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Victim's Rights Laws
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CONSTITUTION OF THE STATE OF NEW MEXICO ADOPTED JANUARY 21, 1911:
ARTICLE II BILL OF RIGHTS : Sec. 24. [Victim's rights.] (1992)
A victim of arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery, dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter, involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a minor, homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a child or that victim's representative shall have the following rights as provided by law:
the right to be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
the right to timely disposition of the case;
the right to be reasonably protected from the accused throughout the criminal justice process;
the right to notification of court proceedings;
the right to attend all public court proceedings the accused has the right to attend;
the right to confer with the prosecution;
the right to make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
the right to restitution from the person convicted of the criminal conduct that caused the victim's loss or injury;
the right to information about the conviction, sentencing, imprisonment, escape or release of the accused;
the right to have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause; and
the right to promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property.
A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of Subsection A of Section 24 of Article 2 of the constitution of New Mexico
The provisions of this amendment shall not take effect until the legislature enacts laws to implement this amendment. (As added November 3, 1992.)
NM Statutory Chapters, Annotated 1978
Chapter 31 Criminal Procedure:
Article 26, Victims of Crime: 31-26-4. Victim's Rights. (2006)
31-26-1. Short title.
Chapter 31, Article 26 NMSA 1978 may be cited as the "Victims of Crime Act".
History: Laws 1994, ch. 144, 1; 2005, ch. 283, 2.
31-26-2. Purpose of act.
Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 to 31-26-14 NMSA 1978] to assure that:
the full impact of a crime is brought to the attention of a court;
victims of violent crimes are treated with dignity, respect and sensitivity at all stages of the criminal justice process;
victims' rights are protected by law enforcement agencies, prosecutors and judges as vigorously as are the rights of criminal defendants; and
the provisions of Article 2, Section 24 of the constitution of New Mexico are implemented in statute.
History: Laws 1994, ch. 144, §2.
31-26-3. Definitions.
As used in the Victims of Crime Act [31-26-1 to 31-26-14 NMSA 1978]:
"court" means magistrate court, metropolitan court, children's court, district court, the court of appeals or the supreme court;
"criminal offense" means:
negligent arson resulting in death or bodily injury, as provided in Subsection B of Section 30-17-5 NMSA 1978;
aggravated arson, as provided in Section 30-17-6 NMSA 1978;
aggravated assault, as provided in Section 30-3-2 NMSA 1978;
aggravated battery, as provided in Section 30-3-5 NMSA 1978;
dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;
negligent use of a deadly weapon, as provided in Section 30-7-4 NMSA 1978;
murder, as provided in Section 30-2-1 NMSA 1978;
voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978;
kidnapping, as provided in Section 30-4-1 NMSA 1978;
criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;
criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;
armed robbery, as provided in Section 30-16-2 NMSA 1978;
homicide by vehicle, as provided in Section 66-8-101 NMSA 1978;
great bodily injury by vehicle, as provided in Section 66-8-101 NMSA 1978;
abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978; or
stalking or aggravated stalking, as provided in the Harassment and Stalking Act [30-3A-1 NMSA 1978];
aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978;
assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978;
battery against a household member, as provided in Section 30-3-15 NMSA 1978; or
aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;
"court proceeding" means a hearing, argument or other action scheduled by and held before a court;
"family member" means a spouse, child, sibling, parent or grandparent;
"formally charged" means the filing of an indictment, the filing of a criminal information pursuant to a bind-over order, the filing of a petition or the setting of a preliminary hearing;
"victim" means an individual against whom a criminal offense is committed. "Victim" also means a family member or a victim's representative when the individual against whom a criminal offense was committed is a minor, is incompetent or is a homicide victim; and
"victim's representative" means an individual designated by a victim or appointed by the court to act in the best interests of the victim.
History: Laws 1994, ch. 144, §3; 1997, ch. 10, §6. 2003, ch. 411, §1
31-26-4. Victim's rights.
A victim shall have the right to:
A. be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;
timely disposition of the case;
be reasonably protected from the accused throughout the criminal justice process;
notification of court proceedings;
attend all public court proceedings the accused has the right to attend;
confer with the prosecution;
make a statement to the court at sentencing and at any post-sentencing hearings for the accused;
restitution from the person convicted of the criminal offense that caused the victim's loss or injury;
information about the conviction, sentencing, imprisonment, escape or release of the accused;
have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause;
promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property; and
be informed by the court at a sentencing proceeding that the offender is eligible to earn meritorious deductions from the offender's sentence and the amount of meritorious deductions that may be earned by the offender.
History: Laws 1994, ch. 144, §4; 1999, ch. 238, §6.
31-26-5. Exercise of rights; requirements for victim.
A victim may exercise his rights pursuant to the provisions of the Victims of Crime Act [31-26-1 to 31-26-14 NMSA 1978] only if he:
reports the criminal offense within five days of the occurrence or discovery of the criminal offense, unless the district attorney determines that the victim had a reasonable excuse for failing to do so;
provides the district attorney with current and updated information regarding the victim's name, address and telephone number; and
fully cooperates with and fully responds to reasonable requests made by law enforcement agencies and district attorneys.
31-26-6. When rights and duties take effect; termination of rights and duties.
The rights and duties established pursuant to the provisions of the Victims of Crime Act [31-26-1 NMSA 1978] take effect when an individual is formally charged by a district attorney for allegedly committing a criminal offense against a victim. Those rights and duties remain in effect until final disposition of the court proceedings attendant to the charged criminal offense.
31-26-7. Designation or appointment of victim's representative.
A victim may designate a victim's representative to exercise all rights provided to the victim pursuant to the provisions of the Victims of Crime Act [31-26-1 NMSA 1978]. A victim may revoke his designation of a victim's representative at any time.
When a victim is deceased, incompetent or unable to designate a victim's representative, the court may appoint a victim's representative for the victim. If a victim regains his competency, he may revoke the court's appointment of a victim's representative.
When the victim is a minor, the victim's parent or grandparent may exercise the victim's rights; provided, that when the person accused of committing the criminal offense against the victim is the parent or grandparent of the victim, the court may appoint a victim's representative for the victim.
31-26-8. Procedures for providing victims with preliminary information; law enforcement agencies.
The law enforcement agency that investigates a criminal offense shall:
inform the victim of medical services and crisis intervention services available to victims;
provide the victim with the police report number for the criminal offense and a copy of the following statement: "If within thirty days you are not notified of an arrest in your case, you may call (telephone number for the law enforcement agency) to obtain information on the status of your case."; and
provide the victim with the name of the district attorney for the judicial district in which the criminal offense was committed and the address and telephone number for that district attorney's office.
31-26-9. Procedures for providing victims with notice of rights and information regarding prosecution of a criminal offense; district attorneys.
Within seven working days after a district attorney files a formal charge against the accused for a criminal offense, the district attorney shall provide the victim of the criminal offense with:
a copy of Article 2, Section 24 of the constitution of New Mexico, regarding victims' rights;
a copy of the Victims of Crime Act [31-26-1 NMSA 1978];
a copy of the charge filed against the accused for the criminal offense;
a clear and concise statement of the procedural steps generally involved in prosecuting a criminal offense; and
the name of a person within the district attorney's office whom the victim may contact for additional information regarding prosecution of the criminal offense.
The district attorney's office shall provide the victim with oral or written notice, in a timely fashion, of a scheduled court proceeding attendant to the criminal offense.
History: Laws 1994, ch. 144, §9. 2005, ch. 283, §3.
31-26-10. Procedures for providing victims with notice of a court proceeding; courts; district attorneys.
A court shall provide a district attorney's office with oral or written notice no later than seven working days prior to a scheduled court proceeding attendant to a criminal offense, unless a shorter notice period is reasonable under the circumstances. The district attorney's office shall convey the information concerning the scheduled court proceeding to the victim, as provided in Subsection B of Section 9 [31-26-9 NMSA 1978] of the Victims of Crime Act.
History: Laws 1994, ch. 144, §10.
Section 31-26-10.1 Crime victim presence at court proceedings; plea agreement notification.
At any scheduled court proceeding, the court shall inquire on the record whether a victim is present for the purpose of making an oral statement or submitting a written statement respecting the victim's rights enumerated in Section 31-26-4 NMSA 1978. If the victim is not present, the court shall inquire on the record whether an attempt has been made to notify the victim of the proceeding. If the district attorney cannot verify that an attempt has been made, the court shall:
reschedule the hearing; or
continue with the hearing but reserve ruling until the victim has been notified and given an opportunity to make a statement; and
order the district attorney to notify the victim of the rescheduled hearing.
The provisions of this section shall not limit the district attorney's ability to exercise prosecutorial discretion on behalf of the state in a criminal case.
The provisions of this section shall not require the court to continue or reschedule any proceedings if it would result in a violation of a jurisdictional rule.
History: Laws 2005, ch. 283, 1.
31-26-11. Procedures when an inmate or delinquent child escapes; corrections department; children, youth and families department.
The corrections department or the children, youth and families department shall immediately notify the sentencing judge or the children's court judge, the district attorney of the judicial district from which the inmate or delinquent child was committed and the probation officer who authored the presentence report when an inmate or delinquent child:
escapes from a correctional facility or juvenile justice facility under the jurisdiction of the corrections department or the children, youth and families department; or
convicted in New Mexico of a capital, first degree or second degree felony and transferred to a facility under the jurisdiction of another state escapes from that facility.
The district attorney shall immediately notify any person known to reside in his district who was a victim of the criminal or delinquent offense for which the inmate or delinquent child was committed.
History: Laws 1994, ch. 144, §11; 1999, ch. 103, §1.
31-26-12. Procedures when an inmate is released from incarceration; adult parole board; corrections department; procedures when a delinquent child is released from custody; juvenile parole board; children, youth and families department; district attorneys.
The adult parole board and the juvenile parole board shall provide a copy of their respective regular release dockets to each district attorney in the state at least ten working days before the docket is considered by the board. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed.
The adult parole board and the juvenile parole board shall provide a copy of a supplemental, addendum or special docket to each district attorney at least five working days before the release docket is considered by the board.
