To all who will listen and take the time to understand. There are people in this world who feel it's their responsibility to protect you from yourself, by viewing you only as part of a group, with out consideration of you as an individual. I've always understood, a person's rights end at the end of another’s nose. A thief lurks in the shadows awaiting the time to strike. An honest man faces another and speaks his mind. I have lived my life as my father taught me. To be up front in all I do and to learn my limitations as well as my strengths. I have not asked to be in this arena. In fact,I have been cast into it. I am just one person who has for the last 31 years in business tried to be the best individual person and business man I know how to be. I understand the months ahead will be long and stressful, but I promise, with Gods help, I will prevail.
Jay Wallace
President
Adventure Outdoors
Contact: jaywallace@advout.com Gun Guys Show Episode 4 - Jay Wallace fights Mayor Bloomberg http://www.shakeituptv.com/dev/node/41 UPDATE 02/03/2010 “The case in which Adventure Outdoors has sued Mayor Bloomberg and others in the Georgia courts, remains bogged down in procedural issues and legal challenges mounted by the mayor’s lawyers. A timely Notice of Appeal to the Georgia Court of Appeals has been filed, on the question of whether the Georgia Anti-SLAPP law applies to the allegedly defamatory statements made by the mayor at the time he sued Adventure Outdoors in 2006. The position of Adventure Outdoors is that the law does not apply to the situation presented in this case, and we remain confident the appellate courts in Georgia will so hold as well – allowing our lawsuit to proceed.”
Briefing on Adventure Outdoors' appeal from the default judgment entered by Judge Weinstein was completed on January 22, 2010, and oral argument is scheduled for March 11, 2010, before the U.S. Court of Appeals for the Second Circuit. The injunction entered against Adventure Outdoors, which appointed a Special Master to monitor its sale of firearms, has been stayed pending a decision on its appeal. In its appeal, Adventure Outdoors argues that the judgment and injunction entered against it are void because the U.S. District Court for the Eastern District of New York did not have personal jurisdiction over it pursuant to the New York long-arm statute and that the terms of the injunction are unconstitutionally vague. The City's primary argument in opposition to the appeal is that Adventure Outdoors waived its right to appeal by not presenting a defense at trial, in which Judge Weinstein had decided that he would deny Adventure Outdoors its right to a jury and serve as the finder of fact. In its reply, Adventure Outdoors argues that because it had answered the City's complaint and preserved the issue of personal jurisdiction, as well as fully completing discovery and all pre-trial activities, the City was not entitled to judgment in its favor and still had to prove that it was entitled to the relief it sought and that the court had personal jurisdiction over Adventure Outdoors. We fully expect the Second Circuit to rule in our favor before the end of the year. UPDATE 09/24/2009 Nothing new to report. All courts remain the same. Over three years into it and a couple more to go. Keep checking in. I will post any new news as soon as I hear something. UPDATE 08/13/2009 The wheels of Justice do turn slow as we all are learning in this case. It has been over 3 years now since Bloomberg and his followers filed their law suite against Adventure Outdoors. Do not fear our gloves remain high in the fight. Nothing has changed in New York as updated below a couple of months ago. In the Georgia case the City has filed an Anti-Slapp motion. You can read the details of what this is at http://www.citmedialaw.org/legal-guide/anti-slapp-law-georgia. Basically Anti-slapp is used to protect the little guy from large corporations and other powerful individuals shutting down free speech. It is quit ironic the City would file such a motion in this case. The big and powerful City of New York and its billionaire Mayor Bloomberg think they are the little guys and need to be protected by anit-slapp? The motion has been filed and we await the Judges decision.
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UPDATE 08/13/2009 The wheels of Justice do turn slow as we all are learning in this case. It has been over 3 years now since Bloomberg and his followers filed their law suite against Adventure Outdoors. Do not fear our gloves remain high in the fight. Nothing has changed in New York as updated below a couple of months ago. In the Georgia case the City has filed an Anti-Slapp motion. You can read the details of what this is at http://www.citmedialaw.org/legal-guide/anti-slapp-law-georgia. Basically Anti-slapp is used to protect the little guy from large corporations and other powerful individuals shutting down free speech. It is quit ironic the City would file such a motion in this case. The big and powerful City of New York and its billionaire Mayor Bloomberg think they are the little guys and need to be protected by anit-slapp? The motion has been filed and we await the Judges decision. 06/30/2009 UPDATE "On June 17, 2009, the City filed a motion in the U.S. Court of Appeals for the Second Circuit seeking to dismiss Adventure Outdoors, Inc.'s appeal for lack of appellate jurisdiction. The City argues that by not presenting a defense at a bench trial, Adventure Outdoors, Inc. waived its right to appeal the default judgment entered against it, as well as the issue of whether the district court had personal jurisdiction over it. Adventure Outdoors, Inc. filed its opposition to the City's motion to dismiss on June 29, 2009, arguing that because it had filed an answer to the City's Amended Complaint and fully responded to the City's discovery requests, the City was still required to prove at trial that it was entitled to the relief it is seeking, even if Adventure Outdoors, Inc. did not present a defense. The City will have an opportunity to file a reply in further support of its motion to dismiss the appeal, after it will be before the court for a decision. The court may allow oral argument or decide the motion on the papers. In addition, the court could defer a ruling on the motion to dismiss to the panel that will decide the appeal. Once the court has ruled on the motion to dismiss, Adventure Outdoors, Inc. will have thirty days to submit its appellate brief and joint appendix." 