Breaking: Hmong Federal Lawsuit Retaliation - How immigration destroys one county at a time

'Constitutional Sheriff Under Fire By Hmong Immigrants Who Feel They Are Above Our Laws'....

 I just received information from  Capt. William E. Simpson - USMM, who has been keeping an eye on the events in Siskiyou County, California, aka The State of Jefferson.    Earlier this year the huge influx of Hmong refugees into the county had caused problems when they claimed voter intimidation by the local Sheriffs office, which was pure NONSENSE.    I know Sheriff Jon Lopey.  He's a fair man and does his best to uphold the law in a county of  6,278 square miles,  much of which is used by Illegal alien Mexican Drug Cartels to grow dope.   This has taken so much time that local crime is out of control because they simply have no resources to fight it all.  

 Now, these new 'immigrants'  and their powerful immigration lawyers (men like Cesar Conda who OWNS Paul Ryan and Marco Rubio) want our laws changed to suit them...laws like having septic tanks on property when you live there!   Or not having to register or even be legal to vote.  They want to turn this nation into the 3rd world dumps they were saved from!

Hmong Federal Lawsuit Retaliation For Cannabis Law?

A Federal Lawsuit was filed in the U.S. District Court – Eastern District of California on September 12, 2016 (2:16-cv-02172-JAM-CMK) by a group of Hmong Plaintiffs led by Jesse Vang and Wang Chang against Siskiyou County, its Sheriff (Jon Lopey), the County Clerk (Coleen Setzer), along with Alex Nishimura (an investigator for the Secretary of State of California) and many others, including the California Department of Forestry and Fire Protection. The lawsuit makes many claims including voter intimidation and discrimination.

(Note: In the interest of full disclosure,Capt. Simpson, who covered this story lives in Siskiyou County and has been following the story over last year.)

There is no doubt that a significant percentage of Hmong immigrants that have moved into Siskiyou County have taken-up the cultivation of cannabis, allegedly for ‘personal medical use’. However, when any person grows more than a dozen plants, which can yield five to twenty pounds of flowers (‘buds’) per plant, any logical person has to ask; can anyone smoke or consume the low-end quantity of that production (27,240 grams of bud)? Any claim that a medical patient requires more than that amount of marijuana as ‘medicine’ is just ridiculous. So why grow more? This leaves us with the other alternative; anyone engaged in the cultivation of quantities of cannabis beyond the legal personal limits in Siskiyou County is clearly planning on the illicit distribution and sale of a Federally controlled Schedule 1 narcotic on the street, which has some very serious consequences, including adverse social-economic as well as public safety ramifications.

Black-market growers (many of the Hmong growers in Siskiyou County are allegedly illicit growers) use many pesticides and other chemicals (some of which are banned for use in CA) that remain in the final product to be consumed by people (in the flowers/buds), which if ingested causes various health problems, including cancer. I am surprised that OSHA and the Dept. Agriculture haven’t stepped-into the fray in the interests of protecting the health of the public (workers and consumers), who are and will be exposed to the ‘commercial use’ of the pesticides and chemicals being used by illicit cannabis growers, including these Hmong growers (for instance, do these growers properly post the Hazard Communication Standard: Safety Data Sheets - OSHA 3514 ?).

Imagine for the moment that you live in a neighborhood where there is a mix of homes and vacant home sites (lots) for sale. And someone buys the lot next to you and then moves onto the land and starts using an open-pit cesspool for human waste, and starts growing dozens or in some cases, hundreds of illicit cannabis plants, necessitating many field workers to manage the crop. This along with numerous water trucks and cars driving up and down the minimal neighborhood roads, creating dust clouds that fill the air occasionally scented with pesticides… how would you feel about having some basic county ordinances to manage these issues?

When the illicit cannabis cultivation industry became an obvious problem for Siskiyou County as a result of hundreds of citizen complaints, the County asked its citizens for input, as is the Democratic process. And cannabis measures ‘T’ and ‘U’ were ultimately placed on the County ballot for the June 7^, 2016 vote.  These measures gave the County the tools it needed to help control and abate illicit cannabis growers in the County, while simultaneously assuring that people who needed a reasonable amount of cannabis as medicine could legally produce their own cannabis. However, these measures (‘T’ & ‘U’) presented a serious impediment to all the illicit commercial-level growers, including the large organized group of Hmong growers.

Unlike other illicit commercial growers in the County, the Hmong people obviously realized that they represented an ethnic minority within the County, and it now seems they are trying to capitalize on that position with their recently filed lawsuit, which falsely alleges voter intimidation and discrimination among other sensationally false claims.

It’s a sad fact that the American judicial system is now burdened with cases that smack of ‘abuse of process’, and in the case of these Hmong plaintiff’s, such a theory seems to fit the facts. This lawsuit seems to be no more than a baseless counter-attack by some illegal pot growers; retaliation for the law enforcement actions against their alleged illegal enterprises. 