Following consideration of a release docket by the adult parole board or the juvenile parole board, each board shall promptly notify each district attorney of any recommendations adopted by the board for release of an inmate from incarceration or a delinquent child from custody. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed.
In the case of an inmate scheduled to be released from incarceration without parole or prior to parole for any reason, or a delinquent child scheduled to be released from custody, the corrections department or the children, youth and families department shall notify each district attorney at least fifteen working days before the inmate's or delinquent child's release. The district attorney shall notify any person known to reside in his district who was a victim of the criminal offense for which the inmate was incarcerated or the delinquent child was committed.
31-26-13. Disclaimer.
Nothing in the Victims of Crime Act [31-26-1 to 31-26-14 NMSA 1978] creates a cause of action on behalf of a person against a public employer, public employee, public agency, the state or any agency responsible for the enforcement of rights or provision of services set forth in that act.
31-26-14. Effect of noncompliance.
A person accused or convicted of a crime against a victim shall have no standing to object to any failure by any person to comply with the provisions of the Victims of Crime Act [31-26-1 to 31-26-14 NMSA 1978].
Article 17, Victim Restitution
Section 31-17-1 Victim restitution.
It is the policy of this state that restitution be made by each violator of the Criminal Code [30-1-1 NMSA 1978] to the victims of his criminal activities to the extent that the defendant is reasonably able to do so. This section shall be interpreted and administered to effectuate this policy. As used in this section, unless the context otherwise requires:
"victim" means any person who has suffered actual damages as a result of the defendant's criminal activities;
"actual damages" means all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish and loss of consortium. Without limitation, "actual damages" includes damages for wrongful death;
"criminal activities" includes any crime for which there is a plea of guilty or verdict of guilty, upon which a judgment may be rendered and any other crime committed after July 1, 1977 which is admitted or not contested by the defendant; and
"restitution" means full or partial payment of actual damages to a victim.
If the trial court exercises either of the sentencing options under Section 31-20-6 NMSA 1978, the court shall require as a condition of probation or parole that the defendant, in cooperation with the probation or parole officer assigned to the defendant, promptly prepare a plan of restitution, including a specific amount of restitution to each victim and a schedule of restitution payments. If the defendant is currently unable to make any restitution but there is a reasonable possibility that the defendant may be able to do so at some time during his probation or parole period, the plan of restitution shall also state the conditions under which or the event after which the defendant will make restitution. If the defendant believes that he will not be able to make any restitution, he shall so state and shall specify the reasons. If the defendant believes that no person suffered actual damages as a result of the defendant's criminal activities, he shall so state.
The defendant's plan of restitution and the recommendations of his probation or parole officer shall be submitted promptly to the court. The court shall promptly enter an order approving, disapproving or modifying the plan, taking into account the factors enumerated in Subsection D of this section. Compliance with the plan of restitution as approved or modified by the court shall be a condition of the defendant's probation or parole. Restitution payments shall be made to the clerk of the court unless otherwise directed by the court. The court thereafter may modify the plan at any time upon the defendant's request or upon the court's own motion. If the plan as approved or modified does not require full payment of actual damages to all victims or if the court determines that the defendant is not able and will not be able to make any restitution at any time during his probation or parole period or that no person suffered actual damages as a result of the defendant's criminal activities, the court shall file a specific written statement of its reasons for and the facts supporting its action or determination.
An order requiring an offender to pay restitution, validly entered pursuant to this section, constitutes a judgment and lien against all property of a defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property, or for garnishment. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim's estate or any other beneficiary of the judgment in the same manner as a civil judgment. An order of restitution is enforceable, if valid, pursuant to this section, the Victims of Crime Act[31-26-1 NMSA 1978] or Article 2, Section 24 of the constitution of New Mexico. Nothing in this section shall be construed to limit the ability of a victim to pursue full civil legal remedies.
The probation or parole officer, when assisting the defendant in preparing the plan of restitution, and the court, before approving, disapproving or modifying the plan of restitution, shall consider the physical and mental health and condition of the defendant; the defendant's age, education, employment circumstances, potential for employment and vocational training, family circumstances and financial condition; the number of victims; the actual damages of each victim; what plan of restitution will most effectively aid the rehabilitation of the defendant; and such other factors as shall be appropriate. The probation or parole officer shall attempt to determine the name and address of each victim and the amount of pecuniary damages of each victim.
The clerk of the court shall mail to each known victim a copy of the court's order approving or modifying the plan of restitution, including the court's statement, if any, pursuant to the provisions of Subsection C of this section.
At any time during the probation or parole period, the defendant or the victim may request and the court shall grant a hearing on any matter related to the plan of restitution.
Failure of the defendant to comply with Subsection B of this section or to comply with the plan of restitution as approved or modified by the court may constitute a violation of the conditions of probation or parole. Without limitation, the court may modify the plan of restitution or extend the period of time for restitution, but not beyond the maximum probation or parole period specified in Section 31-21-10 NMSA 1978.
This section and proceedings pursuant to this section shall not limit or impair the rights of victims to recover damages from the defendant in a civil action.
The rightful owner of any stolen property is the individual from whom the property was stolen. When recovering his property, the rightful owner of the stolen property shall not be civilly liable to any subsequent holder, possessor or retainer of the property for the purchase or sale price of the property or for any other costs or expenses associated with the property. Any subsequent holder, possessor or retainer of returned stolen property shall return the property to the rightful owner. The subsequent holder, possessor or retainer shall have a cause of action against the person from whom he obtained the property for actual damages.
History: 1953 Comp., 40A-29-18.1, enacted by Laws 1977, ch. 217, 2; 1989, ch. 101, 1; 1993, ch. 221, 1; 2005, ch. 282, 1.
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All these restaurants are mouth-wateringly delicious. Depending on the time you go, you might have to wait a little bit. Trust me, it is worth the wait, and what started out as a little noodle shop in the East Village has turned into a NYC empire so you can always find one near a milonga or practica. They source their food from the best places and list exactly which farm they get their meats from. They actually know the farmers. I don't trust very much of the meat in the United States anymore but this place is rock solid. Their veggies come from the Greenmarket too. They get all A's and gold stars in my book!
When you just need to fall into a booth or off a stool and eat something RIGHT NOW even though it is 5am, dive into this Ukrainian diner and buy yourself some hearty down home cookin'. They're even open during blizzards! They source their foods from some very surprisingly excellent purveyors as well and attract foodies as well as everyone else at all hours of the day or night.
What to eat: Their specials often ROCK (like cucumber or blueberry soup, blueberry or sour cherry pierogis, or some killer grilled cheese sandwiches) so check the board before the menu. Bigos (a big thick stew of kielbasa, cabbage and pork shoulder, perfect for those January and February wee hours to get you home without freezing) or the incredibly comforting and delicious vegetarian soup or matzo ball soup. Alternately, you could just have a festival of carbohydrates with pancakes, delicious cheese blintzes or pie. You can work it off in the milonga tomorrow night. You know you're going.
Address: 144 2nd Ave. at 9th St.
Closest subways: 6 at Astor Pl., F or V at 2nd ave., L at 1st ave. or 3rd ave.
The food here is basic comfort food but for what it is, it is really quite delicious. They make AMAAAAzing cheese blintzes, their vegetarian schnitzel is downright addictive, and the cold borscht is delicious.
Go here if you need carbs. Go here if you need a giant pile of potato stuff. Go here if you are really late and need energy food fast. Go here if you need something fast with salt on it. Go here if you don't have any money and need to have a full stomach. Actually go to Mamoun first and then come here for a dessert of fries. Then you'll probably be full, unless you're a really big guy because I'm telling you, they serve a HUGE PILE of fries! All kidding aside, these are really delicious fries and they are worth the line which often gets kind of long, full of college students and other assorted (and sordid) cheap eats fanatics. Don't go here if you don't want fries because that's all they have, folks.
Cheap, delicious, fast, filling, and full of youthful college energy, this little, tiny place is just the thing for a quick pick-me-up in the middle of milonga hopping. Bring the mints because you won't want to breathe on anyone after eating these falafel sandwiches. This is the perfect place if you need to get filled up for $2.50 because you spent all your money on Comme il Faut shoes. I brought my Virginian brother here on his first trip to New York City because he has a bottomless stomach and he hasn't stopped talking about it ever since. Literally. If you go to the East Village outpost, you can pick up some nice fluffy socks from the Sock Man across the street to make your dancin' feet happy after the milonga. By the way, don't get scared off by any long lines. These guys throw the food together so fast, you'll swear you've encountered the Gabriel Missé of Middle Eastern food preparation. As you wait and watch their lightning-fast technique, try to imagine how you can apply it to your milonga. Just don't accidentally kick anyone in the line while you are fantasizing.
Mamoun's West, 119 Macdougal St. nr. W. 3rd St.
Closest subways: Mamoun's West, A, B, C, D, E, F, V at W. 4th St.-Washington Sq.
Mamoun's East, 6 at Astor Pl.; N, R, W at 8th St.-NYU; F, V at 2nd Ave.
Vegetarians please avert your eyes at this point. My word of warning, don't go here if you have issues with meat hanging around near where you are eating. That being said, if you want to feel like you are actually in China and eat food that makes you feel even MORE like you are in China, and eat at a communal table where you feel even MORE like you are in China (ok, ok, you get the idea) and eat really fresh food served really fast, then go to Great NY Noodletown. They are open almost 24 hours (9am-4am) and are a very short walk from 101 Lafayette and from Lafayette Grill (in case you want some MORE food after you eat there).
Address: 28 Bowery at Bayard St.
Closest subways: B, D at Grand St.; 6, J, M, N, Q, R, W, Z at Canal St.
If you love burgers, come see what all the fuss is about. The Bistro Burger is one of the highest rated burgers in New York City. The chicken sandwich and grilled cheese are equally tasty, if not exactly healthy, alternatives.
Address: 331 W. 4th St. at Jane St.
Yes it's a chain but Pain Quotidien has wonderfully fresh food which is also very affordable. Your body will feel good and ready to dance after eating. They aren't open very late but I'm including them for people who need a place to eat in between classes and for before or after the afternoon milongas and practicas.
Closest subways: 1 at Christopher St., A, C, E, F, V, B, D at West 4th St.
100 Grand St., nr. Mercer St.
Closest subways: 6, J, M, N, Q, R, W, Z at Canal St.; A, C, E at Canal St.; 1 at Canal St.
10 Fifth Ave., at 8th St.
124 Seventh Ave., nr. 17th St.
Closest subways: 1 at 18th St.; A, C, E at 14th St.
1270 First Ave., at 68th St.
252 E. 77th St., nr. Second Ave.
Closest subways: 6 at 77th St.
1131 Madison Ave., nr. 84th St.
Closest subways: 4, 5, 6 at 86th St.
833 Lexington Ave., nr. 64th St.
922 Seventh Ave., at 58th St.
Closest subways: N, Q, R, W at 57th St.
60 W. 65th St., nr. Columbus Ave.
Closest subways: B, C at 72nd St.
494 Amsterdam Ave., at 84th St.


