Andy Martin’s Verified Motion for a Temporary Restraining Order

Republican U. S. Senate candidate Andy Martin has filed a lawsuit in the Circuit Court of Sangamon County, Springfield, Illinois. This is the full text of his emergency motion seeking to bar illegal practices by “Combine Republicans” and the State Fair.

IN THE CIRCUIT COURT
FOR THE SEVENTH JUDICIAL CIRCUIT OF ILLINOIS
SPRINGFIELD, ILLINOIS

IN CHANCERY
CASE NO. 2009 CH 658


ANDY MARTIN,
Plaintiff,

vs.
MICHAEL STEELE, et al.,
Defendants.

VERIFIED MOTION FOR TEMPORARY RESTRAINING
ORDER AND ORDER TO SHOW CAUSE

The Plaintiff asks this Court to issue two (2) separate orders on an emergency basis: (1) a Temporary Restraining Order (“TRO”) barring the Illinois Department of Agriculture (“Agriculture”) or Illinois State fair (“ISF”) or persons acting under Agriculture/ISF from interfering with Plaintiff’s protests at the Illinois State Fair on August 20, 2009; (2) an Order to Show Cause (“OSC”) directing the Republican Party defendants to show cause why Plaintiff should not be granted access to the Republican National Committee’s (“RNC’s”) Voter Vault (“VV”). The TRO and OSC are independent of each other.
1. Factual allegations
The facts governing each of these issues are set forth in the attached Complaint.
A. With regard to the TRO, plaintiff has been in negotiation with Agriculture, but has been unable to reach a written agreement as to the terms and conditions for Plaintiff’s use of the Illinois State Fair Premises (“ISF”) for “Republican Day.”
B. As to the RNC issues, the VV is made available to Republican candidates. But because of the corruption and hostility of the Illinois Republican Party (“IRP”) to “reform Republicans,” the VV is not being made available to Plaintiff to harass him as a candidate for statewide office.
2. Legal standards
A. The legal standards governing a TRO are straightforward, see Wilson v. Hinsdale Elementary, 349 Ill.App.3rd 243, 810 N.E.2d 637, 642 (Court of Appeals, 2d Dist. 2004).
3. Argument
A. The TRO
a. Plaintiff is not seeking unrestricted access to the State Fair. He is seeking access on a specific day which the ISF has designated as “Republican Day.” Thus, the ISF itself has allowed and invited Republicans to attend. The essence of political parties going back to Jeffersonian days is that parties have factions. Plaintiff represents mainstream Republicans; the defendants represent “Combine” Republicans. The term “Combine” was coined to describe Republicans-cum-Democrats who exercise dictatorial political powers over Illinois government on a continuing basis, all of which power is lubricated with corruption, self-interest and political duplicity.
b. The TRO/ISF claims arise under 42 U.S.C. § 1983. If the ISF is going to specifically host a “Republican Day,” then it must make reasonable accommodations for conflicting factions in the Republican Party.
c. The ISF claims it has established a "protest area" at a great distance from the Director's Lawn, while some Republicans will be allowed to meet at the Director’s Lawn. Protests which are removed from the area of actual conflict are not protests at all; they are meaningless and hollow gestures which reflect unconstitutional abridgement of political speech.
d. Plaintiff was able to resolve a much more complex protest issue with the Chicago Police Department, without the need to file a lawsuit. Chicago’s streets and sidewalks are crowded and congested. But the CPD was able to accommodate Plaintiff. The ISF is sticking rigidly to vague rules which seek to render Plaintiff’s protest nugatory.
e. Likewise, one faction of the Republican Day crowd has already been granted use of sound amplification. Plaintiff only seeks to use his own sound amplification at a reasonable level. The “rules” of the ISF are vague and offer unfettered discretion on the ISF to control "sound devices." A grant of unfettered discretion to a state official is unconstitutional. Once again, the ISF is taking a wooden approach to resolving what should have been resolved without a lawsuit.
B. The OSC
a. The Republican Party (RNC) has crated a database called the VV. The VV is made available to Republican candidates, and has been made available repeatedly to Plaintiff’s political opponents, including defendant Mark Kirk.
b. Making the VV available to only one of a number of candidates may violate federal election law, which bars excessive contributions to a single candidate in a primary election, as well as Illinois election law, which may bar use of state funds for a single federal candidate. In addition, the VV has been made available on an unrestricted basis to Republicans. In the most recent statewide primary Plaintiff received almost 35% of the statewide vote, and carried numerous downstate counties.
c. The RNC defendants are seeking to sabotage Plaintiff’s campaign for federal office, and sabotage the rights of downstate voters in particular to be reached through information contained in the VV. Such action by the defendants is inequitable and unlawful.
C. The legal criteria for relief
a. “Certain and Clearly Ascertainable Right”
The defendants themselves have designated a special day as Republican Day. They have invited Republicans to protest, and then sought to render protest meaningless. Do they suggest there is only “one” Republican voice? Or a monolithic party? That is obviously an unreasonable belief under any circumstances. Having invited “Republicans,” the ISF has to accommodate all Republicans. Likewise, the VV has been made to Plaintiff’s opponents; he has the same right of access as his opponents.
b. “Inadequate remedy at law”
There is no adequate remedy for denial of First Amendment Rights. Likewise, the VV is a massive compendium that has been created to assist candidates such as Plaintiff. Because of the constraints of time and cost, it would be impossible for any candidate to duplicate the VV.
c. Irreparable injury
The issue of irreparable injury given that Plaintiff is a candidate for federal office and seeks to demonstrate on only one day, billed as “Republican Day” by the ISF itself, in the area of the Republican congregation at the Director’s Lawn, cannot seriously be questioned, Cooper v. Rockford Newspapers, 50 Ill.App. 3rd 250, 365 N.E.2d 746, 750 (Court of Appeals, 2d Dist 1995) citing Elrod v. Burns, 427 U.S. 347, 373-374, 96 S. Ct. 2673 (1976).
d. “Likelihood of success”
With all due respect, Plaintiff has an excellent likelihood of succeeding on his claims that (1) the ISF has vague and unconstitutional standards for political speech on specific days when the ISF itself invites political speech by scheduling a “Republican Day” and a separate ”Democratic Day,” Elrod. The actions of the RNC/IRP defendants are arbitrary, capricious and violate the rules of the RNC itself. Plaintiff is an intended beneficiary of the RNC’s rules and procedures for VV access. Plaintiff has complied fully with the VV procedural requirements.
Dated: August 15, 2009
VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certified as aforesaid that he verily believes the same to e true.

