[Vision2020] Jus' When You Thought Things Couln't Get MoreStupid . . .

[Art Deco]

I think a legitimate issue has been raised by the suit, and one whose eventual resolution, if it has not been already resolved elsewhere, will have some important impacts for educational institutions.

I hope that the UI does not waste its much needed resources, especially now after the UI President's appeal to the state legislature, on this suit by hiring outside counsel.  The issue is not a complex one, and one I suspect, but do not know for sure, where recent court cases will have greatly narrowed the issues, if not decided the eventual outcome.

If the present UI Counsel and his staff are unable to effectively argue the case in court, then perhaps it is time to re-evaluate the UI Counsel and staff.  In the past, the UI has squandered much resources on outside counsel.  With all the online legal resources now available, one would hope a competent attorney could research, brief, and argue this issue without outside help.


Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID  83843

waf at moscow.com
208 882-7975

  ----- Original Message ----- 
  From: Wayne Price 
  To: Moscow Vision 2020 
  Sent: Monday, January 24, 2011 8:34 PM
  Subject: Re: [Vision2020] Jus' When You Thought Things Couln't Get MoreStupid . . .


  Tom,


  I agree with the two statements you made.  However in your "bonus round' you started talking about a "newly availed freedom", and there I have to disagree with you, that freedom has been with us 
  since December 15th, 1791, hardly "newly availed".


  Also in light of the  District of Columbia v. Heller (2008), and McDonald v. Chicago (2010), I have a feeling from reading them that the Supreme Court will eventually
  agree that in state owned housing, you can't require a citizen to give up a fundamental Constitutional right just to live there. See my comment on waiving your fundamental 
  Constitutional right to search and seizure just to live in state owned housing.




  Wayne








  On Jan 24, 2011, at 7:58 PM, Tom Hansen wrote:


    Two things, Mr. Price -

    1)  The South Hill Vista apartments are, in fact, state-owned housing.

    2)  If residents of these state-owned dwellings are permitted to store
    firearms and ammunition within these state-owned dwellings, there is
    nothing to prevent residents of state-owned dorms (including those dorm
    residents who habitually consume such copious amounts of alcohol as to
    fall out of second-floor windows) from possessing and storing firearms and
    ammunition within their dorm rooms.

    And for the bonus round, might I add that the first fatality resulting
    from this newly availed freedom may, subsequently, place the state (along
    with the State Board of Education and UI President Duane Nellis) in court
    once again . . . as defendents in a wrongful death lawsuit.

    Tom Hansen
    Moscow, Idaho





    On Mon, January 24, 2011 7:11 pm, Wayne Price wrote:

      Paul,



      If we can agree that South Hill Vista, in one way or the other is in

      fact state housing, then I can't see how a rule waiving a fundamental

      Constitutional Right in order to live in that state housing will be held

      by the court(s) to pass Constitutional review.



      I worded it above specifically to look at the issue of waiving a

      fundamental Constitutional right to take out all the possible animus

      of what can be a "hot button" topic, and strictly look at it as a

      Constitutional issue. For example, can the University of Idaho, as a

      "state" entity require people to waive the right of search and seizure

      in a state owned residence?  IF the answer is yes, that would mean a

      law enforcement agency to enter University housing, in this case South

      Hill Vista, would NOT need a search warrant. Can we live with that?







      Wayne







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