Tuesday, March 23, 2010

Dispositive Motion Hearing Today

Judge Melbye asked me the last sentence "What Law compels the City of Bemidji to Implement Affirmative Action in Hiring ? " and i stated Executive Order 11246, and Minnesota Statutes 363.A.36 in its entirety.
The three respondants Counsel for the City of Bemidji ,the Department of Employment and Economic Development ( DEED ) and Kraus- Anderson Construction Co. in briefing the Court of their respective dispositions sounded so transparently hollow in their attempt to count on Judge Melbye to swallow the technicality strained exit hole they tried to provide for him to see this case as a non-issue.
I stressed with all my ability to make everyone who was in this Courtroom today to know one thing that in this Courts Function on a motion for summary judgement is not to decide issues of fact, but solely to determine whether genuine factual isssues exist.Summary judgement is proper IF there is no genuine issue of material fact. A fact is material if its resolution would affect the outcome of this case. And the fact that our protected class workers were not given the benefit of a Good faith effort at a Affirmative Action policy as ordered as THE Law Of The LAND in executive order 11246 by Lyndon Banes Johnson President of these United States!
This has been affirmed over and over again by the Supreme Court of these United States!
Judge Melbye said he would have an answer in a week.