Kansas to vote on individual right guarantee
Story at the Volokh Conspiracy. It's esp. interesting since Kansas' existing wording was cited by its Supreme Court, when in 1905 it basically invented the collective rights approach in City of Salina v. Blaksley. The legislative vote to put it on the ballot was overwhelming: 39-1 in the Senate and 116-9 in the House.
Judge Colleen Kollar-Kotelly, U.S. District for DC blocked concealed carry in national parks.
But what about open carry (and concealed carry?)in interstate travel and in national parks under civil rights law?
Civil Rights Law:
U.S. Attorneys Manual Title 8-2.262 Title III of the Civil Rights Act of 1964
Title III of the Civil Rights Act of 1964, 42 U.S.C. § 2000b, prohibits discrimination on the basis of race, color, religion, or national origin in public facilities, such as parks, libraries, auditoriums, and prisons. The Special Litigation Section supervises the enforcement of Title III.
Under Title III, the Attorney General is authorized to institute a civil suit upon receipt of a written, signed complaint if it is believed that the complaint is meritorious, and upon certification that the complainants are unable to initiate and maintain appropriate legal proceedings for relief and that the institution of the action will materially further the orderly progress of desegregation in public facilities. The statute expressly requires the complaint in such a suit to be signed by the Attorney General. The United States Attorneys' concurrent enforcement responsibilities under Title III are discussed in USAM 8-2.180.
Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a et seq. (see USAM 8-2.233)
U.S. ATTORNEYS MANUAL, Title 8 Civil Rights § 2 Enforcement of Civil Rights
USAM 8-2.233 Housing and Civil Enforcement Section—Title II of the Civil Rights Act of 1964
"Title II of the Civil Rights Act of 1964 (42 U.S.C. § 2000a) prohibits discrimination on account of race, color, religion, or national origin in places of public accommodation, such as hotels, restaurants, and theaters. Under the Act, the Attorney General is authorized to bring a civil action whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by Title II, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights secured by that Title. This statute does not authorize the Attorney General to pursue individual complaints of discrimination in the area of public accommodations, but individuals may pursue such claims privately under Title II and under other civil rights statutes. The Act also does not authorize the United States to seek monetary relief in such cases. The Attorney General may intervene in such suits in the discretion of the court upon certification that the case is of general importance.
The statute expressly requires the complaint in such a suit to be signed by the Attorney General. The Attorney General is authorized to request that the case be heard by a three-judge court, upon certification that the case is of general public importance. The Act requires the trial court to expedite the case. See generally the Civil Rights Resource Manual at 3.
The United States Attorneys' concurrent enforcement responsibilities under Title II are discussed in USAM 8-2.180."
Posted by: Don Hamrick at March 26, 2009 02:57 PM
How did I know that long post was from Don Hamrick before I looked at the name at the bottom? BIG groan.
Posted by: periwinkle at March 27, 2009 09:20 AM
"How did I know that long post was from Don Hamrick before I looked at the name at the bottom? BIG groan."
The same way I did... :(
Posted by: Jim at March 27, 2009 10:48 AM