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HomeMy WebLinkAboutNon-Discrimination Ordinance Public Comment from William Wolf 5-14-14 r William K Wolf PO Box 10863 l i;]'+ (; ;' 1 7 i ; L 3 Bozeman Montana, [59719] (406) 570-5202 Plaintiff, sui juris BY (l y T'1 �i IN THE EIGHTEENTH JUDICIAL DISTRICT COURT FOR THE STATE OF MONTANA, COUNTY OF GALLATIN William K Wolf, ) CAUSE NO: Plaintiff, ) V. ) Motion for Temporary Stay of Vote on City of Bozeman City of Bozeman, Montana ) Ordinance 1890 Defendant(s). ) MOTION FOR A TEMPORARY STAY OF VOTE ON ORDINANCE 1890 UNTIL THE REVIEW OF THE PROPOSED ORDINANCE BY STATE AGENCIES OR COURTS I, William K. Wolf, representing as sui juris, in propria persona, is stantem in iudicialis2 with good intent, clean hands, amicability, good faith, in peace and without vexation; brings forth the following MOTION FOR Temporary Stay against defendant City of Bozeman's, (here by referred to as the city) vote on Ordinance 1890 supported by the following brief. 1 Principal: leading;highest in importance;the more worthy;in propria persona: in his own person;person: persons in law are either natural or artificial.Natural persons are such as the God of nature formed us;artificial persons,such as are created and devised by human laws for the purposes of society and government—corporations or bodies politic which derive their existence and powers from legislation. William C. Anderson Dictionary of Law 1893(A Dictionary of Law Consisting of Definitions and Explanations of Words,Phrases and Maxims and Exposition of the Principals of Law Comprising a Dictionary and Compendium of American and English Jurisprudence by William C.Anderson, of the Pittsburgh Bar. Chicago:H.Flood&COMPANY,Law Publishers 1893) 2 siantem in iudicialis,Latin for Judicial Standing in the Case BRIEF I. INTRODUCTION Plaintiff William K Wolf, a resident of Gallatin County Montana, brings forth this Motion for Temporary Stay in the matter of the Vote on the Provision Adoption of Ordinance 1890 Prohibiting Discrimination on Basis of Sexual Orientation and Gender Identity or Expression. ARGUMENT MCA: 7-1-113.Consistency with state regulation required. 7-1-113.Consistency with state regulation required.(1)A local government with self- government powers is prohibited the exercise of any power in a manner inconsistent with state law or administrative regulation in any area affirmatively subjected by law to state regulation or control. (2)The exercise of a power is inconsistent with state law or regulation if it establishes standards or requirements which are lower or less stringent than those imposed by state law or regulation. (3)An area is affirmatively subjected to state control if a state agency or officer is directed to establish administrative rules governing the matter or if enforcement of standards or requirements established by statute is vested in a state officer or agency. Ordinance NO. Text 1890 (See Exhibit A) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROHIBITING DISCRIMINATION ON THE BASIS OF ACTUAL OR PERCEIVED SEXUAL ORIENTATION OR GENDER IDENTITY OR EXPRESSION, CREATING A CAUSE OF ACTION IN THE BOZEMAN MUNICIPAL COURT, AUTHORIZING THE MUNICIPAL COURT TO FASHION CIVIL REMEDIES INCLUDING INJUNCTIVE RELIEF, AND CREATING A TIME LIMIT UNDER WHICH A CLAIM MAY BE FILED,AND ESTABLISHING AN EFFECTIVE DATE. Montana Code Annotated clearly establishes the limits of a local self-governing body as described in MCA 7-1-113 above. The city ordinance lowers the standard established by the state legislature in MCA Title 49. Human rights et. al. (See Exhibit B) Furthermore,the city attempts to circumvent the Montana Civil Rules of Procedure by attempting to establish"exclusive jurisdictions of the municipal court." Ordinance 1890 24.10.080 Violations/Civil Remedy A.B. Pursuant to sections 3-6-103 and 3-11-103 Montana Code Annotated Vviolations of sections 24.10.040 through 24.10.070 Bozeman Municipal Code not unless otherwise specifically addressed bysubject to Montana State law, are to be civil municipal ordinance violations. Only the person claiming a violation of one or more these sections, or that person's authorized representative, may seek enforcement of this chapter through a civil proceeding within the exclusive jurisdiction of the bBozeman mMunicipal cCourt. The Montana Rules of Civil Procedure shall apply, except and unless the Bozeman mMunicipal cCourt establishes alternative rules of civil procedure for matters within the exclusive jurisdiction of the Bozeman mMunicipal cCourt. Furthermore,the city places an accused in double jeopardy in violation of the Constitution of Montana—Article II—Declarations of Rights Section 25. Section 25.Self-incrimination and double jeopardy.No person shall be compelled to testify against himself in a criminal proceeding. No person shall be again put in jeopardy for the same offense previously tried in any jurisdiction. CONCLUSION The list of violations of MCA 7-1-113 is excessive and extensive. The violations would fill many pages of this MOTION for Temporary Stay on the Vote on the City of Bozeman Ordinance 1890. I am not asking this court to rule on the intent of the Ordinance 1890 but to grant a stay to determine if Bozeman Ordinance 1890 is consistency with laws established by the State of Montana by the appropriate State of Montana agency or judicial jurisdiction. It is the plaintiff's contention that the Bozeman Ordinance 1890 exceeds the scope of local self-government and allows the city to establish exclusive jurisdictional jurisdictions in matter of law that are reserved exclusively to the State of Montana district courts. To that extent, I petition this court to issue a temporary 180-day stay on the vote by the City of Bozeman Commissioners, thereby allowing the lawful review of Ordinance 1890 by the appropriate state agency or judicial jurisdiction. DATED this day of 2013. William K. Wolf sui juris, in proprai persona All rights reserved. PO Box 10863 Bozeman Montana [59719] (406)570-5202 IT IS ORDERED THAT: There is enough probable cause for this court to believe that a Temporary Stay of the Vote on Bozeman City Ordinance 1890, for 180 days, is warranted to allow the appropriate State of Montana agency or judicial jurisdiction to review Bozeman Ordinance 1890 is in compliance with the consistency of state regulations. Dated , 2014 District Judge Cc: Bozeman City Attorney