5 Theme Park Rides That Pushed the Limits of Common Sense
When I watched the Kingda Ka coaster vid I subconciously pressed my head back in to the sofa cushion in preparation for the launch.
Thanks Darrell!!!!
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Thrill rides are designed to trick our bodies and brains into thinking we are in mortal danger. And usually it is just that—a trick that causes an exhilarating surge in our adrenaline levels. But in the quest for bigger and better thrills, some rides attempt to betray the laws of physics. And while these rides are usually well-designed, safe attractions—just so big and awe-inspiring that they are frightening—some of them are simply dangerous. Here are five of the biggest, baddest and scariest rides of all time.
Link
Thanks Darrell!!!!
------
Thrill rides are designed to trick our bodies and brains into thinking we are in mortal danger. And usually it is just that—a trick that causes an exhilarating surge in our adrenaline levels. But in the quest for bigger and better thrills, some rides attempt to betray the laws of physics. And while these rides are usually well-designed, safe attractions—just so big and awe-inspiring that they are frightening—some of them are simply dangerous. Here are five of the biggest, baddest and scariest rides of all time.
Link
Longrooffan has a new blog for me to steal good stuff from!!!
Hmmm...
I love these. The numbers are always suspect but the point is still the same. Guns WILL be in the hands of criminals no matter what we do but there is no sane reason to disarm the law abiding Americans who wish to bear arms.
+++++++++++++++++++++++++++++++++++++++
A LITTLE GUN HISTORY
In 1929, the Soviet Union established gun control... From 1929 to 1953, about 20 million dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
In 1911, Turkey established gun control. From 1915 to 1917, 1.5 million Armenians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Germany established gun control in 1938 and from 1939 to 1945, a total of 13 million Jews and others who were unable to defend themselves were rounded up and exterminated.
------------------------------
China established gun control in 1935. From 1948 to 1952, 20 million political dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
Guatemala established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Uganda established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Cambodia established gun control in 1956. From 1975 to 1977, one million educated people, unable to defend themselves, were rounded up and exterminated.
-----------------------------
Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million.
------------------------------
It has now been 12 months since gun owners in Australia were forced by new law to surrender 640,381 personal firearms to be destroyed by their own Government, a program costing Australia taxpayers more than $500 million dollars. The first year results are now in:
List of 7 items:
Australia-wide, homicides are up 3.2%.
Australia-wide, assaults are up 8.6%.
Australia-wide, armed robberies are up 44% (yes, 44 percent)! In the state of Victoria alone, homicides with firearms are now up 300%. Note that while the law-abiding citizens turned them in, the criminals did not, and criminals still possess their guns!
While figures over the previous 25 years showed a steady decrease in armed robbery with firearms, this has changed drastically upward in the past 12 months, since criminals now are guaranteed that their prey is unarmed.
There has also been a dramatic increase in break-ins and assaults of the ELDERLY.
Australian politicians are at a loss to explain how public safety has decreased, after such monumental effort, and expense was expended in successfully ridding Australian society of guns. The Australian experience and the other historical facts above prove it.
You won't see this data on the US evening news, or hear politicians disseminating this information.
Guns in the hands of honest citizens save lives and property and, yes, gun-control laws adversely affect only the law-abiding citizens.
Take note my fellow Americans, before it's too late! The next time someone talks in favor of gun control, please remind them of this history lesson.
With guns, we are 'citizens.'
Without them, we are 'subjects'.
During WWII the Japanese decided not to invade America because they knew most Americans were ARMED!
The purpose of fighting is to win. There is no possible victory in defense. The sword is more important than the shield, and skill is more important than either. The final weapon is the brain. All else is supplemental.
SWITZERLAND ISSUES EVERY HOUSEHOLD A GUN!
SWITZERLAND'S GOVERNMENT TRAINS EVERY ADULT THEY ISSUE A RIFLE.
SWITZERLAND HAS THE LOWEST GUN RELATED CRIME RATE OF ANY CIVILIZED COUNTRY IN THE WORLD!!!
