Judge Weinstein officially accepted our withdrawal today and thus released Adventure Outdoors from his court. We expect
and look forward to the City asking for a default judgment whereby we can get to the 11th District Court of Appeals.
Our case in Georgia remains in the 2nd Circuit
Court of appeals. We are scheduled for September 1st to begin defending against the Cities appeal. There is
a possibility the case may be sent back to State Court in Cobb County.
June 23, 2008
We were notified this week the City is not opposing our second motion
to withdraw. We have known there is no legal precedent to force our attorneys to partake in the decree drafting with the magistrate. We await Judge Weinstein’s & the City’s choice
of direction. The next hearing date is set for June, 30th, 2008.
We are prepared to move to the next level.
June 13, 2008
We await the City’s decision to take a default judgment against us where by we can take an immediate appeal.
The City is in quite a quandary. They know to take a default and allow us to appeal is a sure defeat in the Second Circuit.
They also have the problem of other dealers who have withdrawn and they have taken no action as of this date. It is difficult
for the City to make a decision without the help of their hand selected Judge. Adventure Outdoors case against Bloomberg and
his coconspirators in Georgia will force their hand most likely.
What our customers must realize is that we are fighting
for them and the industry. The City wants to give us a "Special Master" and have access to all of our records. What
would stop the City from bringing a lawsuit against one of our customers if a gun purchased legally in Georgia and sold to
someone or traded to another store or any number of things was to end up in New York City. Lack of proof hasn’t stopped
them from bringing lawsuits thus far. Individual firearm purchasers should be aware of this possibility who deal with dealers
who have signed on with the City. Adventure Outdoors will not allow such exposure to their customers. We will not succumb,
we will not retreat, Adventure Outdoors will continue to stand against the tyranny of Bloomberg and the City.
I have added another page called (Press Rebuttal Page). This page will be used to correct spin and untruths
by the City and those that are part of the anti-gun media. If you find an article that is wrong about the facts of this case,
please let me know and I will respond as time allows. You can see my lattest response to a New York Times Editorial written
today. Keep spreading the word ! Together we will win and leave the City and the Mayor with only excuses.
June 3, Pm
Quote by Mayor Bloomberg ("This is an important victory for New Yorkers, as good as a win at trial, and
a validation of our innovative efforts to hold gun dealers accountable for following federal laws," Mayor Michael Bloomberg
said in a statement. ) The shame of it all, he knows better. New Yorkers do not support his efforts and think it is a wrong
way to spend their hard earned forced high tax dollars. He knows it’s not a win for him or anyone else. We were not
going to get a fair trial and he knows that. We were in front of his hand selected judge who has been the judge every time
a law suite has been filled against someone in the firearms industry. When the judge took away our constitutional jury, we
could read the writing on the wall. We could not afford to spend/borrow $400, 000.00 in a no win situation. The court
had already put in writing how it felt about the gun industry. I saw a light at the end of the tunnel and heard a whistle
blow and I could see a large glass window with a man in a conductor suite. I believed it to be a train, so I moved out of
the way in order to fight on an even playing field. Let Bloomberg keep spinning the facts with his press of a button press
releases, truth and perseverance will bring him to his knees. I will not go away!
June 3, 2008 Update
June 2, 2008 to Court page today. I remain working on other items to publish. Stay tuned and keep signing my guest book. I
like reading how everyone is feeling on this important issue.
June 2, 2008 Update
Well I’m sure many of
you are wondering what is going on. I will do my best to give the details of what & why.
the Renzulli Law Firm respectfully moved to withdraw as counsel for Adventure Outdoors. Adventure Outdoors has decided that
it does not intend to defend itself at a bench trial. Unlike the City, which can spend unlimited amounts of taxpayer’s
money, Adventure Outdoors is a small retail dealer with limited resources and cannot afford to participate in a four-week
bench trial, the result of which is a foregone conclusion and will result, as this court has acknowledged, in an appeal. This
would require Adventure Outdoors to again try the case before a constitutional jury after appeal and remand. Adventure Outdoors
has accordingly chosen not to engage in the futile exercise of defending itself at a bench trial, and to appeal from any default
judgment that may be entered against it.
Adventure Outdoors’ decision is motivated by the fact that
it will not receive a fair trail. The City selected the district judge that it desired to hear this case in violation of Adventure
Outdoors’ right to due process. Six days before trial was scheduled to begin, the court deprived Adventure Outdoors
of its Seventh Amendment right to a trial by jury and indicated that it would serve as the finder of fact. Based on its findings
of fact and conclusion of law in the N.A.A.C.P. v. Acusport, Inc, the Court has already concluded that Adventure Outdoors
has contributed to firearms-related public nuisance in New York City and a trial would accordingly be a mere expensive formality.
Outdoors was brought to trial in the fine City of New York under the pretence the Court has jurisdiction over a law abiding
firearms retailer almost a thousand miles away. I am expected to allow the Mayor whom I have no vote to place a "special
master" in my store and tell me how to run my business. The Court has prohibited the Mayor from testifying. He is the
very person who is responsible for this litigation and he is not allowed to testify. Is the Mayor not able to speak in support
of his decisions? The Court has allowed the City to remove the mention of the Second Amendment. The last thing the Court has
done to me is by saying Cecilia and I will not be allowed to sit together along side our attorney.
Who could continue
in this court under these circumstances? In every sense of the word justice is not being served for Adventure Outdoors, my
family, the citizens of Georgia or even the citizens of New York City. Therefore I decided to no longer continue to fight
in the District Court of the Eastern District of New York under such unfair conditions. I will take my fight to the Appellate
Court of New York and use my efforts there were I can have a fair chance. Do not deduct by our leaving this arena that we
are giving up or feel the City is justified in any way of their actions, far from it. I am avoiding an ambush by those who
feel justice is best served by those with an agenda rather than the word of law. Adventure Outdoors will fight another day
and looks forward to returning under the jurisdiction of the New York Appellate Court.
I will post more tomorrow on
how the City is spinning my decision to default.