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arouse under federal and state law and files this Memorandum
against the City (“Defendants”) declaring that the City and their
equal protection.
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4. The Plaintiffs have a right to challenge the Constitutionality,
slavery. Its cornerstone rests, upon the great truth that the
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25. The history of Tidewater localities and the Monuments of Norfolk is beyond the restrictions in Va. Code § 15.2-1812 and Va. Code § 18.2-137. Norfolk
has not served as a county seat since at least 1846. (As of 1846 the seat of Norfolk County was in present-day Portsmouth.) No Monument has been put up in a
municipality since.
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6. The Display is inscribed with the Confederate flag across its
intimidation, fear, envy and hate. Along the south side of its
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11. The Fourteenth Amendment of the United States Constitution
religion.
13. The Fourteenth Amendment provides for due process and equal
all men are by nature equally free and independent and have
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17. The Display and its endorsement of the treasonous outlawed
Constitution of Virginia.
prayed for.
granted.
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22. The Plaintiffs without limiting the foregoing sentence, have
stated a valid claim under under Va. Code 15.2-1812 et seq. for
23. Virginia Code 15.2-1812 was not in effect at the time the
24. Virginia Code 15.1-270 was not in effect at the time the
Confederate monument.
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to this monument. The statute does not, therefore, impose any
Confederate monument.
28. The Display is inscribed with CSA and "Our Confederate Dead"
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31. The Confederate standard bearer with flag on top of the
1812 does not apply to this monument. The statute does not,
"61st and final UCV reunion in 1951". Section 15.2-1812 does not
Confederate monument.
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35. Pursuant to §§ 2 and 15 Power of the city the City’s Charter
and for any of the purposes of the city; and to hold, improve,
36. Resolution No. 1,678 was a means by which the City requested
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39. All ordinances and resolutions of the council may be read as
authority of council.
judgment action. Kiser v. A.W. Chesterton Co., 285 Va. 12, 736
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Va. 321, 327, 384 S.E. 2d 323, 326 (1989)). Substantive laws
§ 1 City Charter, Va. Code 8.01-184, Va. Code 8.01-191, and Va.
"person" subject to suit. see TVA v. Hill, 437 U.S. 153 (1978).
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47. The Plaintiffs have stated as a matter of law a valid First
& P.R. Co., 168 U.S. 135, 138 (1897). see also Alan O. Sykes,
Harv. L. Rev. 563, 582 (1988). The employer may therefore avoid
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justice, equality, constitutional rights, discrimination's, on
the content of its own message. See Walker v. Tex. Div., Sons
50. The Plaintiffs allege Government speech must comport with the
fora. Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U.S.
788, 800. see also Friends of the Rappahannock, 286 Va. At 38, 743
566, 577, 692 S.E. 2d 226, 233 (2010)(citations omitted). See also
Aswad v. Norfolk S. Ry. Co., 2006 Va. Cir. LEXIS 43, at *15-16,
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51. But content based restrictions must satisfy strict scrutiny,
and Va. Code 18.2-137 and Defendants’ policies and practices are
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56. The Plaintiffs have as a matter of law stated a valid Display
§ 1-238 (2014). see also Berner v. Mills,265 Va. 408, 413, 579
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S.E. 2d 159, 161 (2003); Adams v. Techsystems, 261 Va. 594, 559,
59. The Plaintiffs have alleged facts to show, and even infer,
that the City Council believes that, at the time of filing this
suit, the governing state law clearly does not prohibit the
61. The public, like the City, has an interest in seeing that
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60. Smith & Usaha, supra note 2, at 116, citing Wilton, 515 U.S. at 288; Green v. Mansour, 474 U.S. 64,
72-74 (1985); Rickover, 369 U.S. 111 at 112-13; Public Service Commission of Utah v. Wycoff Company, 344
U.S. 237, 243-47 (1952).
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62. The Plaintiffs has presented an actual “case or controversy”
63. The Plaintiffs in seeking relief under the Act has satisfied
McCorkle, 416 U.S. 115, 125-26 (1974); Halkin v. Helms, 690 F.2d
64. The Plaintiffs has alleged facts to show, and even infer,
agencies are liable for money damages when they violate federal
at 736-37.
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41. Resolution No. 1,678, 1997 Va. Acts Ch. 587, Norfolk City Attorney opinion, Commonwealth Attorney
opinion, Attorney General’s opinion, public pronouncements and Mayor Alexander public pronouncements
are attached as Exhibits 1, 2, A, F, 9, B, E, G, H, I, O, 7, 10, 25, Y and M, N and D to the Complaint,
Factual Witness Testimony, Take Judicial Notice and Preliminary Injunction. They are, therefore, part
of plaintiffs’ pleadings.See Va. Supp. Ct. R. 1:4(I).
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Standing
white supremacy, through the use of the Display and the public
Steel Co. v. Citizens for Better Environment, 523 U.S. 83, 103
future. City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983).
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65. In 1964, President Lyndon B. Johnson signed the Civil Rights Act, which legally ended discrimination
and segregation that had been institutionalized by Jim Crow laws. And in 1965, the Voting Rights
Act ended efforts to keep minorities from voting.
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Cause of Action
also Moore v. Blibaum & Associates, P.A., 693 Fed. Appx. 205,
https://youtu.be/8YGsXmOCnOc
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Conclusion
Demurrer and grant plaintiffs relief they seek to which they are
of law.
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Plaintiffs Have Stated A Claim For Declaratory Judgment.
227 Va. 580, 592, 318 S.E. 2d 407, 413 (1984)(“The intent of the
issue. See Green v. Goodman-Gable-Gould Co., 268 Va. 102, 597 S.E.
declaratory judgment.
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4. The Declaration states, “We hold these Truths to be self-evident, that all Men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of
Happiness….”
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ADDITIONAL DEFENSES
on public property.
messages from its speech Displays. See Walker v. Tex. Div., Sons
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disseminate opposing messages); Griffin v. Dep’t of Veterans
Respectfully Submitted,
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CERTIFICATION OF SERVICE
By______________________
/s/MR. ROY L. PERRY-BEY
89 LINCOLN STREET #1772
HAMPTON, VIRGINIA 23669
By______________________
/s/MR. RONALD M. GREEN
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502
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