Tag: louisiana

Louisiana’s New Law Sparks First Amendment Showdown

Under Louisiana’s new, recently enacted law (HB 173), journalists and other citizens are limited in their right to film the police.

Anyone who finds themselves within 25 feet of an on-duty officer doing that – after being warned to stop or retreat – could face misdemeanor charges.

Now a group of Louisiana-based media companies is challenging the new legislation by suing the state – Attorney General Liz Murrill and two other officials – on First Amendment grounds, seeking an injunction.

The plaintiffs behind the Deep South Today v. Murrill case, brought before the US District Court for the Middle District of Louisiana, go into the importance of the media being able to cover police activity to ensure public scrutiny and avoid miscarriage of justice.

HB 173, the filing continues, “has grave implications for the ability of reporters and news organizations, including plaintiffs, to exercise their First Amendment rights.”

Although the lawsuit does not specifically mention the consequence the law could have on speech online, given that a majority of videos showing police at work get posted on the internet, the restrictions imposed by the act could also have indirect implications for that form of freedom of expression.

According to the plaintiffs, the law is unconstitutional and enables the police to prevent both journalists and the public from being close enough to document their work.

At the same time, officers are allowed to stop those filming them from approaching, either providing a reason or not, and that includes public gatherings, arrests, and reporting from the scene of an accident.

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Mayor resigns amid allegations of child rape, turns herself in to police days later but maintains innocence

A now-former Louisiana mayor facing allegations that she sexually assaulted a minor while in office says she is innocent.

Misty Dawn Clanton Roberts, 42, stands accused of one count each of rape in the third degree and contributing to the delinquency of juveniles, according to law enforcement in the Pelican State.

The defendant was arrested by Louisiana State Police and booked into the Beauregard Parish Sheriff’s Office on Thursday.

On July 27, Roberts informally resigned as mayor of DeRidder, a small town roughly 50 miles north of Lake Charles. She was in the middle of her second term as the municipality’s executive, winning reelection with 60% of the vote in 2022.

Under Louisiana state election law, the secretary of state must receive a signed and notarized letter to formally process a resignation — which reportedly had not occurred as of late last week, city officials told Lake Charles-based newspaper American Press.

The mayor quitting midterm was a bit of a whirlwind.

On July 25, Roberts sent a relatively innocuous letter to the city council announcing she would be “out of the city” for two weeks and left DeRidder Fire Chief Ken Harlow in charge as acting mayor.

But after the resignation letter, rumors swirled across the bayous.

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Louisiana Parents Sue Over Law Mandating 10 Commandments Displays in Classrooms

Last month, Louisiana Gov. Jeff Landry (R) signed a bill mandating that a copy of the Ten Commandments be displayed in all public school classrooms in Louisiana. The law, House Bill 71, requires that the religious scripture be displayed on a poster or frame sized at least 11 inches by 14 inches and in a “large, easily readable font.” 

Apparently anticipating a First Amendment challenge to the mandatory religious text, lawmakers included several provisions that attempt to strengthen the law against a constitutional challenge. For example, the law prohibits schools from using taxpayer funds to finance the posters, instead directing them to accept private donations.

The law further directs schools to display a context document that describes “the history of the Ten Commandments in American Public Education.” This requirement attempts to undermine the religious nature of the scripture, instead showing how the “historical role of the Ten Commandments accords with our nation’s history and faithfully reflects the understanding of the founders of our nation with respect to the necessity of civic morality to a functional self-government.”

While the text of the law attempts to dodge accusations that it prescribes public schools to display an openly Christian text in violation of the Establishment Clause of the First Amendment, Louisiana lawmakers openly argued that the law would put religion in Louisiana schools.

“I really believe that we are lacking in direction. A lot of people, their children, are not attending churches or whatever,” Rep. Sylvia Taylor (D–Laplace), a co-author and co-sponsor of the bill, said during a debate over the bill. “So what I’m saying is, we need to do something in the schools to bring people back to where they need to be.” Another sponsor state Rep. Dodie Horton (R–Haughton) said that the bill “seeks to have a display of God’s law in the classroom for children to see what He says is right and what He says is wrong.”

