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Submitted: 2 years ago.Category: Legal
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Customer reply replied 2 years ago
My question was like 2 paragraph long! wth!
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Customer reply replied 2 years ago
The main question is do I have a right to file a civil rights lawsuit against the
st.bernard parish government code enforcement for harassment and discrimination?
Details were in my what have I done so far answer box.
Answered in 32 minutes by:
6/30/2015
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,424
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While I am a Louisiana attorney, by law and site rules I cannot be your attorney and all I can do is provide you general information about your situation so you can be informed before making your decision.
You say that "Da Parish" has discriminated against you, but under law there is discrimination and there is unlawful discrimination. Unlawful discrimination is the type of discrimination that can be sued over and that is discrimination based ONLY on your age/race/sex/disability/national origin or in retaliation for you filing some legal claim protected by law. Other types of discrimination, such as the neighbor does not want anyone moving in next door, is not unlawful and cannot be sued over.
Next we get into discretionary enforcement v. selective enforcement. For discretionary enforcement is your burden to prove that "da Parish" abused its discretion. See: State v. Byrd, 708 So.2d 401 (La., 1998). So you have to show that there are similarly situated properties in the same block or area not being targeted to raise this argument.
Selective enforcement requires proof the ordinance they are charging you with is vague and thus susceptible of being selectively enforced. The LA courts hold that ordinances providing for criminal sanctions must pass a strict vagueness test. The statute "must give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly." Grayned v. City of Rockford, 408 U.S. 104, 108-09, 92 S.Ct. 2294, 2298-99, 33 L.Ed.2d 222 (1972).
So, if the ordinance is clearly written with regards ***** ***** is unlawful and a violation and they are citing you for actual violations, you could not argue that the statute is vague and thus selectively enforced.
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