Subject:  Civil Rights action in EMF cases? (Hawk).
Date:     Sat, 14 Oct 2000 035641 -0500
From:     Roy Beavers 
To:       guru 
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.........From EMF-L..........

A new idea regarding the possible legel options.......guru.......

-------- Original Message --------
Subject: Re: Update: Thurmont debates antenna proposal (Hill)..
Date: Sat, 14 Oct 2000 02:05:19 -0400 (EDT)
From: kathyhawk@webtv.net (kathy hawk)
To: roy@emfguru.com

Roy:

Regarding the Thurmont Board of Appeals hearing, placing a time limit on
residents sounds like a civil rights violation, does it not?  These
residents are not trained public speakers.  It takes most people a few
minutes just to organize their thoughts.  And how does the Board know
when one of those folks is going to say something that is relevant?  How
does the Board know what someone is going to say period?  When it's a
right, time doesn't enter into the matter (but we all know money does).
The Board should have listened to everything even if it took 30 more
evenings. They can always, when making the decision, say: " Boy, wasn't
that last guy off-he-wall?"  What the Board does know is that by
restricting or preventing testimony, it is limiting the record for an
appeal.  But, how about another kind of appeal?

Here's one for the lawyers in the group.  Why not a civil rights action
in a case like this?  If the Board voted to time-restrict testimony,
could  the residents not sue the individuals on the Board. And, how
about the Board's solicitor?  He knows better even if the Board does
not. 

I just happen to be in a similar situation myself.  Any legal input
would be greatly appreciated, and I assure you, I will use it in court
(United States District Court For the Western District of Pennsylvania).
I will use it for the benefit of all . It's time we put our money where
our mouth is and teach them a lesson they won't forget.

Thank you.

Kathy Hawk


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Reprinted with permission of Roy Beavers, http://www.emfguru.com