Easterday/GSL v Deerfield "assault' ban

[steveTA84]

^^^

 

 

So, it’s over and Deerfield lost completely?

[Molly B.]

No, this does not mean they are 100% forbidden from trying again, given the technically-still-pending nature of the other case, and the Appellate Court may still wind up hearing this issue. But for now the attempts at appeal have been quashed.

[InterestedBystander]

The web site indicates a future Oct date

 

FUTURE COURT EVENTS

Event Date Event Time Courtroom Event Type

2019-10-04 09:00:00 C204 STATUS

[Molly B.]

That must be for the other case that gsl is a plaintiff.

[InterestedBystander]

That most be for the other case that gsl is a plaintiff.

Thanks. Yes, you are correct. That future event is for the GSL case 18CH00000498. The ISRA/SAF case 18CH00000427 has nothing future scheduled.

[gunuser17]

Neither lawsuit has had an explicit final judgment entered by the trial court nor is it clear to the appellate court whether the two cases were formally consolidated. Therefore, the appellate court found that it had no jurisdiction over the appeal. Both cases now go back to the trial court, either for further trial or entry of a final judgment depending on how the plaintiffs elect to proceed. One or both cases would then be ripe to go back up on appeal. This appellate court has not ruled in any manner on whether the permanent injunction was properly entered except if the cases were not consolidated. If the trial court enters a final judgment that shows that the cases were not consolidated then the Easterday case may be finished and no other appeal may be heard - note the court's parenthetical: "(If the two actions did not merge, Deerfield’s failure to establish that fact in the present appeal is fatal to any appeal in the Easterday action.)" I suspect the trial court will find consolidation and preserve both cases for potential appeal given that they will tend to give the government entity the benefit of the doubt.

[es503IL]

 

Deerfield decides to appeal the ruling. Wasting more of our tax payer $$.

 

https://patch.com/illinois/deerfield/village-appeals-judges-ruling-striking-down-assault-weapons-ban?utm_source=facebook.com&utm_medium=social&utm_term=politics+%26+government&utm_campaign=autopost&utm_content=deerfield

 

The Village of Deerfield’s appeal has been dismissed for lack of jurisdiction, which was Mr. Sigale's argument.

 

 

Easterday Opinion of 061219.pdf

 

 

Looks like he remembered to file his paperwork on time in this case and not wait until literally the last minute.....

[Molly B.]

 

 

Looks like he remembered to file his paperwork on time in this case and not wait until literally the last minute.....

 

 

I haven't worked with an attorney yet who does not use the filing at the last minute strategy. It has always stressed the daylights out of me for just this reason - and because I don't trust the illinois.gov websites. It's not a matter of remembering. Even some of our NRA attorneys use this strategy with a 4:30 p.m. email "please look this over, it's due by 5:00 p.m. today.

[Flynn]

I haven't worked with an attorney yet who does not use the filing at the last minute strategy.

 

Everyone I have come across does the same, the wife also used to be a legal sectretary for an attorney (before the internet took off) and he would pile up all his documents for the end of day then blast off faxes right before he left the office, then he would unplug his fax machine so no one could fax documents to him overnight. Seems to be the modus operandi, probably because it occationally beneftis them especially with demand letters with set time periods.

[mauserme]

http://209.160.25.136/images/banner.jpg

SAF, ISRA WIN AS ILLINOIS APPEALS COURT DISMISSES DEERFIELD APPEAL

BELLEVUE, WA – The Second Amendment Foundation has posted yet another victory in Illinois, as the Second District Appellate Court has dismissed an attempt by the Village of Deerfield to challenge a permanent injunction against the community’s ban on so-called “assault weapons” and “large-capacity magazines.”

SAF was joined in the case by the Illinois State Rifle Association—it’s partner in the landmark 2010 U.S. Supreme Court victory in McDonald v. City of Chicago—on behalf of Deerfield resident Daniel Easterday. Deerfield’s appeal was dismissed for lack of jurisdiction, the court ruled.

The plaintiffs were represented by Glen Ellyn attorney David Sigale.

“This effectively shuts down any further effort by the Deerfield administration to encumber law-abiding citizens in the community who own the kinds of legal firearms city officials want to ban,” said SAF founder and Executive Vice President Alan M. Gottlieb. “We were delighted to once again be working with our good friends at the Illinois State Rifle Association. Together with David Sigale, we make a pretty good team.