Some of the relevant points in this matter are as follows:

The Siskiyou County Sheriff’s Office has at all relevant times exercised law and zoning code enforcement authority without regard to the ethnicity of the violators, and this practice is well-known among non-Hmong growers. It is important to note that in 2016, numerous enforcement actions have been taken of the type alleged in the complaint against those of other than Hmong ethnicity.

The Hmong Plaintiffs' claim that Siskiyou County did not enforce its ordinances requiring County approved water and septic before significant numbers of Hmong people began taking title to land in Siskiyou County, which is manifestly false. Aside from the County’s common-sense health ordinances, any layperson realizes that approved septic and water services are essentials for basic sanitation and public health even at a personal level.

The fact that voting enforcement efforts were taken against many members of the Hmong community is because of the concerted action by members of that community to attempt voter registration from parcels on which no legal residence was allowed, and which were not bona fide domiciles under state law.  California law does allow, under certain circumstances, domicile to be established from “public camp or camping grounds” (Election Code section 2027), but does not allow domicile to be established where residence is unlawful.

On its face, the evidence suggests a concerted and unlawful effort by marijuana growers to influence the outcome of the June 2016 election on Siskiyou County measures T and U.  And having lost the election, they now demand immunity from enforcement of those ordinances and others. Marijuana enforcement efforts have been taken against many members of the Hmong community because of their conduct in growing marijuana in violation of local ordinances, not from any form of discrimination.

As of this article, the Sheriff of Siskiyou County and his office continues to enforce marijuana-related ordinances and laws against all violators in Siskiyou County, whether or not of Hmong ethnicity. And it should be noted that the vast majority of residents in Siskiyou County hold Sheriff Jon E. Lopey in very high regard, and his record in law enforcement is exemplary: https://www.co.siskiyou.ca.us/content/sheriffs-office-sheriff-jon-e-lopey

 If the theory of the Hmong’s complaint were to be accepted by the Court, any minority community would be privileged to violate local and even Federal laws to the extent that it organized itself to violate the law in concert, so that enforcement efforts for the organized-for violation appear to disproportionately target that minority group. And allowing this to go unchecked assures further lawlessness in our State and County.

Related Story: http://www.westernjournalism.com/is-wrong-replacing-what-was-right-in-america/

Capt. William E. Simpson II - USMM Ret.

Member:  Authors Guild
Writer for:  Western Journalism   (Capt. Simpson will have an article on this on Monday here!)
Columnist for: MyOutdoorbuddy.com

The just filed lawsuit :   Case 2:16-cv-02172-JAM-CMK Document 1 Filed 09/12/16 

[snip ]1. The local government in Siskiyou County is engaged in a systemic campaign to deprive Plaintiffs, and other members of the Hmong community, of their right to vote, and their right to the exclusive use and enjoyment of their private property.  (This is what is know in The State of Jefferson as BULL CRAP!)

This will give you an idea what they have to deal with:

 

On Thursday, 09/15/2016, 7:00 AM, Agents with the Shasta County Sheriff’s Office Marijuana Investigation Team served a search warrant at 5083 Poplar Ave in the unincorporated area of Anderson, CA. The search warrant was served in regard to an illicit, outdoor, large scale marijuana cultivation site in the back yard of the residence. Upon arrival at the residence, two subjects were located and detained inside. The two subjects were identified as Keo Sayavong, 70 years old, and One Sayavong, 71 years old. It was later determined Keo and One were husband and wife and lived at the residence together. No other subjects were contacted at the residence.

A search of the residence and property was conducted. During the search 159 actively growing marijuana plants were discovered in the back yard of the residence. The marijuana plants discovered were in multiple stages of growth which is consistent with a continuous cultivation operation for profit. Inside the residence, Agent’s located approximately 15 pounds of processed marijuana, packaged for sales, with an estimated street value of approximately $15,000-$20,000.00 dollars. Digital scales, packaging materials, and other evidence indicative of the sale of marijuana were also located. Agent’s located and seized over $113,000.00 in US Currency hidden inside the residence. The investigation revealed, the US Currency was determined to be proceeds from the sales of illegal controlled substances. Two rifles, one handgun, and approximately 300 rounds of ammunition were also located inside the residence. One rifle and the handgun were loaded and readily accessible for use.

Records checks were conducted on both subjects contacted at the residence which revealed Keo was convicted of a firearms related felony in 2003 and was prohibited from possessing firearms or ammunition. The firearms, ammunition, US Currency, and documentation of narcotics sales were all located in a room of the residence which was determined to be occupied by Keo. Keo Sayavong was placed under arrest for the following felony charges: Cultivation of marijuana, Possession of marijuana for sales, Possessing a firearm as a convicted felon, Possessing ammunition as a convicted felon, and being armed during the commission of a felony. Felony charges for cultivation of marijuana and possession of marijuana for sales will be filed with the Shasta County District Attorney’s Office in regard to One Sayavong’s involvement in the criminal activity.
Contact: Lt. Pat Kropholler
Patrol Operations
(530) 245-6025        https://www.facebook.com/permalink.php?story_fbid=1715443802042454&id=1527637610823075