as we fight for due process - we prepare for the return of the Brooklyn Lyceum
JAFO = Just Another F---ing Observer (see move Blue Thunder) - an unwanted, but necessary to the process, observer.
MARU = Battle the system is predisposed to make you lose, but that can be won. (see kobayashi maru - Star Trek - TOS) -
To Kobayashi Maru a situation is really to find the win in the no-win situation.
If you have read much of the article on the issue : brooklynlyceum.com/wip/10094, you now that something is wrong in the Brooklyn courts.
JAFOMARU is one way to make the system do what it is supposed to do, apply the common law, constitution, statute and case law to the facts consistently no matter who is the litigant, not just to favor developers.
JAFOMARU seeks public support (read! think! act! appear!) at focal points such that there are ramifications to not following simple rules, starting with the Brooklyn Lyceum case and then, maybe, extended to other issues.
Initially, all the efforts at JAFOMARU.com (affidavits submitted, affidavits used, appearances at focal points, etc.) will garner votes to participate in re-programming the Brooklyn Lyceum after victory is obtained. Once obtained, you can utilize those votes to program the Lyceum or you can trade them in for volunteer time by the Brooklyn Lyceum staff at a growing number of Not-For-Profits.
So, even if you live far from the Brooklyn Lyceum or even if the arts ain't your thing, you can help, JAFOMARU!
***NOTE: Past participants at the Brooklyn Lyceum can vest votes in addition to the ones for acting now. Consider it recognition that all who passed through the Brooklyn Lyceum doors were appreciated.
The Brooklyn Lyceum has had its due process rights savaged in court and is fighting the fight to correct those violations. In short and simple terms, this is the problem:
- The primary premise is an appellate court cannot make up facts to avoid uncomfortable truths, that, according to the record available to the court at the time the Plaintiff sought judgment, there was no proof presented to the court of any Lyceum appearance and the Plaintiff swore no appearance by the Brooklyn Lyceum.
- The secondary premise is you can't use evidence you withheld from the court when seeking and obtaining a judgment to validate the judgment when that judgment is later challenged, and, importantly, that evidence cannot contradict prior sworn affidavits by the same person.
- The tertiary premise is, if the court does accept such late evidence outside the record, that is a nun pro tunc action, a changing of history to be what the court feels it should have been. And, that the court in nun pro tunc'ing of the past court must ensure that the other side is not procedurally harmed by the nun pro tunc changing of the past. In this case, changing the past makes the affidavit upon which the judgment is premised perjury, and the court can have no part in perjury. Thus the court should have, a la a now common Science Fiction theme (see Star Trek Voyager : Year of Hell), reset the timeline to the point of the change in history and let the case play out again from that point, just as the same court did weeks before in Fed. Sav. & Loan Assn. of Charleston v Tezzi 2018 NY Slip Op 05826 Decided on August 22, 2018 Appellate Division, Second Department.
- The quaternary premise is that, if the court is gonna go outside the record and accept such late evidence, the court must ensure that the Plaintiff followed the due process procedural rules such evidence would have required. In this case, not serving a non-appearing party is ok, not serving counsel for an appearing party is not ok, and is fatal to whatever was not noticed.
SUMMARY: If you got this far, you can see a legal storm a brewing and you might be a Due Process Warrior.
ROCKIN THE DUE PROCESS VOTE: The Brooklyn Lyceum is well aware that art spaces are hard to come by and harder to keep in operation, and that no man is an island. To that end, the Lyceum has always worked with others to program the Lyceum. It is no different now, save for the Lyceum has hundred of groups that have performed or taught or rented or held court at the Lyceum and thousands of performers that have performed at the Lyceum as probably the best pool of community arts knowledge in the entire country.
Since full-time programming was never the Lyceum founder's goal, what better way is there to thank those Due Process Warriors who now come to the aid of the Lyceum as well as those who have already crossed the Lyceum Cultural Threshold and become Due Process Warriors, than to invite those Due Process Warriors to determine the cultural future of the Lyceum?