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Louisiana Governor Signs Bill Authorizing Surgical Castration For Child Sex Offenders

Louisiana Gov. Jeff Landry has signed into law a bill that would allow state judges to sentence those convicted of sex crimes against victims under the age of 13 to undergo surgical castration.

Senate Bill 371, sponsored by state Sen. Regina Ashford Barrow, is expected to take effect on Aug. 1 following the Republican governor’s signature on June 18.

The law allows Louisiana judges to punish offenders aged 17 and older with surgical castration if they are convicted of aggravated sex crimes against a victim under the age of 13.

The Department of Public Safety and Corrections will oversee the procedure, but it will not be performed if “not medically appropriate,” according to the bill.

Under the law, a court-appointed medical expert will need to determine whether the offender is “an appropriate candidate” for surgical castration within 60 days from the imposition of sentence.

“In all cases involving an offender sentenced to a period of incarceration or confinement in institution, the procedure shall be performed not later than one week prior to the offender’s release from the institution,” the legislation reads.

If an offender “fails to appear” as required by court order for surgical castration, the offender may be charged and sentenced to three to five years in prison without the “benefit of probation, parole, or suspension of sentence,” according to the new law.

The bill garnered bipartisan support in the state legislature. During a committee hearing in April, Republican state Sen. Valarie Hodges described the measure as “a consequence” for offenders guilty of committing sex crimes against children.

“It’s a step over and beyond just going to jail and getting out,” Ms. Hodges said, according to The Associated Press.

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Louisiana Governor Vetoes Bill That Would Have Let Him Pardon Past Marijuana Convictions

The governor of Louisiana has vetoed a bill that would have allowed him and future governors to issue pardons for people with past marijuana convictions.

Gov. Jeff Landry (R) rejected the legislation on Wednesday, about a month after it was approved in the legislature. It remains to be seen what he will do with separate proposals to decriminalize cannabis paraphernalia and regulate hemp products that have also been sent to his desk.

The pardon bill from Rep. Delisha Boyd (D) would have made people convicted of cannabis possession eligible for a gubernatorial pardon after paying all court costs associated with the offense, without the need for a recommendation from the Board of Pardons.

Individuals could have only received a pardon for their first possession offense, and anyone “who received such pardon shall not be entitled to receive another pardon by the governor pursuant to this Section,” the legislation says.

Kevin Caldwell, Southeast legislative manager for the advocacy group Marijuana Policy Project (MPP), said his organization is “saddened” by the governor’s veto of the bill.

“This legislation would have granted him the authority to pardon tens of thousands Louisianans who have a cannabis conviction on their records,” he told Marijuana Moment in an email. “This is a missed opportunity to help everyday citizens better their lives and economic opportunities.”

“This legislation was always about improving opportunities,” Caldwell added. “The strong bipartisan support this legislation achieved is a testament to the level of support sensible cannabis policy has in Louisiana.”

Meanwhile, the governor still has several other cannabis bills pending action.

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Louisiana becomes first state to require that Ten Commandments be displayed in public classrooms

Louisiana has become the first state to require that the Ten Commandments be displayed in every public school classroom under a bill signed into law by Republican Gov. Jeff Landry on Wednesday.

The GOP-drafted legislation mandates that a poster-sized display of the Ten Commandments in “large, easily readable font” be required in all public classrooms, from kindergarten to state-funded universities. Although the bill did not receive final approval from Landry, the time for gubernatorial action – to sign or veto the bill – has lapsed.

Opponents question the law’s constitutionality, warning that lawsuits are likely to follow. Proponents say the purpose of the measure is not solely religious, but that it has historical significance. In the law’s language, the Ten Commandments are described as “foundational documents of our state and national government.”

The American Civil Liberties Union said Wednesday it was joining Americans United for Separation of Church and State and the Freedom from Religion Foundation to file a lawsuit challenging the new Louisiana legislation.

