News
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- Written by: Jay Edgar
- Category: Policy News
Haven't our legislators learned anything? The State Assembly has unanimously passed A783, a bill that increases penalties for possession of various drugs. The goal is to go after distributors however it uses weight of material possessed as the only factor in determining seriousness of the offense. The bill decreases threshold offenses for many drugs.
Of note is the estimated financial impact: "Costs would total $3,393,164, in the third year following enactment, increase to $5,552,214 in the fourth year, and $7,711,264 during the fifth and succeeding years following enactment." The total financial impact is stated as being "higher than the amount estimated by the DOC by an undetermined amount."
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
The Mullica Township Committee was considering an ordinance banning dressing in clothes meant for the opposite sex, begging, lewd books, houses of ill repute, or any behavior that may have a negative impact on the quality of life of the residents.
The proposed ordinance was not only extremely vague, but would be unconstitutional. John Paff, chair of the NJLP Preempted Ordinance Repeal Project, sent a letter to the township committee pointing out that such an ordinance would be invalid. As a result of this letter and many residents questioning the need for such an ordinance, the Township Committee has tabled the ordinance.
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- Written by: By Benjamin Yount | Watchdog Radio
- Category: Selected Blogs
SPRINGFIELD, Ill. — If you had a beer with the weekend’s football games or a glass of wine after some holiday shopping, then congratulations. You celebrated the 81st anniversary of the end of Prohibition.
But even though it has been eight decades since Congress stopped trying to sober us up, big government at almost every level is still trying various prohibitions.
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- Written by: Joe Siano
- Category: Selected Blogs
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Joe Siano is an NJLP Board Member. |
“A man’s home is his castle”. In today’s politically correct and gender inclusive society we might say “A person’s home is his/her castle”. Whatever.
The formal name for this axiom is the Castle Doctrine. It derives from English Common Law and is the basis for both the Third and Fourth Amendments in the Bill of Rights. These protect Americans in their places of residence. The British honored and respected the inviolability private living spaces.
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- Written by: John Paff
- Category: Police Accountability Project
After publishing the $145,000 racial discrimination settlement between Plainfield and a police aide, I decided, just for fun, (I know. I have a pretty warped sense of what is "fun") to search the court indexes and submit OPRA requests for other interesting court cases involving Plainfield.
Today, I received the following court cases from Plainfield City Clerk Abubakar Jalloh:
Andre Crawford v. City of Plainfield, et al, Docket No. UNN-L-3184-13.
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- Written by: Webmaster
- Category: Latest News
For Immediate Release
Contact: NJLP State Chair, Patrick McKnight
November 24, 2014
NJ Libertarian Party Urges Vineland
Residents Not to Seize Judge’s Home
A Faulkner Act Petition has been created that will use eminent domain to seize the Vineland home of Superior Court Judge Julio Mendez for the purposes of erecting a hotel with a restaurant with the name of “Just Desserts.”
Judge Julio Mendez recently decided that eminent domain can be used by the Casino Reinvestment Development Authority (CRDA) to seize the property of Charles Birnbaum despite no public use threshold or specific plans for the property.
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- Written by: Webmaster
- Category: Police Accountability Project
Officer Jason Miller has been arrested for exposing himself several times to drivers he had pulled over in Newton, NJ. Five separate incidences have been investigated where Officer Miller has either exposed himself or made inappropriate statements to male drivers.
Officer Miller has been released on $35,000 bail and has been placed on unpaid leave.
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- Written by: Webmaster
- Category: Latest News
Two years ago, New Jersey's Casino Reinvestment Development Authority (CRDA) approved something called the South Inlet Mixed Use Development Project, which was intended to "complement the new Revel Casino and assist with the demands created by the resort." Two months ago, the bankrupt Revel Casino closed.
The CRDA nevertheless is still trying to condemn a three-story brick house at 311 Oriental Avenue in Atlantic City as part of that Revel-inspired project, the details of which remain vague. In fact, the CRDA can't even say what it plans to do with the lot on which the house sits.
That's OK, according to Superior Court Judge Julio Mendez, who on Monday ruled that the CRDA may condemn first and answer questions later. Jacob Sullum says the ruling shows that no one's property is safe when eminent domain becomes unmoored from the "public use" that is supposed to justify it.
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- Written by: John Paff
- Category: Open Government Advocacy Project
In a November 18, 2014 opinion, Superior Court Judge Nelson C. Johnson ordered retired Wildwood Crest Lieutenant Michael Hawthorne and Captain David Mayer to appear before him on December 12, 2014, 10:30 a.m. to explain why letters why letters discussing their "serious deceitful and/or untruthful" conduct should continue to be withheld from the public. Johnson's decision is on-line here and background information on this lawsuit is on-line here.
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- Written by: John Paff
- Category: Police Accountability Project
On December 10, 2013, the Township of Howell (Monmouth County) agreed to pay $15,000 to a Toms River man who sued a Howell Police Officer for injuring him when he was placed in a squad car.
In his suit, Douglas Kessel, vaguely claims that on January 15, 2009, an officer identified as "John Doe, Badge No. 189" "placed [him] in a the back of a squad car and . . . caused [him] to sustain severe, serious and permanent injuries."
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- Written by: John Paff
- Category: Latest News
Geoffrey D. Soriano, Esq.
Somerset County Prosecutor
40 North Bridge St
P.O. BOX 3000
Somerville, New Jersey
via e-mail to
Dear Prosecutor Soriano:
More than twenty years ago, I worked with Hillsborough resident Randy Enterline and the local chapter of the New Jersey Libertarian Party to challenge the Hillsborough Township school district's use of taxpayer money to produce a newsletter that urged voters to approve a referendum authorizing $54 million for a new high school. The effort resulted in a September 11, 1995 decision by Administrative Law Judge Solomon A. Metzger holding that the newsletter in question was "very much an advocacy piece." Accordingly, Judge Metzger held that the newsletter, even though it did not explicitly urge voters to vote "yes," was an impermissible expenditure of taxpayers' money because it attempted to sway voters' opinions.
