There is a local case going on in my city (I live in CA) The city we live in is trying to take the home of one of our fellow neighbors. SO my neighborhood decided to have a get together about it and see how we could help. We had this get together at one of our fellow neighbors house. She put fliers on some doors. Well somehow the city lawyers got one of these fliers by "happendous" and subpoenaed the lady whose house we had this little get together at. The want all emails, telephone conversations, in person correspondence ANYTHING from this get together.The city named all of the neighbors by street address and wanted to know what was said. They also took her picture when they subpoened her. So does local city government have the right to know what we as citizens talk about in the privacy of our own homes? AMoung neighbors? Don't we have any civil rights? opinions please!! WHat should she say at the diposition? WE told her to plead her 5th amendment rights but I don't hink this pertain
2007-03-31 18:08:33 · 4 answers · asked by mariedraper 1 in Politics & Government ➔ Law & Ethics
This was tried by the government in Oakland, CA back in the early 1990's when a neighborhood banded togeather. The people sued and won in court.
2007-03-31 19:22:25 · answer #1 · answered by Yak Rider 7 · 0⤊ 0⤋
What the city is asking for is unreasonable, and any good attorney would have a field day at the constitutional violations that the city is committing. And then the section 1983 damages from violation of civil liberties protected under federal law.
Freedom of assembly, freedom of speech, right to petition, unreasonable search and seizure, and on and on.
She should get a lawyer, and have the lawyer move to quash the subpoena. Email me privately for further comments.
2007-03-31 18:14:01 · answer #2 · answered by coragryph 7 · 1⤊ 1⤋
I think that is totally illegal on the part of the city.
All the neighbors need to band together and hire an attorney.
If you cannot afford one then go to the Legal Aid Society in your town or better yet call the ACLU they love to fight stuff like this.
http://www.aclu.org/
You might also call Al Sharpton and Jesse Jackson - they seem to be the ones helping poor people who are oppressed by government.
You neighbors need to stand together and fight this thing. Publicity is your friend. Call all the TV stations and radio stations - call CNN, FOX and MSNBC - You can do this.
2007-03-31 18:21:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
When you discuss an ongoing case with a nonparty it becomes open to discovery. So yes, they are entitled to "some" info, but they ahev gone too far. Does your friends lawyer knoew about the "DEPosition"? He should be with you and should explain to you whats going on. If not he's/she breaching his/her duty. Call the lawyer and tell him so he can file a Motion to Quash
2007-03-31 18:50:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