Tuesday, February 26, 2019

CIVIL ACTION FOR DEPRIVATION OF RIGHTS (42 U.S.C. § 1983); CONSPIRACIES TO INTERFERE WITH CIVIL RIGHTS (42 U.S.C. § 1985); CONSPIRACY AGAINST RIGHTS OF CITIZENS (18 U.S.C. § 241); DEPRIVATION OF RIGHTS UNDER COLOR OF LAW (18 U.S.C. § 242); THE JURISDICTIONAL STATUTE FOR CIVIL RIGHTS CASES (28 U.S.C. § 1443) etc etc etc...

Moving right along; in mid February 2019 right after I realized Fulvio had no intention of following through with his promise to file a complaint for me; a Facebook friend named James Stark was ejected from Vinnie's bar and Grill because James's girlfriend was caught drinking out of a flask...

So James's entire band is now ejected from this private business of public accommodation for something the band had absolutely nothing to do with...

Regardless of how all of that worked out for the James and his affected band; after reading about this on the way home from Palo Alto on Facebook (see attached photo) I decided to go into the Oasis Nightclub with my smart phone and ACLU app to see if Owner Jerry Grimes would arbitrarily eject me again...

I started recording with my ACLU app and walked in with my sunglasses on and pretended to be looking at my smart phone...I sat down right in front of Jerry about 20 feet away and it was obvious Jerry saw me; but he did not make any moves to eject me this time...

You could tell he was thinking about it though...
He was definitely thinking about something...

The 2016 illegal ejection by Jerry Grimes came after I started going to the Oasis again just to sing a song or two and leave early...I did it for a few weeks and finally one night when Joe Soria was there (he saw me attacked and ejected at Woodham's Lounge) I walked in and Jerry called out from across the bar "he has to leave" (in other words; me) and I was then asked to leave the bar for no good reason...

But the week before I noticed NSA chatter on TV about the Florida bar shooting and how the shooter was a "lone wolf" (it takes maturity to go out on your own by the way) and how the back porch of the bar in Florida was designed almost EXACTLY like the Oasis; and I know when 'they' are speaking out of both sides of their mouths -- so I told my Dad "something is going to happen next week" at the Oasis...

In other words; I knew consent was being manufactured on TV for my illegal ejection; so since it was obvious that surveillance was being used against me in tracking my moves like had obviously been done for so many years prior since starting my Only Good Newsletter in 1992 and becoming an 'influential member of the community' worth monitoring up to this day; I whipped out my smart phone with built in spy technology and went into the Oasis with my ACLU app running (everyone has it on their phones - video recording; photos; voice operated recording etc -- we're all fucking spies now for Facebook and/or the NSA and/or the CIA etc) And there was a dark black undercover police vehicle parked outside the Oasis that night; making me know something was up...
 
I was not drunk; I made sure of that...Alcohol was not an issue in either illegal ejection from the Oasis; and even if it was WHO CARES? BARS SERVE ALCOHOL!!! SO THE FUCK WHAT?! It is not a good idea to eject quite often angry and drunk people who inevitably drive off in their cars drunk (I rode my bike both times by the way)...

But the ACLU app did not work correctly; so I turned on my Video recorder and placed it in my pocket and recorded the bartender telling me how she was ordered to illegally eject me to get some evidence and left the bar...

Then I sent that recording to the CA AG for review as the law states; and did it again with Xavier Beccerra -- then posted it in my blog too...

Because after all: *This voice recording does not require the knowledge and/or consent of the Oasis Nightclub; as there are no legal protections for the commission of criminal and/or civil infractions -- doing so would amount to an obstruction of justice. Those who violate the rights of others; forfeit their own rights. > go to: http://codes.findlaw.com/ca/penal-code/pen-sect-632.html 

Adding to this; no action was taken by either CA AG to confront this discrimination which is obviously being facilitated by the State of California and their more often than not wrongfully interpreted "right to deny service" law which has many stipulations tied to it -- but does not allow arbitrary ejection like I experienced...