ANDY MARTIN

Respectfully submitted,

ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)

Additional courtesy copy requested to:

ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723

SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL

Additional e-mail address available
upon request

CERTIFICATE OF SERVICE

I certify I have served Margaret L. van Dijk, Esq. by fax to (217) 785-4505, and the remaining pro se defendants at fax numbers known for them, (312) 201-0181 (McKenna, Weis and Illinois Republican Party); (217) 753-4712 (Conrad); (202) 863-8820 (Steele and RNC); (202) 863-8654 (Priebus); (202) 225-0837;
and (847) 940-7143 (Kirk).
ANDY MARTIN

U. S. Senate candidate Andy Martin sues Republican National Committee to open “Voter Vault”

Civil action filed by U. S. Senate candidate Andy Martin also says Illinois State Fair seeks to stifle dissent

U. S. Senate candidate Andy Martin sues the Republican National Committee for access to the Party’s “Voter Vault”

Martin is also asking a Sangamon County, Illinois court to stop censorship by the Illinois State Fair.

NEWS FROM:
ANDY MARTIN /2010
Republican for U. S. Senator
“He works for
the People of Illinois”
Suite 4406
30 E. Huron Street
Chicago, IL 60611-4723
(312) 440-4124
www.AndyforUSSenator.com
www.AndyforUSSenator.blogspot.com
www.AndyforUSSenator.wordpress.com

www.MarkKirk.us

FOR IMMEDIATE RELEASE:

ATTENTION DAYBOOK/ASSIGNMENT EDITORS

ANNOUNCEMENT OF SATURDAY NEWS CONFERENCE IN CHICAGO

ANDY MARTIN SAYS THE REPUBLICAN NATIONAL COMMITTEE IS INFLUENCED BY THE CORRUPT CHICAGO “COMBINE”

MARTINIS ASKING A SANGAMON COUNTY COURT TO ORDER THE RNC TO PERMIT HIM TO ACCESS THE PARTY’S “VOTER VAULT”

MARTIN SAYS THE ILLINOIS STATE FAIR UNLAWFULLY TRIES TO STIFLE DEBATE ON “REPUBLICAN DAY,” AUGUST 20TH

(CHICAGO)(August 15, 2009) Republican National Committee Chairman Michael Steele usually has a hard time keeping his mouth closed. Now he has been sued for improperly keeping the party’s “Voter Vault” locked shut.