“The law violates the separation of church and state and is blatantly unconstitutional,” the groups said in a joint statement. “The First Amendment promises that we all get to decide for ourselves what religious beliefs, if any, to hold and practice, without pressure from the government. Politicians have no business imposing their preferred religious doctrine on students and families in public schools. “

In April, State Senator Royce Duplessis told CBS affiliate WWL-TV that he opposed the legislation. 

“That’s why we have a separation of church and state,” said Duplessis, who is a Democrat. “We learned the 10 Commandments when we went to Sunday school. As I said on the Senate floor, if you want your kids to learn the Ten Commandments, you can take them to church.”

The displays, which will be paired with a four-paragraph “context statement” describing how the Ten Commandments “were a prominent part of American public education for almost three centuries,” must be in place in classrooms by the start of 2025.

The posters would be paid for through donations. State funds will not be used to implement the mandate, based on language in the legislation.

The law also “authorizes” – but does not require – the display of the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance in K-12 public schools.

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Louisiana Lawmakers Make Big Changes To State’s Medical Marijuana And Hemp Laws

Louisiana’s edible hemp industry survived a close call with state lawmakers who chose stricter regulations over a complete dismantling. Also, the state has forced the two public universities with exclusive rights to medical cannabis farming in Louisiana to transfer their duopoly to two private companies.

The revamped hemp products proposal, House Bill 952, sponsored by Rep. Dustin Miller (D-Opelousas), passed the House in a 72–30 vote and cleared the Senate 26–11 in the final hour of the legislative session Monday.

Miller’s legislation will, among other things, lower the potency of recreational hemp edibles from 8 milligrams to 5 mg of THC per serving and ban them from convenience stores that sell fuel. THC is an acronym for tetrahydrocannabinol, the psychoactive compound in cannabis.

Restaurants and bars that currently hold alcohol and hemp permits will be able to continue selling hemp products, but the bill will stop the state from issuing any new hemp permits for alcohol establishments.

Final passage came after a compromise that left both sides disappointed.

“No one likes it,” Miller told his colleagues as they peppered him questions and expressed frustration with the final version. He said he was backing the compromise proposal because that was the commitment he made with some lawmakers who supported a competing proposal that would have criminalized all recreational THC products and dismantled the entire hemp industry.

Rep. Jason DeWitt (R-Boyce) criticized the legislation for arbitrarily banning hemp only from convenience stores that sell fuel.

“We’re gonna discriminate against stores that sell fuel versus ones that do not?” DeWitt asked. “We gave them a permit, and we’re basically gonna put them out of business?”

Miller agreed the ban doesn’t make much sense but said it was a way to appease the bill’s opponents who wanted hemp banned from all convenience stores.

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National ARM’s Grand Jury Petition ‘Vaccine’ Crime Evidence Being Sent to Louisiana and West Virginia Governor and Attorneys General

As a board member of the National American Renaissance Movement, I am pleased to announce that National ARM is sending a 92 page Grand Jury petition containing evidence of C19 ‘vaccine’ crimes to the Governor and the State Attorney General of Louisiana and West Virginia. National ARM’s Grand Jury Petitions State that C19 shots should be, “Banned Immediately and Criminal Investigations Should Begin”

Missouri brings the total to 25 states to receive the Grand Jury Petition. Note: this is not litigation. This is an attempt to spur appropriate investigations by providing evidence and to hopefully prompt someone to do their job…

Previously, this evidence was submitted to the Governors, Attorneys General, in Missouri, Hawaii, Kentucky, and Massachusetts New York, Virginia, Oregon and South Dakota, Washington State and Nevada, Indiana, Georgia, Arizona, Pennsylvania, New Mexico, South Carolina, Ohio, California, Tennessee, Texas, Idaho, Florida and New Jersey

This document was prepared by National American Renaissance Movement President, and NJ criminal defense and trial attorney, David Meiswinkle. This 92 page document lists 153 exhibits of evidence and asserts that state and federal crimes have been committed. This document demands an immediate ban of C19 ‘vaccines’ and calls for criminal investigations. The document also lists persons of interest.

