News
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- Written by: John Paff
- Category: Open Government Advocacy Project
On July 25, 2012, the New Jersey Supreme Court ruled on an Open Public Meetings Act (OPMA) case that may have significant, long-term implications and may identify aspects of the OPMA that may need to be clarified by the New Jersey Legislature.
In McGovern v. Rutgers, the Supreme Court unanimously agreed to reverse the Appellate Division's February 18, 2011 ruling on the case. Both the Supreme Court and Appellate Division decisions are on-line here.
The highlights of the Supreme Court's ruling are:
Sequencing
The Appellate Division found that it violates the OPMA for a public body to open a public meeting, then immediately go into closed session for an indeterminate period, and then return to public session. The Appellate Division found that members of the public who arrive at the meeting when they believe the closed session might end "run of the risk of important business being conducted" prior to their arrival. This, according to the Appellate Division, "deter[s] the very public participation that Act is designed to promote."
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- Written by: John Paff
- Category: Open Government Advocacy Project
On March 12, 2012, I filed an Open Public Meetings Act (OPMA) lawsuit against the Englewood Cliffs (Bergen County) Board of Education. The lawsuit is on-line here. After I filed a motion for summary judgment (my brief is on-line here), the Board indicated that it wanted to settle the case.
On June 22, 2012, I entered into a settlement agreement under which the school board agreed to improve its Open Public Meetings Act compliance and reimburse me $250 for my filing fees and miscellaneous costs. The Consent Judgment, which specifies the terms of compliance, is on-line here.
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- Written by: Jay Edgar
- Category: Candidates and Elections
We still have petitioning to do to get Gary Johnson on the ballot!
Petitions are posted at http://njlp.org/uploads/petitions
A guide to petitioning is posted here.
Gary has downladable flyers available at his website.
Once your petition is complete contact me at
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- Written by: Sussex County Angel
- Category: Latest News
So on Saturday I headed up to the Asbury Park Civil Disobedience Swimsuit Party, which ended up being a celebration as the 1958 ordinance was repealed a few days prior to the event. It seems that the City Council may not have wanted the press that comes with a scantily clad protest.
The ordinance said: “No person clad in bathing attire shall be on the boardwalk or the public walks adjacent thereto.”
Since that changed, most of us expected no one would be arrested. It seemed we were wrong.
Steven Ettinger has a hearing to decided whether charges will be pressed. The hearing is July 27th, 2012, at 10 am at the Asbury Park Court. Steve has created a chipin asking for donations as he has a 9 hour trip (round trip) to get to the court. He may need even more if he is charged as he may be looking at a $1,000 fine.
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- Written by: Mark Richards
- Category: Letters to Editor
Published in the Suburban Trends, July 1st, 2012
Dear editor:
At the outset of this letter, let me state as I have in the past that I do not believe in "public education" (government-run schools).
It is a socialist concept from beginning to end. The idea that government at the local, all the way up to the federal level, should confiscate the earnings of some to benefit the children of others is simply wrong – let’s be real, it is a form of stealing!
Education, like health care, is a good or service that should be handled in a private competitive manner, the assumption that either one is a "right" implies that someone else is compelled to pay for it (via taxation) against their will.
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- Written by: John Paff
- Category: Latest News
Frank Colandrea, owner of Viamare LLC will finally get to establish a pizzeria and Chinese restaurant at 131 N. Gaston Avenue. Thus says the Appellate Division of the New Jersey Superior Court in a decision issued today, July 5, 2012.
According to the opinion, Viamare applied to the Zoning Board in 2005 to rehabilitate a dilapidated motor vehicle service station into a "commercial/retail building." That application, after five public hearings, was approved on August 16, 2006. In late 2008 or early 2009, Viamare went back to the Borough for permission to put a pizzeria and Chinese take-out restaurant in the rehabilitated building but was denied by Zoning Official Frank Vuoso who held that a parking space variance was required.
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- Written by: John Paff
- Category: Police Accountability Project
Those interested in the actions of the Woolwich Township Gloucester County) police may wish to read pages 2 through 9 of U.S. District Court Judge Joseph E. Irenas' April 3, 2012 opinion in the civil case of Terence Jones v. Sean Dalton, et al, Civil Action No. 09-138.