Republican U. S. Senate candidate and insurgent “Internet Powerhouse” Andy Martin will hold a Chicago news conference Saturday, August 15th to announce that he has sued the Republican Party for illegally denying access to the RNC’s “Voter Vault” to his corruption-fighting campaign for the U. S. Senate. Martin’s lawsuit also names as defendants the Illinois Republican Party and details a series of improper acts by party officials.

Finally, Martin’s case, filed in Sangamon County Circuit Court, Springfield, Illinois, seeks a court order permitting protests at the State fair’s “Republican Day” to reflect the split in the Illinois Party.

"There are two Republican Parties in Illinois,” Martin says. “There are the Republicans who live and work on Main Street. Then there is the ‘other’ Republican Party of wealthy business leaders, known as the bipartisan ‘Combine’ of corruption that controls the nominal machinery of the Party through dishonest members of the State Central Committee.

“I represent Main Street Republicans; Mark Kirk is the candidate of the Daley Machine-dominated ‘Combine.’

“I am being harassed for exposing Republican, as well as Democratic, corruption in Illinois. But Republicans cannot win in 2010 by being two-faced about corruption. Michael Steel was elected Chairman with help from the ‘Combine.’

“I asked Steele for access to the RNC’s Voter Vault database because the Illinois ‘Combine’ is denying me access. The Voter Vault is supposed to be available to Republican candidates on a nondiscriminatory basis. Steele and his counsel refuse to answer. They are bowing down to the Combine-controlled faction of the Party.

“Likewise, the Illinois State Fair seeks to limit debate and confrontation on what the Fair calls ‘Republican Day.’ I managed to work out protest procedures with the Chicago Police Department on Chicago’s crowded streets and sidewalks, without the need to file a lawsuit. The Illinois State Fair is trying to stifle political dissent on state-owned land.

“What’s wrong with this picture? The entire State of Illinois is a racketeer influenced corrupt enterprise. Even the State Fair.

“As for Mr. Steele, he can blab about ‘reform’ all he wants; as long as he is keeping corruption-fighting candidates from accessing the Voter Vault, he is voting with the Chicago Combine and against the People of Illinois,” Martin will state. “The Voter Vault belongs to Republican candidates nationally; it should not be under the control of the corrupt ‘Combine’ in Illinois.”

Martin’s lawsuit is posted on the web as a separate release.

August 15th news conference details:

WHO:

U. S. Senate candidate and Internet Powerhouse Andy Martin

WHERE:

Sidewalk news conference, SE corner of Huron and Wabash,
Chicago

WHEN:

Saturday, August 15, 2009 3:00 P.M.

WHAT:

Internet Powerhouse and U. S. Senate candidate Andy Martin sued Michael Steele to force the Republican National Committee to stop discriminatory abuse of the RNC’s “Voter Vault.” Martin also joined the Illinois State Fair in his lawsuit, because the Fair seeks to limit dissent at “Republican Day” on August 20th.

MEDIA
CONTACT:

(866) 706-2639; Cell (917) 664-9329 (not always turned on)

WEBSITE:

http://www.AndyforUSSenator.com

E-MAIL:

AndyforUSSenator@aol.com
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Andy Martin is a legendary Chicago muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of broadcasting background in radio and television and is the dean of Illinois media and communications. He is currently promoting his best-selling book, Obama: The Man Behind The Mask and producing the new Internet movie "Obama: The Hawai'i years." Andy is the Executive Editor and publisher of www.ContrarianCommentary.com. Martin comments on regional, national and world events with more than four decades of experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York.
UPDATES: www.twitter.com/AndyMartinUSAwww.facebook.com/AndyMartin Andy's columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com. [NOTE: We frequently correct typographical errors and additions/subtractions on our blogs, where you can find the latest edition of this release.]
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329 (cell not always on)E-MAIL: AndyMart20@aol.com © Copyright by Andy Martin 2009.