Thanks Longrooffan!!!
+++++++++++++++++++++++++++++++++++++++
A LITTLE GUN HISTORY
In 1929, the Soviet Union established gun control... From 1929 to 1953, about 20 million dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
In 1911, Turkey established gun control. From 1915 to 1917, 1.5 million Armenians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Germany established gun control in 1938 and from 1939 to 1945, a total of 13 million Jews and others who were unable to defend themselves were rounded up and exterminated.
------------------------------
China established gun control in 1935. From 1948 to 1952, 20 million political dissidents, unable to defend themselves, were rounded up and exterminated.
------------------------------
Guatemala established gun control in 1964. From 1964 to 1981, 100,000 Mayan Indians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Uganda established gun control in 1970. From 1971 to 1979, 300,000 Christians, unable to defend themselves, were rounded up and exterminated.
------------------------------
Cambodia established gun control in 1956. From 1975 to 1977, one million educated people, unable to defend themselves, were rounded up and exterminated.
-----------------------------
Defenseless people rounded up and exterminated in the 20th Century because of gun control: 56 million.
------------------------------
It has now been 12 months since gun owners in Australia were forced by new law to surrender 640,381 personal firearms to be destroyed by their own Government, a program costing Australia taxpayers more than $500 million dollars. The first year results are now in:
List of 7 items:
Australia-wide, homicides are up 3.2%.
Australia-wide, assaults are up 8.6%.
Australia-wide, armed robberies are up 44% (yes, 44 percent)! In the state of Victoria alone, homicides with firearms are now up 300%. Note that while the law-abiding citizens turned them in, the criminals did not, and criminals still possess their guns!
While figures over the previous 25 years showed a steady decrease in armed robbery with firearms, this has changed drastically upward in the past 12 months, since criminals now are guaranteed that their prey is unarmed.
There has also been a dramatic increase in break-ins and assaults of the ELDERLY.
Australian politicians are at a loss to explain how public safety has decreased, after such monumental effort, and expense was expended in successfully ridding Australian society of guns. The Australian experience and the other historical facts above prove it.
You won't see this data on the US evening news, or hear politicians disseminating this information.
Guns in the hands of honest citizens save lives and property and, yes, gun-control laws adversely affect only the law-abiding citizens.
Take note my fellow Americans, before it's too late! The next time someone talks in favor of gun control, please remind them of this history lesson.
With guns, we are 'citizens.'
Without them, we are 'subjects'.
During WWII the Japanese decided not to invade America because they knew most Americans were ARMED!
The purpose of fighting is to win. There is no possible victory in defense. The sword is more important than the shield, and skill is more important than either. The final weapon is the brain. All else is supplemental.
SWITZERLAND ISSUES EVERY HOUSEHOLD A GUN!
SWITZERLAND'S GOVERNMENT TRAINS EVERY ADULT THEY ISSUE A RIFLE.
SWITZERLAND HAS THE LOWEST GUN RELATED CRIME RATE OF ANY CIVILIZED COUNTRY IN THE WORLD!!!
Thanks Longrooffan!!!
Cash for Clunkers - The POSITIVE results:
It has taken thousands of Obama stickers off the road!!!!
From The Longrooffan!!!
More great stuff HERE!!
From The Longrooffan!!!
More great stuff HERE!!
Hmmm...
One of our London underwriters came into town a couple of weeks ago and my brother and I took him out for a night of Seattle drinking. *Note to self... next time drink much, MUCH slower* I'll refer to him as "Bloke" from here on out.
After a few beers Bloke said: "Alright boys, I've just come from New York where everyone I talked to told me how evil Obama is and how he's trying to set up Death Panels in America. What's your take?"
Here was my summarized response.
"Lets leave the whole Democrat/Republican thing off the table and let me ask you a question. Bloke, if you managed to cut the back of your hand and need 4-5 stitches, would you go to the hospital?"
"Of course I would!"
