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Quote by: Foxfyre  Actually I think this is moot since the law itself is illegal--no state or local law can contradict the Constitution. A judge who presumed he was bound by the law would certainly be overturned so the chances that anybody would even attempt to use this law in court or for any kind of public policy is virtually nil.
Consider some of the other squirrly laws still on the books just because nobody ever got around to removing them:
In Texas, it's against the law for anyone to have a pair of pliers in his or her possession.
In Philadelphia, you can't put pretzels in bags based on an Act of 1760.
Alaska law says that you can't look at a moose from an airplane.
In Corpus Christie, Texas, it is illegal to raise alligators in your home.
In Miami, it is forbidden to imitate an animal.
It is against the law to mispronounce the name of the State of Arkansas in that State.
In Illinois, the law is that a car must be driven with the steering wheel.
California law prohibits a woman from driving a car while dressed in a housecoat.
In Memphis, Tennessee, a woman is not to drive a car unless a man warns approaching motorists or pedestrians by walking in front of the car that is being driven.
In Tennessee, it is against the law to drive a car while sleeping.
In New York, it is against the law for a blind person to drive an automobile.
In West Virginia, only babies can ride in a baby carriage.
In Georgia, it is against the law to slap a man on the back or front.
A barber is not to advertise prices in the State of Georgia.
In Louisiana, a bill was introduced years ago in the State House of Representatives that fixed a ceiling on haircuts for bald men of 25 cents.
In Oklahoma, no baseball team can hit the ball over the fence or out of a ballpark.
Can you imagine anybody bringing any of these up in court? |
Yes and Kentucky has a law about 'stalking', KRS 508.130 (2) "...
If the defendant claims that he was engaged in constitutionally protected activity, the court SHALL determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence.
I raised this issue not once, not twice but three times at pre-trial hearings
(12/21/05; 1/18/06; and 2/14/06) both by written motion and in oral arguments -- guess what the judge failed to hold a statutory mandated hearing!
On February 15, 2008 the Kentucky Court of Appeals reversed 3 of my 4 convictions. We're currently in the Kentucky Supreme Court with a Motion for Discretionary Review. I spent 871 days in jail/prison for something that never should have gone to trial. This will probably drag on for another 6-18 months. Is this justice for all? Or fir just us, ya'll!