REMINDER: Democratic Virginia Governor and Democratic Charlottesville Mayor told police to stand down. This is criminal. Their job is to protect and serve the public. They are in authority. They should have planned for crowd control in the public sphere. They wanted this riot. Basically, they "incited a riot by falsely yelling fire with the INTENT TO HARM." Figuratively speaking, they caused the stampede that resulted in Heather Heyer's death. They are responsible for her death NOT THE JUDGE who followed the letter of the law and approved the permit. Oh, and for those of you who don't know, this is the state Hillary Clinton's VP running mate, Tim Kaine is US Senator.
In my opinion, Heather Heyer's parents should sue the crap out of the them for their deliberate indifference.
In my opinion, Heather Heyer's parents should sue the crap out of the them for their deliberate indifference.
Deliberate indifference is defined as requiring (1) an "awareness of facts from which the inference could be drawn that a substantial risk of serious harm exists" and (2) the actual "drawing of the inference." Elliott v. Jones, 2009 U.S. Dist. LEXIS 91125 (N.D. Fla. Sept. 1, 2009) Deliberate indifference is the conscious or reckless disregard of the consequences of one's acts or omissions. It entails something more than negligence, but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.
Holy shit. U.S. law does not ban shouting fire in a theatre. It bans inciting a riot by falsely yelling fire with the intent to harm. https://t.co/SvDPZpIQHV— Heather (@hboulware) August 16, 2017
VA State Police Say Gov. Terry McAulliffe Lied About Them Finding Neo-Nazi Weapons Caches in #Charlottesville https://t.co/jaUz65SSHx— John Cardillo (@johncardillo) August 17, 2017
McAuliffe blaming @ACLUVA for the violence in Charlottesville -- while lavishing praise on police -- is pathetic https://t.co/dTedhq83ML— Michael Tracey (@mtracey) August 14, 2017
BREAKING: We respond to @GovernorVA 's allegations that the ACLU is responsible for violence in #Charlottesville : https://t.co/T3eeyupPmo pic.twitter.com/pAuSytT36z— ACLU of Virginia (@ACLUVA) August 14, 2017
ACLU of VA suggests violence was knowingly countenanced so McAuliffe and/or police would have a pretext to declare "unlawful assembly." pic.twitter.com/pCyfq6macf— Michael Tracey (@mtracey) August 14, 2017
August 14, 2017
On National Public Radio’s Morning Edition today, Virginia Gov. Terry McAuliffe blamed the ACLU for the violence that took place on Saturday in Charlottesville.
“The City of Charlottesville asked for that to be moved out of downtown Charlottesville to a park about a mile and a half away to a park with a lot of open fields. That was the place where it should have been,” McAuliffe said. “We were unfortunately sued by the ACLU. The judge ruled against us. That rally should not have been in the middle of downtown.”
The ACLU of Virginia’s Executive Director Claire G. Gastanaga had the following response:
“We are horrified by the violence that took place in Charlottesville on Saturday and the tragic loss of life that resulted from it. The ACLU of Virginia does not support violence. We do not support Nazis. We support the Constitution and laws of the United States. We would be eager to work with the governor and the attorney general on efforts to ensure that public officials understand their rights and obligations under the law.
“But let’s be clear: our lawsuit challenging the city to act constitutionally did not cause violence nor did it in any way address the question whether demonstrators could carry sticks or other weapons at the events.
“We asked the city to adhere to the U.S. Constitution and ensure people’s safety at the protest. It failed to do so. In our system, the city makes the rules and the courts enforce them. Our role is to ensure that the system works the same for everyone.
“In the weeks after the July 8 protests, the city (working with the governor and others) had ample opportunity to put together a case and present it in court on its own motion justifying the revocation of the permit and the imposition of a prior restraint on speech. If the judge in our case had been presented with any credible evidence or testimony by the city of an imminent threat of harm (other than a list of internet entries) or evidence that the change in permit would, in fact, result in no demonstration in downtown Charlottesville, I have confidence that he would have denied the injunction, and the city would have been faced with enforcing the change of venue and protecting demonstrators and counter-demonstrators in two locations.
