What would have happened if Darwin Boedecker had said "No," refused to go along with any "suggestion," and indicated his determination to hold the show without any changes or limitations? [Read]
To your question David, I'd guess the property owner would have cancelled the contract on the spot, possibly setting up an interesting civil damage claim, but we'll never know.
While I agree with the general sentiment, that the mere *presence* of APD and BATFU at the meeting might have been an intimidating factor, I think the point Alice Tripp makes at the end of the article is a good one: He agreed to something he shouldn't have.
I can't imagine running any firearms-related business without a law firm on retainer and I'm surprised Mr. Boedeker would attend a meeting with law enforcement present without that advice near at hand.
He got very little notice of the meeting. I can't tell you how many small businesses don't have lawyers at the time something happens.
And... quite frankly, a lawyer is not a magic bullet. What was he or she going to tell Darwin? You can fight this and HEB can break the contract necessitating thousands of dollars of attorney's fees against a mega-giant like HEB? Getting a TRO? Difficult and expensive.
Or...how about threatening to sue APD and ATF and incurring even more costs and nearly insurmountable (or at least costly) obstacles such as challenges to standing and claims of immunity. Lawyers don't just pop free pleadings and briefings out of their nether-regions.
Our judicial system has become an unwieldy, clumsy, expensive and mostly ineffective way to preserve our rights against government agencies (with some notable exceptions), but what do you expect when the judiciary is a part of the government and identifies more with it than it does with us?
There is a skunk or three in this pile of lumber. I do not share in the view that Boedecker is guiltless. Neither do I think any of the other players should get a pass.
When the law is beyond the reach of the citizen, his armaments are not. Something I think we need to make perfectly clear.
To your question David, I'd guess the property owner would have cancelled the contract on the spot, possibly setting up an interesting civil damage claim, but we'll never know.
ReplyDeleteWhile I agree with the general sentiment, that the mere *presence* of APD and BATFU at the meeting might have been an intimidating factor, I think the point Alice Tripp makes at the end of the article is a good one: He agreed to something he shouldn't have.
ReplyDeleteI can't imagine running any firearms-related business without a law firm on retainer and I'm surprised Mr. Boedeker would attend a meeting with law enforcement present without that advice near at hand.
Mark,
ReplyDeleteHe got very little notice of the meeting. I can't tell you how many small businesses don't have lawyers at the time something happens.
And... quite frankly, a lawyer is not a magic bullet. What was he or she going to tell Darwin? You can fight this and HEB can break the contract necessitating thousands of dollars of attorney's fees against a mega-giant like HEB? Getting a TRO? Difficult and expensive.
Or...how about threatening to sue APD and ATF and incurring even more costs and nearly insurmountable (or at least costly) obstacles such as challenges to standing and claims of immunity. Lawyers don't just pop free pleadings and briefings out of their nether-regions.
Our judicial system has become an unwieldy, clumsy, expensive and mostly ineffective way to preserve our rights against government agencies (with some notable exceptions), but what do you expect when the judiciary is a part of the government and identifies more with it than it does with us?
There is a skunk or three in this pile of lumber. I do not share in the view that Boedecker is guiltless. Neither do I think any of the other players should get a pass.
ReplyDeleteWhen the law is beyond the reach of the citizen, his armaments are not. Something I think we need to make perfectly clear.