Art makes us what we are, describes a point in time for society, and, when it is ignored, takes away a part of what we could be.
Unfortunately, art is often, no matter the talent or effort or time to make the piece, far too expensive for most of us.
Artist have to eat and so do the buyers, if the artist wants widespread distribution.
What is usually the answer is for the artist to eschew exposure to the masses until they have reached great acclaim.
That road to fame, despite anecdotal rare circumstances, is almost always fatal to the earnings of the artist, and to the career of the artist as well, should they not win the lottery of acclaim.
Enter TheSmee, an art exhibit intending to get the art into the hands of a wider audience before that artist has become so famous the average joe cannot afford their art.
****NOTE: Those who have votes to program events via GOWANAGUS.com can use those votes to vote on art at THESMEE.com exhibitions NOW and not just when the Lyceum gets its due process violations unwound as we have a location for the summer of 2020..
****NOTE: Tentative locations summer 2020 - Coastal Maine, Upstate New York, Philadelphia
rocking the vote by removing elected officials who are demonstrably not smarter than a 5th grader
Early in the millenium, educated young people migrated to (cheap) places where they could congregate. They sought adventure there, in the coastal cities, places where many of there parents had fled in the decades long exodus to the suburbs (Levittown, Naperville, ...)
Then the recession struck, a by product of specious financial regulation and billions and billions on questionable wars to protect, mostly, oil interests.
This may have just been a blip in history, but those young-ish needed to eat, and put a roof over their heads. Once congregated, they became a market unto themselves with critical mass enough to support almost anything as long as they were willing to live in the abandoned carcass of the cities.
Being a recession and all, they created their own economies by reinventing artisanal craftsmanship everywhere there had been just bland commodities for decades.
Beer, Pizza, chocolate, coffee, COFFEE, soda, mustard, mayonnaise, peppers, cupcakes, barbeque, whiskey, theater, music, ... It was if a great cry arose and said, YUCK!
Nowhere was this most evident than in Brooklyn, close enough to the wellspring of all media, Manhattan, but far away enough for cheap rents in nearly abandoned neighborhoods (Bushwick?). They worked this for awhile and even elected the first black president, in part, by using nascent social media and sending droves of people to toss-up states door to door. Then they went about their non-political business as the economy slowly recovered. Until 2016, the vote heard round the world.
All the media championed a candidate that had a several million vote advantage OVERALL, but failed to address the chess game afoot, the ELECTORAL COLLEGE, the only game that mattered (whether you agreed with the rules or not, they are the rules in play).
It is often said that votes are yards and states are points. Who hasn't seen a team garner massive yardage but fail in the red zone. The losers complained that they didn't know it was about points, but that yards should be the only metric.
They then complained that social media was used to influence voters, as if that hadn't been the case in 2008, whether foreign backed or not. Disingenuous at best.
But then came the 2018 mid-terms and a shift in the firmament occurred. Longstanding politicians saw the handwriting on the wall and did not run for re-election. Other long time elected officials played the same old game and got beat by any other perspective than holding on to power for the boomer generation.
Thus, Ocasio-Cortez .
Swaslu samples Stealth Roast Americanos
(and, on occasion, other espresso based drinks) using anonymous flash frozen manual (https://www.rok.coffee ) espresso roasts at events ... and collects up unbiased reviews and comments.
Swaslu collates the results and creates a database of anonymous taste preference information.
Americanos (and espresso based drinks) will rule the world!
***NOTE: we often mix a bit of this espresso and a bit of that espresso making the don't blink espresso.
Out Of Brooklyn Lyceum Events
While we prep for the inevitable return of the Brooklyn Lyceum, the need, nee urge, to see culture in the wild still burns.
If you want to throw us a couple of tickets to an event, we will endeavor to write a review and publish it online at ooble.org, and, if it is a generally positive review, it might get sent out to some social networks and maybe email.
Generally interested in things from Washington DC, to Maine.
Who knows, if we like it you may hear from us when the Brooklyn Lyceum returns.
To get the ball rolling contact us at https://ooble.org/contact.