Attorney General Illegal Posting Update?

[TexasCajun]

Even if the OAG finds in favor of the complainant, there would still have to be a hearing and possible trial before any fines would be levied. Even if it's later than we would like, the fact that action is taking place is a good thing.

I do agree with the idea that once a couple of big fish land in hot water, it will encourage other entities to take a closer look at what they're doing.

[Abraham]

rtschl,

Sarcasm or ...?

[JP171]

Even if the OAG finds in favor of the complainant, there would still have to be a hearing and possible trial before any fines would be levied. Even if it's later than we would like, the fact that action is taking place is a good thing.

I do agree with the idea that once a couple of big fish land in hot water, it will encourage other entities to take a closer look at what they're doing.

Problem being is that NOTHING is happening and the AG's office is NOT doing their job, no investigation no lawsuits filed no letters written NOTHING, what part of that don't you people understand? The Houston Zoo was reported and still has the signs up, the county governments of multiple counties have bee reported and still Kenny's office has done NOTHING! this crap gotta stop plain pure and simple the AG's office needs to be compelled to get off their collective duff and so instructed to do what its supposed to be doing

[Pariah3j]

Even if the OAG finds in favor of the complainant, there would still have to be a hearing and possible trial before any fines would be levied. Even if it's later than we would like, the fact that action is taking place is a good thing.

I do agree with the idea that once a couple of big fish land in hot water, it will encourage other entities to take a closer look at what they're doing.

Will it require a trial ? I expected this would work like a civil fine, such as a speeding ticket or a parking ticket. You can attempt to fight it in court, but if you know your wrong and the deck is stacked against you, do you bother ?

[Charles L. Cotton]

The AG's Office IS doing their job on this. It's just not as fast as we here would like. Apparently several people have gotten letters from the AG that were sent to the offending cities (Fort Worth in my complaint about the Fort Worth Zoo). See topic here: http://www.texaschlforum.com/viewtopic.php?f=94&t=82960

If they are doing their job, how many cities or counties have been fined for not removing illegal signs?
Do we even know if the AG has followed up once they send a letter to a city or county, or if it just stops there?

You do realize that the AG cannot fine anyone, right? This requires a lawsuit, a victory in court, and a judge's order.

Chas.

[MeMelYup]

I don't think the signs will come down until it is taken to court. When they receive the court notice they will take the sign down and tell the court they complied. Then want to know what all the hassle is about.

[JALLEN]

If they are doing their job, how many cities or counties have been fined for not removing illegal signs?

And that right there is all you really need to know. If the AG was doing his job, signs would be coming down, fines would be assessed, etc. All it will take is one round of fines, and then all the municipalities playing games will rethink their positions.

There is no provision in the law for the state to reimburse counties and cities for any fines they may be ordered to pay. Fines would just cause them to have to raise taxes. Nobody wants that, especially if it means taking down their signs, too.

[Jago668]

Personally think anyone that orders a sign up like that should be fired and barred from any government job in the state. No re-election, no switched to a different department, no retirement, no benefits, no "I didn't know I couldn't". If I drive 70 in a 35 I can't tell the officer I didn't see the sign or I didn't know it applied to me.

[mr1337]

Personally think anyone that orders a sign up like that should be fired and barred from any government job in the state. No re-election, no switched to a different department, no retirement, no benefits, no "I didn't know I couldn't". If I drive 70 in a 35 I can't tell the officer I didn't see the sign or I didn't know it applied to me.

Or as cops like to say often: "Ignorance of the law is no excuse."

On top of the fine to the municipality, add a fine to the individual who unlawfully posts the sign. I bet you there would be fewer signs put up by government officials. But heck, make the fine apply to private citizens who post the sign on government property as well. That might put an end to the Dallas and FW zoos from keeping theirs up. I doubt they care if the city gets fined.

[RossA]

The AG's Office IS doing their job on this. It's just not as fast as we here would like. Apparently several people have gotten letters from the AG that were sent to the offending cities (Fort Worth in my complaint about the Fort Worth Zoo). See topic here: http://www.texaschlforum.com/viewtopic.php?f=94&t=82960

If they are doing their job, how many cities or counties have been fined for not removing illegal signs?
Do we even know if the AG has followed up once they send a letter to a city or county, or if it just stops there?

You do realize that the AG cannot fine anyone, right? This requires a lawsuit, a victory in court, and a judge's order.

Chas.

Exactly my point. No action on the part of the AG means that no suits will be filed, no victories, no judgments from a court, no difference in the status quo.
A first year law student could win these cases. There are no defenses to them. Even if the signs were put up "innocently" and in ignorance, the required complaint by a citizen, and then followed up by the AG takes away that ignorance. It is a strict liability law. You post the sign, you don't remove it when you're made aware of it, you're guilty.

[rtschl]

rtschl,

Sarcasm or ...?

Abraham, no sir. I think I presented a reasonable defense of the AG in the thread I linked to above. Would I wish it was faster. Absolutely! Would that be reasonable on my part. No it would not.

[Charles L. Cotton]

The AG's Office IS doing their job on this. It's just not as fast as we here would like. Apparently several people have gotten letters from the AG that were sent to the offending cities (Fort Worth in my complaint about the Fort Worth Zoo). See topic here: http://www.texaschlforum.com/viewtopic.php?f=94&t=82960

If they are doing their job, how many cities or counties have been fined for not removing illegal signs?
Do we even know if the AG has followed up once they send a letter to a city or county, or if it just stops there?

You do realize that the AG cannot fine anyone, right? This requires a lawsuit, a victory in court, and a judge's order.

Chas.

Exactly my point. No action on the part of the AG means that no suits will be filed, no victories, no judgments from a court, no difference in the status quo.
A first year law student could win these cases. There are no defenses to them. Even if the signs were put up "innocently" and in ignorance, the required complaint by a citizen, and then followed up by the AG takes away that ignorance. It is a strict liability law. You post the sign, you don't remove it when you're made aware of it, you're guilty.

Tell me the basis of your statement that the AG's office is taking no action.

Chas.

[RossA]

The law has been in effect for over six months. Seen any lawsuits? If you have then I stand corrected. If you have not, then I am correct (as are others) that no action is being taken.

[JP171]

The law has been in effect for over six months. Seen any lawsuits? If you have then I stand corrected. If you have not, then I am correct (as are others) that no action is being taken.

the Houston zoo still has signs up, the livestock show and rodeo has them up at all entrances to NRG park or what ever its called this week and even went as far as having the local TV stations advertise that they intended to ignore the law and become criminals, county multi use building still have them up, GCAD still has them up. so nothing is being done nor will it

[dhoobler]

Even if the OAG finds in favor of the complainant, there would still have to be a hearing and possible trial before any fines would be levied. Even if it's later than we would like, the fact that action is taking place is a good thing.

I do agree with the idea that once a couple of big fish land in hot water, it will encourage other entities to take a closer look at what they're doing.

There is another possibility. Upon being notified by the OAG that a government entity is in violation of the law, that government entity could choose to remove their signs within the fifteen day period the law allows. No trial, no fines, we win. Given the fact that Pasadena is no longer posting 30.06 at gun shows, this is quite plausible.