"How much would it cost to get your hand stitched up, Bloke?"
"Nothing."
"Well, here (if you can't afford insurance) it would cost between $1,000 and $1,500."
"What the fuck? Are you serious?"
"Yep. Now I HAVE insurance which costs my company $270 a month for just me. If I went to get my hand stitched up, it would only cost me about $500-$600."
Needless to say, Bloke was a bit flabbergasted as he's used to paying fuck all for the same procedure. I then gave him some more numbers.
I told him that, without insurance, a MRI would cost him about $2,500.
A trip to the ER to find out if your wife has pneumonia would be about $700 and about a 6 hour ordeal.
A childbirth? That's about 10 grand.
Are you real sick and need an ambulance? Woah now, how sick are you? Because that ambulance ride is gonna cost between $500 and $1,000.
If they try to give you an asprin? Tell them to go fuck themselves as they will charge you between $20 and $40 for that single pill.
What if you're in some remote area and get hurt? Should you let them rescue you in a helicopter? Why not, it's only about $30,000. You might try to hike down the mountain with the broken leg before you pick up that phone.
Oh, unless you have money. If you make $250,000+ a year, then it probably won't matter to you as much. Or if you're poor. If you don't have any money then go ahead and pick up the phone, you won't be paying for shit anyway. If you're middle class though or are slightly above the poverty line? Welcome to Fucksville.
Don't be depressed though, Bloke. There's a good chance that you'll get a job for a company that offers cheap medical coverage, cheap being about $100-$200 a month. Although, there's also a good chance that you work for a very small company or are self-employed. In that case, than I suggest you get a second job at Starbucks. You have to hit 20 hours a week to be eligible for their benefit plan. 3 shots, extra caramel in mine please.
You can buy health insurance on your own of course. I'm 27 years old and in good health, no smoking, etc. Three years ago I was paying about $150 a month for my insurance, oh plus another $150 for my wife. Today? I'm paying $270 a month for the same fucking insurance plan. My wife, that's another $270.
My friend is 28, married with 2 children. I think their 3rd child will be free but they pay $270 for the first and second. That's $1080 a month. Their mortgage is about $1,300 a month.
Oh, and they still gotta pay the first $500 per person for anything not "preventive". That means that they will basically be paying another $500 per person by the end of the year, at least.
Total medical costs for the family for the year? About $15,000. If nothing really major comes up, like a broken leg or cancer. Oh, plus whatever their prescriptions cost.
I told him to make of that what he will.
Bloke thought that the whole situation seemed a "little" messed up and mentioned that his socialized health care didn't seem so bad. I wholeheartedly agreed. We went back to drinking.
So what's the problem with health care in this country?
I think the answer is pretty simple. It's too damned expensive! $1,500 to have some fool in tiger-striped scrubs clean out a cut and put in 5 stitches. It doesn't matter who picks up the tab, whether its you or all of your countrymen put together. It's too much fucking money!
Why is it too expensive? Is the medical system corrupt or just fucked up? I don't know the answer to that but here's a little story for you:
A guy gets hurt on a fishing boat. Claims he hurt his back while pulling up some line. No worries, P&I coverage will take care of that. The hospitals in Alaska say that it's better to go to San Fransisco to get this operation done. Off to San Fransisco! Blah blah blah, his back eventually gets fixed.
The bill arrives at my office. It's slightly over $700,000. Oh. That's kind of a lot of money. Especially since my client's coverage limits were $500,000. So now he's probably gonna lose his boat, and maybe his house.
We can't have that happening! Lets turn the bill over to our adjuster who, in turn, hands it over to a medical bill review company. They examine the bill, call the hospital and start negotiating. A couple of days later we get the revised bill in the mail. New total? About $200,000.
...
Anyone manage to catch the potential issue that I have with our current medical system?
Where the fuck did that $500,000 go? And why the fuck was the hospital charging it in the first place? I don't know. I'm not a medical bill review company. What I DO KNOW, is if that had been you or me who called protesting OUR $700,000 bill? The hospital would have kindly offered a payment plan and said, "We know it's hard; we're sorry."
