Saturday, August 2, 2014

McGrath: A curfew is possible


A common cry in Lansingburgh these days – outside of “call 911!” – is “we want a curfew.” Or, better put, “we want the curfew on the books enforced” to help combat the recent spate in crime that includes stabbings, arsons, open air drug deals, prostitution and gang activity and general unruliness.

But, said Police Chief John Tedesco and Councilman Jim Gordon, R-District 1, the curfew as it’s written is unconstitutional. It might be. I have no idea. Troy’s law, implemented in 2004, has never been tested in court but with some tweaking, according to former Councilman Kevin McGrath, it could be in line with curfews that have withstood judicial scrutiny.

Regardless, the fact remains, if police wanted to enforce a curfew, they could and then have it tested in court later. Police didn’t worry about constitutionality when they were arresting people for not having a bell or a light on their bikes or for jaywalking – just so happens more than 90 percent of those arrested were black or Hispanic. And they didn’t worry about the Constitution when the Street Crimes Unit was out harassing anyone who they even suspected of being up to no good. 
MCGRATH
But, police don’t want to be babysitters. That’s the bottom line. I can’t say as I blame them but when more than 200 people show up at a neighborhood watch meeting, something is wrong.
If constitutional rights are a concern, however, there are some tweaks to Troy’s law that would satisfy any concerns because they have been tested in court, according to McGrath.
“Juvenile curfews are legal in New York,” McGrath said. “It’s unfortunate Lansingburgh’s councilman is telling constituents otherwise.”
Gordon said McGrath had four years on the Council to do something about it. He added and he’s “had conversations with people about this” and will be looking into it.
In general, curfews, like Troy’s, that are too broad have been found unconstitutional by the federal courts. While generalities like not discriminating against color, gender or ethnicity are required, exceptions are needed too to protect First and Fourth Amendment rights. Those with the right balance, like the curfew in Dallas, Texas have withstood judicial scrutiny.
For example, Troy’s is broad enough by requiring anyone under 18 years old to be off the streets and any other public areas between the hours of 10:30 p.m. and 6 a.m. Sunday through Thursday and 11:30 p.m. through 6 a.m. Friday and Saturday.
GORDON
But, when compared to the curfew in Dallas, Troy’s doesn’t offer enough exceptions. In Dallas, where the curfew applies to anyone under 17, those who are married or have ever been married are exempt.
Other scenarios that excused anyone under 17 years old from the curfew in Dallas include:
-Those accompanied by a parent or guardian or were on an errand for a parent or guardian.
-If they were traveling to or from employment or engaged in an employment related activity.
-Minors who were attending school, a religious or organizational function or in the general exercise of their First Amendment right of Freedom of Speech and the right to assemble.      
TEDESCO
-Minors are also allowed to engage in interstate travel or remain on the sidewalk in front of their home or a neighbor’s home.
-It also permitted minors from moving about in public areas in the case of an emergency.
Troy’s is similar in that it allows exemptions for employment, religious and school functions and emergencies but it does not include minors accompanied by a parent or guardian or minors out with the permission of a parent or guardian.
Also, in Dallas, police are required to ask the age of the apparent offender and ask them what they are doing out after hours. That would work well anywhere because once a cop asks a group of teens what they are doing the answer 99 percent of the time is “nothing.” I’m guessing about 3 to 5 percent of the time it’s more like “nothing, pig.” All the teens have to say is “holding a prayer service,” which, of course, is far from what any group of teens are doing in Powers Park at 1 a.m. but all they have to do is say it and they are exempt from the law.
A curfew law In Rochester was struck down by the state’s highest court, the Court of Appeals. But, the court said the city failed to provide enough evidence that such a curfew was in fact necessary.
Tell that to people in The ‘Burgh.  

96 comments:

  1. There have been 2 murders 4 blocks apart in the last 3 months. Could someone ask the Troy police to maybe take a look at these ?

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    Replies
    1. Jim Gordon will probably tell you those investigations are unconstitutional.

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    2. Go to bed Kevin bouncing talkes a lot out of you.

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    3. Hey Jim those arsons solved yet? What do you do all day, other than pet the feral cats with Lynn?