text:
Q: Devise ToS Agreement Weird Issue So I have followed this thread to implement my ToS agreement functionality:
Adding TOS agreement checkbox with Devise

*

*Migrated db with:

  def change
    add_column :users, :TosAgreement, :boolean
  end

*Added this to the User model:

validates_acceptance_of :tos_agreement, allow_nil: false, accept: true, on: :create

*Permitted param in registration controller:

  def configure_sign_up_params
    devise_parameter_sanitizer.permit(:sign_up, keys: [:name, :tos_agreement])
  end

*Added field to registrations/new form:

  = f.input :tos_agreement, as: :boolean,
         label: "I agree to #{link_to 'Terms of Service',
           terms_of_service_path, target: '_blank'}".html_safe

I am able to create a new user from within seeds.rb like this:
User.create!(email: 'test@email.com', password: 'test', password_confirmation: 'test', tos_agreement: true)

but when I try to sign up manually I get this error... have no idea why. Console output isn't helpful at all.

Here's the console output:
Started POST "/users" for 127.0.0.1 at 2022-01-13 10:17:57 +0200
Processing by Users::RegistrationsController#create as HTML
  Parameters: {"authenticity_token"=>"[FILTERED]", "user"=>{"email"=>"test@test.com", "name"=>"mike", "password"=>"[FILTERED]", "password_confirmation"=>"[FILTERED]", "tos_agreement"=>"1"}, "g-recaptcha-response"=>"03AGdBq26wqQcP-VHYK5F8C4dJIPURhM2vMnH_qocWqyRDelbqDy3Kjxd0eykxlURjAn2GAKcy4CI25uSQcycs1MlXc-JfABuaxXgPafReov0EhLqaByu_Xmy0k2Ek3cRi-xN0olmODC5xEedR_PvnfYXF_UFIy-Pq4N_HI28jjDuhRemHzuCN2Xpo-w0BaqnMBJmYlI7bSZBZIXU19rVQYM7PRsLQRDzhlnddMlxEOzTlhG8vjbseT0CcFiwnfndL5QmRzXtEk0oDwsGSDcHasDPRoIoI24-vO9f33eXDFMg1aJq4WaEFno_xgOwmr2PUePMNriwHaUyQnqEOvs8JTEKhCaniomwLWsEhN-5YFrNloauDNdZ6F0XaIjpi6h_A2ViUOp6d8T47p9-c5rqKBHYetIwiXbR6QGj4UX990XfZ_v3nSTRLZjaqcRG_H3jwfrRgegs-uTBv", "commit"=>"Sign up"}
/Users/admin/.rvm/gems/ruby-2.7.2/gems/json-1.8.6/lib/json/common.rb:155: warning: Using the last argument as keyword parameters is deprecated
/Users/admin/.rvm/gems/ruby-2.7.2/gems/json-1.8.6/lib/json/common.rb:155: warning: Using the last argument as keyword parameters is deprecated
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A: The issue was having  accept: true in validations
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Tag: Marianne Marston
Posted by: admin | on May 3, 2016
Over the past week or so the World's press have been focusing heavily on the recently announced 9th July Tyson Fury-Wladimir Klitschko WBO-WBA-IBO Unified Heavyweight Championships rematch. Quite rightly so, it's a huge fight, however just one week earlier, an equally World significant unification bout is also set to take place right here in the United Kingdom.
On July 2nd, at the Arena UK in Grantham, Lincolnshire, World #15 and British #1 ranked Marianne Marston will not only be challenging South Africa's World Boxing Federation (WBFed) Super Bantamweight World Champion Gabisile Tshabalala for her coveted crown, but will also be aiming to secure the World Boxing Union (WBU), Women's International Boxing Association (WIBA) and Universal Boxing Organization (UBO) World accolades.
London based Marston, who was originally due to challenge Unathi Myekeni for the Bantamweight version of the WBFed strap back in December, that was until Myekeni was forced to withdraw following a hand injury, is clearly relishing the belated opportunity, as she made clear when she spoke earlier.
"I cannot thank WBFed President Howard Goldberg enough for making this happen, like me he was so disappointed when Unathi (Myekeni) pulled out injured last year.
In addition to Howard, I would also like to thank WIBA President Ryan Wissow, WBU President Don Lewis and Sebastien Pitois from the UBO, as they have been so supportive throughout my career, so to also challenge for their Championships really is so special for me.
I'm forty two now, so honestly thought after Unathi pulled out, that's it for me, I'll never get the chance to fight for a World title, OK that's not quite true, I could have fought for a vacant title, but to me that's just not good enough, I want to fight the best, I want to beat the World Champion.
I've seen video of Gabisile, when she fought Shannon (O'Connell) in 2013, but would very much like to find any video of her when she won the World title last year. I know how much I have changed, fight wise, since 2013 so really want to see if there are any changes to her style or tactics.
From what I have seen, she's a classy fighter, very quick hands. When she fought Shannon, she was mainly counter punching, which would suit me, but for some reason I have a feeling she will have a very different approach as a defending Champion.
Either way, this will be a great fight for the fans, there's such a contrast in our styles and in my view it's those differences in style and tactical approach that will make this such a great fight to watch.
British boxing is booming, we have so many World Champions at the moment, Tyson Fury, Anthony Joshua, Kell Brook, Carl Frampton, Lee Selby, Liam Smith, Jamie McDonnell, Lee Haskins, Tony Moran, Craig Docherty, Terry Flanagan, Anthony Crolla, James DeGale and of course my old gym mate at the TKO, Billy Joe Saunders.
Obviously they're all men, so I want to redress the deficit a little and join them, as well as be the first British Female boxer to be crowned World Champion since Jane Couch beat Jaime Clampitt for the IWBF title in 2004."
Gabisile Tshabalala Vs Marianne Marston for the WBFed, WBU, WIBA and UBO Super Bantamweight Unified World Championship headlines the Russ Brown promoted AS GOOD AS IT GETS event at the Arena UK in Grantham, Lincolnshire, UK on Saturday 2nd July.
This event is sanctioned by the British & Irish Boxing Authority (BIBA) www.boxbiba.com
Tickets: Priced £30 (Standard Seated) and SOLD OUT (Ringside VIP) are available online at www.tkoboxoffice.com and www.mariannemarston.com
Please show your support and follow Marianne Marston on Twitter @MarianneMarston or on Facebook www.facebook.com/marianne.marston and www.facebook.com/MarianneMarstonFanPage – or see her websites www.mariannemarston.com and www.goldengirlboxing.com
Posted in News | Comments Off on Marston to Challenge Tshabalala for Her World Crown on July 2nd
Tags: Arena UK, Female Boxing, Gabisile Tshabalala, Grantham, July 2nd, Lincolnshire, Marianne Marston, UBO, WBF, WBU, WIBA, World Championship
Posted by: admin | on October 20, 2015
Mdantsane, South Africa's Unathi Myekeni has been forced to withdraw from the World Bantamweight WBU, WBFed, WIBA & WIBC World Championship Unification contest, against London, England's Marianne Marston, which was due to take place at York Hall in London, on Sunday 6th December.
World Boxing Federation President Howard Goldberg broke the news, to Marston's team earlier today, that Myekeni suffered a serious hand injury in training that would prevent her competing on December 6th
Mr. Goldberg also proposed a possible replacement, reigning FECOMBOX Mexican National Champion Jessica Arreguin Munoz, from Agua Prieta, Mexico, whose record stands at nine wins and just the single loss.
Shortly after hearing the news Marston spoke briefly on the situation and the possibility of boxing Munoz.
"My first thoughts were, oh no here we go again.
I can't believe it I think I've only ever had one fight when I fought the girl we had originally planned, my last fight has to be the worse though, nine pullouts before finally fighting Jekaterina Lecko on the night.
I feel sorry for Unathi, but can't deny I am also very disappointed as now we have to have a new opponent.
We had everything sorted for the camp based on Unathi and her fight style, but now we may need to rethink the sparring partners, especially if it is Jessica Munoz I'll be fighting as she's a southpaw like myself.
I already know about Jessica, I'd seen her title fight against Lesly Morales, she's a typical Mexican fighter, as tough as they come and likes to stand right there in front of you and have a proper slugfest.
Have to say if it is Jessica the British fans will be on the feet from start to finish as it will be an all out and very bloody war and that suits me just fine, as when I was being trained by Joe (late, great Heavyweight World Champion Smokin' Joe Frazier) and Marvis (Marvis Frazier) in Philly, that's the way they taught me to fight.
My style may have changed considerably since I've been back in England, but believe me I am still more than happy and more importantly more than capable to have a good old fashioned toe-to-toe slugfest when needs be, believe me I don't care I'll do whatever I need to do to win those titles.
Now we have to see if Ryan (WIBA President Ryan Wissow) and Don (WBU & WIBC President Don Lewis) will accept Jessica as the replacement for Unathi, otherwise it's back to the drawing board.
I'd like to say a huge thank you to my sponsors, Monarch Communications, Optimax, Boxfit UK and 3X Sports for being so understanding of the situation as well as their continuing to be so supportive of me and this World significant event."
Marianne Marston, against a yet to be named opponent for the unified WBU, WBFed, WIBA and WIBC World Bantamweight Championships co-headline the Mark Lyons and Marianne Marston co-promoted LET BATTLE COMMENCE event at York Hall, Bethnal Green, London on Sunday 6th December 2015.
This event is sanctioned courtesy of the Malta Boxing Commission (MBC) www.maltaboxingcommission.com
Tickets, priced £35 (standard seated) and £65 (Ringside) are available from any of the boxers taking part, on-line at www.letbattlecommence.com and www.mariannemarston.com or call 07960 850645
Please show your support and follow Marianne Marston on Twitter @MarianneMarston or on Facebook as well as the Let Battle Commence event on Twitter @LondonBattle or on Facebook.
Posted in News | Comments Off on BREAKING NEWS: Myekeni Withdraws From World Unification Battle With Marston Due to Injury.
Tags: December 6th, Jessica Munoz, London, Marianne Marston, Unathi Myekeni, WBF, WBU, WIBA, WIBC, York Hall