Well, there's the problem. How do you fix it? Hell if I know. I'll let the smart people figure that one out.
Can't have the government step in though. That's Socialist! That's Communist! The Reds are gonna eat out children and then sit on Death Panels!!!"
***NEWSFLASH***
We're basically Socialist as is.
My buddy cut the back of his hand a few weeks ago. 5 Stitches. $1,500. He didn't pay shit. Know why? Because he's poor, so the government paid for it.
I knew a girl who managed to get knocked up by a felon. What did it cost to bring her little felon into the world? Nothing. Because she's poor, so the government paid for it.
Why don't we at least make it official so we can tax their asses for it?
That's it, I'm done for the day. I need caffeine.
Oh, by the way. If you wanna bitch at me about the numbers I'm throwing out, go ahead. I see more medical bills pass through my office each month than most people see in a lifetime. I assign adjusters,on a weekly basis, to handle the weirdest shit you've ever seen. My office SELLS medical insurance to individuals and to groups, such as the friggin police departments and fire fighters. So go swivel.
Magic Apathy Ball
After a few beers Bloke said: "Alright boys, I've just come from New York where everyone I talked to told me how evil Obama is and how he's trying to set up Death Panels in America. What's your take?"
Here was my summarized response.
"Lets leave the whole Democrat/Republican thing off the table and let me ask you a question. Bloke, if you managed to cut the back of your hand and need 4-5 stitches, would you go to the hospital?"
"Of course I would!"
"How much would it cost to get your hand stitched up, Bloke?"
"Nothing."
"Well, here (if you can't afford insurance) it would cost between $1,000 and $1,500."
"What the fuck? Are you serious?"
"Yep. Now I HAVE insurance which costs my company $270 a month for just me. If I went to get my hand stitched up, it would only cost me about $500-$600."
Needless to say, Bloke was a bit flabbergasted as he's used to paying fuck all for the same procedure. I then gave him some more numbers.
I told him that, without insurance, a MRI would cost him about $2,500.
A trip to the ER to find out if your wife has pneumonia would be about $700 and about a 6 hour ordeal.
A childbirth? That's about 10 grand.
Are you real sick and need an ambulance? Woah now, how sick are you? Because that ambulance ride is gonna cost between $500 and $1,000.
If they try to give you an asprin? Tell them to go fuck themselves as they will charge you between $20 and $40 for that single pill.
What if you're in some remote area and get hurt? Should you let them rescue you in a helicopter? Why not, it's only about $30,000. You might try to hike down the mountain with the broken leg before you pick up that phone.
Oh, unless you have money. If you make $250,000+ a year, then it probably won't matter to you as much. Or if you're poor. If you don't have any money then go ahead and pick up the phone, you won't be paying for shit anyway. If you're middle class though or are slightly above the poverty line? Welcome to Fucksville.
Don't be depressed though, Bloke. There's a good chance that you'll get a job for a company that offers cheap medical coverage, cheap being about $100-$200 a month. Although, there's also a good chance that you work for a very small company or are self-employed. In that case, than I suggest you get a second job at Starbucks. You have to hit 20 hours a week to be eligible for their benefit plan. 3 shots, extra caramel in mine please.
You can buy health insurance on your own of course. I'm 27 years old and in good health, no smoking, etc. Three years ago I was paying about $150 a month for my insurance, oh plus another $150 for my wife. Today? I'm paying $270 a month for the same fucking insurance plan. My wife, that's another $270.
My friend is 28, married with 2 children. I think their 3rd child will be free but they pay $270 for the first and second. That's $1080 a month. Their mortgage is about $1,300 a month.
Oh, and they still gotta pay the first $500 per person for anything not "preventive". That means that they will basically be paying another $500 per person by the end of the year, at least.
Total medical costs for the family for the year? About $15,000. If nothing really major comes up, like a broken leg or cancer. Oh, plus whatever their prescriptions cost.
