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Mock Trial Document 2011 NYSBA Case: Pat Parker vs The Village of Emipreville (defendant)

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Mock Trial Document 2011 NYSBA Case: Pat Parker vs The Village of Emipreville (defendant)
Defense Exhibit A ­ Parking ban sign
Defense Exhibit B ­ Bylaws of the village of empireville board of trustees
Defense Exhibit C ­ Village Board of Trustees Minutes Victoria ­ Pat Parker (Cynthia)
Jason A ­ Chris Crangle (Alex)
Patricia ­ Cameron Curtis (Thasia)

OPENING STATEMENT

Good Afternoon your Honor, Imagine, that you were accused of having an ULTERIOR motive when you were sincerely serving someone? How would you feel? Yet, this is the situation of Mayor Alex Allen. The plaintiff ACCUSES the Village of Empireville and the Board of Trustees with Mayor Alex Allen of BREAKING the constitutional right of the plaintiff by enacting a parking ban. Mayor Alex Allen implemented the parking ban for rational reasons and rational reasons only, that it had been complained a myriad of times by the people. She was serving the public by being responsible and doing her duty as a publicly elected official, yet she was accused of enacting parking ban for political reasons. This accusation is fallacious. Mayor Allen and the village had authority to implement the parking ban according law §1640 about the Vehicle and Traffic Law. Today I am representing the Village of Empireville and the Board of Trustees of the Village of
Empireville. Today, the plaintiff must prove beyond reasonable doubt from the that the amended law was unconstitutional based on the related case law of Rose Towers Realty v.
Aviv (1983) and based on political reasons not rational reasons. Your Honor, it is the plaintiff has a burden of proof and not the defense. Your Honor, you have heard from the prosecution, they have told you what they want you to listen. That isn’t the full story as you will hear.

Your Honor, the defense will call three witnesses today to the stand. Our first witness is Mayor Alex Allen, the Mayor of the Village of Empireville. She is wrongfully accused of abusing her powers by implementing the parking ban as an emergency without notifying the

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