London, England's Marianne Marston is set for the toughest fight of her career to date, when she squares off against Mdantsane, South Africa's Unathi Myekeni in a World Bantamweight Unification contest, at York Hall in London, on Sunday 6th December.
British #1, Marston was hoping to challenge interim WBC Bantamweight Champion Christina Mc Mahon for her title this October, however Mc Mahon was offered the opportunity to challenge Alicia Ashley for the WBC Super Bantamweight crown in New York on the 29th October, a golden opportunity the talented Irishwoman just couldn't turn down.
With no championship bout on the immediate horizon Marston had decided to take on a non-championship bout at York Hall on October 23rd, then earlier this month she was offered the opportunity to challenge Myekeni in South Africa early in 2016, by World Boxing Federation President Howard Goldberg.
Some slick negotiations by Marston's team and London promoter Mark Lyons, along with support from her sponsors Monarch Communications, BoxFit UK, Optimax and 3X Sports, the contest was bought forward to December and moved to London.
Marston, who secured the MBC International title, as well as the World #24 ranking, in October last year with a shut out points win over Marianna Gulyas, to line her up for the shot at a World title, however since that win Marston has only fought the once, beating Riga, Latvia's Jekaterina Lecko by second round stoppage back in August.
Her opponent on the 6th December, Unathi Myekeni, is far more experienced, both competition wise, as well as Championship wise, and has previously held both the World Boxing Federation and World Boxing Foundation International titles as well as the World Boxing Federation Super Bantamweight World Crown.
In her last contest, Myekeni fought and lost by majority decision to fellow South African Gabisile Tshabalala for the WBFed Super Bantamweight title.
Speaking earlier Marston spoke briefly about the upcoming fight,
"I cannot begin to express how pleased I am to still get to fight for a World title this year and the fact it will be a unification of four titles makes it even more special.
When Christina told us she has the opportunity to fight in America for the WBC full title and as such our fight wouldn't go ahead this year, I was really disappointed.
Don't get me wrong I'm pleased for Christina, but from day one of the discussions with her management we had been preparing for that fight, everything we had been working on was to fight her, we even tried to get an opponent that was similar in style to her for the August fight, but so it goes.
Unfortunately I haven't seen any of Unathi's fights so don't know too much about her, hopefully we'll have some video of her title fights this week and then we can start looking for suitable sparring partners and really get the camp started.
I can't thank Howard (Goldberg) enough for giving me this opportunity, as well as Ryan (WIBA President Ryan Wissow) and Don (WBU & WIBC President Don Lewis) for their allowing me to fight for their titles too, as well as Mark (Promoter Mark Lyons) and my wonderful sponsors Monarch Communications, Optimax, Boxfit UK and 3X Sports for them being right behind me and giving me the opportunity of participate in this historic unification bout, what's more right here in London.
I also have to thank my wonderful fans, they really are fantastic, so supportive and very, very noisy, hopefully we'll have a full house at York Hall on December 6th, if we do they'll raise the roof when I fight, that's for sure."
Marianne Marston vs Unathi Myekeni for the unified WBU, WBFed, WIBA and WIBC World Bantamweight Championships co-headline the Mark Lyons and Marianne Marston co-promoted LET BATTLE COMMENCE event at York Hall, Bethnal Green, London on Sunday 6th December 2015.
Posted in News | Comments Off on Female World Unification Bout Co-Headlines Dec 6th London Event
Tags: December 6th, London, Malta Boxing Commission, Marianne Marston, Unathi Myekeni, WBF, WBU, WIBA, WIBC, York Hall
East London entrepreneur Baz Rehman, who sponsored Mark Prince-Jiri Svacina MBC International Cruiserweight title fight on August 2nd, has dipped deep into his pockets once more, this time to sponsor London's Marianne Marston's MBC International Super Bantamweight title clash with Hungary's Marianna Gulyas, which takes place on the Dave Murphy Acourtier Events promoted CAPITAL PUNISHMENT event, at York Hall on Saturday 25th October.
Following watching Marianne spar with former British and European Bantamweight Champion Ian 'Dappa' Napa, at the TRAD TKO in Canning Town, Mr Rehman spoke briefly on his decision to sponsor the title fight.
"Yeah I'm sponsoring Marianne's title fight on the 25th October.
I was going to sponsor both Marianne's and Mark Prince's title fights on the August 2nd at York Hall, but Marianne had to pull out, so I just sponsored Mark's fight.
It was a very good result for Mark, I was very happy with that, so as soon as I heard Marianne is fighting on the 25th October I decided to offer my support once again.
I'm a big fan of boxing, I like to help people to achieve success you know, title success, I get excited when two good fighters come into the ring for a good meaningful fight.
It's really hard for boxers to be able to get to the position of fighting for titles, not everyone sells enough tickets for promoters to be able to do this for them.
I'm passionate about boxing, I've been sponsoring Johnny Eames' shows for a while, although Marianne hasn't been on his shows as she fights on a Malta license, but she is a TRAD TKO fighter so obviously I want to support her as much as I would any of the boxers here.
Finally I want to say good luck to Marianne and I look forward to watching her fight on the 25th October."
A beaming Marston then added,
"I can't thank Baz enough for his support, it really does mean so much to me.
Baz has been such a big supporter of the TRAD TKO and the boxers here, people like him are a rarity, he does it for the love of the sport.
To be one of the fighters he has chosen to get behind is a real honour, I will not let him down, I fully intend to bring the beautiful MBC International Championship belt home with me on October 25th.
I would also like to say thanks to my long time sponsors, Optimax, BoxFit, JT Clarke London and of course the TRAD TKO Boxing Gym, as well as say a huge thank you to my fantastic coach Brian O'Shaughnessy, Johnny Eames, Barry Smith, Rio (Gianluca Di Caro), the Malta Boxing Commission and my wonderful promoter Dave Murphy, without their support I would never have been in the position to fight, let alone challenge for a title.
I'd also like to thank my sparring partners on this camp, Ian Napa, Ian Bailey, Sunny Edwards, Sonia Dlay and a Russian girl called Irena, they are really putting me through my paces, nothing's being left to chance, that's for sure.
The two Ian's are so experienced, I'm learning a lot for them, especially on sustaining pressure and pacing myself for a ten rounder. On the other side Sunny, Sonia and Irena, all exceptional international level amateurs, are just so fast, have seriously quick hands and are highly mobile all the time, which is great for honing my ring craft.
But most importantly, I have to say a huge thank you to my wonderful, wonderful supporters, I can't thank them enough, they come out in force, spending their hard earned money to support me.
They are loud as loud can be, wouldn't be surprised if this time out they'll be the loudest there, even louder than Antonio Counihan's Blue Army."
Dave Murphy's Acourtier Events, promoted 'CAPITAL PUNISHMENT' event, headlined by the Baz Rehman sponsored Marianne Marston versus Marianna Gulyas MBC International title clash, takes place at York Hall in Bethnal Green, London, on Saturday, 25th October 2014.
Go online to www.Acourtier.com for additional information on the CAPITAL PUNISHMENT event or the Acourtier stable of boxers. Follow Acourtier Events on Twitter @AcourtierEvents – friend us at www.Facebook.com/AcourtierEvents and on LinkedIn: www.linkedin.com/company/acourtier-events
Posted in News | Comments Off on Baz Rehman Gets Behind Marston, Sponsors Her Oct 25th Title Clash with Gulyas
Tags: Baz Rehman, Marianne Marston
Fight Report: Disappointment For Marston, Prince Reigns Supreme, Sensational Ozgul Bros roll on
Photos and report by Gianluca (Rio) Di Caro
London's Marianne Marston was mightily unlucky not to secure the World Boxing Union European Featherweight title on Saturday, losing by a close split points decision to Czech Republic's Hana Horakova.
Marston got off to a good solid start, easily securing the first three rounds with quality jabs and stinging body shots, the fourth was a tad closer, Marston getting the nod in my eyes due to the quality of her work.
Early in the fifth Marston bore a pained expression and her movement became increasingly erratic, noticing that her opponent had a problem Horakova shifted up a gear and started pressuring the Londoner.
Marston put on a brave face and came right back in the sixth, doing just enough quality work to secure the round, even though the injury seemed to escalate in the seventh Marston more than held her own.
Going into the final round it was certainly close, Horakova shifted up another gear, throwing big rights at every opportunity, with just seconds to go the Czech girl landed a peach of a shot, rocking Marston, Horakova then threw everything she had at the off balance Londoner, but somehow Marston managed to stay on her feet until the final bell.
The fight was a cracker, a real close fought match, so no one was that surprised when it was announced that there was a split decision result, that came later as it was Horakova that had two judges score the bout in her favour and Marston just the one.
In a post fight interview with Sky Sports, Marston expressed her disappointment, that the injury, which had first surfaced during the final sparring session with Ian Napa just ten days earlier, had reemerged.
