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re: Texas Salon Owner Sentenced to Jail for Defying Lockdown

Posted on 5/5/20 at 4:36 pm to
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99267 posts
Posted on 5/5/20 at 4:36 pm to
quote:

Not a constitutional lawyer but I wonder how this will play out


The shutdowns of businesses constitute a taking which without just compensation is unconstitutional as a violation of the 5th Amendment - entitling the aggrieved party to not just the compensation due, but attorney's fees for the civil rights violation (as this was done under the color of law [1983 violation]).
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47866 posts
Posted on 5/5/20 at 5:02 pm to
quote:

The shutdowns of businesses constitute a taking which without just compensation is unconstitutional as a violation of the 5th Amendment - entitling the aggrieved party to not just the compensation due, but attorney's fees for the civil rights violation (as this was done under the color of law [1983 violation]).
here’s the question... no property was taken. The only thing that was was time, and everyone has a different value of it. Just as shutdowns hurt some businesses, they help others, particularly if it’s costing money to operate.
Posted by Floyd Dawg
Silver Creek, GA
Member since Jul 2018
3956 posts
Posted on 5/5/20 at 5:26 pm to
Screw that.

Go to a federal court and swear out an arrest warrant for the judge. Charge him with violating 18 USC 242, which states that it is illegal to use the color of office (LEO or judge) to violate a citizen's civil rights.

Make his arse sit in jail for a bit and see how he likes it...
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