Bookend Firms Day


APR 11, 2019 BY ADMIN IN GUN LAW

Today was a day of victories large and small for the Law Firm of David G. Sigale, P.C. In the morning, the District Court for the Southern District of Illinois entered a judgment in favor of the Firms clients in N.Doe v. East St. Louis Housing Authority, which was a challenge on behalf of public housing residents being prohibited from possessing firearms in their residence for self-defense for fear of being evicted. Thanks to this ruling, those residents, including the Plaintiff who had to file anonymously due to violent physical threats against her from a former romantic interest, will no longer suffer discrimination in exercising their Second Amendment rights due to being on public assistance. Constitutional rights should not depend on income level, and this ruling solidifies that principle. Thanks are due to Second Amendment Foundation for its support and participation, and the Illinois State Rifle Association, which was also a co-Plaintiff in the case on behalf of its members.

Then, in the afternoon, David G. Sigale received word from his client, R.C., that his Illinois concealed carry application appeal before the Licensing Review Board was successful and that his license, wrongfully held in limbo for months, has been approved.

Sigale says, In both cases, macro and micro, there is a real person whose rights have been affected, and the Firm has been honored to represent them in their efforts.

The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#15 mikew

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Posted 12 April 2019 - 09:37 AM

The second was a licensing review board case. Like I said, smaller, but two wins in one day is very unusual.

https://sigalelaw.co...kend-firms-day/
 

Awesome!



#16 steveTA84

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Posted 12 April 2019 - 12:44 PM

He helped win the McDonald and Ezell cases as well

https://sigalelaw.com/home/profile/

https://sigalelaw.co...ity-of-chicago/

#17 mikew

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Posted 12 April 2019 - 03:10 PM

Moore v Madigan (CCL in 7th ct.) , too, if I recall.



#18 Molly B.

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Posted 13 April 2019 - 11:10 AM

Would this ruling cover all of Southern Illinois housing ? 

 

Just this particular Housing because it was a reached agreement.  However, we would be glad to advance this effort to any housing authority in the state!


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#19 papa

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Posted 13 April 2019 - 02:45 PM

 

Would this ruling cover all of Southern Illinois housing ? 

 

Just this particular Housing because it was a reached agreement.  However, we would be glad to advance this effort to any housing authority in the state!

 

 

If you remember Per my PM to you sometime back , my lease says " shall not unlawfully " possess .  However there are still many who have the understanding and belief that a person can not have a firearm anywhere on housing property.  I was hoping I could show them this judgement for proof.


Edited by papa, 13 April 2019 - 02:47 PM.


#20 Euler

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Posted 13 April 2019 - 02:53 PM

If you remember Per my PM to you sometime back , my lease says " shall not unlawfully " possess.  However there are still many who have the understanding and belief that a person can not have a firearm anywhere on housing property.  I was hoping I could show them this judgement for proof.


Well, that's a useless contract clause. Nobody anywhere is legally allowed to do anything unlawful. That's what "unlawful" means.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#21 mauserme

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Posted 13 April 2019 - 05:30 PM

It allows a civil remedy, like eviction, even if criminal charges aren't brought.


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Link to ILGA House Audio/Video..........Link to ILGA Senate Audio/Video ..........Advanced Digital Media Link ..........Blue Room Stream Link

 

We are hard-pressed on every side, yet not crushed; we are perplexed, but not in despair; persecuted, but not forsaken; struck down, but not destroyed—...
Therefore we do not lose heart. Even though our outward man is perishing, yet the inward man is being renewed day by day. For our light affliction, which is but for a moment, is working for us a far more exceeding and eternal weight of glory, while we do not look at the things which are seen, but at the things which are not seen. For the things which are seen are temporary, but the things which are not seen are eternal.   (2 Corinthians 4 NIV)
 

On 5/25/2017, Superintendent Eddie Johnson predicted a 50% reduction is Chicago violence within 3 years of SB1722 becoming law.  The bill was signed into law on 6/23/2017. The clock is now ticking.


#22 Euler

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Posted 13 April 2019 - 10:40 PM

It allows a civil remedy, like eviction, even if criminal charges aren't brought.


OK, I'll agree that if a tenant is convicted, he's evicted. If the tenant was acquitted or if there wasn't even a prosecution, I think the landlord is going to have a hard time proving a crime, even "more likely than not," but I guess he can try.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#23 JTHunter

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Posted 14 April 2019 - 09:35 PM

Yes: 

Our attorney, in this case, David Sigale, holds the record for the most gun rights court victories in the legal profession.

 

I think I might need to give this fellow a call sometime in the near future.  There's a public transportation concealed carry prohibition that I need to kick the legal teeth in at some point not too distant from now.

 

You are referring to the public transportation in Chicago, correct?  Because they aren't the only ones.  In St. Louis, the "Metro" goes from the St. Louis airport (AKA "Lambert Field") across state lines into Illinois.  IIRC, they actually go all the way to Scott AFB east of Belleville.  And therein lies the problem as they go through 3 major jurisdictions, St. Louis County, St. Louis City, and St. Clair County, IL.  NONE of the departments can talk to each other (although they are moving in that direction) and, they are having discussions on how to let the jurisdictions work across state lines.

It doesn't matter if it is the light rail system or the buses, NO weapons are "allowed".  And both buses and trains have to go through both East St. Louis, IL, and downtown St. Louis.  Need I say more??


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#24 Molly B.

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Posted 15 April 2019 - 10:17 AM

 

 

Would this ruling cover all of Southern Illinois housing ? 

 

Just this particular Housing because it was a reached agreement.  However, we would be glad to advance this effort to any housing authority in the state!

 

 

If you remember Per my PM to you sometime back , my lease says " shall not unlawfully " possess .  However there are still many who have the understanding and belief that a person can not have a firearm anywhere on housing property.  I was hoping I could show them this judgement for proof.

 

 

 

Definitely show them the ruling!  Keep me posted on their reaction.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams




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