Norfolk to pay $15,000 in Harborfest gun arrest case

[MicroBalrog]

Norfolk to pay $15,000 in Harborfest gun arrest case

NORFOLK

A Yorktown gun-rights advocate who sued Norfolk after his arrest at Town Point Park for openly carrying a handgun will receive a $15,000 payout to settle the federal lawsuit.

Chester "Chet" Szymecki Jr. sued the city after his arrest in June 2007 on a charge of violating a city ordinance prohibiting firearms at Harborfest. The city later learned that the ordinance is unenforceable because state law prohibits localities from regulating firearms.

Szymecki sued in U.S. District Court claiming violations of his Second Amendment right to bear arms, but a judge threw out that part of the case. The judge ruled, however, that city police may have violated Szymecki's privacy rights by demanding his Social Security number.

The case was scheduled for trial Tuesday.

City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.

Pishko said the police are aware of the rights of gun owners, largely because of several high-profile disputes involving gun-rights activists in Norfolk.

"I think the police are very aware, more aware than they might have been before," he said.

A federal judge threw out a related suit by Szymecki's wife, who claimed a sheriff's deputy violated her rights during her husband's arrest.
Source URL (retrieved on 12/18/2008 - 22:36): http://hamptonroads.com/2008/12/norfolk-pay-15000-harborfest-gun-arrest-case

Micro sez:

Owned. That's how it's done.

[cassandra and sara's daddy]

been better if they had gone to court   they bought him off prevented a judicial finding

[MicroBalrog]

been better if they had gone to court   they bought him off prevented a judicial finding

A valid point, but at least they admitted being wrong. Hopefully they'll learn from this and stop doing this.

Unfortunately, if I understand correctly, the process is risky and time-consuming, which means few people are willing to try this.

[French G.]

Actually the gun issue was disallowed. They settled based on the privacy issue of the cop demanding his SSN. Pure crap, Norfolk will try something again soon.

[cassandra and sara's daddy]

The city did not admit any wrongdoing, he said.

[Standing Wolf]

Hopefully they'll learn from this and stop doing this.

That's a worthy hope; unfortunately, instead of learning from stupid mistakes, government tends to mandate them by law.

[MicroBalrog]

The city did not admit any wrongdoing, he said.

You and I both know it's a standard phrase they use in settlements. "You give us $money and don't have to formally admit having done anything wrong."

[seeker_two]

Where was the NRA on this one?

[Werewolf]

A valid point, but at least they admitted being wrong. ...

City Attorney Bernard A. Pishko said the settlement avoids the high price of going to trial. The city did not admit any wrongdoing, he said.

No - the city didn't admit to being wrong. Nothing learned. Lawsuit avoided. From a purely prinicipaled POV the city won.

[MicroBalrog]

Again:

You and I both know it's a standard phrase they use in settlements. "You give us $money and don't have to formally admit having done anything wrong."

[Werewolf]

Again:

Your intuitive grasp of the thinking of the city attorneys and obvious ability to read their minds gives me pause to consider asking you to take a trip to Las Vegas with me. Those abilities would go a long way towards us both getting rich. I'd supply the money you the talent.  :rolleyes:

[MicroBalrog]

Your intuitive grasp of the thinking of the city attorneys and obvious ability to read their minds gives me pause to consider asking you to take a trip to Las Vegas with me. Those abilities would go a long way towards us both getting rich. I'd supply the money you the talent.  :rolleyes:

Will you fund the trip? It'd cost me $1500 each way. :D

[Werewolf]

Will you fund the trip? It'd cost me $1500 each way. :D

Only if you can answer this question correctly. That will prove your talent.

What day, month and year did I meet my wife?

And if you get this right I'll be calling the airlines to bring you over as quickly as possible. 

What hour of the day did I meet her.

She can't even answer the above but I remember the day I met her like it was yesterday. 

[French G.]

That's because she's still trying to forget the day silly! I'm pretty sure mine is trying to forget too. 

[seeker_two]

She can't even answer the above but I remember the day I met her like it was yesterday. 

Traumatic events can have that effect on a guy.....


 

[gunsmith]

Where was the NRA on this one?

The NRA can't do everything ( I guess ) I think VCDL ( an org so good it makes me want to move to VA )
handled it.

15 grand? sweet!

[Leatherneck]

Isn't there another similar violation case after Szymecki's? Seems to me that VCDL mentioned something more recent along similar lines...

TC

[txgho1911]

Maybe a road trip to Norfolk would be in order for a public outdoor event in which a surplus of Polite Armed Socialites like APS could attend.
What is on the local calendar there?
15k doesn't seem painful enough. The insurance they carry for liabilities may not even have been used or needed for this settlement. I would want their Ins. rates quadrupled and maybe impact the cities credit rating. Then maybe they will start paying attention.

[GigaBuist]

Isn't there another similar violation case after Szymecki's? Seems to me that VCDL mentioned something more recent along similar lines...

TC

Yeah, Dan Moore was awarded $10k previously for a similar incident.  He was also arrested for it a 2nd time.  Not sure how that one ended, or it it has, yet.

Sounds like you could make a decent living just open carrying around Norfolk, VA these days.

[gunsmith]

Sounds like you could make a decent living just open carrying around Norfolk, VA these days.

I know!, what are they thinking?

It may not be a bad idea, make em sooo dang broke they have to give us the keys to City Hall.

[vaskidmark]

Yeah, Dan Moore was awarded $10k previously for a similar incident.  He was also arrested for it a 2nd time.  Not sure how that one ended, or it it has, yet.

Sounds like you could make a decent living just open carrying around Norfolk, VA these days.

Dan goes to trial on a city trespassing charge 1/13/09.  There will be a small contingent of OCDO/VCDL supporters in the cheap seats behind the bar.  There is a thread on ocdo.org http://opencarry.mywowbb.com/forum54/19682.html which also has  link to the legal defense fund thread.  Pay no attention to the infighting about which on-line service to use to donate.

The City of Norfolk is not going to stop harassing folks over open carry until and unless there is a court case that settles things once and for all as to how the law should be interpreted.

stay safe.

skidmark