“But this was always about much more than teamwork,” he continued. “We’re talking about the right of honest citizens to live without fear of suddenly being turned into criminals by an overzealous government that arbitrarily decides to prohibit possession of a perfectly legal firearm, purchased in accordance with applicable state and federal laws, because of political correctness.”

“Many thanks to Alan M Gottlieb, the Second Amendment Foundation, Illinois State Rifle Association, David Sigale, and all of the people that have supported me,” Easterday said in reaction to the court ruling.

The case had been consolidated with a separate challenge to the Deerfield ban.

“Constitutionally-protected rights cannot be subjected to the extremism of social justice crusades,” Gottlieb said. “It should take more than the mere stroke of a pen to criminalize something so much a part of the American fabric as the legal ownership and possession of firearms that are in common use.

“This is just one more chapter in SAF’s effort to win back firearms freedom, one lawsuit at a time,” he concluded.

 

[gunuser17]

The press release to me overstates what the appellate court said. The cases for now are still alive and are back in the trial court. It is nice that the injunctions hold for now but they can still be overturned. I am not sure how anyone would read the decision to definitely be able to say that the decision "effectively shuts down any further effort by the Deerfield administration..." Maybe I am missing something but I would like to hear Mr. Sigale explain how that statement is true.

[InterestedBystander]

Court Rejects Deerfield's Assault Weapon Ban Appeal

 

..."The village's appeal was too early, too late and initially in the wrong court, but it will get another chance to try to enforce its gun ban."...

 

https://patch.com/illinois/deerfield/court-rejects-deerfields-assault-weapon-ban-appeal

[NakPPI]

The Wombacher case needs to be voluntarily non-suited so that the Easterday opinion is the law. They need to suck it up and realize that for the benefit of everyone the Easterday case needs to stand as the final order.

[Hap]

The Wombacher case needs to be voluntarily non-suited so that the Easterday opinion is the law. They need to suck it up and realize that for the benefit of everyone the Easterday case needs to stand as the final order.

2A advocates would be well served by careful study of the discipline shown by black civil rights leaders in the 20th century as they fought their way through the courts. In particular, a solid biography of Thurgood Marshall - covering his years leading the legal struggle, before he became a judge - should be required reading for all of us.

[McCroskey]

How much more of Deerfield's taxpayer's money will Mayor Harriet squander before people start getting upset?

[InterestedBystander]

How much more of Deerfield's taxpayer's money will Mayor Harriet squander before people start getting upset?

I thought a lot, if not most, of the legal prior work was reported as being pro bono. I would assume that has not changed.

[C0untZer0]

Deerfield Gets Pro Bono Legal Defense In Assault Weapon Ban Suits

https://patch.com/illinois/deerfield/deerfield-gets-pro-bono-legal-defense-assault-weapon-ban-suits

The Brady Center to Prevent Gun Violence and Seattle-based Perkins Coie have been appointed as pro bono special counsel to represent Deerfield in two lawsuits filed in state court since the passage of an amendment last month to a local ordinance prohibiting the possession, sale and manufacture of certain semi-automatic weapons.

 

 

[kevinmcc]

 

How much more of Deerfield's taxpayer's money will Mayor Harriet squander before people start getting upset?

I thought a lot, if not most, of the legal prior work was reported as being pro bono. I would assume that has not changed.

 

Lawyers are doing pro bono for Deerfield, but I would assume the plaintiffs will ask to recover legal costs.

[Skolnick]

Lawyers are doing pro bono for Deerfield, but I would assume the plaintiffs will ask to recover legal costs.

 

If they frame it as a civil rights issue, then the government pays if the government loses.

It's called the 1976 Civil Rights Attorney's Fees Awards Act (yes friends, attorneys need Acts of Congress to help them do what they must do).

This Act of Congress was supposed to help plaintiffs in civil rights cases, but advocacy groups, such as the ACLU, use it as part of their business model. Now, the NRA has gotten into the -- ahem -- act.

For its work in McDonald v. City of Chicago, the NRA got $663,294.10 from the Village of Oak Park and another $663,294.10 from the City of Chicago.

Want to see something wonderful?!

Go to: http://michellawyers.com/wp-content/uploads/2012/11/City-of-Chicago-check.pdf

And gaze at that signature of Rahm Emanuel on that check made out to the National Rifle Association.