After being wrongfully ejected from the Oasis in 2013 by POS/DPS Officers Smith and Ochoa and filing a claim form with the City of Sunnyvale for this illegal usage of the color of law to deny me of my civil rights -- then being alerted to an investigation that apparently never occurred in 2014...and being illegally ejected once again by Jerry Grimes in 2016 for "starting fights" I did not start...I had enough...NO MORE BULLSHIT...YOUR FOOT DRAGGING IS PUTTIN MY RIGHTS AT RISK...And especially after hearing the NSA chatter gloating and taunting me about the Black Woman's Book Club (BWBC) being ejected for the exact same baseless reasons right after being illegally ejected from Blinky's -- but BWBC got a lawyer and compensation lickety split due to obvious deeply embedded racial bias and discrimination -- while I got the opportunity to eat more shit...

Let's be real; it is more than obvious that I have being repeatedly treated as if I have no civil rights...This is yet another narrative or dialogue that is inculcated into the general public through NSA chatter as well; that whites who want their rights protected are racial supremacists ~ while blacks who want the exact same thing are righteous...

But civil rights laws were designed to protect everyone's civil rights; not just some...And especially the class-based discrimination element which is universal for all low income folks...

Note: Blinky's Can't Say bar owner left town in shame and sold the bar to another owner who begged me to take down my Facebook page about what happened to me at Blinky's (see link below) because it was affecting her new business -- which I gladly did for her because it was not her fault...

But the BWBC got ejected for the exact same baseless reasons so there needs to be some kind of official compensation for so many illegal ejections...I don't give a fuck what color I am; that is a lousy excuse and you all know it...

The bottom line is: life is not a popularity contest so fuck haters -- they don't matter...I have been attacked at various times with no arrests made and video evidence to boot -- all part of the pattern and practice lawsuit that is coming...and KJ Doug Ward attacked me at the Oasis -- but POS/DPS Officers Smith and Ochoa obstructed justice by refusing to pull up the footage etc etc etc...It goes on and on...Therefore; I have decided that since I did it once -- then I will do it again; in the name of Rosa Parks and the grand tradition that she started; I am going to go back into the Oasis again sometime in the future -- but with some friend/witnesses this time (as well as my ACLU app) to see if Jerry Grimes will illegally eject me once again since I am a low income Caucasian male and obviously fair game to be openly discriminated against... 

GO TO: THANKS FOR NOTHING / PART II -- MOTION FOR EXPUNGEMENT AND/OR FACTUAL INNOCENCE  @ http://addendumblog1.blogspot.com/2015/06/thanks-for-nothing-part-ii-motion-for.html + VARIOUS QUESTIONABLE COVER UPS BY THE CITY OF SUNNYVALE AND/OR THE CITY OF SANTA CLARA AND/OR THE SUNNYVALE AND/OR SANTA CLARA POLICE DEPARTMENTS ETC @ http://addendumblog1.blogspot.com/2014/07/various-criminal-andor-illegal-cover.html + INCIDENT ON 18 JUNE 2016 / THE OASIS NIGHTCLUB IN SUNNYVALE, CALIFORNIA = PRIVATE BUSINESS OF PUBLIC ACCOMMODATION @ https://addendumblog2.blogspot.com/2016/06/incident-on-18-june-2016-oasis.html

THE OTHER BOTTOM LINE: POS/DPS Officers Smith and Ochoa not only gave me an unlawful order to leave the Oasis Nightclub back in 2013; but they also obstructed justice by refusing to pull up footage of KJ Dougs' attack outside the bar...

And if POS/DPS is called once again in the event of any future illegal ejections from the Oasis Nightclub; I DARE them to arrest me and give me another incident within the statute of limitations...If they do I will have yet another damning incident and therefore a new case; SO BRING IT ON MOTHERFUCKERS! ZERO FEAR HERE...

KEEP DOING STUPID ILLEGAL THINGS POS/DPS SO I CAN FINALLY BUST YOUR LOUSY ASSES AND WIN THIS CASE! 

Note: Either way I have a pattern and practice suit against POS/DPS...YOU'RE DONE PROTECTING MY ATTACKERS YOU PIECA SHIT POS/DPS ASSHOLES! FUCK OFF! I'LL NEVER TRUST YOUR LOUSY ASSES AGAIN! SO FUCK OFF AGAIN AND GO STRAIGHT TO HELL AND DON'T COME BACK! THINK TWICE ABOUT MESSING WITH ME!