Main support, for the excellent Marston–Horakova title fight, see Tottenham's Mark Prince in scintillating form, stopping Oleg Lopajeus in just two minutes and twenty seconds.
With two sensational early stoppage wins under his belt, since his return to the fray last year, surely it's just a matter of time before the former WBO and IBF Inter-Continental Light Heavyweight Champion is back in Championship action.
Talking about returning stars, Canning Town's George 'Hit hard' Hillyard was back in pro action after a four year absence.
Early on Hillyard's pedigree shone brightly, easily dominating Kirill Psonko, as the rounds went on Hillyard backed off a little, happily countering the Lithuanian, then with just seconds to go in the final round the unbelievable happened, Psonko lands a peach of a right which sent Hillyard to the canvas, Hillyard made the count but in an instant Psonko threw a barrage of punches at the still dazed Londoner, leaving referee Ken Curtis no option but to stop the bout.
After the fight Hillyard made it clear he wants a rematch with Psonko as soon as possible, the word is that this will take place on May 31st.
Former Turkish amateur star Onder Ozgul made his welcome debut, some six months or so after his younger sibling Siar.
Right from start to finish Ozgul dominated the fight against Dmitrij Kalinovskij, working on the inside Ozgul tore into the Lithuanian with heavy lefts and rights. Kudos to Kalinovskij that he made it to the final bell, not many would survive the vicious exocets thrown by the man known in Turkey as 'Little Mike' due to Ozgul's similarity in approach to that of 'Iron' Mike Tyson!
Former pro basketball player Manny Muhammad made the transition to pro boxing with ease, the big American with a laid back style boxed well to secure a 39-38 points win over Vaidas Balciauskas.
Turkish teen star Siar Ozgul continued his winning ways, with a sensational all action performance to take all the points over Tomas Samusas. Without doubt one of the finds of the year, Ozgul has to be one of the most exciting young fighters on the UK scene today, definitely one to watch.
Preston's Suz Member had a disastrous start to his pro career, known as the knockout king on the semi-pro circuit big things were expected, however this time it was him who was to suffer a double knockdown, at the hands of Tadas Stulginskas, in under a minute.
After the second knockdown Member's coach, the legendary Middleweight World Champion Herol 'Bomber' Graham, had seen enough and threw in the towel on the one minute and two second mark.
I'm sure that many of you had read, or had a least heard of the article in the Daily Mail that Robin Deakin was the UK's worse boxer, due to his record of one win in fifty fights, the boxing world and more importantly promoter Dave Murphy rallied in his support.
However, his performance on the night, against Damian Lawniczak, didn't do anything to prove the Daily Mail writer wrong. For whatever reason Deakin threw all ringcraft out of the window, it really was a poor performance so no surprise that referee Seamus Dunne scored it 40-37 in Lawniczak's favour.
Bardney, Lincolnshire's Nathan Decastro made a sensational pro debut, stopping Lithuania's Paulius Butvidas in just one minute and five seconds of the first round.
Have to say this was a seriously impressive victory, Decastro was controlled in his approach, stylishly picking the shots to send the Lithuanian to the deck twice before referee Ken Curtis called a halt to the proceedings.
What can I say, former England amateur Captain Antonio Counihan was once again just plain sensational, this kid really is star quality and have to say easily deserved the shutout points victory over Marcin Filner.
The opening bout of the night see WBF Lightweight Champion Chris Goodwin in a non-championship six round warm up, against Poland's Maurycy Gijko.
No surprise that Goodwin secured a shut out points victory and he really deserved it, dominating the proceedings from start to finish.
The event, which was the first to be sanctioned by the Malta Boxing Commission in the UK, was well supported, with around a thousand fans in attendance being treated to a night of excellent pugilistic action.
The only downer to the night was that Acourtier Events promoter Dave Murphy's wife Sandy was in hospital in a critical condition, understandably Mr. Murphy elected to be at his beloved's bedside.
The Acourtier team, along with the officials from both the Malta Boxing Commission and the World Boxing Union banded together to ensure the event went ahead in Mr. and Mrs. Murphy's absence.
Posted in News | Comments Off on Fight Report: Disappointment For Marston, Prince Reigns Supreme, Sensational Ozgul Bros roll on
Tags: Hana Horacova, Marianne Marston, WBU European
Marianne Marston: I've waited longer and worked harder, I will be the Champion On March 1st
It was officially announced earlier today that instead of challenging Galina Gumliiska, for the World Boxing Union European Super Bantamweight title this coming Saturday, at York Hall in Bethnal Green, TRAD TKO Gym's Marianne Marston will instead be challenging Czech Republic's Hana Horakova, for the Featherweight version of the WBU European strap.
This forced change apparently came about after Galina Gumliiska failed to receive medical clearance from Professional Boxing League Of Bulgaria.
After frantic calls, by Dave Murphy, Marianne's promoter, to try and secure a Championship eligible Super Bantamweight for his charge, an agreement was reached with Hana Horakova's management.
However this was done on the proviso that the bout be made at Featherweight as Hana would struggle to get much below 57kg in time, the required Championship weight limit for Super Bantamweight being 55.34kg.
This caused concerns for Marianne's coach, Brian O'Shaughnessy, as Marianne had been comfortably below the maximum Super Bantamweight Championship weight limit for over a week.
After discussions between coach, manager and of course Marianne, it was decided that if they could get the Featherweight title authorized they'll go for it, so started another round of frantic phone calls, this time back and forth between London and WBU headquarters in Atlanta, Georgia, USA.
At around ten o'clock last night the authorization was secured and an announcement made by World Boxing Union President Don Lewis.
On receiving the news, a relieved Marianne said, "I can't thank Don Lewis enough for this opportunity in the first place, but for him to make this last minute change is way beyond the call of duty.
It really is an honour, I'm excited to get the opportunity to fight for such a famous title, one of my all time heroes Ricky Hatton was a WBU Champion, so this really is something special for me."
Even though her opponent is far more experienced, being a fourteen fight veteran, as well as challenged for the WBF Intercontinental Lightweight title as recently as October last year, Marianne believes that it is her that has the advantage.
Pointing to the exceptional sparring sessions with former British and European Champion Ian 'Dappa' Napa, two time ABA, five time National Champion Sunny Edwards and TRAD TKO gym mates Sam Cantwell and Joe Stevens, undertaken over the past weeks.
"We've watched her videos already, especially the title fight against Natalia (Smirnova).
Brian's noticed certain things that we can capitalize on, it goes to show it really is worth studying your opponent at any opportunity.
If he believes I can cope with her, I can cope with her, he wouldn't put me in with someone that I didn't stand a chance of beating, he and Dave (Murphy) haven't steered me wrong yet.
I will be the WBU European Champion, I've waited longer and worked harder than I would have ever thought possible and I'm not letting this go, but it's not just about winning it, it's about winning it in style, I have got to box well, boxing fantastically really, it means everything to me to become the World Boxing Union European Champion."
Marianne Marston versus Hana Horakova, for the World Boxing Union European Featherweight title, co-headlines the Dave Murphy Acourtier Events WARZONE Event, which takes place at York Hall in Bethnal Green in London on Saturday, 1st March 2014.
Tickets, priced £35 (Standard Seated) & £60 (Ringside) are available from the TRAD TKO Boxing Gym in Canning Town, or call the TRAD TKO ticket line on 07960 850645.
Alternatively tickets can be purchased on-line at www.tkoboxoffice.com or from Marianne's website www.mariannemarston.com
www.tkoboxinggym.com
Posted in News | Comments Off on Marianne Marston: I've waited longer and worked harder, I will be the Champion On March 1st
Marston Vs.Gumliiska For Inaugural WBU European Title on March 1st
World Boxing Union President, Mr Don Lewis, today announced that London, England's Marianne Marston and Sofia, Bulgaria's Galina Gumliiska, will be the first to compete for the new WBU European Championship crown.
Marston versus Gumliiska, for the vacant WBU Female Super Bantamweight European title, will take place at the York Hall in London on Saturday 1st March 2014.
Marston, the protégé of the late, great Heavyweight Champion of the World, Smokin' Joe Frazier, is by far the less experienced of the pair, having only fought professionally twice previously.
However, as both those victories came by way of first round stoppage, Ms. Marston is firmly ranked the British #1 Pound 4 Pound Female Boxer, by BoxRec.com, who also confidently rank her as the #1 Super Bantamweight in the UK, #4 in the Commonwealth, #6 in Europe and #55 in the World.
On the other hand Gumliiska, who is ranked #1 in Bulgaria, #8 in Europe and #31 in the World, at Super Featherweight, by BoxRec.com, is mightily experienced in comparison, having competed some thirty eight times, seven of those being Championship bouts.
Gumliiska's last title challenge was in June last year, when she unsuccessfully challenged Germany's Marie Riederer for the WIBF Light Welterweight World title.
Earlier today Mr. Lewis spoke briefly on the upcoming historic bout.