I told him to make of that what he will.
Bloke thought that the whole situation seemed a "little" messed up and mentioned that his socialized health care didn't seem so bad. I wholeheartedly agreed. We went back to drinking.
So what's the problem with health care in this country?
I think the answer is pretty simple. It's too damned expensive! $1,500 to have some fool in tiger-striped scrubs clean out a cut and put in 5 stitches. It doesn't matter who picks up the tab, whether its you or all of your countrymen put together. It's too much fucking money!
Why is it too expensive? Is the medical system corrupt or just fucked up? I don't know the answer to that but here's a little story for you:
A guy gets hurt on a fishing boat. Claims he hurt his back while pulling up some line. No worries, P&I coverage will take care of that. The hospitals in Alaska say that it's better to go to San Fransisco to get this operation done. Off to San Fransisco! Blah blah blah, his back eventually gets fixed.
The bill arrives at my office. It's slightly over $700,000. Oh. That's kind of a lot of money. Especially since my client's coverage limits were $500,000. So now he's probably gonna lose his boat, and maybe his house.
We can't have that happening! Lets turn the bill over to our adjuster who, in turn, hands it over to a medical bill review company. They examine the bill, call the hospital and start negotiating. A couple of days later we get the revised bill in the mail. New total? About $200,000.
...
Anyone manage to catch the potential issue that I have with our current medical system?
Where the fuck did that $500,000 go? And why the fuck was the hospital charging it in the first place? I don't know. I'm not a medical bill review company. What I DO KNOW, is if that had been you or me who called protesting OUR $700,000 bill? The hospital would have kindly offered a payment plan and said, "We know it's hard; we're sorry."
Well, there's the problem. How do you fix it? Hell if I know. I'll let the smart people figure that one out.
Can't have the government step in though. That's Socialist! That's Communist! The Reds are gonna eat out children and then sit on Death Panels!!!"
***NEWSFLASH***
We're basically Socialist as is.
My buddy cut the back of his hand a few weeks ago. 5 Stitches. $1,500. He didn't pay shit. Know why? Because he's poor, so the government paid for it.
I knew a girl who managed to get knocked up by a felon. What did it cost to bring her little felon into the world? Nothing. Because she's poor, so the government paid for it.
Why don't we at least make it official so we can tax their asses for it?
That's it, I'm done for the day. I need caffeine.
Oh, by the way. If you wanna bitch at me about the numbers I'm throwing out, go ahead. I see more medical bills pass through my office each month than most people see in a lifetime. I assign adjusters,on a weekly basis, to handle the weirdest shit you've ever seen. My office SELLS medical insurance to individuals and to groups, such as the friggin police departments and fire fighters. So go swivel.
Magic Apathy Ball
Behind the scenes at Antiques Roadshow
Ever wonder how Antiques Roadshow really works? How they pick who gets on TV? Whether the people on the show have fun? Whether the appraisers really know what they’re talking about?
Link to the article
Link to the article
"Redneck Vasectomy"
After having their 11th child, an Arkansas couple decided that was enough, as they couldn't afford a larger bed. So her husband went to his veterinarian and told him that his cousin didn't want to have anymore children. His doctor told him there was a procedure called a vasectomy that could fix the problem but it was expensive. A less costly alternative, said the doctor, was to go home, get a cherry bomb, light it and put it in a beer can, then hold it can up to his ear and count to 10.
The Arkansas man said to the doctor "I may not be the sharpest knife in the drawer, but I don't see how putting a cherry bomb in a beer can next to my ear and counting to 10 is gonna help me." "Trust me" said the doctor. So the man went home, lit a cherry bomb and put it in a beer can. He held it up to his ear and began to count:
"1"
"2"
"3"
"4"
"5"
At which point he paused, placed the can between his legs and resumed counting on the other hand.