Also; entry and service are two different things as I have mentioned before; therefore arbitrarily denying entry to ANY patron at a private business of public accommodation in California is ILLEGAL AND WORTHY OF LEGAL ACTION...And the Red Hen incident proved that this is a non-partisan issue; so I have no doubt the Supreme Court will side with me unanimously on this case if it ever gets that far...


In my 13 years of patronage at the Oasis; I never saw one African-American asked to leave the bar...Strongly suggesting that there was a racial element to my illegal ejection; as whites can be openly discriminated against...

As I mentioned before; Sunken Gardens has a business code outside of their business for all to see...Patrons of this private business of public accommodation need to spend a minimum $10 to meet the requirements; but the Oasis Nightclub has no posted business code for all to see...Without a posted business code at the Oasis Nightclub; they open themselves to future class-based discrimination lawsuits; and lack of action by the State of California to fix the mess they created is only making things worse...

To expound a bit more upon the subject of being monitored since 1992 because of being an influential member of the community: People go way out of their way to have influence in the community...Newspapers use their fortunes to influence the community with their journalism; city council members get elected by deep pocketed donors so they can have greater influence; judges spend their whole lives becoming judges to influence the community at large as well...


Then along comes this low income BAM Magazine driver (me) with a newsletter that went out ALL OVER the south bay during the 1990s and influenced the community -- to the point where Vice President Al Gore would fly out to Silicon Valley every time it came out!?! So needless to say that was probably a problem for some...

Because of all this; I ended up being constantly monitored as pay back for my influence...It's just the way things are done...And now it's cheaper to mass-monitor everyone; so welcome to the club...

The 911 incident which was supposedly orchestrated completely by foreign terrorists (yeh right -- it wasn't and you all know it) gave the green light to America to mass monitor everyone; and all based upon the USA Patriot Act which was drafted in the weeks before 911 -- obviously preparing for the 911 event...Making it more than obvious to many that there was multifarious foul play involved in the 911 incident...

Regardless; I have learned to play with that constant surveillance; I actually have fun with it and mess with it all the time...Talking bogus information into my phone knowing my voice recognition software is picking it all up and confusing my NSA monitors...Using misinformation to clog their pipes and make them pay for listening to my private business while having fun at the same time...
 
Anyway; I spoke to Lee Bagly about his case and he said that a city council member or two was at his deposition; plus some POS/DPS members as well...Apparently the judge in charge told Lee that his case was not worth millions; more in the hundred thousand range...But if this is true; then why did the Black Woman's Book Club get and $11 million dollar settlement w/no injuries -- while Lee got relative scraps?

It goes to show that there really is a deeply embedded racial bias within our society to the point where whites are being treated like second class citizens under blacks...And this explains why no action was taken to stop the Rebholt/Paolinetti Familias from stopping their years-long seige on my residence...In other words; this a complete reversal from what was occurring before -- as now whites are being treated the same way blacks used to get treated: like their lives are worth less...And that is not ok...Therefore it's time to even the score and treat everyone equally...

Equal Justice Under Law? You can't just write that on the outside of your court rooms for show -- you need to live up to those words...



42 U.S. Code § 1983. Civil action for deprivation of rights -- Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (R.S. § 1979; Pub. L. 96–170, § 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104–317, title III, § 309(c), Oct. 19, 1996, 110 Stat. 3853.) > GO TO: https://www.law.cornell.edu/uscode/text/42/1983

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42 U.S. Code § 1985. Conspiracy to interfere with civil rights -- (2) Obstructing justice; intimidating party, witness, or juror -- If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3) Depriving persons of rights or privileges -- If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.(R.S. § 1980.) > GO TO: https://www.law.cornell.edu/uscode/text/42/1985

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Conspiracy against rights -- Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 241 -- They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. 


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18 U.S. Code § 242. Deprivation of rights under color of law -- Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. (June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.) > GO TO: https://www.law.cornell.edu/uscode/text/18/242

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28 U.S. Code § 1443. Civil rights cases -- Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending: (1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof; (2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law. (June 25, 1948, ch. 646, 62 Stat. 938.) > GO TO: https://www.law.cornell.edu/uscode/text/28/1443
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Another racially discriminatory aspect of this case that occurred to me last night is: not only was the Black Woman's Book Club (BWBC) overcompensated for being asked to leave a Napa Wine train due to their racial statuses (compared to Caucasian Lee Bagly's comparatively measly settlement) but also using the color of law to keep me off a property where my voting rights were violated is a VERY SERIOUS ISSUE as well...But since I am Caucasian -- it does not seem to matter...And this is yet another glaring example of the kind of divisive and deeply embedded reverse racial discrimination that exists here in America; as MY WHITE VOTES MATTER AS MUCH AS THEIR BLACK VOTES -- and the minute they don't the party is OVER and I am gone...So I guess I am gone...