[ciwarrior1]

I was at the Deerfield community center when the Deerfield board took the vote to eliminate guns. The vote was unanimous. What was interesting is that the board listened to a couple of high school students that wanted to have Deerfield eliminate firearms because of the tragedy at the Parkland high school shooting. I didn't say anything, I just listened. I would have caused an uproar if I did say anything. The reason that I would have caused an uproar is because I would have told them what really happened at the Parkland High school shooting. I would have told them that the Parkland High school shooting was a hoax, an active shooting drill, a staged event where nobody died and nobody was injured. Our government officials (Homeland Security, FEMA, and so forth) are staging active shooting drills around the country. police departments are going into elementary schools with their weapons. They have been known to point those weapons at grade school children from 6 years to 12 years old. Sometimes they will have one of them pose as a shooter. The Deerfield community board voted on emotion, not realizing that they were being deceived. There is an agenda to take guns a way from the American people in order to establish people control. The most dangerous countries concerning firearms are gun free countries. You can now add Australia, Britain, and New Zealand. Another thing that is interesting is that literally all of the prime ministers of most countries are actually male to female transgenders. The prime minister of New Zealand is, also the Netherlands, and so forth. We are in the New world order where our rights are being stripped a way daily. The most dangerous countries are Columbia, Puerto Rico, Honduras, Venezuela, Mexico, Brazil, Columbia, Uruguay, Chile, Paraguay, Peru, Ecuador, and so forth. All are gun free zones. The Parkland school shooting was an active shooting drill. I know active shooting drills, when I was in the National Guard I use to participate in active shooting drills all the time. I did so in California, Wisconsin, Arkansas, Indiana, Illinois, Ohio, Iceland, Germany, Saudi Arabia, Spain, Texas, and so forth.

[Quiet Observer]

There have never been any shootings of any kind. It is all a hoax by

a super secret, double naught world government organization, the press, and the Supreme Leader of Plant zxykwoobut.

[domin8]

For these mass shootings to be a hoax there's a lot of caskets being placed in the ground. Next you're going to tell me it's a conspiracy by casket manufacturers and cemetary owners to drive up profits through supply and demand. Get real! Saying this type of garbage is extremely offensive and detrimental to our cause. I'm sure I'm not alone when I say that I'm glad you didn't get up in Deerfield and open your mouth. You would've caused nothing but harm.

 

Sent from my SM-N960U using Tapatalk

 

 

[Lou]

Off topic posts have been removed.

[Euler]

The previous topic has been archived (yet still stickied), but the case remains active.

 

Short recap:

The Lake County Circuit Court overturned Deerfield's AWB.

Deerfield appealed to the IL Appellate Court.

The IL Appellate Court dismissed the appeal.

 

And now:

Deerfield appealed the IL Appellate Court's dismissal to the IL Supreme Court. The Supreme Court has scheduled oral arguments for 22 September 2021.

[Molly B.]

topics merged - new topic pinned.

[Euler]

On 8/26/2021 at 12:28 PM, Euler said:

...

And now:

Deerfield appealed the IL Appellate Court's dismissal to the IL Supreme Court. The Supreme Court has scheduled oral arguments for 22 September 2021.

 

The docket has been updated with an argument date of 14 September 2021.

[Euler]

On 8/26/2021 at 12:28 PM, Euler said:

... The Supreme Court has scheduled oral arguments for 22 September 2021.

 

On 9/1/2021 at 7:58 PM, Euler said:

The docket has been updated with an argument date of 14 September 2021.

 

Arg, I was right the first time. It's the 22nd. I read the docket wrong the second time.

[Euler]

On 9/22/2021 at 7:27 PM, skeetbreak said:

Oral arguments for the Deerfield case https://www.illinoiscourts.gov/courts/supreme-court/oral-argument-audio-and-video/#videoModal

 

[Texasgrillchef]

Now let’s we how long it takes the Supreme Court to issue a decision.

[Euler]

Opinion

IL Supreme Court said:

In this case, one Justice of this court has recused himself, and the remaining members of the court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision .... Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but is of no precedential value.

...

 

As a reminder ...

 

On 8/26/2021 at 12:28 PM, Euler said:

...

The Lake County Circuit Court overturned Deerfield's AWB.

Deerfield appealed to the IL Appellate Court.

The IL Appellate Court dismissed the appeal.

 

And now:

Deerfield appealed the IL Appellate Court's dismissal to the IL Supreme Court. The Supreme Court has scheduled oral arguments for 22 September 2021.

 

... so Deerfield's AWB remains overturned.

 

Last year Deerfield said that it would continue to "enforce" the ban, even though it had been overturned by the Appellate Court, but that enforcement would be limited to citation issuance, not seizure. I guess that makes it an issue of whether someone who gets a citation decides to pay the citation or to pay a lawyer to fight it, ticket by ticket.