The Arkansas man said to the doctor "I may not be the sharpest knife in the drawer, but I don't see how putting a cherry bomb in a beer can next to my ear and counting to 10 is gonna help me." "Trust me" said the doctor. So the man went home, lit a cherry bomb and put it in a beer can. He held it up to his ear and began to count:
"1"
"2"
"3"
"4"
"5"
At which point he paused, placed the can between his legs and resumed counting on the other hand.
Windows 7 - CHEAP ! ! ! !
If you have a .edu or know someone with a .edu email address you can get a $300.00 license for windows 7 for 29.99!!!
http://www.win741.com/
http://www.win741.com/
Sad...
Patrick Swayze has died after a nearly two-year battle with pancreatic cancer.
Swayze's publicist Annett Wolf says the 57-year-old "Dirty Dancing" actor died Monday with family at his side. He came forward about his illness last spring, but continued working as he underwent treatments.
In 1987 Swayze became a star with his performance in "Dirty Dancing," a coming-of-age story set in a Catskills resort. The 1990 film "Ghost" cemented his status as a screen favorite.
He kept on working even after it was disclosed in March 2008 that he had a particularly deadly form of cancer. He starred in "The Beast," an A&E drama series, and said he and his wife were working on a memoir.
Swayze's publicist Annett Wolf says the 57-year-old "Dirty Dancing" actor died Monday with family at his side. He came forward about his illness last spring, but continued working as he underwent treatments.
In 1987 Swayze became a star with his performance in "Dirty Dancing," a coming-of-age story set in a Catskills resort. The 1990 film "Ghost" cemented his status as a screen favorite.
He kept on working even after it was disclosed in March 2008 that he had a particularly deadly form of cancer. He starred in "The Beast," an A&E drama series, and said he and his wife were working on a memoir.
Hoist one...
Phil Collins yesterday revealed he will never play the drums again because of a spine injury.The star says he can no longer even hold his drum sticks because sitting at a kit is too painful.Phil, 58, said: "I've got a condition that means I can't play any more. After playing drums for 50 years, I've had to stop."Obviously I'm very sad about it. My vertebrae has been crushing my spinal cord because of the position I drum in."It comes from years of playing. I can't even hold the sticks properly without it being painful."I even used to tape the sticks to my hands to get through. But don't worry, I can still sing."
Interesting
On September 8, 2009, United States District Judge Bruce D. Black of the United States District Court for New Mexico entered summary judgment in a civil case for damages against Alamogordo, NM police officers. The Judge's straight shootin' message to police: Leave open carriers alone unless you have "reason to believe that a crime [is] afoot."
The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states.
In response to a call from theater manager Robert Zigmond, the police entered the movie theater, physically seized Mr. St. John from his seat, took him outside, disarmed him, searched him, obtained personally identifiable information from his wallet, and only allowed him to re-enter the theater after St. John agreed to secure his gun in his vehicle. Mr. St. John was never suspected of any crime nor issued a summons for violating any law.
Importantly, no theater employee ever ordered Mr. St. John to leave. The police apparently simply decided to act as agents of the movie theater to enforce a private rule of conduct and not to enforce any rule of law.
On these facts, Judge Black concluded as a matter of law that the police violated Matthew St. John's constitutional rights under the Fourth Amendment because they seized and disarmed him even though there was not "any reason to believe that a crime was afoot." Judge Black's opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).
Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NM was pleased with the ruling and look forward to the next phase of the litigation which is a jury trial to establish the amount of damages, and possibly punitive damages. Garcia said that
"[i]t was great to see the Court carefully consider the issues presented by both sides and conclude that the U.S. Constitution prohibits the government from detaining and searching individuals solely for exercising their rights to possess a firearm as guaranteed by our state and federal constitutions."