At issue was Woolwich police officer Michael Schaeffer's February 4, 2007 motor vehicle stop of Terrence Jones, a former Philadelphia police officer who is African American. According to the opinion, Schaeffer was extremely antagonistic toward Jones and conducted a fruitless, warrantless search of Jones' vehicle despite Jones' refusal to consent to a search. After Jones filed an Internal Affairs complaint against Schaeffer, the Gloucester County Prosecutor's Office (GCPO), without interviewing Schaeffer, filed criminal charges against Jones for giving false information to police. The charges were brought against Jones after the GCPO's investigator, Captain John Porter, "meticulously compared the [Motor Vehicle Recording of Schaeffer's traffic stop of Jones] to Jones' letters and decided to charge the victim [i.e. Jones] despite clear violations of police procedure and the Constitution." Opinion, Page 10. Gloucester County Prosecutor Sean Dalton authorized the criminal charges. (Id, Page 9)
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- Written by: Webmaster
- Category: Latest News
In Asbury Park there is a decades old law banning bathing suits.
"No person clad in bathing attire shall be on the boardwalk or the public walks adjacent thereto, ..."
The chairwoman of the local Asbury Park Republican Party, Louise Murray, is offended by the way people dress and is willing to use force to have people cover up. She wants the law enforced.
In light of Murray's inclination to have the police use threats of violence, fines, and caging on peaceful people, a Swimsuit Party has been planned for July 14th on Ocean Avenue in Asbury Park. The current schedule of events are:
12:00 PM Press Conference
12:30 PM Live Music
1:00 PM Catwalk Swimsuit Fashion Show (anyone can participate)
2:00 PM Live Music and Dancing
The organizers have a Twitter feed and a facebook event page.
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- Written by: Libertarian Party
- Category: Latest News
Why Ron Paul Supporters Need the Libertarian Party
When Dr. Rand Paul ran for U.S. Senate in Kentucky, many of his fund-raising appeals were sent to the donors and supporters of his father, Congressman Ron Paul. They were designed to convince Ron’s supporters that the apple doesn’t fall far from the tree. That Rand was, like his legendary father, a steadfast champion of liberty.
But no true libertarian, no true friend of liberty, and no true blue Tea Partier could possibly even consider, much less actually endorse or approve of, the Father of Obamacare, Big Government tax and spender, Republican Mitt Romney.
Especially the son of Ron Paul, who has no excuse.
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- Written by: Frank Fiamingo
- Category: Latest News
From Jack Fiamingo, our friend from the NJ Second Amendment Society:
We are working in conjunction with the ANJRPC and other New Jersey RKBA groups to spread the word about this legislation. Please send, emails and faxes and make phone calls to all the members of the NJ Assembly LAW & PUBLIC SAFETY COMMITTEE *TODAY*. Please attend the hearing tomorrow if possible. Please understand. This bill does *ABSOLUTELY* NOTHING to improve the safety of our schools. It is just one more slide down the slippery slope towards further intrusive gun-owner control.
Executive Director of the ANJRPC Scott Bach just shared this information with us. It is important to act on this *IN FORCE* and as quickly as possible.
Dedicated to responsible firearms ownership and use since 1934
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- Written by: Webmaster
- Category: Latest News
In 1999, Harry Browne penned the following article. Harry was the LP candidate for President in 1996 and in 2000. Sadly, Harry left us in 1996. His words from 1999 are still true today and apply to all of our recent interventions in the affairs of other nations. This memorial day, let us remember those who have been sacrificed by our government and avoid glorifying war. More of Harry's writings can be found at http://harrybrowne.org.
Top 10 reasons to get the U.S. out of Yugoslavia
by Harry Browne
May 3, 1999
10. You can’t save innocent people by bombing innocent people. If that seems to be the only way to solve a problem, you’re in the wrong place at the wrong time.
9. The man in the White House leading the fight against the Serbs is well known to be a congenital liar. Why in the world would we fight and die based on his version of the facts?
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- Written by: Jay Edgar
- Category: Latest News
Last week representatives Adam Smith (D-WA) and Justin Amash (R-MI) proposed amending HR-4310, (National Defense Authorization Act) to end indefinite detention of terrorism suspects and require due process for those suspected of crimes. The amendment would have ensured that the following due process rules are followed.
- Military detention. Prohibits transfer to military custody for detention of any person seized or detained in the United States under the Legislation.
- Military trials. Prohibits military trial of any person detained in the United States under the legislation.
