I talked with the city Atty. today and he simply said no comment. I'd been called the association and get what, they said, no comment. Sure signs they know they're gonna get sued and sure signs that they consulted law firms. Is gonna take me another five days to put together the complaint and serve in on them but I can't wait to see their eyes when they see that they been sued for thousands and thousands of dollars in discrimination and now have to get their own attorneys. The church is named. They deserve it. I'll keep you updated.

What federal lawsuit? Can you give me a recap in a nutshell?

He's suing the church for putting flyers on people's doors in his building.
Lots of TBM's in his building, so the association told him to stuff it.
He's blowing lotsa bucks to make his neighbors hate him.
He's "Pulling a Cheryl".
He sounds like those idiots who tried to sue the church for revealing dirt about them to law enforcement in a child custody case.

Right, Heidi. Makes no sense, does it?

"Get Her Done", are you D. Luker?

Sounds like you're taking a brave bold step. Thanks for the update.

To clarify, there is a no solicitation signed at the entrance of our complex. The association the city Atty. And the mormon church all feel that it is OK for the mormon church to pass that signing and solicite period. They stop all lathered solicitation except the mormon church. I find that discrimination, and hope that the Federal Court in Utah will see the same legal reasoning. Your right, I had the time, the money, I don't believe the mormon church should be allowed to have missionaries pounding on doors and or Johova witness pounding on my door an a or leaving fliers. The Supreme Court has clearly indicated passing a no solicitation and knocking on doors or leaving campus is a misdemeanor class C. I may lose the fight, but never the battle. The church is not an exception to the law even though they are a majority in our community. They're going to find that out, I get her done.

But, I am curious. What will you allege as damages? You don't have any actual monetary damages and can't claim any compensatory damages, right? Just that Mormons are allowed access to your complex to proselytize/leave flyers while other groups/religious groups are barred?

I look forward to hearing about the progress of your case.

You're right. If there is a NO Solicitation it applies to the majority church in the city too.

Most people don't have the money and don't want to take the time to follow up on these intrusions into our daily lives. I applaud you! Yay!!

I live in a mostly morg HOA and, believe me, it's run just like a priesthood quorum (no board, no meetings, no minutes, no participation, no infusion of information, and bad decisions by two old priesthood dinosaurs and one follower). And they're the famous peaches-and-cream-in-public-and-rude-when-they're-alone variety of morgbot, to boot! Thanks, RfM, for cluing me in to this Utah cultural phenomenon! It was a surprise, although I had already picked up on the parental tone.

So, I'm back to going under the radar just as if I were a teenager of god, and not a an experienced adult able to direct my own life within the legal bounds. (I've lived in three other HOA's just fine.)

You shouldn't have got me started...

In the midst of a sidewalk chat one afternoon, I said some LDS phrase and he said, "Oh, I didn't realize you were a member; I can get your records to the ward," Alarmed, I asked him to please not do that, but of course he did. What did my wishes matter? Then I had to fend off HT's (turned 'em down) and evade missionaries that he was bringing over. I kid you not.

I haven't been bothered in a while, probably because I have a life-size cardboard Prez Obama in my visiting-teaching-room. It's better than garlic hanging on the door. ;)

Adult of god Wrote: [in part]
-------------------------------------------------------
>
> I haven't been bothered in a while, probably
> because I have a life-size cardboard Prez Obama in
> my visiting-teaching-room. It's better than
> garlic hanging on the door. ;)

LOL! I guess your HT's are tea baggers, too??

Does posting flyers constitute solcitation? Perhaps it does, but that is certainly not obvious to me.

What is your standing for filing a civil rights suit, which I assume is the basis for your Federal suit? If the condo HOA is discriminating against other churches by allowing Mormons to solicit, but not other churches, then it is one of the churches being discriminated against that would have to file the suit, not you.

What this really looks like to me is you are complaining that the HOA is not enforcing their own regulations. That would be a simple case of state contract law, where you are claiming the HOA is not living up to the terms of their contract with you, the homeowner.

All they would have to do in that case, is amend their policy to "no solicitation whithout board approval", and then approve LDS flyers, and that would be the end of your case.

That is essentially what happened in the Main Street Plaza suit against SLC. The plaintiffs alleged that SLC couldn't sell Main Street Plaza to LDS Inc, with the restriction that it must remain a part of the public sidewalk system, and then sell LDS Inc the right to ban people from the Plaza for public speaking.
Basically, if the city didn't have the right to ban sidewalk demonstrations, they can't sell that right to LDS Inc. It wasn't their right to sell.

Ted Stewart sided with LDS Inc (big surprise), but the Denver appeals court sided with the plaintiffs. So the city removed the restriction in the sale that the Plaza must remain part of the pedestrian grid of the city. It was simply private property after the sale. End of law suit.

I see the same thing happening to your suit. "You're not enforcing your own rules." "OK, we'll modify our rules." Game over.



Edited 1 time(s). Last edit at 09/24/2010 11:42AM by Brother Of Jerry.