Notably, Judge Black denied the police officers' requested "qualified immunity," a judicially created doctrine allowing government officials acting in good faith to avoid liability for violating the law where the law was not "clearly established." In this case, Judge Black concluded that
"[r]elying on well-defined Supreme Court precedent, the Tenth Circuit and its sister courts have consistently held that officers may not seize or search an individual without a specific, legitimate reason. . . . The applicable law was equally clear in this case. Nothing in New Mexico law prohibited Mr. St. John from openly carrying a firearm in the Theater. Accordingly, Mr. St. John's motion for summary judgment is granted with regard to his Fourth Amendment and New Mexico constitutional claims. Defendants' motion for summary judgment is denied with regard to the same and with regard to qualified immunity."
Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania.
Judge Black's opinion and order can be read here.
NOTE: Mathew St. John's attorney, Miguel Garcia, is an associate at John R. Hakanson PC, 307 11th St., Alamogordo, NM 88310 and can be reached at Miguelo.Garcia AT gmail.com.
The facts of the case are pretty simple. Matthew St. John entered an Alamogordo movie theater as a paying customer and sat down to enjoy the movie. He was openly carrying a holstered handgun, conduct which is legal in 42 states, and requires no license in New Mexico and twenty-five other states.
In response to a call from theater manager Robert Zigmond, the police entered the movie theater, physically seized Mr. St. John from his seat, took him outside, disarmed him, searched him, obtained personally identifiable information from his wallet, and only allowed him to re-enter the theater after St. John agreed to secure his gun in his vehicle. Mr. St. John was never suspected of any crime nor issued a summons for violating any law.
Importantly, no theater employee ever ordered Mr. St. John to leave. The police apparently simply decided to act as agents of the movie theater to enforce a private rule of conduct and not to enforce any rule of law.
On these facts, Judge Black concluded as a matter of law that the police violated Matthew St. John's constitutional rights under the Fourth Amendment because they seized and disarmed him even though there was not "any reason to believe that a crime was afoot." Judge Black's opinion is consistent with numerous high state and federal appellate courts, e.g., the United States Supreme Court in Florida v. J.L. (2000) (detaining man on mere report that he has a gun violates the Fourth Amendment) and the Washington Appeals Court in State v. Casad (2004) (detaining man observed by police as openly carrying rifles on a public street violates the Fourth Amendment).
Mr. St. John's attorney, Miguel Garcia, of Alamogordo, NM was pleased with the ruling and look forward to the next phase of the litigation which is a jury trial to establish the amount of damages, and possibly punitive damages. Garcia said that
"[i]t was great to see the Court carefully consider the issues presented by both sides and conclude that the U.S. Constitution prohibits the government from detaining and searching individuals solely for exercising their rights to possess a firearm as guaranteed by our state and federal constitutions."
Notably, Judge Black denied the police officers' requested "qualified immunity," a judicially created doctrine allowing government officials acting in good faith to avoid liability for violating the law where the law was not "clearly established." In this case, Judge Black concluded that
"[r]elying on well-defined Supreme Court precedent, the Tenth Circuit and its sister courts have consistently held that officers may not seize or search an individual without a specific, legitimate reason. . . . The applicable law was equally clear in this case. Nothing in New Mexico law prohibited Mr. St. John from openly carrying a firearm in the Theater. Accordingly, Mr. St. John's motion for summary judgment is granted with regard to his Fourth Amendment and New Mexico constitutional claims. Defendants' motion for summary judgment is denied with regard to the same and with regard to qualified immunity."
Judge Black's opinion and order is welcome news for the growing number of open carriers across the United States. Though police harassment of open carriers is rare, it's not yet as rare as it should be - over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania.
Judge Black's opinion and order can be read here.
NOTE: Mathew St. John's attorney, Miguel Garcia, is an associate at John R. Hakanson PC, 307 11th St., Alamogordo, NM 88310 and can be reached at Miguelo.Garcia AT gmail.com.
OH MY GOD!! MUST...REMEMBER...TO...BREATHE...!!!
Excellent Flying Tarantula Prank - Watch more Funny Videos
I ABSOLUTELY LOVE THIS KIND OF VIDEO.
I could watch these all day...
For Matt...
Chuck Norris’ dick is so big it has it’s own dick…..
and that dick is still bigget than yours.
