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The statues under dispute
Conjoined City of Quincy images of the statues
The lawsuit filed by the American Civil Liberties Union, Americans United for Separation of Church and State, and The Freedom From Religion Foundation on behalf of a number of local taxpayers over Quincy Mayor Thomas Koch’s secretly planned and readily arguable misuse of public funds to feed his apparent Agalmatophilia fetish via his plans to install statues of patron saints of his faith on the soon to be completed new City of Public Safety headquarters building returns to court tomorrow for a motion hearing.
What will be heard tomorrow follow.
One item is a motion by the City of Quincy to dismiss the lawsuit.
Harvard’s Johnston gate
Image via dreamstime.com
Quincy Quarry’s view is that the City of Quincy’s motion to dismiss is unlikely to be granted as the plaintiff’s legal team which is heavily stocked with various honors graduates of Harvard law school as well as backed by all manner of serious expertise in such matters has filled a very compelling brief that the dispute should go to trial should the City of Quincy not opt to fold its tent and as it should as it has basically bupkis to argue in its defense.
Further, the City of Quincy is represented by the City of Quincy’s City Solicitor who has a woeful and long record of losing in court pressing consequential disputes on behalf of the Koch Maladministration along with amicus curie support provided by an attorney retained by the police and firefighter unions.
The City of Quincy and first responders legal team
An old Columbia Pictures still image
Key among the Solicitor’s pleadings that a statue of the winged Archangel who is the Roman Catholic Church’s patron saint for police along with the canonically as well as also well-turned out iconographically statute of the Roman Catholic patron saint for firefighters are not religious statutes.
In turn, the plaintiffs are only reasonably arguing that the statues are clearly religious statues and thus variously proscribed from being placed on a public building as well as not to be paid for with taxpayers money as was done by Mayor Koch on the down low.
Even so, the unions’ local shop stewards have submitted affidavits calling for the statues to be allowed as manners of emotional support talismans as well as given that the privately-owned Boston firefighter union hall is named after their patron saint.
The statues legal team also proposed a hypothetical string of arguments that are better seen as to be considered by appellate courts as trial courts are supposed to abide by established law.
If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell.” — Carl Sandburg
“Do you sweat to tell the whole truth …”
Image via -dailymotion.com
In short, the defendants arguments chances for prevailing with their arrangements are on the order of a can of gasoline surviving an out of control five alarm called for a two car garage fire.
Conversely, the plaintiffs are looking likely to see their motion to impose a do not install the statues injunction granted.
That and that the their injunction request remain in place until the case is eventually adjudicated.
As such an injunction request is only reasonable to seek as well as will neither cause any undo impediment(s) to opening the public safety building once completed nor give rise to any consequential extra cost — in fact, granting the injunction motion would mitigate both installation and removal costs should in time the court decide that the statutes violate applicable law, the injunction motion request will likely be granted.
The plaintiffs also motioned for the judge to promulgate a declaratory judgement which would layout out the facts of the matter per applicable law such that the judge would be posing how a trial will likely play out. This motion would also appear likely to be granted as it would likely yield an expeditious resolution of the dispute in trial court even if it is only reasonable to assume that Mayor Koch would yet again appeal an adverse for him court decision.
Again, the judge is the one deciding things; however, is only reasonable to expect that the statutes will not be in place for the dedication of the new public safety headquarters as well probably not at any point thereafter.