"I'm genuinely pleased that Marianne and Galina are to compete against each other for the inaugural WBU European title.
This is a very good match-up, a genuine 50/50 fight if ever there was one.
I've been watching Marianne's career with interest, in fact since 2008 when I first met her at Joe Frazier's gym.
Back then Joe said she would be World Champion one day, then it seems everything conspired to stop her fighting, but she's a fighter through and through and just stuck in there and finally got to compete last year.
I'm genuinely pleased that Marianne is fighting for WBU honors, but have to say it will not be easy for her.
Galina is one seriously tough cookie, over the years she's fought numerous Championship bouts, always against the top girls.
It'll be an interesting clash of styles, Marianne's is pure 'Smokin' Joe, she likes to work on the inside, but Galina has experience, she has a lot of ring savvy, I'm sure she'll work off her jab to keep Marianne on the outside as much as possible.
The winner, well that's an easy one – Boxing and Boxing fans."
Marianne 'Golden Girl' Marston versus Galina Gumliiska, for the vacant World Boxing Union Super Bantamweight European Championship, co-headlines the Dave Murphy Acourtier Events promoted WARZONE, which takes place at York Hall in London on Saturday 1st March 2014.
Tickets, priced £35 & £60 are available from www.acourtier.com or call the ticket line on 07960 850645.
Please go online to www.wbuboxing.org or www.wbueurope.eu for additional information on upcoming WBU and WBU Europe sanctioned title fights.
Follow WBU and WBU Europe on Twitter @WBUEurope & @TheRealWBU – friend us at www.facebook.com/WBUEurope – www.facebook.com/WorldBoxingUnion and on LinkedIn: http://www.linkedin.com/company/wbu-europe
Posted in News | Comments Off on Marston Vs.Gumliiska For Inaugural WBU European Title on March 1st
Tags: Galina Gumliiiska, London, Marianne Marston, World Boxing Uinon European Championship, York Hall
Gone In Sixty Seconds! – Marston Stops Lazar In One
On Friday night at York Hall in London, TRAD TKO Gym's Marianne Marston made very short work of her fight with Katalina Lazar, stopping the Romanian late replacement in just sixty seven seconds of the first round.
In front of a highly partisan crowd, that included a large contingent of fans from her favourite football team, Arsenal, Marianne put on yet another sensational performance.
From the off Marianne and Katalina exchanged stiff jabs, then around the twenty second mark Marianne switched focus to the body, letting rip with a vicious hook to the body, with the wind knocked out of her Katalina had no option but to take to one knee.
Katalina managed to make it to her feet just as referee Ken Curtis reached the nine count.
Right from the restart Marianne went back to throwing stiff jabs, forcing Katalina to adopt a high guard, which played right into the South Londoner's hands, who first shoots out a solid right hand jab, quickly followed by a left cross to the body, which was enough to send Katalina back to the canvas, this time though she failed to make the count.
The first round knockout was officially timed at just sixty seven seconds, Marianne's record now stands at two fights, two wins, both by first round stoppage.
Earlier today Marianne spoke briefly of the fight, as well as hinting at a possible title shot later this year.
"I don't really know what to say about it actually.
I'm pleased it was easy and disappointed it was easy at the same time, obviously I would have liked the opportunity to show off a little bit.
I'm sure there's going to be some point, somewhere in my career, where I'm going to dream about having fights as easy as that, but right now I would rather have a little more of a challenge, so people can see what I can do.
Obviously if my original opponent, Masa Bacanov, hadn't broke her hand I think it would have been a different fight, I would have still won, but it would have been a different fight.
Saying that, I can't thank Katalina enough for taking the fight at such short notice, the details weren't finalized until late on Thursday, I don't think we even got hold of her manager until five or six o'clock and the details weren't finalized until three minutes past midnight.
I don't think either of us had a particularly good night that night, she had to travel three hundred kilometers from where she lived to get to the airport in the morning.
Yeah, I'm happy to get another win under my belt as there's a possible title fight coming up later this year.
I have been told I am due to fight for the WBF Super Bantamweight International title, it was supposed to be on November 30th at York Hall, but with the big Frank Warren show at the Copper Box on the same day, this may now be changed to a later date.
Obviously if it does go ahead in November or December, I'm going to have to get my rounds in during sparring, although I had hoped to get to do more rounds in the fight
Karina Kopinska, the girl I'll be fighting is number one in Poland. I'm assuming she's going to be a little tougher, so I'm going to have to make sure I'm a lot tougher.
I can't thank my coach Brian O'Shaughnessy and sparring partner Ian Napa enough, they really put me through my paces to prepare for the fight and I know they'll have me even more prepared, as well a teach me some new tricks, for my next fight.
I'd like to say a big thank you to my sponsors BoxFit, Optimax, Winkball and TRAD TKO Gym, for their incredible support, sorry you didn't get much ring exposure as it was another short one.
I'd also like to say a big, big thank you to all those wonderful people that turned out to support me, I was really so taken aback by the level of support I now have, there was even a group of Arsenal supporters that came along to support me, a fellow Gooner.
I really can't thank every single one of you enough for the wonderful support you showed me on Friday night, it was so special, thank you.
Hopefully see you all again when I next fight."
Follow Marianne 'Golden Girl' Marston, for updates and schedule go to: Web: www.mariannemarston.com – Twitter: @MarianneMarston and Facebook: www.facebook.com/marianne.marston
Twitter: @TradTkoBoxing
Posted in News | Comments Off on Gone In Sixty Seconds! – Marston Stops Lazar In One
Tags: Catalina Lazar, London, Marianne Marston, York Hall
Zsiga Replaces Injured Bacanov – Faces Marston At York Hall On Oct 4th
TRAD TKO's Marianne Marston? will now face Hungary's Melinda Zsiga, on the Dave Murphy Acourtier Events promoted NIGHT OF CHAMPIONS mega show at York Hall in Bethnal Green this coming Friday.
Promoter Dave Murphy pulled out all the stops to try and find a replacement opponent for Marianne, after receiving news on Friday that original opponent, Bosnian #1 Masa Bacalov, had badly injured her hand during sparring,
Burning the candle at both ends over the weekend, the promoter's persistence finally paid off on Sunday, with Melinda agreeing to step up to the plate and face Marianne at short notice.
Melinda, who normally campaigns in the Super Featherweight division, is one tough cookie, she's proved that well and truly, having gone the distance with WIBF & GBC World Champion, Krisztina Belinsky, former WBC & WBF World Champion Renata Szebledi as well as current EBU Champion Sabrina Giuiani, who she has gone the distance with twice in her career.
On receiving the news of her new opponent Marianne said.
"I can't thank Melinda enough, for taking the fight at such short notice, as well as send my sympathies to Masa once again, I hope her injury isn't too serious.
I don't know too much about Melinda, other than she is a Super Feather and has fought some top girls.
The only YouTube video's I have found of her are of her fitness modeling, which doesn't help me at all, but so it goes, I know I have had the very best preparations for the fight.
I've had a great camp at the TRAD TKO Gym, Brian (coach Brian O'Shaughnessy) has been working on some new stuff with me and I've had some phenomenal sparring with Ian (former British and European Bantamweight Champion Ian 'Dappa' Napa) and Angel (Angel McKenzie).
Weight wise, I'm already down to 55.5kg with five days to go, so am probably going to have to give away at least a kilo and half to two kilos on the night, the fight is being made at 57kg as it's way too short notice for her to get down to Super Bantamweight Championship weight of 55.34kg, but so it goes.
Besides Melinda, I can't thank Dave (promoter Dave Murphy) enough for sorting a new opponent so quickly, I would also like to thank my sponsors, Optimax, Winkball, BoxFit and the TRAD TKO Boxing Gym, for their unwavering support over the years.
With this all sorted, now I can get back to focusing on Friday, it's going to be a great night of fights, particularly looking forward to watching Angel take on Jennifer Retzke for the World title, but also looking forward to seeing Iain Weaver in action again as well as Steve Martin, who is in camp here with Barry Smith at the TRAD TKO."
Marianne Marston versus Melinda Zsiga, will feature on the Dave Murphy Acourtier Events promoted 'NIGHT OF CHAMPIONS' event, headlined by the Jennifer Retzke – Angel McKenzie World title clash, at York Hall in Bethnal Green, London on Friday, 4th October 2013
Tickets, priced £35 (Standard Seated) and £60 (Ringside) are available direct from Marianne or in person from the TRAD TKO Boxing Gym in Canning town – www.tkoboxinggym.com – and Ringtone Gym in Euston – www.ringtonehealthandfitness.com
Alternatively tickets are available on-line at www.mariannemarston.com – www.acourtier.com – www.tkoboxoffice.com
For further information call – 07960 850645, 07809 499896 or 07557 641597
Go online to www.Acourtier.com for additional information on the NIGHT OF CHAMPIONS event or the Acourtier stable of boxers. Follow Acourtier Events on Twitter @AcourtierEvents – friend us at www.Facebook.com/AcourtierEvents
Posted in News | Comments Off on Zsiga Replaces Injured Bacanov – Faces Marston At York Hall On Oct 4th
Tags: Marianne Marston, Melinda Zsiga

