Category Archives: Legal Issues

And Your Case of the Week – Is Clicking “Like” on Facebook Protected Speech by First Amendment?

It could be according to the United States Court of Appeals for the Fourth Circuit. A sheriff’s deputy supported the Sheriff’s opponent and “liked” the Facebook page of his opponent. Of course, the sheriff won re-election and the deputy who supported his opponent was terminated. The Court ruled that “liking” a candidate on the internet is the internet equivalent of displaying a political sign in one’s front yard which the Supreme Court has ruled is protected speech.

See Bland v. Roberts at http://www.ca4.uscourts.gov/Opinions/Published/121671.P.pdf

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It’s Monday, October 7 –Let’s Have a Good Week – Fall Is in The Air This Morning!

Thought for the Day – When you apply for ObamaCare, they ask you if you smoke since smokers will pay a higher premium. You are allowed 4 cigarettes a week or if you smoke for religious or ceremonial purposes unlimited cigarettes – I bet a lot of smokers will be getting religion now! In fact maybe Obama should think about passing the peace pipe!

Freeport City Council Meeting Tonight, October 7

6:00 pm at City Council Chambers at 524 West Stephenson Street, 3rd Floor
If you have Comcast Cable, go to channel 17 to watch live. Hopefully, there will be sound for those watching on Comcast. At the September 16 meeting there was no sound. See complete agenda at

Click to access A20131007a.pdf

Somethings of interest on the agenda:

Memorandum from Special Committee of the Freeport City Council recommending purchase of iPads for all council memebers. See Good Day Illinois on September 23, 2013 for comment on iPads! How can members of this council operate iPads when they cannot even get sound for the council meetings?

2nd reading of ordinance dealing with such things parking lot screening, lighting, and parking stall size requirements. On September 16 it was said in Good Day Illinois:

” Don’t build or modify a building in Freeport with a few parking spaces since you will have to spend thousands of dollars on a photometric plan prepared by a lighting professional. This is just a small part of this proposed ordinance. The Gitz administration says it is for economic development, but actions speak louder that words.”

1st reading of ordinance extending to November 5 the time to change portion of Chicago Avenue around the post office to a two way street. Horrible allocation of time and resources. Let’s spend hours on this street and neglect the many other streets which are falling a part and are dangerous!

1st reading of ordinance increasing penalty for violation of Noice Ordinance. This will do a lot of good! What are they going to do – post the fine on every corner in this community! It is nice that our police chief is so concerned about noise – but his priorities are certainly not in order of importance. What are the priorities in this city? Enough said.

Memorandum recommending approval of grants from Downtown TIF Fund for exterior improvments on downtown buildings. Grants total $31,146. The list of grants is worth looking at. It would be nice if the rest of the taxpayers in this city could get grants to help pay for roofs on their homes or small businesses located elsewhere in the city! Remember for every TIF in Freeport it means that the rest of the taxpayers in this city must pay more in taxes to subsidize some of the businesses in the TIF. Of course, we all know that Wal*Mart needs your help!
See list at http://www.cityoffreeport.org/OrdRes/TIF%20GRANT_20131003.pdf

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Case of the Week – Sad But True Story – Overstuffed Grocery Bag Breaks, Can Falls on Toe, Breaks and Cuts Toe, Toe Becomes Infected, and Person Dies

A lawsuit filed by a Nebraska man claims his wife would still be alive if a Wal-Mart employee had not overstuffed her grocery bag. The suit says the grocery bag broke as his wife was walking to the car. The groceries fell on her toe, breaking it and causing a deep cut. The cut led to an infection, which spread throughout her body and caused her death, the suit claims. The suit also targeted the maker and distributor of the plastic bags. It claims Wal-Mart was negligent in the training of employees who bag groceries, and that the defendants provided a defective grocery bag. For details see an article in the Lincoln Journal Star.

Attention Freeport Residents – If Your Real Estate Taxes Are Too High Because Your Property Is Valued Higher Than Its Market Value – You Must Act Now – If your Property Assessment Is Too Low, You Do Not Live in Freeport!

If you live in Freeport, you must file your appeal with the Board of Review by October 11, 2013. For many in Freeport, property values have fallen and assessments have not been lowered. You will not receive a notice unless your assessment has been changed. Watch out! Most assessments have not been lowered over the last few years while property values have plummeted.

Residential Complaint forms available at http://co.stephenson.il.us/assessor/forms/BOR-R-1.pdf

The bureaucrats in Illinois do not make it easy to complain about your taxes. It is a time consuming process and the Freeport Assessor will fight you every step of the way.
The picture is the new Freeport Township Offices which now is the subject of litigation at taxpayer expense. Wow that takes a lot of nerve. Buy a building and then litigate whether they had the authority to purchase it!

