Monday, August 18, 2014

Federal Court rules against APS Board, Esquivel, Brooks et at.

For the second time, a Federal District Court has ruled against the sitting APS School Board, former School Board President Marty Esquivel, former APS Supt Winston Brooks, former APS Chief of Police Steve Tellez and a handful of others.

In March of this year, a Federal District Court Judge preliminarily found, link, "... the justifications offered by the Board (for banning me from school board meetings) are pretexts masking viewpoint discrimination."

Marty Esquivel, Winston Brooks, and a handful of others deciding under no real oversight, decided to file motions seeking reconsideration of the rulings, spending even more money in defense of their egos.  Who knows how many tens of thousands of dollars they spent submitting parallel motions to reconsider the order?  Seriously, who knows?

Well, the Court reconsidered the decision long enough to now order, link; the right decision has already been made.

"... Of significance in this case is that the Court had before it for consideration, prior to issuance of its Order Granting Preliminary Injunction, an extensive record. The materials before the Court included transcripts of deposition testimony and, most importantly, video recordings of key events. Defendants did not request an evidentiary hearing prior to the Court’s ruling. The Court afforded the Defendants a full and fair opportunity to be heard in opposition to Plaintiff’s request for a preliminary injunction. There being neither an intervening change in the law, new evidence previously unavailable, nor a demonstration of clear error in the Court’s ruling ... Defendants’ Motions for Reconsideration ... are denied.
So ordered this 18th day of August, 2014."

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