CA CIVIL AND PENAL CODES

May 1, 2007 - Tuesday

CALIFORNIA CIVIL CODES

 

52.20.  It states that it is "unlawful to stand or sit as in manner to obstruct free use by public and passage thereon….or to hinder, molest or annoy and persons in passing along the same or to obstruct…"

 

Hmmm….you mean like this?

Protest against "Humanitarian" Vincente Fox! Part 1

Protest against "Humanitarian" Vincente Fox! Part 2

Protest against "Humanitarian" Vincente Fox! Part 3

Protest against "Humanitarian" Vincente Fox! Part 4

Protest against "Humanitarian" Vincente Fox! Part 5

 

43.  Besides the personal rights mentioned or recognized in the

Government Code, every person has, subject to the qualifications and

restrictions provided by law, the right of protection from bodily

restraint or harm, from personal insult, from defamation, and from

injury to his personal relations.

 

Anyone remember Marie Calenders or Ruby's???

 

51.5.  (a) No business establishment of any kind whatsoever shall
discriminate against, boycott or blacklist, or refuse to buy from,
contract with, sell to, or trade with any person in this state on
account of any characteristic listed or defined in subdivision (b) or
(e) of Section 51, or of the person's partners, members, (highlighted below…)
stockholders, directors, officers, managers, superintendents, agents,
employees, business associates, suppliers, or customers, because the
person is perceived to have one or more of those characteristics, or
because the person is associated with a person who has, or is
perceived to have, any of those characteristics.
   (b) As used in this section, "person" includes any person, firm,
association, organization, partnership, business trust, corporation,
limited liability company, or company.
 
51.  (a) This section shall be known, and may be cited, as the Unruh
Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.
 
(e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (3) "Religion" includes all aspects of religious belief,
observance, and practice.
   (4) "Sex" has the same meaning as defined in subdivision (p) of
Section 12926 of the Government Code.
   (5) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation"
includes a perception that the person has any particular
characteristic or characteristics within the listed categories or
that the person is associated with a person who has, or is perceived
to have, any particular characteristic or characteristics within the
listed categories.
   (6) "Sexual orientation" has the same meaning as defined in
subdivision (q) of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) shall also
constitute a violation of this section.
 </o:p>
Hmmm, you mean like this?

Marie Calender's Minuteman Meeting 1 of 4

Marie Calender's Minuteman Meeting 2 of 4

Marie Calender's Minuteman Meeting 3 of 4

Marie Calender's Minuteman Meeting 4 of 4

 
More about harassment and threats…
 
51.7.  (a) All persons within the jurisdiction of this state have
the right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of
political affiliation, or on account of any characteristic listed or
defined in subdivision (b) or (e) of Section 51, or position in a
labor dispute, or because another person perceives them to have one
or more of those characteristics. The identification in this
subdivision of particular bases of discrimination is illustrative
rather than restrictive.
 
 
 
52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51, 51.5, or 51.6,
is liable for each and every offense for the actual damages, and any
amount that may be determined by a jury, or a court sitting without a
jury, up to a maximum of three times the amount of actual damage but
in no case less than four thousand dollars ($4,000), and any
attorney's fees that may be determined by the court in addition
thereto, suffered by any person denied the rights provided in Section
51, 51.5, or 51.6.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each and
every offense for the actual damages suffered by any person denied
that right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
any action brought by the person denied the right, or by the
Attorney General, a district attorney, or a city attorney. An action
for that penalty brought pursuant to Section 51.7 shall be commenced
within three years of the alleged practice.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights described in this section, and that
conduct is of that nature and is intended to deny the full exercise
of those rights, the Attorney General, any district attorney or city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint.  The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
   (d) Whenever an action has been commenced in any court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General or any district attorney or city
attorney for or in the name of the people of the State of California
may intervene in the action upon timely application if the Attorney
General or any district attorney or city attorney certifies that the
case is of general public importance. In that action, the people of
the State of California shall be entitled to the same relief as if it
had instituted the action.
   (e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification of any sort
whatsoever, beyond that construction, alteration, repair, or
modification that is otherwise required by other provisions of law,
to any new or existing establishment, facility, building,
improvement, or any other structure, nor does this section augment,
restrict, or alter in any way the authority of the State Architect to
require construction, alteration, repair, or modifications that the
State Architect otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages. This subdivision is declaratory of
existing law.
 
Hmmm…you mean like this?
 

2nd Class Citizen Part 2

2nd Class Citizen Part 3

2nd Class Citizen Part 4

2nd Class Citizen Part 5

2nd Class Citizen Part 6
 

Any officers guilty of this?  Migrant March, RP, etc…?

