View Full Version: Submitting appeal of ban for cross baiting

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Title: Submitting appeal of ban for cross baiting


MajorMike - December 5, 2008 05:33 PM (GMT)
Please consider this submission an appeal of the ban I recieved for 'cross baiting' on 3 December 2008 at 3:14 pm.
In support of said ban I submit to the court of appeals that the person similarly punished for crossbaiting has also appealed and had that appeal granted. Fundamental fairness should indicate that a similar punishment for similar offenses is appropriate.




I further submit the following evidence requesting the ban be lifetd as I am stuck on ch 97 during the ban:

http://news.yahoo.com/comics/getfuzzy;_ylt...A2qg00XNR_V.i8C

Thank you in advance for your consideration


dmw devil - December 5, 2008 05:45 PM (GMT)
Unfortunately, I'm not a Get Fuzzy fan. Try again.

And, as several others will tell you, second-time offenders take longer to be granted appeal than others. Please bump this post on Sunday morning and we'll hear it then.

MajorMike - December 5, 2008 05:56 PM (GMT)
QUOTE (dmw devil @ Dec 5 2008, 05:45 PM)
Unfortunately, I'm not a Get Fuzzy fan. Try again.

And, as several others will tell you, second-time offenders take longer to be granted appeal than others. Please bump this post on Sunday morning and we'll hear it then.

You would have gotten the humor of this one.

Sunday Morning Trukz time or Sunday Morning real time? there is a 5 hour difference

dmw devil - December 5, 2008 06:06 PM (GMT)
Trukz time, I suppose...likely I'll be asleep if you post it in "real time".

MajorMike - December 5, 2008 06:29 PM (GMT)
Since I "Paid" for the CB is it not more of an entitlement or a right of ownership than a priviledge?

I realize it may be splitting hairs, but I have contributed "Trukz Dollars" for something that I now cannot use based on an individual decision. I was not swearing, nor posting inflammatory language about someone's parentage or their deceased parents. I made a joke ( much like the other party did -- the one who has CB/PM back on) Yet the time limit for my CB (good until 4/11/09 ) does not get extended on a day for day credit on those days I cannot use it based on an individual decision of what is or is not a joke or a violation of established guidelines that was not otherwise cleraly spelled out.

There is no true appeal of a ban. An appeal is an immediate request for some relief, usually to a higher power than the imposing authority.
What happens here is more of a request to reinstate after an arbitrary period, determined by an individual, has expired. It is not an appeal. it is a request for post-conviction relief.

dmw devil - December 5, 2008 06:51 PM (GMT)
You can pay for a movie theatre ticket (or paid entry to any proprietary zone) and the management can kick you out without refund.

As for your semantics of the term "appeal", you are mostly correct - you are still making an appeal ("I am appealing to you to allow me back in"), but you're right in that rarely do we actually hear an appeal of overturning a sentence; rather they are all appeals of "post-conviction relief", as you call it.

Semantics aside, though, it doesn't change the outcome or the use of this forum, even if the name may be telling a grander story than actually happens here.

However, if another admin thinks I've taken this too far, they might hear this as a true appeal and take action.

MajorMike - December 5, 2008 08:36 PM (GMT)
QUOTE (dmw devil @ Dec 5 2008, 06:51 PM)
You can pay for a movie theatre ticket (or paid entry to any proprietary zone) and the management can kick you out without refund.

As for your semantics of the term "appeal", you are mostly correct - you are still making an appeal ("I am appealing to you to allow me back in"), but you're right in that rarely do we actually hear an appeal of overturning a sentence; rather they are all appeals of "post-conviction relief", as you call it.

Semantics aside, though, it doesn't change the outcome or the use of this forum, even if the name may be telling a grander story than actually happens here.

However, if another admin thinks I've taken this too far, they might hear this as a true appeal and take action.

Almost a valid point however, the manager of a theater must ask for the assistance of law enforcement to successfully evict someone from a theater, and the action must be based on some just cause. Otherwise the theater manager risks being personally sued ( and the theater as a business in a respondeat superior theory risks being sued) for assault and or battery and the majority of the time, the person is handed a refund as they are escorted out, partially as a business practice and to later argue there was no harm as the person got his money back. The law enforement officer conducting the 'eviction' from the private place of business may then be acting under some color of authority and thus immune from suit. If the manager does have a patron removed without a refund they risk being sued in a court of law, where a tribunal either a judge sitting alone or a jury of neutral disinterested persons determines if the actions of the individual acting in the capacity of a theater manager were appropriate.

This is not an eviction. This is akin to taking me out of the movie i was watching, and putting me in a theater to watch a blank screen. There is no such remedy here as the evicted moviegoer would have available. There is no such fundamental fairness which would allow the elimination of individual attitudes or prejudices in determining the appropriatness of any request for rederess. We all carry those prejudices, or reasons. to quote Tom Hagen "This is business. You cannot make this personal"

MajorMike - December 6, 2008 08:32 PM (GMT)
Refreshing the appeal for cross baiting where the other party was previously reinstated

MajorMike - December 7, 2008 12:47 AM (GMT)
Today being Sunday, I hereby renew my appeal of the ban from using the CB or Pms for cross baiting.

dmw devil - December 7, 2008 02:40 PM (GMT)
QUOTE (MajorMike @ Dec 6 2008, 08:47 PM)
Today being Sunday, I hereby renew my appeal of the ban from using the CB or Pms for cross baiting.

And, now being Sunday morning and me being awake, appeal granted :^)

PLease be careful - the next one will be a weeklong suspension, and I shouldn't need to remind you (but I will) that we are taking a strict view of trolling and flaming on CB 97, so don't find yourself caught up in another mess there, mmkay?




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