Franks’ Allies Reply Upon Citizen Participation Act to Defend Attacks on Brettman & Schuster

Early in his legislative career State Rep. Jack Franks passed the Citizen Participation Act to protect those opposing zoing changes by corporations.

My attorney used the act in defense of McHenry County Blog when I was sued by the Northwest Herald.

Now Franks’ allies have trotted it out to defend the actions made by the Illinois Integrity Fund against unsuccessful District 6 Republican County Board candidates Orville Brettman and Ersel Schuster.

Both Orville Brettman’s and Ersel Schuster’s faces appear on this attack mailing from the anonymous Illinois Integrity Fund.

Here is the way two defendents in the suit summarized the argument:

The claim is that the Brettman-Schuster suit is a “Strategic Lawsuit Against Public Paerticipation” or “SLAPP” suit, according to the dimissal motion filed by attorney Tara O’Mhoney.

In reply Brettman-Schuster attorney Jim Bishop offers the following:

The Illinois Integrity Fund (IIF) “is some illusory entity without legal status…[and] the speech sought to be protected by Defendants is defamatory and false and, therefore, not protected under the First Amendment.”

Bishop continues:

The brief argues it is the IIF defendants who must prove that the claims are “meritless and retaliatory.”

It also argues that none of the IIF citied documents are “official documents.”

The Brettman-Schuster quote the Citizen Participation Act’s protected entities:

  • citizens and
  • organization of the State of Illlinois

pointing out that the Illinois Integrity Fund is neither.

No “third party” can “determine anything about IIF.”

No incorportion with the Illinois Secretary of State.

No registration with the Illinois State Board of Elections.

In short,

Bishop then argues transcripts submitted by the defendants are in “no wy “authenticated or certified” and should be considered “hearsay.”

Indeed, the Cook Couty Appellate Court ruled that “grand jury proceedings cannot be used to preserve or obtain testimony for use in civil suits.”

The filing then moves onto the claim by Jack Franks that a comment on McHenry County Blog traced by Lakewood Police to Schuster’s internet address was considered a “death threat” only by Franks.

The claim popped up nine months after law enforcement officials had determind no crime had been committed.

Claims of “conspiracy” among Joe Tirio, Orville Brettman, Ersel Schuster, Chuck Wheeler and Michael Rein have been made by defendats with no evidence and are irrelevant, the plaintiff’s argue.

The 2012 Illinois Supreme Court decision in Sanholm v. Kuecker is cited as definng the content of of the Pulic Participation Act.

Bishop argues,

Pointed out is that the lawsuit is not brought for “the sole purpose of chilling the defendants right to petition, speech or participation in government.”

Dismissal of the motion to dismiss is therefor sought.

A hearing on the case will be held at 1:30.


Franks’ Allies Reply Upon Citizen Participation Act to Defend Attacks on Brettman & Schuster — 14 Comments

  1. Aaaaaaahhhhhhhh…the good old days of Klaatu Barada Nikto and racist legion of justice loser running for office are gone but their legacy lives on. Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww…

  2. Franks is a wimp!

    He thinks he’s a tough guy. He’s not.

    Take away his influence in McHenry County. Get to the polls and get rid of that clown Franks!

    He has direct ties to the Governor and Mike Madigan.

  3. There are some words on that disreputable flyer that ring true today, but for other than those shown in the picture. Especially after the Democrat presidential debate held within the last month. Those words being: “Their dangerous ideas put us all at risk”.

    The Democrat presidential candidates are a motley bunch of politicians, most of which would destroy our nation if by some miracle they were elected to president. Such as: free health care for illegal aliens, make entering our nation illegally a misdemeanor, forgiving college student loans, free college tuition for all, open borders, etc.

  4. Cal, the story is wrong.

    Bretmann and Schuster actually won their elections but were cheated out of their 59% victories by crooked software and fake vote by mail scams.

  5. Wondering if the Golden Ferret offers internships.

    Teach me your ways Scoundrel Master.

  6. Speaking of winning elections:

    Well now, here is an actual statement by Georgia Democrat gubernatorial candidate, Stacey Abrams, about the election last November, 2018:

    “Despite the final tally and the inauguration [of Gov. Brian Kemp] and the situation we find ourselves in, I do have a very affirmative statement to make: We won.”

    She made this statement at a convention hosted by Al Sharpton, the guy famous for showing up just before riots in many parts of our nation.

    Perhaps Hillary Rodam Clinton could come out of the shadows and start claiming she won the 2016 election and wants to be installed in the whitehouse.

  7. Sunshine blogger, any chance for overturning those infamous results of the 2002 gubernatorial race? I mean, It is not too late to change the history that never was, or something like that. Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww…

  8. Cal I think a short edit is in order. It’s rely not reply. Please thank this citizen editor

  9. Sunshine blogger, another short edit is in order. The names on the heading should read loser racist legion of justice member and Klaatu Barada Nikto. Please thank this citizen editor. Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww…

Leave a Reply

Your email address will not be published. Required fields are marked *