“Instead, the city’s pleadings said that its decision to revoke the permit was based primarily on the unmanageable numbers of people who would show up. An affidavit from the police chief said that they expected twice as many counter-protesters (2,000) as protesters (1,000). Yet, the city did not revoke the permits for the counter-protesters, too. In light of those facts, the judge couldn’t get beyond the fact that the city hadn’t revoked all permits for demonstrations downtown on Saturday.
“It is the responsibility of law enforcement to ensure safety of both protesters and counter-protesters. The policing on Saturday was not effective in preventing violence. I was there and brought concerns directly to the secretary of public safety and the head of the Virginia State Police about the way that the barricades in the park limiting access by the arriving demonstrators and the lack of any physical separation of the protesters and counter-protesters on the street were contributing to the potential of violence. They did not respond. In fact, law enforcement was standing passively by, seeming to be waiting for violence to take place, so that they would have grounds to declare an emergency, declare an ‘unlawful assembly’ and clear the area.
“Rather than seeking to scapegoat the ACLU of Virginia and the Rutherford Institute for the devastating events on Saturday, it is my firm hope and desire that the governor and other state and local officials will learn from this past weekend how constitutionally to prevent events like the horror we saw in Charlottesville from ever happening again.”
Have to admire ACLU for standing up for the right of both sides to have a peaceful protest. Glad to see them being consistent for 1st Amend— Helga (@olganson) August 16, 2017
it was a set up !!— Allison Scott (@allisonmuzik) August 16, 2017
ACLU Needs to sue @CvilleCityHall for allowing the police to stand down and watch americans bash themselves with bats. No police in sight pic.twitter.com/9lIV7CEK8t— Leo Garcia (@realleogarc) August 16, 2017
There is no doubt in my mind Gov McAuliffe wanted violence. They (DemsLibs) knew what ammo they would have to bash POTUS.— Jim Crown (@JimCrown3) August 16, 2017
The Alt Right idiots, should've been given the park, then surrounded by police, then arrested if they violated it.— Jim Crown (@JimCrown3) August 16, 2017
That's just the thing they fear. Like the KKK in Skokie, when they are ignored, nothing happens. The Dems *want* something to happen.— Robert Greene (@GreeneRbt) August 16, 2017
Definitely true! They tried to cancel the permit initially, but courts overruled. So they waited for violence by ANTIFA. Arrest Mayor & Gov! pic.twitter.com/3M8kgvRCk2— Mensans for Trump (@Mensans4Trump) August 16, 2017
WHO allowed the attendance of ANTIFA & BLM? If one group needed a permit, why didn't the others?— Debbie Katsounakis (@born_summer62) August 16, 2017
Very possible that Mayor, Governor & others further up the DNC hierarchy were anticipating this. Had already missed their chance in Berkeley— Geo the Greek (@aigletes) August 16, 2017
Got to give ACLU props for telling the truth. They see where this ends up and don't like it either.— JesseHelmsLives (@JesseHelmsLives) August 16, 2017
I'm Speechless! #Antifa flags replaces the Hennepin county one at #Charlottesville solitary action pic.twitter.com/FEhi2CSGBC— Kevin W. (@kwilli1046) August 15, 2017
Disgraceful! We are experiencing the loss of a nation. It seems like little pockets here and there, but it's growing rapidly. Has to stop!— Steven A. Gauvry (@sgauvry) August 15, 2017
This is sad!! What's happening to America 🇺🇸🇺🇸— Lindy Pennington (@Penningto2Lindy) August 15, 2017
That's proof of collusion with the Mayor.— Gab.ai @brightfuture (@Root4Change) August 15, 2017
The mayor of the #capitalofresistance ? pic.twitter.com/rVccSnToZS— Depluribus Unum (@depluribusunum1) August 15, 2017
Arrest him.— Gab.ai @brightfuture (@Root4Change) August 15, 2017
— Patricia Loewen (@patricia_loewen) August 15, 2017
The Democratic Party supports this kind of violent hate speech brought to us by the far left.— Barbara Robinson (@Meemee555) August 15, 2017
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