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Have Comcast You Will Travel!

Comcast, the cable, giant used to have an office in Freeport. In fact the requirement to maintain a local office was part of its franchise agreement with the City of Freeport. When your equipment such as your remote or cable box failed, you would take it to the local office in Freeport for replacement. Comcast decided that it did not want to have an office in Freeport, and closed it. The former mayor of Freeport, George Gaulrapp, went to court to try to make them stay and honor the franchise agreement. Of course, he hired outside counsel to handle the matter. You know the result. There is still no office in Freeport. Gaulrapp was no match for Comcast. So sad that the citizens of this community who pay high fees to Comcast each month have no local office. Enjoy your trip to Rockford!

Hope You Are Having a Wonderful Labor Day Weekend, But Don’t Forget the Second Installment of 2012 Real Estate Taxes Are Due Soon – Forget and It Will be Costly!

Second installments due as follows:

Carroll County – September 5

Jo Daviess County – September 9

Ogle County – September 6

Stephenson County – September 6

Winnebago County – September 6

If you are late, there will be an interest charge of 1.5 % per month which is an interest rate of 18% per annum. Sounds like usury to me! Of course, government is not subject to the rules the rest of us must follow.

Hopefully, the Following Will Help You Stay Out of Trouble for the Rest of the Week

Don’t Discriminate Against Unmarried Couples in Housing

The State of Illinois is suing Christian Housing Development for Discriminating Against Unmarried Couples. The State of Illinois is seeking $10,000 in civil penalties, civil rights training, and possible damages against a Christian housing development for refusing to let an unmarried maintenance worker live with a female companion. Under the Illinois Human Rights Act, housing providers can’t discriminate against people on the basis of marital status.

Deduction for Interest on Motor Home as Qualified Residence Allowed

A couple who operated a consulting business was entitled to deduct the interest they paid on a loan secured by their motor home because the interest was qualified residence interest. That was the good news. The bad news is that other deductions were disallowed such as a laptop computer for failure to establish business use and/or substantiate the deductions. Dunford v. Comm’r, T.C. Memo. 2013-189 (8/20/13).

IRS Denies Tax-Exempt Status to Medical Marijuana Cooperative

The IRS ruled that an organization’s primary activity of facilitating and organizing transactions between members who cultivate and possess cannabis is illegal under federal law and, thus, the organization did not qualify for tax-exempt status. PLR 201333014. Those potheads aren’t as dumb as you think!

Creative IRS Employee Can’t Deduct Cash Donations

The Tax Court held that charitable cash donations deducted by an IRS employee were not deductible. The court stated that it appeared highly probable that the taxpayer, in concert with her longtime friend and fellow IRS employee, cut and pasted stationery from a church and provided the same to the IRS agent examining her returns in an attempt to support the claimed charitable deductions. That attempt failed, the court noted, when the IRS agent attempted to verify the reported contributions with the church’s pastor, who made clear that he did not authorize the receipts to be prepared or issued on his church’s stationery, nor did he sign any such receipts. The real question is – Is She Still Working for the IRS? Payne v. Comm’r, T.C. Summary 2013-64 (8/13/13)

Our Final Advice for the Week – Do Not Dump Dirt from A Front-End Loader at the Feet of an IRS Officer!

An Omaha man has been sentenced to three years’ probation after dumping dirt from a front-end loader truck at the feet of Internal Revenue Service officers who were trying to seize his boss’s dump truck.

U.S. Magistrate Judge Thomas D. Thalken sentenced Walter M. Trizila, age 45, to a three-year term of probation last Thursday, following a misdemeanor conviction for assault, resisting or impeding a federal officer. According to prosecutors, Trizila encountered several IRS officers who were trying to seize a dump truck owned by his employer on Nov. 8, 2012 and became confrontational with them. He then entered a front-end loader vehicle, scooped a full load of dirt into the bucket and drove directly at the IRS officers. Trizila stopped the front-end loader vehicle just short of striking an IRS officer, after which he dumped the entire load of dirt at the IRS officers’ feet and in front of the dump truck that the officers were trying to seize.

Perhaps, he should have gotten some other employees, a country band, and did a little line dancing in front of the agents. The agents would have understood this, and would have joined in since they had received line dancing lessons at taxpayer expense. They would all have had a good time, Trizila would not have been arrested, and the IRS agents would have taken the dump truck which Trizila had filled with s###!

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