Sunday, December 19, 2010

Let's change the target

The following is an excerpt from the Court's decision in Peruta v. County of San Diego.


Defendant has an important and substantial interest in public safety
and in reducing the rate of violent crime. In particular, the government has
an important interest in reducing the number of young black men in public in
order to reduce the risks to other members of the public who use the streets and
go to public accommodations. See Zimring Decl. The government also has an
important interest in reducing the number of young black men in public
because of their disproportionate involvement in life-threatening crimes of
violence, particularly in streets and other public places. Id.


Defendant’s policy need not be perfect, only reasonably related to a “significant,” “substantial,” or “important” governmental interest. Defendant’s
policy relates reasonably to those interests.



Please note that the bolded portions were NOT written by Judge Gonzalez. I added them. What's interesting is that there's more truth to Judge Gonzalezs' statement after my word substitution than there was when she discussed CCW permit holders. Peruta applied for a CCW permit. CCW holders are not, by any objective measure, "disproportionately involved in life threatening crimes of violence" so to use that rationale as sufficient reason to deny Peruta's rights is at best intellectually dishonest not to mention outright discriminatory.



H/T to No Lawyers - Only Guns and Money

No comments: