10/16/2022 12:00:52 PM
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Section 5: OPA Board Subject: Court Finds for Janasek Msg# 1173651
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No man, woman, or child should be subjected to the abuse as described by the eye witness.
Do the management at the YC have the ability or right to request someone to leave and the ability to call the police who are trained in that area and did they? Doesn't the woman have the right to file a civil suit aganst TJ since a police report would be available and why did the controlling board members decide to act out of, my opinion only, emotion and dislike for TJ. Do association members have to pay for legal mistakes for lost court cases? Are any board members accountable personally? How is this captured in the budget reporting- legal expenses? I also support local council since it's been proven Common Sense isn't always applied. |
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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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