Michael Schiavo pleads case on CNN
  Martial Law 9/11 Rise of the Police State is now available!!    
         

Alex Jones Presents Police State 3:  Total Enslavement

 

America Destroyed by Design

Mass Murderers Agree:  Gun Control Works!  T-Shirt

   
     
 

Use of Patriot Act against homeless is under fire
N.J. City Criticized for Homeless Lawsuit

Associated Press | June 29, 2005

The USA Patriot Act, in the name of fighting terrorism, allows the government to find out which books and Internet sites a person has seen. It lets investigators secretly search homes and monitor phone calls and e-mail. Now, officials in the wealthy New York City suburb of Summit are using the law to justify forcing homeless people to leave a train station _ an action that sparked a $5 million federal lawsuit by a homeless man.
RELATED:

Related: Patriot Act vs. US Citizens

Town cites Patriot Act in response to homeless man's suit

Richard Kreimer, who filed the lawsuit in March after being kicked out of the train station, said the Patriot Act defense makes no sense.

"Unless they've been smoking those funny cigarettes, I can't see how my civil lawsuit has anything to do with the Patriot Act," said Kreimer, 55, who is acting as his own attorney.

But Summit officials argue they are protected by a provision regarding "attacks and other violence against mass transportation systems." Town attorney Harry Yospin, who did not return calls seeking comment Tuesday and Wednesday, has used the law as one of more than a dozen defenses in the case.

Edward Barocas, legal director of the American Civil Liberties Union of New Jersey, said the Patriot Act defense is weak: "Nothing in the Patriot Act lets them kick homeless people out of train stations."

The U.S. Justice Department also criticized Summit's use of the law.

"That represents a fundamental misunderstanding of what the Patriot Act is," spokesman Kevin Madden said Wednesday. "The Patriot Act is a law enforcement tool to identify and track terrorists and stop them from further attacks on America. To apply it to this case is, shall we say, an overreaching application of the law."

Kreimer garnered national attention in 1991 after suing Morristown, the Morris Township public library and the police department over his treatment there. The library threw him out at least five times, claiming his body odor and the way he looked at library patrons offended them.

A federal judge ruled the library's rules on hygiene were unconstitutional _ a decision that was overturned, but not before Kreimer had been paid. Kreimer has said he spent the settlement on lawyers, living expenses and medical bills.

In the latest case, Kreimer is seeking at least $5 million in damages from the city of Summit, NJ Transit, nine police officers and several others, claiming he and other homeless people have been unlawfully thrown out of train stations since August.

He also wants a judge to decide whether transit stations are public or private property, and whether people who do not have train tickets have the right to be in them.

The state Attorney General's office, on behalf of NJ Transit, has called the lawsuit frivolous and a sham but did not cite the Patriot Act. City Administrator Christopher Cotter said the municipality does not comment on active litigation.

Since the lawsuit was filed, NJ Transit has announced plans to create "ticket-only" zones limiting areas of train and bus stations to passengers holding tickets.


Town cites Patriot Act in response to homeless man's suit

Associated Press | June 29 2005

Comment:
Believe the lie, the Patriot Act is only being used against terrorists.

NEWARK — The USA Patriot Act allows the government to find out which books and Internet sites a person has seen. It also lets investigators secretly search someone's home and monitor people's phone calls and e-mail, all in the name of fighting terrorism.

Now, a New Jersey town being sued for kicking homeless people out of a train station claims the Patriot Act allows it to do that as well.

In an answer to a federal lawsuit brought by a homeless man, Richard Kreimer, who objected to being told to leave the Summit train station, the city says its conduct is protected by the Patriot Act and the lawsuit should be barred. The city cited a section of the law regarding "attacks and other violence against mass transportation systems."

"Unless they've been smoking those funny cigarettes, I can't see how my civil lawsuit has anything to do with the Patriot Act," said Kreimer, 55, who is acting as his own lawyer. "I can't figure that one out."

Edward Barocas, legal director of the American Civil Liberties Union of New Jersey, said, "Nothing in the Patriot Act lets them kick homeless people out of train stations."

"We have always maintained that NJ Transit and police have the right to address conduct," he said. "They do not have the right to treat an individual differently because he is disheveled."

Kreimer is seeking at least $5 million in damages against NJ Transit, the city of Summit, nine police officers and several other defendants, claiming he and other homeless people have been unlawfully thrown out of train stations since August. He also wants a federal judge to decide whether transit stations are public or private property, and whether people who are not ticketed passengers have the right to be at them.

Since the suit was filed in March, NJ Transit has announced its intentions to create "ticket-only" zones that would limit areas of train and bus stations to passengers holding tickets.

The Patriot Act defense was one of 15 made by Harry Yospin, a lawyer representing Summit and its officials named in the suit. He and City Administrator Christopher Cotter did not immediately return calls seeking comment Tuesday.

In legal papers filed in response to the suit, Yospin termed Kreimer's suit "frivolous," and said police officers were exercising lawful discretion in their dealings with Kreimer.

Similar defenses were made by the state Attorney General's Office on behalf of NJ Transit. The state termed the lawsuit "frivolous" and "a sham," but did not cite the Patriot Act

 

E-MAIL THIS LINK
Enter recipient's e-mail:

<< HOME

 
   
 

911:  The Road to Tyranny