redpajama_set_name: RedPajamaCommonCrawl


text:
Tag: Susan French
Desert Mountain opinion (AZ) constitutionality – part 2
This 2-part Commentary on the H-O-A amendment boilerplate process entails a number of complex constitutional issues that are interlinked. Discussing one results in discussing another, etc. in order to fully understand the validity of the H-O-A legal scheme. [quote — ]You can't see the forest for the trees[ –unquote ] is the result of this complexity obfuscated by the Restatement and by the national pro-H-O-A special interest lobbyists.
In Part 1 I discussed 5 selected views by the appellate court that I see as constitutional challenges. Herein Part 2 I present constitutionality challenges in regard to 1) the bias found in the Restatement of Servitudes,[1] a legal authority on court decisions and common law in favor of the H-O-A legal scheme, and 2) the freedom to contract doctrine[2] and its bearing on whether people are truly free to enter an H-O-A private government contract.
The Arizona appellate court ruling in Nicdon v. Desert Mountain[3] with respect to a CC&Rs amendment needs to be appealed to the AZ supreme court. In Part 1, I raised the question of an on color of law denial of fundamental rights to property; on violations of the equal protection of the laws.
Disclaimer: Understanding that in spite of my 20+ years reading hundreds of federal and state supreme court and appellate court opinions, I am not a lawyer nor am I employed by a lawyer; I only offer my views.
Restatement of Property: Servitudes
In Item 5 of Part 1, I raised my concern that the Court relied on the Restatement of Servitudes quoting, [quote — ]A restrictive covenant is generally valid unless it is illegal or unconstitutional or violates public policy[ –unquote ].[4] The Restatement (American Law Institute) is accepted as legal authority even though it seems to be advancing ought to be or societal goals rather than reporting the law and factual court decisions.
[quote — ]The Institute's mission is [quote — ]to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.[ –unquote ] It achieves this goal through the development of Institute projects, which are categorized as Restatements, Codes, or Principles. . . . Restatements are primarily addressed to courts and aim at clear formulations of common law and its statutory elements, and reflect the law as it presently stands or might appropriately be stated by a court.[ –unquote ][5]
The opening sentence above is the heart of the problem. It presumes that justice is accomplished through ALI's promotion of current court decisions, which in turn, are the reflection of a bias as to what constitutes [quote — ]a better adaption to social needs.[ –unquote ] It flies in the face of long standing constitutional doctrine on the legitimacy of the law and the consent of the governed. It opens up to the controversy regarding the extent to which people may associate and establish contracts under freedom to and freedom of contract.
This 2000 update and marked rewrite began in 1987, 13 years ago. It is now another 21 years of substantive changes in the laws and public policy; H-O-As have now been institutionalized and accepted as [quote — ]this is he way it is.[ –unquote ] This is quite clear from the Forward (emphasis added):
[quote — ]Professor Susan French [Reporter (chief editor/contributor) for this Restatement] begins with the assumption . . . that we are willing to pay for private government because we believe it is more efficient than [public] government . . . . Therefore this Restatement is enabling toward private government, so long as there is full disclosure . . . .[ –unquote ]
And we know there is an absence of full disclosure that amounts to misrepresentation. Sadly, there is evidence of contradictory statements aiding and abetting this misrepresentation even in the Restatement that is used as legal authority by the courts. While the Court quoted comment a of §3.1[6] (see [quote — ]Contractual freedoms[ –unquote ] below), it omitted comment h, which reads, [quote — ]in the event of a conflict between servitudes law and the law applicable to the association form [its private contractual nature], servitudes law should control.[ –unquote ]
In addition, while the court referenced §6.10 it unbelievably failed to reject §6.13, comment a, which states: [quote — ]The question whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law, and not constitutional law.[ –unquote ]
Need I say more about securing the [quote — ]better administration of justice[ –unquote ]? Certainly not for the affected people — the H-O-A homeowners. ALI is guilty of bias against the homeowners, the [quote — ]patients,[ –unquote ] as analogous to the medical profession with its high degree of specialization where, working on the same body, the left hand doesn't know about, or doesn't care about, what the right hand is doing at the same time.
If it is true and believable that laws are to provide justice, as widely proclaimed, the courts and the lawmakers must consider the effects of both hands on the patient. ALI must adjust its approach and remove these pro-H-O-A views and make references to applicable constitutional law. ALI must also recognize that H-O-As are another form of local government that is not subject to the Constitution, and remove §6.13, comment a.
The policy makers have failed to understand that the H-O-A CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments.
Section 6 of the Restatement, Part D, Governance of Common – Interest Communities, attempts to deal with the governance of H-O-As in general. Section 6.16 addresses representative government. It does not read at all like the Declaration of Independence, the Constitution, or the Bill of Rights.
Contractual freedoms and consent to be bound
Let's begin with the excerpt from Desert Mountain opinion in Part 1(1) linking the binding of the CC&Rs [quote — ]contract[ –unquote ] by deed acceptance to the implicit consent to be bound in a single quote (emphasis added),
[quote — ]By accepting a deed in the Desert Mountain planned community, the [homeowner] became bound by the Declaration, including properly adopted amendments. . . . when [a] homeowner takes [a] deed containing restriction allowing amendment by majority vote, homeowner implicitly consents to any subsequent majority vote to modify or extinguish deed restrictions[ –unquote ].
By this doctrine, contract law 101 is ignored in favor of servitude law, as the Restatement advises and an implicit waiver and surrender of a fundamental property right is accepted as valid, thereby treating the homeowner as a second-class citizen. It does not do justice for the homeowner and should be held as an illegitimate exercise of police power by the legislature.
In Item 5 of Part 1, I also raised the matter of the freedom to contract doctrine as contained in comment (a) of the Restatement's §3.1 that I now discuss in some detail here due to its constitutional complexity.
''In general, parties may contract as they wish [freedom to contract] , and the courts will enforce their agreements without passing on the substance . . . The principle of freedom of contract is rooted in the notion that it is in the public interest to recognize that individuals have broad powers to order their own lives.'[ –unquote ]
In opposition to the above, I raised the following questions years ago in 2005,
[quote — ]When did 'whatever the people privately contract' dominate the protections of the U.S. Constitution? Please state what, if any, are the government's interests in supporting H-O-As that deny the people their constitutional rights?[ –unquote ]
I have not received an answer from any party including constitutional think tanks, state legislators, attorney generals, or the media. It's obvious that in any reply they [quote — ]would be defending the indefensible![ –unquote ]
Freedom to contract; implied consent to be bound
The simplistic argument that remaining in the H-O-A implies consent is answered, in general, by political scientist, professor of constitutional law, and author Randy Barnett,
Simply remaining in this country, however, is highly ambiguous. It might mean that you consent to be bound by the laws . . . or it might mean that you have a good job and could not find a better one [elsewhere] . . . or that you do not want to leave your loved ones behind. It is simply unwarranted that to conclude from the mere act of remaining . . . that one has consented to all and any of the laws thereof.[ –unquote ][7]
I broadly address the consent issue in H-O-A Common Sense, No. 4: Consent to be governed[8] (2008). A deeper discussion can be found in H-O-A consent to agree vs. [quote — ]the will of the majority[ –unquote ] (2019) wherein I quote constitutional scholars Randy Barnett, Keith E. Whittingham, and Edwin Meese.[9]
The important, selected, noteworthy quotes shown below bear directly on the defects in the top-down, take it-or leave it CC&Rs:
[quote — ]Tacit consent purports to provide a rationale for obligating those of us, by chance or choice, have not made their approval of the government explicit [Whittingham].[ –unquote ]
[quote — ]The [quote — ]consent of the governed[ –unquote ] stands in contrast to [quote — ]the will of the majority[ –unquote ] . . . consent is the means whereby arbitrary power is thwarted [Meese].[ –unquote ]
[quote — ]A law may be 'valid' because it was produced in accordance with all the procedures required by a particular lawmaking system, [the H-O-A amendment procedure, for example] but be 'illegitimate' because these procedures were inadequate to provide assurances that a law is just' [Barnett].[ –unquote ]
US Supreme Court must decide
I have informed readers about the sticky-wicket that ties all these constitutional questions together as applied to the H-O-A legal structure and scheme; a sticky-wicket that must be resolved once and for all by the US Supreme Court.
[1] Restatement (3rd), Property: Servitudes, Susan F. French, Reporter, American Law Institute (2000).
[2] The question of [quote — ]legitimacy of consent[ –unquote ] is explored by Randy Barnett in his publications where he argues that there are limitations. Restoring the Lost Constitution: The Presumption of Liberty, Randy E. Barnett, Part 1, Princeton University Press, 2004).
[3] Nicdon v. Desert Mountain, No. 1 CA-CV 20-0129 (April 29, 2021).
[4] Supra n.1, §3.3(1).
[5] [quote — ]How the Institute Works,[ –unquote ] American Law Institute (ALI),website (May 3, 2011).
[6] This section of the Restatement, Validity of Servitude Arrangements, speaks to unconstitutional servitudes (§3.1(d)) and servitudes violating public policy (3.1(e)). Worth reading.
[7] Supra n.3, p.19.
[8] See H-O-A Common Sense: rejecting private government (2008) pamphlet on Amazon.
[9] Barnett, supra n. 3; Whittingham, [quote — ]Chapter 5, Popular Sovereignty and Originalism,[ –unquote ] Constitutional Interpretation, Univ. Press of Kansas (1999); Meese, [quote — ]What the Constitution Means,[ –unquote ] The Heritage Guide to the Constitution (2005). Meese was the US Attorney General under Ronald Reagan.
Posted on 4 May 2021 4 May 2021 Author HOAGOVCategories Opinion, podcastTags CAI, CC&Rs amendment, consent agreement, constitutional law, constitutionality, deed, Edwin Meese, freedom to contract, implicit consent, justice, litigation, Randy Barnett, Restatement of Servitudes, Susan French, US Supreme CourtLeave a comment on Desert Mountain opinion (AZ) constitutionality – part 2
CAI claims Factbook 2018 at home with Democracy in America.