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- Written by: Webmaster
- Category: Policy News
On Monday a bill to decriminalize possession of up to 15 grams of marijuana unanimously passed a NJ Assembly Committee. Among those to testify was Mick Erickson, our Libertarian Candidate for Congress in the 10th district.
From our friends at the Marijuana Policy Project:
In exciting news, a New Jersey Assembly Committee voted 7-0 yesterday to approve Assembly Bill 1465, a bill that would reduce penalties for marijuana possession. The full Assembly will vote on this sensible bill on Thursday.
Please click here to contact your assemblymembers in support of this proposal today!
Assembly Bill 1465 would make possession of one-half ounce, or 15 grams, of marijuana a summary offense similar to a parking ticket. Currently, those caught with small amounts of marijuana face up to six months in jail and a $1,000 fine.
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- Written by: Jay Edgar
- Category: Police Accountability Project
Thanks to CATO's Police Misconduct Reporting Project for pointing me to this story.
A former Jersey City man who accused a police officer of excessive force in 2005 is set to receive $185,000 in a legal settlement that the City Council is scheduled to approve this week.
Samy Gattas sued the city, the Police Department, Police Chief Tom Comey, and several officers in federal court, accusing them of violating his civil rights during a 2005 incident in which he was handcuffed and charged with a disorderly persons offense after a verbal dispute with a police officer.
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- Written by: Jay Edgar
- Category: Open Government Advocacy Project
I recently submitted an Open Public Records Act (OPRA) request for two months worth of Upper Freehold Township Committee meeting minutes as both an effort to learn what is going on in my town and to test my town's adherence to the OPRA law. As a result of my request and findings I wrote a letter to the Township pointing out deficiencies and recommending changes to their process. I've uploaded copies of my correspondence and the responses to http://njlp.org/uploads/UFTOPRARequest.pdf.
I found the township to be deficient in three main areas.
Tardy and Incomplete Responses To OPRA Request
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- Written by: John Paff
- Category: Open Government Advocacy Project
The Borough of Englewood Cliffs (Bergen County) wishes for me to pay up to $339.79 for the audio recording of a December 8, 2010 Borough Council meeting. The Borough posits that the meeting was recorded on audio tape and that since the Borough now uses CD technology, it needs to use a private vendor, at $135 per hour, to duplicate the 2.5 hour meeting recording.
My OPRA request, the Borough's response and my reply to that response are on-line here.
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- Written by: Jay Edgar
- Category: Preempted Ordinance Repeal Project
On May 8th, Allentown Borough enacted a loitering ordinance.
It shall be unlawful for any person under the age of 18 years to loiter, idle, wander, stroll or play in or upon or to remaining in or upon the public streets, highways, roads, alleys, parks, playgrounds, public places and public buildings, places of amusement and entertainment, church parking lots, places of business carried on for profit to which the public is invited, vacant lots or other public places, either on foot or in any vehicle within the confines of the Borough on every day of the week, provided that the provisions of this section shall not apply to a minor when accompanied by his parent, guardian or other adult person having custody, care and control of the minor, or in the event the minor is upon an emergency errant or legitimate business directed or consented to by his parent, guardian or other adult person having care and custody of the minor.
The New Jersey Libertarian Party opposes such laws on the grounds that they violate a citizen's right to peacefully assemble. In addition, in the state of NJ, such laws have been deemed illegal by the courts.
I've sent a letter to the Borough Council pointing out the illegality of their ordinance. The letter was also sent to the Borough Attorney.
In the event that Allentown Borough does not repeal this law, I wll personally assist anyone charged with this in fighting this violation of the civil liberties of our youth.
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- Written by: Eric Hafner
- Category: Latest News
UPDATE: John Paff wrote a letter to the Presiding Judge of the Monmouth County Municipal Courts concerning this matter.
A municipal Judge in Middletown Township, NJ (Monmouth County) is renting his law office from the Municipal Prosecutor - a conflict of interest that means any case they have ever handled is now questionable. This story reeks of New Jersey political corruption and cronyism.
While facing a prosecution in Middletown Township Municipal Court relating to my usage of Medical Marijuana (that my doctor in California recommends I use in the treatment of my serious illness - but that's a separate issue entirely) I have become aware of some facts regarding the operation of the court that draws into serious question whether or not any defendant can receive a fair trial in Middletown Township.