Chuck Norris always has sex on the fisrt date… Always.
Chuck Norris can slam a revolving door.
Chuck Norris’ calendar goes straight from March 31st to April 2nd. No one fools Chuck Norris.
Chuck Norris is a creationist because he KNOWS. He is the creator!
Chuck Norris can get Blackjack with just one card.
Chuck Norris can win a game of Connect Four in only three moves.
Chuck Norris is 1/8th Cherokee. This has nothing to do with ancestry, he ate an Indian earlier this week.
Chuck Norris is the reason Waldo is hiding.
Chuck Norris can sneeze with his eyes open.
Chuck Norris can eat just one Lay’s potato chip.
When Chuck Norris sends in his taxes, he sends blank forms and includes only a picture of himself, crouched and ready to attack. Chuck Norris has not had to pay taxes, ever.
Chuck Norris destroyed the periodic table, because he only recognizes the element of surprise.
Chuck Norris can kill two stones with one bird.
and that dick is still bigget than yours.
Chuck Norris always has sex on the fisrt date… Always.
Chuck Norris can slam a revolving door.
Chuck Norris’ calendar goes straight from March 31st to April 2nd. No one fools Chuck Norris.
Chuck Norris is a creationist because he KNOWS. He is the creator!
Chuck Norris can get Blackjack with just one card.
Chuck Norris can win a game of Connect Four in only three moves.
Chuck Norris is 1/8th Cherokee. This has nothing to do with ancestry, he ate an Indian earlier this week.
Chuck Norris is the reason Waldo is hiding.
Chuck Norris can sneeze with his eyes open.
Chuck Norris can eat just one Lay’s potato chip.
When Chuck Norris sends in his taxes, he sends blank forms and includes only a picture of himself, crouched and ready to attack. Chuck Norris has not had to pay taxes, ever.
Chuck Norris destroyed the periodic table, because he only recognizes the element of surprise.
Chuck Norris can kill two stones with one bird.
I would have beaten him to death...
A Georgia man allegedly slapped a toddler at a Walmart store because she wouldn't stop crying, authorities said.
Roger Stephens, 61, was arrested Monday and charged with first-degree cruelty to children. An incident report obtained from police in Gwinnett County indicated Stephens did not know the 2-year-old girl he stands accused of hitting.
The confrontation happened shortly before noon at the Walmart in Stone Mountain, a suburb of Atlanta.
According to the arresting officer, the child's mother said her daughter was crying as they walked down one of the aisles.
The mother said a stranger later identified as Stephens approached them and said, "If you don't shut the baby up, I will shut her up for you."
A few moments later, while the mother and the crying child were in another aisle, Stephens allegedly grabbed the girl and slapped her across the face.
Police said he hit her four or five times. "See, I told you I would shut her up," the suspect allegedly told the mother.
Authorities described "slight redness" to the toddler's face. Before he was arrested, Stephens apologized to the mother for striking the girl, the incident report said.
Stephens, a Stone Mountain resident, is being held by the Gwinnett County Sheriff's Department.
Roger Stephens, 61, was arrested Monday and charged with first-degree cruelty to children. An incident report obtained from police in Gwinnett County indicated Stephens did not know the 2-year-old girl he stands accused of hitting.
The confrontation happened shortly before noon at the Walmart in Stone Mountain, a suburb of Atlanta.
According to the arresting officer, the child's mother said her daughter was crying as they walked down one of the aisles.
The mother said a stranger later identified as Stephens approached them and said, "If you don't shut the baby up, I will shut her up for you."
A few moments later, while the mother and the crying child were in another aisle, Stephens allegedly grabbed the girl and slapped her across the face.
Police said he hit her four or five times. "See, I told you I would shut her up," the suspect allegedly told the mother.
Authorities described "slight redness" to the toddler's face. Before he was arrested, Stephens apologized to the mother for striking the girl, the incident report said.
Stephens, a Stone Mountain resident, is being held by the Gwinnett County Sheriff's Department.
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