David Tulis of 92.7 FM NoogaRadio, the self-styled “blogger with the biggest pen,” gives further report to city council about abusive enforcement of the state transportation statute against poor, immigrants, minorities in the Chattanooga by the executive branch, headed by Mayor Andy Berke.
Here’s a sketch of how transportation administrative notice could serve Chattanooga city council to restore constitutional use of Tenn. Code Ann. title 55, the traffic statute, which is being enforced ultra vires and abusively within the city limits.
They are my notes for a four-minute chat with the council March 20, 2018, with video below.
By David Tulis / 92.7 NoogaRadio
Purpose of TAN
➤ Inform you of state of law
➤ Establish distinction travel – transportation
➤ Prompt you to limit executive branch activity (mayor’s office, police department) that is ULTRA VIRES, or outside the bounds
➤ POLICE POWER limited to transportation, not private use
Protector of city
Implied in TAN: Please take charge if Mayor Andy Berke refuses to act.
➤ Council = father, mother. Look out for residents even if they don’t know how to look out for themselves & assert rights
➤ Pull back police if Mr. Berke won’t
How do it? — Insert traffic stop question
➤ “Ma’am, sir, are you using this car as a vehicle for hire or for-profit in commerce?”
Or
“Ma’am, sir, are you using this car or truck as a common carrier for hire or are you involved in the commercial operation of this car or truck for commercial or for-profit purposes?”
In Tennessee law, traffic stop = arrest/seizure. State v. Garcia, State v. Raspberry.
➤ Once officer asks right question (new), he knows whether he has authority to proceed in the arrest to the next question (familiar): Do you have a valid driver license, proof of insurance, registration of car as motor vehicle?
City council, please take advantage of TAN.
Legal groundwork for making Chatt SANCTUARY CITY
TAN suggests Chattanooga could become a sanctuary city in terms of traffic enforcement against private people who are poor, minority, alien, other.
Who under jurisdiction of Title 55? Corporations
Truckers
Cabbies
Courier services
Transportation companies — Covenant Transport, for example
Haulers
Dump truck operators
Bus lines
Yeah, Lyft, Uber
Bright light of transportation admin notice
You look little pale. Get under bright light. Get a TAN.
➤ Obeying law will end a long time oppression against minorities, undocumented immigrants, the poor and others who often have their papers out of order, cannot afford insurance and have trouble making ends meet to keep their cars in working order, such as indicator lights, tag lights, brake lights. Bad tag light is not a crime.
➤ The use of this Title 55 reduces the threshold of probable cause for arrest, fills hellhole of a jail with people who have done no wrong, committed no crime, and have caused in fact no offense against the state under a transportation title because they’re not involved in transportation.
➤ REFORM NEEDED.
➤ HAVEN CONCEPT — Chattanooga a haven for the poor, the struggling, the families of people in prisons under this title, and many others who yearn to breathe free — innocent people who are under subjection to judges, jailers, bondsman, and probation corporations
➤ RESPECT CONSTITUTION — If Chattanooga heeds limit of the law, and respects the limits of the law under the constitution, Chattanooga will become a sanctuary city and more so an independent city-state, which is the geopolitical future of major cities in the next 100 years. Chattanooga a haven for the poor, the struggling, the family, people imprisoned or jailed under this title, and many others who yearn to breathe free, innocent people who are under subjection to cops, sessions/city judges, jailers, county cronies, bondsman, and probation corporations.
