10/15/2022 8:42:24 AM
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Section 5: OPA Board Subject: Court Finds for Janasek Msg# 1173542
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What ever happened to being "flagged" by the bartender for bad behavior? If that was done in this case there would be no controversy. | ||||||
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For reference, the above message is a reply to a message where: Joe - except as to providing underlying context, this case was never about anyone's conduct at the Yacht Club on May 20. Perhaps that's what some wanted the case to be "about." But it never was. This case, as brought and as considered by the Court, is and has been about the Board majority's conduct, which the Court has now found to have been in bad faith (and likely wrongful). Indeed. I cannot disagree. As a human being, that is exactly what is disturbing. The law and the current OPA governing documents apparently allow any male association member in good standing to verbally accost any woman in the manner documented by the eyewitness report and, as a practical matter, face no consequences worth noting. As I said to Marty, no woman should endure such a disgusting confrontation. OPA should take the steps required to legally authorize a ban on anyone acting in the manner described in the eyewitness report, as it appears it can do based on the Oglesby opinion. While this is a victory for someone, society may be the loser. That said, if there is a fault at the OPA level, that fault goes back decades because no board ever took the time to properly write "rules, regulations, or policies of the Association." As a lawyer, you represented your client and did it well. Congratulations. Tom Janasek had his day in court and his legal objection to a 90-day ban was upheld at this point, based on the law as determined by a Judge. We are a country based on law. While the letter of the law may have prevailed, was justice done with regard to what transpired that evening? Law and justice are not interchangeable concepts. |
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