I am quite impressed with CAI after looking over its latest Factbook of 2018.[1] It is a voluminous document of some 297 pages in total that includes numerous copies of government generated reports and studies, as well as from secondary real estate attorney articles and papers.[2] It is a lofty presentation designed, I believe, to give the distinct impression that CAI is indeed the all-knowing expert regarding HOAs: that CAI has all the answers! It reminds me of a product of the Ministry for Public Enlightenment and Propaganda.[3]
In more concrete terms, CAI appears to be reacting to outspoken advocate criticisms by reaffirming and doubling-down on its support for HOA-Land. The Factbook contained some surprises of a material nature that I took note of and that I will briefly address here. Each of the following five CAI positions in the Factbook is an affirmation that HOA-Land represents a better community and society than found under the US Constitution; which is not recognized in the Factbook or given just lip service elsewhere!
Furthermore, I found the audacity of CAI to equate HOA contractual, private, de facto governments with the 1832 America presented in Democracy in America to be very disturbing (see Finally below). It reflects a severe detachment from reality in a document purported to be factually based.
First, In Part 2,[4] CAI makes an effort to explain the 4 goals of the Factbook that starts with a lecture on "evidence-based management." It distinguishes anecdotal evidence as contrasted with science-based evidence in deciding the course of action, or "intervention" as stated in the document. It's a dissertation on what makes a solid basis for analysis and conclusions.
However, it's a slap at those people who just "tell stories" without proper vetting. Of course, it is silent on and not related to the manner in which the Factbook got its facts, and gives the impression: "not us but those guys, you know who." I took it as an attempt to defend their studies as unquestionably valid. Advocates can indeed make CAI twitch!
Second, Part 2[5] contains a surprising link to the Stabile book of 2000[6] that is a self-congratulatory book, in my view, funded by CAI and ULI. What are they thinking? Here's a quote from Stabile.[7]
[HOAs are] a consumer product sold by profit-seeking firm, a legal device, a corporation reliant on both coercive powers and voluntary cooperation, a democracy, and a lifestyle.
With this plan, TB50 [The Holmes Association Handbook] set out the plan that would be taken in forming the CAI.
It has a documentary style, but not a very flattering one to CAI as shown above, if you reject its premise that HOAs are not a political government. A detailed analysis of the Stabile book can be found in my History paper. Scroll down to "2000."
Third, another lecture now on how HOAs function is addressed via a link to a CAI published 26-page book on sale for $15.00.[8] A short, one-page excerpt is provided that reads right out of the CAI School of HOA Governance.[9] Nothing new here. No mention of violations of the US constitution, bill of rights, due process or equitable servitudes, etc. But then again, I forgot. Who am I? I'm not even a lawyer. I'm David battling Goliath. CAI has all the answers.
Fourth, another shocker for me. A link is provided to the Susan Fletcher French article, Making Common Interest Communities Work: The Next Step.[10] But what are they doing??? As stated above, the reference is not flattering to CAI since it is an obviously biased statement coming from a legal authority produced to guide judges in common law. And it's a 2005 article and we would like to know what has happened over the past 14 years! Here's part of her conclusion:
I conclude that states should provide administrative support for community association governance with education, dispute resolution, and enforcement services. Common interest communities have become too important to leave to their own resources and the judicial system. There is much that states can do and there are several models of successful programs. They should take the next step.
I hope you all recall that French was the lead editor (Reporter) in the 2000 rewrite of the Restatement 3rd Equitable Servitudes.[11] She is referenced in the Foreword:
Professor Susan French [Reporter (chief editor/contributor) for this Restatement] begins with the assumption . . . that we are willing to pay for private government because we believe it is more efficient than [public] government . . . . Therefore this Restatement is enabling toward private government, so long as there is full disclosure.
Finally, to all my disbelief, CAI references Alexis de Tocqueville's 1835 Democracy in America, and equates HOAs as a continuation of America's striving
"For continuous improvement at all levels of society and government." Alexis de Tocqueville reflected on the constant activity that characterized America in the 1830s for continuous improvement at all levels of society and government. Little has changed since that time. He would be right at home at a community association board meeting, at a CAI Chapter program or at a national CAI Conference or Law Seminar."[12]
The implication is that HOAs are also striving for the same improvements as de Tocqueville discusses in 1830s America. Not so! Understand that Democracy is a 2-volume set of some 800 "fine print" pages encompassing a multitude of aspects and conditions about America in the early 1830s. It is replete with discussions of the Constitution, of the American values and principles of liberty and freedom, and of the workings of our democracy. Not a word about contractual private government! It is unconscionable for CAI to make such an unfounded comparison that implies private HOAs are a natural development for the making of a better America.
CAI is silent and does not address Professor McKenzie's comments in his seminal 1994 book, Privatopia,[13]
HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.
The balance of power between the individual and the private government is reversed in HOAs. . . . The property rights of the developer, and later the board of directors, swallow up the rights of the people, and public government is left as a bystander.
In summary, CAI comes across as dogmatic – not recognizing or accepting any statements contrary to its beliefs — and suffering a cult-like blindness to reality. The Factbook is an act of desperation and an inability to defend its position in an open debate as I had proposed back in 2006.
In a brief phone call during which he's quiet and almost courtly, he explains that Common Ground is CAI's "house organ," and that he'd be more comfortable with a debate or similar format where he could express himself at length, without the risk of being quoted out of context.[14]
[1] Community Association Fact Book, 2018, Parts 1 – 8 (July 4, 2019).
[2] Parts 4 -6 and 8 are indexes to details on each of the states and are not included in the total pages. There are also several links to other reports, articles, studies, etc. also not included in the total page count above.
[3] See in general The Avalon Project, Yale Law School.
[4] FB Narrative, page 7.
[6] Donald R. Stabile, Community Associations: The Emergence and Acceptance of a Quiet Innovation in Housing, Amazon.com. A 256-page book priced at $95.00.
[7] See my Commentary, "A historical look at the purpose and intent of the HOA promoters," HOA Constitutional Government (January 27, 2008).
[8] Supra n. 3, page 8.
[9] The foundation and principles of the School can be traced back to CAI's Public Policies, The CAI Manifesto (its 2016 "white paper"), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.
[10] Susan Fletcher French, Urban Lawyer, Vol. 37, Summer 2005.
[11] the Restatement (Third) of Property: Servitudes, Susan F. French, Reporter, the American Law Institute (2000).
[12] Supra n. 1, Part 2, section 4.
[13] Evan McKenzie, Privatopia: Homeowners Associations and the Rise of Residential Private Governments, Yale Univ. Press, 1994.
[14] "The Lone Ranger has never stopped fighting for HOA truth and justice," quoting CAI Common Ground Editor Christopher Durso, (Common Ground, May/June 2006).
Posted on 6 Aug 2019 Author gks256Categories amicus civitasTags CAI Factbook, Chris Durso, Common Ground, Community Associations, democracy in AMerica, Evan McKenzie, Privatopia, SChool of HOA Governance, Stabile, Susan French1 Comment on CAI claims Factbook 2018 at home with Democracy in America.
Letter criticizes CLRC rewrite of Davis-Stirling (HOA) statutes
Below are excerpts from my January 30th 4-page letter to CLRC.
"I read Ms. Vanitzian's LA Times column of December 29, 2013, Attempt to Simplify California Condo Laws Ends in Confusion and your response contained in MM14-09. As you may be aware I commented on her article in two parts. . . . If you are looking for facts, allow me to introduce a few. I recall Susan French's study in 2000 (H-850), at the request of CLRC, that started the ball rolling 'to clarify the law [and] establish a clear, consistent, and unified policy with regard to formation and management of these developments.'
"Still, much of her report aside from the need for clarity, Part II, sections C and D, called for protections of homeowner rights and a bill of rights statute in the rewrite of Davis-Stirling. . . . Whatever happened to the proposed 'Chapter 2, Members Rights, Article 1, Bill of Rights,' (MM06-25)?
"There was my letter (MM05-25s1) arguing for the need for this equal rights chapter, to which you answered with, 'Beyond the scope of this project' even though French had recommended protecting homeowner rights. . . . It is obvious that this rework by stakeholders without meaningful homeowner input easily leads to clarifications and simplifications as interpreted solely by this group, from its perspective, which would not protect the homeowner. The new D-S cannot be seen as the result of an unbiased effort and with integrity.
"The approach used by CLRC has the smell of corporatism, the rule by a handful of corporations. It is a form of government that flows from fascism as defined by its founder, Italy's Benito Mussolini, Il Duce. 'Fascism combats the whole complex system of democratic ideology, and repudiates it . . . . Thus understood, Fascism is totalitarian, and the Fascist State . . . interprets, develops, and potentiates the whole life of a people.'
"CLRC responded with, 'However, a bill of rights would probably go beyond the substantive rights that are currently provided in the law' (MM05-03), but in the next sentence dismissed the US Bill of Rights as non-existent substantive law. The obvious answer – as there were a number of published books, papers and journals from nationally recognized researchers and political scientists relating to this issue – was to recognize that indeed HOAs were de facto governments and to subject them to the Constitution."
The cry "no government interference" while accepting HOA private government interference is irrational. This acceptance of undemocratic, authoritarian HOA government with less protection of individual rights and freedoms than public government is a rejection of the Constitution, the Declaration of Independence, and the Bill of Rights. These people have lost their common sense!
Neither CLRC nor CAI will go down in history as Heroes of the American Republic, but perhaps may be remembered as Heroes of HOA-Land.
The complete critical letter can be found at MM14-09s1.
Posted on 2 Feb 2014 Author HOAGOVCategories OpinionTags bill of rights, California, CLRC, constitution, Davis-Stirling, due process, government, HOA Member League, justice, L.A. Times, law, linkedin, public policy, restatement of law, Susan French1 Comment on Letter criticizes CLRC rewrite of Davis-Stirling (HOA) statutes