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Press Release in Dorr Gun Case |
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FOR IMMEDIATE RELEASE June 17, 2010 CONTACT: Vince Fahnlander, 612-341-1074 Sioux City, IA In a stunning verdict from the bench yesterday, U.S. District Court Judge Mark Bennett announced that Osceola County, IA Sheriff Doug Weber’s denial of Paul Dorr’s concealed weapon permit in 2007 “Was the most egregious violation of the 1st Amendment he has witnessed in his 16 years serving on the bench.” Paul Dorr and his son Alexander Dorr filed suit in the United States District Court for the Northern District of Iowa in October 2008, against Sheriff Weber and Osceola County, Iowa, claiming violation of their 2nd Amendment rights. Sheriff Weber stated in sworn deposition testimony in November 2009 that he denied Paul Dorr’s conceal carry permit because of Paul Dorr’s speech and political activities in Osceola County. The Dorrs then amended their claim to include a violation of their 1st Amendment rights as well. When asked at trial in federal court yesterday, “What changed from 2006 (when Sheriff Weber last granted Dorr’s permit) to 2007 (when Sheriff Weber denied Dorr’s permit), Sheriff Weber admitted, “He began writing letters and handing out brochures for the Osceola County Taxpayers Association.” These are all constitutionally protected activities. Under cross examination by Dorr’s attorneys, Sheriff Weber could not produce evidence to support his denial of Paul Dorr’s permit. Neither could the defendant’s only other witness, Dan DeKoter. Judge Bennett announced that he hadn’t passed judgment from the bench before, always taking it under consideration and issuing a written judgment later. But in Paul Dorr’s case he ruled for the first time, from the bench, on behalf of Dorr. To minimize any harm to the Osceola County taxpayers, Dorr waived any claim for compensatory or punitive damages prior to the trial. In his ruling, Judge Bennett also announced, “If I had the legal authority I would order punitive damages be paid as well.” Judge Bennett also announced that if the law permits he may order Sheriff Weber to a take a remedial class in the 1st Amendment. Attorney Vince Fahnlander stated, “The judgment reinforces that the First Amendment will protect those voices that speak out against the government, and will not tolerate retaliation for speaking out on opinions against governmental authority .” The Dorrs were represented by attorneys Bill Mohrman and Vince Fahnlander of the Minneapolis law firm Mohrman & Kaardal, P.A. |
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Neopopulist Victory in Dorr Gun Case!!! |
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A U.S. District Judge in Sioux City, Iowa, on June 16, 2010, granted a direct verdict to Paul and Alexander Dorr in a First Amendment trial. The case involved the Osceola County Sherrif denying conceal and carry gun permit applications to Paul Dorr because of the plaintiff's political association with the Osceola County Taxpayers Association. Attorney Erick Kaardal explains, "This is a great neopopulist victory. For a federal judge to recognize that government officials can not administratively punish the people for their political views is a blow to the government and great victory for the people. It should give the people hope that the playing field can be levelled and that the people can manage their government -- without fear of retribution." As soon as the written opinion is issued, it will be linked to this webpage. |
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Leftish Blog Quotes Neopopulism.org! |
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Neopopulism.org is an anti-ideological and anti-partisan website. Nonetheless, it is delightful to see ideological websites -- left or right, quoting this website. Another example on a leftish blog was found here. The website is called Democracy for California. |
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Kaardal Debates Judicial Elections at Americas Future Foundation Event! |
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Attorney Erick Kaardal debated judicial elections on May 11, 2010 at Crave Restaurant, Mall of America, Bloomington, Minnesota. The other participants were former Governor Al Quie, Minnesota Supreme Court Associate Justice Barry Anderson and Minnesota GOP chairman Tony Sutton. The sponsor was Americas Future Foundation. The promotional flyer can be found here. Kaardal commented, "I think the neopopulist argument on judicial elections carried the day. Thee people understod that they must keep their democratic means, including judicial elections, in order to manage government. Otherwise the government will manage the people." |
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Sun Newspapers Cover St. Anthony School District Case! |
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The Sun Newspapers covered the Court of Appeals' decision in the St. Anthony School District case. The article can be found here. |
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Landowners Group Threatens to Sue Houston County! |
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The Winona Daily News reports that a landowners' group in Houston County has threatened to sue Houston County over land use regulations. The article can be found here. |
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Public Schools Now Required to Comply with Minnesota's Campaign Laws! |
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On April 20, 2010, the Minnesota Court of Appeals published a decision which will lead to Minnesota's public schools being required to comply with Minnesota's Campaign Financial Reports Act and Fair Campaign Practices Act. The published decision affirmed the Office of Administrative Hearing's dismissal of the complaint on technical grounds. However, the Court of Appeals opinion holds that a school district or a school board may be a "committee" for purposes of Minnesota's campaign laws if it has "acted to promote or defeat a ballot question." Attorney Erick Kaardal responds, "Good government requires change over the short term and long term. We thank the Minnesota Court of Appeals for recognizing today in a published decision that public schools and schools board are subject to Minnesota's campaign laws when they act to promote or defeat a ballot question. Although my clients are disappointed that the Court dismissed their claim, they are looking forward to seeing the law enforced in the future based on the Court of Appeals' decision published today." |
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Star Tribune Covers U.S. Supreme Court Denial |
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The Star Tribune's front page covered the U.S. Supreme Court's denial of the petition for writ of certiorari in the case Wolfchild, et al. v. United States. The article written by Kevin Diaz can be found here. Attorney Erick Kaardal comments, "My clients are very encouraged by the media coverage and interest in the U.S. Supreme Court's decision not to hear the Wolfchild case. Since the U.S. Court of Appeals for the Federal Circuit, in the decision which we were appealing to the U.S. Supreme Court, actually remanded the case for further proceedings in the U.S. Court of Federal Claims, we will continue the litigation there. We are very confident that the Department of the Interior's policies will get further review in the U.S. Court of Federal Claims." |
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U.S. Supreme Court Denies Wolfchild Petition! |
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On April 19, 2010, the United States Supreme Court denied the Mdewakanton Dakota Oyate's petition for discretionary review. Attorney Erick Kaardal comments, "We are disappointed with the U.S. Supreme Court's decision. However, the U.S. Court of Appeals for the Federal Circuit did remand the case for further proceedings to the U.S. Court of Federal Claims. My clients will now pursue our remedies against the United States there." |
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Scotus Blog Lists Wolfchild as Petition to Watch! |
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Scotus Blog, the # 1 website covering the U.S. Supreme Court, has identified the Wolfchild case as a petition with a reasonable chance of being granted at the April 16, 2010 private conference of the Supreme Court of the United States. The cite to the Wolfchild petition can be found here. Attorney Erick Kaardal responds, "We are pleased with the Scotus Blog citation. It shows that our case is worthy for U.S. Supreme Court review." Customarily, the U.S. Supreme Court issues an order disposing of petitions on the Monday following the Friday's private conference. So, the order is expected on Monday, April 19th. |
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Pioneer Press Covers Muslim Student Intervention Hearing! |
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The Pioneer Press covered the March 24, 2010 hearing before U.S. District Court Judge Donovon Frank on the Muslim students' motion to intervene in the Minnesota ACLU lawsuit against Tarek ibn Ziyad Academy. The article can be found here. Erick Kaardal, who represents the students and parents, comments, "My clients, many of whom are immigrants, are appreciative of the United States District Court and its hearing yesterday. After the hearing, we discussed how wonderful America is that even immigrants can be heard in a federal court case. My clients and I have confidence that the Court will review the arguments and make its decision in a good way." |
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