The Editor: The Editor asks you to read his most recent summary and update of where the LULAC elections of July 12, 2014 in New York City are at the present time. The summary is done by Pablo Martinez, a veteran LULAC'er out of Las Cruces, New Mexico.
The Editor would add this much to Pablo's summary and update: The hearing in New York City is scheduled for August 4, 2014. The hearing in Bexar County on the "status quo" TRO was scheduled for August 1, 2014, but is going to be continued for a week or two into the future. The Original Complaint filed by Rosa Rosales and Elia Mendoza has been amended. The Original Complaint gave rise to the "status quo" TRO.
Pablo Martinez is correct that LULAC at the national level is in limbo. All sides are awaiting court hearings. LULAC, the 85 year Latino civil rights organization old organization is in a state of freeze.
What got LULAC to this state of freeze is the greed in the minds of Luis Vera, Margaret Moran, Rosa Rosales and Manuel Escobar.
They did not have the numbers in New York City so they cancelled the convention, thinking that all of the LULAC delegates were just going to leave without conducting the business of LULAC. Over 50% of the LULAC delegates stayed in spite of threats from Rosa Rosales trying to scare the delegates who stayed that they were going to be arrested by the New York police. The Machine (Luis Vera, Margaret Moran, Rosa Rosales and Manuel Escobar) ordered the hotel to cut off the microphones. The 825 delegates who stayed conducted the elections without any noise and could hear each other out without the microphones.
The LULAC Executive Committee that continued from 2013-2014 through post July 12, 2014 is frozen in political time. The guilty minds of the termed out members of the National Executive Committee and the resigned and rescind the resignation member on the Committee are each vacillating for political posture, not wanting to give the impression that they are siding with the Machine or with the good side of the Committee.
The Editor would recommend that the National LULAC Convention scheduled for 2015 in Utah be held in a Utah court house in the host city in Utah. What is the use of LULAC conventions where no elections take place?
National LULAC has never had a convention where an election did not take place. The editor cautioned that the events of Texas LULAC in San Antonio in 2013 would come to haunt LULAC in the future. Like in San Antonio in 2013, the Machine cancelled the national convention in New York City in 2014.
If you are waiting to hear the reasons that Luis Vera, the attorney for the Machine, will provide to the court for cancelling the convention, hear out his argument very carefully.
The Editor's take is that Vera will argue that the court order instructed LULAC, Margaret Moran and Manuel Escobar not to use Rules 12 and 21 in the course of running the convention. This argument is narrow and opens Vera to a ton of legal challenges from all sides, including the court.
The court did not instruct Vera to cancel the convention.
Vera has stated on several occasions recently that LULAC is a sovereign entity. Expanding on that comment, "sovereign" could be approached like the king or queen or state. The three are often viewed as sovereign, untouchable. Case law involving corporations is full of courts not wanting to meddle in the affairs of corporations, for profit and not for profit corporations. But that does not mean that the courts do not meddle in the affairs of corporations.
Corporations are creatures of state laws. Each state has laws that govern corporations. LULAC was created in Texas and is governed by the laws of Texas. While courts do not like to meddle in the minute details of corporate activity, corporations are not immune from the scrutiny of the court. Corporations that behave like National LULAC has under the leadership of Ms. Stupid, will get a thorough review in the New York court.
The Editor feels that the New York court will want to examine why a TRO that was limited to two rules triggered the cancellation of the LULAC Convention in New York City.
The TRO did not say cancel the convention or you cannot hold the convention in New York City. The TRO said do not use Rules 12 and 21.
Vera's response to cancel the convention is an affront to the court. It is contempt of a court order. It is mocking a court order.
What is the court going to do with a smart attorney like Vera who thinks he can come from Texas and make mockery of the legal system of the State of New York?
Vera needs to put on a double pair of Depend® for the New York hearing.
The Editor expects something interesting coming out of New York next week.
No comments:
Post a Comment