Adding to this; I deliver magazines to about 200 businesses per month and have for about 35 years now...And now I deliver Bay Area Parent to various schools all over the valley too...So why am I not welcome in my own neighborhood? It's beyond ridiculous and the people behind this malicious focus are a fucking joke...

The SCCDA's office for example; a bunch of racially/gender etc biased class-based discriminators...And POS/DPS is supposed to be here to protect civil rights as well; NOT VIOLATE THEM AS THEY DID NUMEROUS TIMES... 

Note: I finally voted in the 2016 election for California Proposition 64; which essentially wiped out my Proposition 215 medical marijuana prescriptions I held for a decade until recently due at least partially to class-based discrimination (In other words; I cannot afford $150) and/or mainly due to fraudulent claims made by the State of California stating that no Prop 215 voters would be disaffected like I so am -- but that is another case altogether that will be dealt with at a later time...I have another year to file that class action suit... 

Anyway just to remind you; both times an ex-girlfriend of mine got violent with me; I LEFT AND NEVER LOOKED BACK...So my relationship with government is now for all intents and purposes OVER...AFTER BEING ATTACKED SEVERAL TIMES...YOU'RE DONE...YOUR GOOSE IS COOKED...YOU DO NOT HAVE SOME KIND OF SPECIAL MAGICAL CONTROL OVER MY LIFE AND YOU NEVER DID...I WAS JUST BORN HERE SO GET THE FUCK AWAY FROM ME NOW AND FOREVER...I'M CUTTING THE CORD... 

I AM A VERY SENSITIVE AND INTUITIVE INDIVIDUAL; 
AND YOU ALL RUBBED ME THE WRONG WAY... 

YOU ALL HAD THE CHANCE TO DO THE RIGHT THING AND FAILED TO DO SO; SO I AM NOW OFFICIALLY GONE OTHER THAN SEEING YOU IN LITIGATION AND/OR COURT -- BECAUSE LIKE I SAID BEFORE; I DON'T TAKE BULLSHIT FROM ANYONE -- EX-GIRLFRIENDS AND/OR POS/DPS AND/OR SCPD AND/OR OTHERWISE...My government allowed me to be attacked SEVERAL TIMES and aloowed me to be harassed and stalked nearly to death -- WITH FUCKING GOD DAMNED VIDEO EVIDENCE TOO!?! -- and you all STILL made no arrests...SO LIKE I SAID: I AM DONE WITH YOU ONCE AND FOR ALL...GO FUCK YOURSELVES...THE US GOVERNMENT IS A FUCKING BAD JOKE...

Cops take an oath to protect and serve the public; NOT THEMSELVES...And government in general does absolutely nothing to help me -- so don't expect any help from me...I just live here...I'll see you all in litigation where I will be identifying as various persons of protected class status -- even thought whites are essentially a minority in the State of California...


All for now...

1 comment:

  1. The bottom line is we all have to be protected equally as human beings; otherwise we thrust a portion of the population back to the pre-civil rights era where zero civil rights protections existed...And I know how government likes it this way; because it keeps a 'necessary' amount of division out there to keep government in control and keep us all fighting...I get that...I have lived that...

    But that is a bunch of shit that is not going to happen again...So tell Senator Feinstein it's my way or the highway...And my way is the lawful way; so it's high time you all start following me down this lawful path; or else...

    It should be obvious to you all now that we have been living in a state of total governmental anarchy since around the time of the inside job 911 incident...It's anything goes and no laws matter now; unless you fit into some special category of protection or kiss the right asses...But all I can say is; KISS MY ASS...

    The US government obviously has a deep disgust against the laws that are on the books; selectively enforcing these laws in an arbitrary fashion and/or in a class-based disriminatory fashion -- giving limited justice only to those who can afford their pay-to-play system of justice...

    This is a special and disgusting brand of contempt of court that the US government practices on a daily basis that must end ASAP...All for now...

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