 

52.1.  (a) If a person or persons, whether or not acting under color
of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the
Attorney General, or any district attorney or city attorney may bring
a civil action for injunctive and other appropriate equitable relief
in the name of the people of the State of California, in order to
protect the peaceable exercise or enjoyment of the right or rights
secured.  An action brought by the Attorney General, any district
attorney, or any city attorney may also seek a civil penalty of
twenty-five thousand dollars ($25,000).  If this civil penalty is
requested, it shall be assessed individually against each person who
is determined to have violated this section and the penalty shall be
awarded to each individual whose rights under this section are
determined to have been violated.
   (b) Any individual whose exercise or enjoyment of rights secured
by the Constitution or laws of the United States, or of rights
secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief, and
other appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.
   (c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the
conduct complained of occurred or in the superior court for the
county in which a person whose conduct complained of resides or has
his or her place of business.  An action brought by the Attorney
General pursuant to subdivision (a) also may be filed in the superior
court for any county wherein the Attorney General has an office, and
in that case, the jurisdiction of the court shall extend throughout
the state.
   (d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant to
subdivision (a) or (b), ordering a defendant to refrain from conduct
or activities, the order issued shall include the following
statement:  VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER
SECTION 422.77 OF THE PENAL CODE.
   (e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the clerk of the court to mail, two copies
of any order, extension, modification, or termination thereof granted
pursuant to this section, by the close of the business day on which
the order, extension, modification, or termination was granted, to
each local law enforcement agency having jurisdiction over the
residence of the plaintiff and any other locations where the court
determines that acts of violence against the plaintiff are likely to
occur.  Those local law enforcement agencies shall be designated by
the plaintiff or the attorney for the plaintiff.  Each appropriate
law enforcement agency receiving any order, extension, or
modification of any order issued pursuant to this section shall serve
forthwith one copy thereof upon the defendant.  Each appropriate law
enforcement agency shall provide to any law enforcement officer
responding to the scene of reported violence, information as to the
existence of, terms, and current status of, any order issued pursuant
to this section.
   (f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.
   (g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to an
aggrieved individual under any other provision of law, including, but
not limited to, an action, remedy, or procedure brought pursuant to
Section 51.7.
   (h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b), the
court may award the petitioner or plaintiff reasonable attorney's
fees.
   (i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.77 of the Penal
Code, or by a proceeding for contempt brought pursuant to Title 5
(commencing with Section 1209) of Part 3 of the Code of Civil
Procedure.  However, in any proceeding pursuant to the Code of Civil
Procedure, if it is determined that the person proceeded against is
guilty of the contempt charged, in addition to any other relief, a
fine may be imposed not exceeding one thousand dollars ($1,000), or
the person may be ordered imprisoned in a county jail not exceeding
six months, or the court may order both the imprisonment and fine.
   (j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry out
the threat.
   (k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person's
speech.  An order restricting the time, place, or manner of any
person's speech shall do so only to the extent reasonably necessary
to protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.
 
52.3.  (a) No governmental authority, or agent of a governmental
authority, or person acting on behalf of a governmental authority,
shall engage in a pattern or practice of conduct by law enforcement
officers that deprives any person of rights, privileges, or
immunities secured or protected by the Constitution or laws of the
United States or by the Constitution or laws of California.
   (b) The Attorney General may bring a civil action in the name of
the people to obtain appropriate equitable and declaratory relief to
eliminate the pattern or practice of conduct specified in subdivision
(a), whenever the Attorney General has reasonable cause to  believe
that a violation of subdivision (a) has occurred.

 

Hmmm…like this?

Migrant March Part 1 of 3

Migrant March Part 2 of 3

Migrant March Part 3 of 3

 

PENAL

 

422.6.  (a) No person, whether or not acting under color of law,

shall by force or threat of force, willfully injure, intimidate,

interfere with, oppress, or threaten any other person in the free

exercise or enjoyment of any right or privilege secured to him or her

by the Constitution or laws of this state or by the Constitution or

laws of the United States in whole or in part because of one or more

of the actual or perceived characteristics of the victim listed in

subdivision (a) of Section 422.55.

   (b) No person, whether or not acting under color of law, shall

knowingly deface, damage, or destroy the real or personal property of

any other person for the purpose of intimidating or interfering with

the free exercise or enjoyment of any right or privilege secured to

the other person by the Constitution or laws of this state or by the

Constitution or laws of the United States, in whole or in part

because of one or more of the actual or perceived characteristics of

the victim listed in subdivision (a) of Section 422.55.

   (c) Any person convicted of violating subdivision (a) or (b) shall

be punished by imprisonment in a county jail not to exceed one year,

or by a fine not to exceed five thousand dollars ($5,000), or by

both the above imprisonment and fine, and the court shall order the

defendant to perform a minimum of community service, not to exceed

400 hours, to be performed over a period not to exceed 350 days,

during a time other than his or her hours of employment or school

attendance.  However, no person may be convicted of violating

subdivision (a) based upon speech alone, except upon a showing that

the speech itself threatened violence against a specific person or

group of persons and that the defendant had the apparent ability to

carry out the threat.

   (d) Conduct that violates this and any other provision of law,

including, but not limited to, an offense described in Article 4.5

(commencing with Section 11410) of Chapter 3 of Title 1 of Part 4,

may be charged under all applicable provisions.  However, an act or

omission punishable in different ways by this section and other

provisions of law shall not be punished under more than one

provision, and the penalty to be imposed shall be determined as set

forth in Section 654.

 

 

422.55.  For purposes of this title, and for purposes of all other
state law unless an explicit provision of law or the context clearly
requires a different meaning, the following shall apply:
   (a) "Hate crime" means a criminal act committed, in whole or in
part, because of one or more of the following actual or perceived
characteristics of the victim:
   (1) Disability.
   (2) Gender.
   (3) Nationality.
   (4) Race or ethnicity.
   (5) Religion.
   (6) Sexual orientation.
   (7) Association with a person or group with one or more of these
actual or perceived characteristics.
   (b) "Hate crime" includes, but is not limited to, a violation of
Section 422.6.

 

10:40 AM

 

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