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- Written by: John Paff
- Category: Open Government Advocacy Project
On January 13, 2014, Clinton attorney Walter M. Luers filed an Open Public Records Act (OPRA) lawsuit on my behalf challenging the suppressions and redactions the Governor's Office applied to travel documents related to the Governor's April 2013 trip to Dallas, Texas for the dedication of the George W. Bush Presidential Library and Museum. Background on that suit is on-line here.
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- Written by: John Paff
- Category: Police Accountability Project
On September 11, 2014, the Town of Belvidere (Warren County) agreed to pay $45,000 to a local woman who sued members of the Belvidere Police Department for allegedly assaulting and falsely arresting her.
In her suit, Lisa Patton said that on February 10, 2011, her daughter called police after the mother and daughter had an argument over proper dosage of the daughter's prescription medicine. According to the complaint, Patton's daughter had substance abuse issues and wanted to ingest more of the medicine than prescribed and Patton wished to limit her daughter's medication intake to the prescribed dose. Belvidere police officers Matthew Scott and Frank Tootle, III went to the family home and both Patton and her son told them that the daughter had already had her prescribed dose that day.
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- Written by: John Paff
- Category: Police Accountability Project
On April 30, 2014, the City of Atlantic City (Atlantic County) agreed to pay $200,000 to two local women, who are sisters, who sued members of the Atlantic City Police Department for allegedly beating them and unleashing a police dog on one of them.
In their suit, Shaheedah Woodall and Khadijah Woodall said that they were at Bally's Hotel and Casino on August 8, 2010 when a fight erupted on the casino floor. Shaheedah, who is partially disabled and uses a cane, was knocked to the ground during the fight and lost her cane. According to the suit, Bally's security officers made everyone leave the casino and wait outside. After the police had arrived and everything calmed down, Khadijah said that she asked the police officers for permission to re-enter the casino to retrieve Shaheedah's cane. After having been denied re-entry by several officers, the sisters claimed that Officer Natane Naylor wrapped her hands around Khadijah's neck and pushed her to the ground. The complaint alleged that Naylor, along with Officers Syed Shah, Grace Cook and Joseph Procopio then "unleashed a savage attack on Khadijah, which included numerous punches to the head and face, kicks to the ribs and midsection." Officer James Hurley then allegedly grabbed Shaheedah from behind and called her a "crippled n****r whore." Shaheedah claims that a police dog, handled by Officer Gary Stowe, then ripped into her and disfigured her left breast. Shaheedah claims that she was so scared that she lost control of her bowel functions.
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- Written by: John Paff
- Category: Police Accountability Project
On July 30, 2014, the City of Long Branch (Monmouth County) agreed to pay $175,000 to an Oceanport man who sued members of the Long Branch Police Department for allegedly applying excessive force upon him.
In his suit, Ralph Mazza said that on May 25, 2012, he was present at his sister's home when she had called police because of unwanted guests at her residence. He claimed that he "was assaulted without justification and excessive force" by Officers Alfred K. Cistaro and Joseph Kennedy "as be spoke with his sister about the summons issued to her by [police]."
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- Written by: John Paff
- Category: Latest News
The City of Trenton, like many cities across New Jersey and the nation, set an arbitrary limit on the number of taxicabs the city will license. In Trenton, City Code § 272-4(B), sets the maximum number of cabs at 82. Cities don't limit the number of bakeries or shoe stores in a town, so why taxicabs? Does this type of restriction benefit the public good or is its aim to protect existing cab owners from competition?
Similar taxicab limits have been struck down in other states for violating constitutional provisions guaranteeing equal protection under the law. In a 2013 case, Wisconsin Circuit Judge Jane Carroll found that Milwaukee's limit on taxicab licenses failed an equal protection analysis because it wasn't rationally related to the public health, safety, morals or general welfare. Judge Carroll's ruling, which is on-line here, states that the arbitrary limit on taxicabs indicates "the desire of the City to create a valuable asset for the current permit holders so that they could sell them and, as the one taxi driver indicated, retire comfortably to Florida, that's simply not a legitimate government purpose."
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- Written by: John Paff
- Category: Police Accountability Project
On July 25, 2014, Hudson County Superior Court Judge Mary K. Costello confirmed an agreement under which the Borough of East Newark (Hudson County) agreed to pay a Borough former police dispatcher and volunteer firefighter $101,000 in damages, plus attorney fees to be established by the court, to settle her lawsuit which claimed that she was repeated assaulted sexually by a Borough police sergeant. In an October 8, 2014 application to the court, the woman's attorney applied for attorney fees of $786,247.50, costs of $36,563.90 and a "contingency enhancement" of $393,123.75 for a total award of $1,215,935.15. Judge Kimberly Espinales-Maloney is scheduled to hear the attorney's application on Friday, November 7, 2014, 9 a.m. in Courtroom 807, 595 Newark Avenue, Jersey City.
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- Written by: John Paff
- Category: Open Government Advocacy Project
Today, I had a records custodian claim that she was not obligated to search beyond the walls of her office for records responsive to my Open Public Records Act request.
Since it is fairly common for custodians to take this position, I have publicly posted my response to her. I hope that this might be helpful for other requestors who encounter similar situations.
Dear Records Custodian:
As you know, I submitted an Open Public Records Act request for a settlement agreement that resolved a civil lawsuit against the municipality. You had initially responded that "no settlement [is] available for this case."