04/23/2009 UPDATE In the City of New York v. A-1 Jewelry & Pawn, Inc. case, Judge Weinstein granted default judgment on March 24, 2009 against the last defendant resisting the City’s efforts to regulate out-of-state retail firearm dealers, Adventure Outdoors, Inc. The basis for the entry of default judgment against Adventure Outdoors, Inc. was its decision not to present a defense at trial after Judge Weinstein decided, six days before jury selection was scheduled to begin, that Adventure Outdoors, Inc. did not have a right to a trial by jury and that he would serve as the finder of fact. Adventure Outdoors, Inc. believed that it was a foregone conclusion that the result of a trial in which Judge Weinstein served as the finder of fact would be a judgment in favor of the City based on Judge Weinstein’s earlier written decisions in the case and the fact that he had concluded that each and every firearm manufacturer and distributor defendant in the NAACP v. A.A. Arms, Inc. case was responsible for creating a public nuisance in the City of New York, even though an advisory jury had found that the majority of them had not and had been unable to reach a verdict as to the remaining defendants. Although Judge Weinstein entered an injunction against Adventure Outdoors, Inc., appointing a special master to monitor its sales, he stayed the entry of the injunction pending the completion of Adventure Outdoors, Inc.’s appeal to the Second Circuit, which was filed on March 30, 2009. On the Georgia side the case was formally transferred back to Cobb Superior Court on March 12th to Judge Kreeger who was the State Court Judge handling the case over 2 years ago. Bloomberg's lawyers filed an answer and a motion to dismiss (on anti-slapp grounds), on March 31st. This action was very predictable as their options are running thin. We are finalizing our draft response, which will be filed on or before April 30th. We are very confident in prevailing over their motion. The next step will be filling for discovery. We get to do it all over again, except this time it’s in Georgia! Mayor Bloomberg says on his weekly radio address as prepared for delivery on 1010 WINS News Radio:http://www.silive.com/news/index.ssf/2009/01/mayor_nyc_enters_new_year_with.html "Take crime for example. Our police officers drove crime down another 4 percent in 2008, bringing our 7-year decline to nearly 30 percent. 2008 also brought us a major victory in the fight against illegal guns. We settled the final lawsuit against a group of out-of-state gun dealers whose illegal practices allowed guns to end up in the hands of criminals. As part of the settlements, all of those dealers have now agreed to reform their sales practices - and that's going to make our streets safer for police officers and all New Yorkers. He hasn't settled any lawsuit with this dealer and I have not agreed to reform any sales practices with him. The streets of NYC have never been made unsafe for police officers and New Yorkers by Adventure Outdoors ! I care more and know more about proper sales practices than Michael Bloomberg! 12/19/08 UPDATE . Big News! We are very happy with this opinion. We have not heard anything else from Judge Weinstein's Court. . 11/10/08 UPDATE The City asked for an appeal in the 11th circuit. On September 16th we and the City stated our case before a three Judge panel. The law is on our side. The 11th circuit will either send us back to Judge Forrester in federal court or send us back to state court in Cobb County. I could not tell which way the court was leaning. The proceeding was very cut and dry. Hope to hear an answer in the next couple of months. In New York the City has filed a request for default judgment after being given a dead line by Magistrate Judge Pollock. I feel Judge Weinstein will most likely rubber stamp what ever the City says about us and we will appeal on grounds of lack of jurisdiction to the 2nd circuit. I will post more as soon as I hear something from either court. Thanks for all the kind words and donations. Adventure Outdoors remains the last of 27 dealers standing up for your rights. We will not falter, we will not fail, and we will remain steadfast until victory. 01/05/2009 UPDATEAugust 22,2008 NYC, foes split over effect of gun shop lawsuits By DAVID B. CARUSO Its official now, Adventure Outdoors is the last store standing and fighting the on slot of Mayor Bloomberg / Mayor’s Against Gun Violence and the City of New York. It is more important than ever for all freedom loving Americans to join in this battle. Now they can focus all of their 5 law firms on Adventure Outdoors. Please continue to keep us in your prayers and spread the word about this important case. July 25, 2008 New page added today. Look to the upper right side of this page for a drop down window. The page is called All About ATF Traces. This page will be used to post trace related information. There is a sharp contrast on how traces should be handled. July 21, 2008 UPDATE The City has done nothing in regards to pursuing a default judgment as of this date. We patiently await their only move. The Georgia front has taken a positive move forward. The Eleventh Circuit Court of Appeals has requested that each party file a supplemental appellate brief of no more than ten pages by July 18th, which we have done, addressing the issue of whether the court has subject matter jurisdiction over this case. We have believed from the beginning this is not a Federal case and will welcome it back to Cobb County Georgia. The City has done everything in its power to have the case moved to Federal Court in NYC with Judge Weinstein. We will be back in court on September 16th to find out where the case will be tried. For May & June Updates go to the May Court / June Updates 08 Page on top right.
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Thank you to all who are stepping forward and being part of this important time in our history. I am truly humbled by all those who are showing their support. Your efforts inspire me.
Send non tax deductable funds via mail to:
Bloomberg Fight Back Fund
630 Windy Hill Road
Smyrna, GA 30080
It's better to send a check, because Paypal gets part of the money if you don't.
or Online with Paypal. Just follow this link
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