Crimes include, murder, racketeering, biological weapons laws violations, treason, and genocide. National ARM intends to submit evidence of vaccine crimes to local prosecutors and law enforcement in all 50 states. This is partly about removing plausible deniability.

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He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.

On a Friday in March 2020, a dozen or so sheriff’s deputies wearing bulletproof vests descended upon Waylon Bailey’s garage at his home in Forest Hill, Louisiana, with their guns drawn, ordered him onto his knees with his hands “on your fucking head,” and arrested him for a felony punishable by up to 15 years in prison. The SWAT-style raid was provoked by a Facebook post in which Bailey had made a zombie-themed joke about COVID-19. Recognizing the harm inflicted by that flagrantly unconstitutional arrest, a federal jury last week awarded Bailey $205,000 in compensatory and punitive damages.

“I feel vindicated that the jury agreed that my post was satire and that no reasonable police officer should have arrested me for my speech,” Bailey said in a press release from the Institute for Justice, which helped represent him in his lawsuit against the Rapides Parish Sheriff’s Office and Detective Randell Iles, who led the investigation that tarred Bailey as a terrorist based on constitutionally protected speech. “This verdict is a clear signal that the government can’t just arrest someone because the officers didn’t like what they said.”

On March 20, 2020, four days after several California counties issued the nation’s first “stay-at-home” orders in response to an emerging pandemic, Bailey let off some steam with a Facebook post that alluded to the Brad Pitt movie World War Z. “RAPIDES PARISH SHERIFFS OFFICE HAVE ISSUED THE ORDER,” he wrote, that “IF DEPUTIES COME INTO CONTACT WITH ‘THE INFECTED,'” they should “SHOOT ON SIGHT.” He added: “Lord have mercy on us all. #Covid9teen #weneedyoubradpitt.”

The Rapides Parish Sheriff’s Office snapped into action, assigning Iles to investigate what he perceived as “an attempt to get someone hurt.” According to a local press report, the authorities were alarmed by “a social media post that promoted false information related to the ongoing COVID-19 pandemic.” In response, “detectives immediately initiated an investigation,” and as a result, Bailey, then 27, was “arrested for terrorism.”

Another news story reported that Bailey “was booked into the Rapides Parish Detention Center on one count of terrorizing.” William Earl Hilton, the sheriff at the time, explained why, saying he wanted to “impress upon everyone that we are all in this together, as well as remind everyone that communicating false information to alarm or cause other serious disruptions to the general public will not be tolerated.”

Bailey’s joke was deemed to pose such a grave and imminent threat that Iles did not bother to obtain an arrest warrant before nabbing him, just a few hours after Bailey’s facetious appeal to Brad Pitt. But in a probable cause affidavit that Iles completed after the arrest, the detective claimed that Bailey had violated a state law against “terrorizing,” defined as “the intentional communication of information that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the general public.”

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Opelousas Police officer involved in shooting police chief turns herself in, sheriff reports

An Opelousas Police officer involved in a domestic shooting incident has surrendered to the St. Landry Parish Sheriff’s office, according to a news release.

Officer Savannah Butler, 42, turned herself in Jan. 1 at the parish jail but then posted bonded of $22,000, according to Sheriff Bobby J. Guidroz.

According to the release, a domestic issue Dec. 22 led to the negligent shooting of Opelousas Police Chief Graig LeBlanc and his wife, Capt. Crystal LeBlanc of the St. Landry Parish Sheriff’s Office. The investigation revealed that LeBlanc and his wife were shot at Butler’s home on Garnet Drive. 

Crystal Leblanc went to Butler’s home Dec. 22 to speak to her husband, according to the release. Chief LeBlanc walked outside, and the two began arguing. Butler then entered the doorway armed with a gun.  

Chief LeBlanc put his hand in front of Butler’s weapon to retrieve the gun and was shot in the hand, the release said. The bullet then traveled through his hand and hit his wife in the arm. After being shot, both admitted themselves to local hospitals. The LeBlancs were treated then released pending additional medical treatment.

The investigation revealed that Butler cleaned up the scene to cover up evidence prior to notifying the sheriff’s office, which constituted the charge of obstruction of justice.  

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