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NNTP-Posting-Date: Wed, 01 May 2024 17:03:29 +0000
From: BTR1701 <atropos@mac.com>
Newsgroups: rec.arts.tv
Subject: Re: Gov. Katie Hobbs (D Arizona) vetoes bill allowing police to arrest trespassers falsely claiming to be tenants
References: <v0orib$1tvca$1@dont-email.me> <2vl03jltkhjgbatrjvpa09fh5fkvcf3hne@4ax.com> <v0q9qo$2bp77$1@dont-email.me> <v0qqkf$2flp7$1@dont-email.me> <-s2cnbhkjOPmp6z7nZ2dnZfqnPadnZ2d@giganews.com> <v0thkh$36om8$1@dont-email.me>
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In article <v0thkh$36om8$1@dont-email.me>, FPP <fredp1571@gmail.com> 
wrote:

> On 4/30/24 2:37 PM, BTR1701 wrote:
> > On Apr 30, 2024 at 6:10:38 AM PDT, "Dimensional Traveler" 
> > <dtravel@sonic.net>
> > wrote:
> > 
> >> On 4/30/2024 1:23 AM, Adam H. Kerman wrote:
> >>>   The Horny Goat <lcraver@home.ca> wrote:
> >>>>   Mon, 29 Apr 2024 19:14:19 -0000 (UTC), Adam H. Kerman 
> >>>>   <ahk@chinet.com>:
> >>>   
> >>>>> It looked like Arizona was going to stand up for property owners 
> >>>>> dealing with trespassers falsely claiming to be tenants that police
> >>>>> won't arrest. But the governor vetoed the bill.
> >>>   
> >>>>> If it had become law, police could have immediately removed these 
> >>>>> fake tenants.
> >>>   
> >>>>> The governor claimed it "fails to leverage existing legal mechanisms,
> >>>>> respect the due process rights of lawful tenants, and minimize
> >>>>> unintended consequences such as for victims of domestic violence."
> >>>   
> >>>>> The bill's sponsor said it did not affect existing landlord-tenant 
> >>>>> law, and it exempted family members and those agreeing to co-habitate.
> >>>   
> >>>> What the heck do issues of domestic violence have to do with squatters
> >>>> moving in when the homeowner is away and refusing to vamoose in near
> >>>> record time when found out?
> >>>   
> >>> Let's be more precise with language. Someone falsely claiming to be a
> >>> tenant is not a squatter. Squatting has to do with hostile encroachment
> >>> upon abandoned land. A homeowner temporarily away has not abandoned his
> >>> land. These are trespassers.
> >>>   
> >>>> If >I< were Governor I'd work towards instant eviction along with
> >>>> award of damages as soon as an injuction were obtained and i would
> >>>> order application for such injunctions get ultra-high priority in
> >>>> court scheduling. (I'd be satisfied with 2-3 hour turnaround - and
> >>>> DEFINITELY not 4-6 weeks as I've heard of in some jurisdictions)
> >>>   
> >> ROFLMAO. You have no clue how the courts actually work.
> > 
> > Courts enforce the law. Change the law and the courts have no choice
> > but to comply with it.

> Courts don't enforce the law. You're supposed to be a LAWYER, for 
> fuck's sake. Ask USCourts.gov.
> 
> > The federal judiciary operates separately from the executive and 
> > legislative branches, but often works with them as the Constitution 
> > requires. Federal laws are passed by Congress and signed by the president. 
> > The judicial branch decides the constitutionality of federal laws and 
> > resolves other disputes about federal laws. However, judges depend on our 
> > government's executive branch to enforce court decisions.

And here Effa uses one of his favorite "change the subject" tactics, 
hoping no one will notice and he'll score a win on Usenet today.

Everything he cited references the federal courts when the federal 
courts have nothing to do with state landlord/tenant law. His entire 
response is an irrelevancy.

Nothing he wrote above changes the fact that if the Arizona legislature 
changed the law and gave citizens the right to summarily eject 
squatters, a state court would apply that law to any case coming before 
it.