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  2. Coffee just went flying everywhere. Stealing votes is illegal, tell that to the people of the Burgh. Yup, Kevin McGrath did that. Trafficking large quantities of drugs in the community you claim to love is illegal, Kevin McGrath did that too.
    Just what Troy needs a convicted felon who needed a co-operation agreement to do his civic duty talking about enforcing laws.
    Laughable at best,

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    1. Got anything on the actual substance of the issue? Nah didn't think so.

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    2. Gross would have been texting you

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  3. I was there. They said all curfew las are illegal. Get McGrath back on the council.

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  4. No, Jim Gordon stood up at that meeting with Tedesco and told everyone ALL curfews were unconstitutional. I was there. Nice that he lies to the voters!

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    1. Just what Troy needs more knee jerk reaction that will lead to lawsuits. Seriously, take a half step back and breathe. Curfews are a good idea everyone can agree to that. Wording them properly so they are effective and enforceable and legal seems to be the challenge. With all the armchair generals we have on here creating a document that will stand up to the supreme court should be easy.

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    2. Ummmm, no kidding. So why is Gordon telling everyone curfews are a bad idea that can't be enforced? Why did Kevin McGrath have to call him out to get him to look at the issue?

      Kevin is willing to help Gordon with the legal issues, but odds are Gordon won't take him up on his offer. With Jim Gordon it's about politics and ego, not what's good for the people of Lansingburgh.

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    3. With Gordon its all about the money same blueprint as Mark McGrath its what they can get and not what they can give
      Its been that way for a long time

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    4. Curfews are another tool to use to get shit heads off the street.

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    5. Wtf Jim Gordonn tells people cops making curfew arrests now? He said it was illegal!!

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  5. The princess of personnel may not be able to get to city hall on time but she sure can make it to the horse races in Saratoga on time! And it Saturday.

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    1. Where is our time system ? See it's an easy fix but they don't want to step on the toes of those who shouldn't be on the city tax roll to begin with...you can thank bill chamberlain , Peter Ryan and the rest of that crew for that...

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    2. Why should the taxpayers pay for a time system for one secretary who dosnt like to do time sheets? What are we paying department heads for? Its their job to make sure everyones time is accounted for.

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    3. 214,it's really needed.all government employers have one except for Troy NY. We have employees that dont live in the City that leave work all the time to go to Stewart's or just leave in general or leave because their kids school Is off(but not troy schools) and also do not charge time when they take time off, and its always the ones who have one or more relatives,working in the same department or a bill Chamberlain and Bill Dunne hire,with computer monitoring (just like Casey Anthony's mother's company had) you can catch the offenders easy.just need a developer to come in would cost the City maybe 100,000 but the City would get that money back with such monitoring

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    4. No one is being held responsible. Not the employee who is late everyday, not the supervisor who should be taking corrective action. What would make you think that a computerized time system where everyone can log on and edit their time at will can make things better? The only way to resolve the issue is to have the Deputy Mayor start holding people responsible.

      Besides that if the city has an extra 100,000 to spend I'd like to see them send a few folks to the "How to properly repair a pot hole school". Or the "How to log on and synchronize the stop lights school".

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    5. What time system are you talking about that would track city employees residency 5:58? Do you even know what a time system is? How about a GPS tracking device on all employees to see what they do at all times. You would be all about that. Wouldn't you?

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    6. Hey 10:40, are you aware that stalking someone is considered a criminal offense?

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    7. Having employees document their time is NOT stalking. See that's the problem with City of Troy employees, you think the City and its residents owe YOU something when it is just the opposite. Time to clear the house out. Employees all over our nation have to document their time,what makes you so special that you do not. Your lack of knowledge on a time management system is proof the City needs more honest employees. The system would timestamp everything in addition to if an employee or supervisor tries to alter the system,it documents and timestamps that. Key pads/code / card activated time system would be applied to those such as dpu dpw and even the police.if an employee can take the time to text,or take a break, an employee has enough time to swipe a card or enter their attendance into a computer daily.those who falsify records are even more accountable for their actions and it can be monitored by administration from their desktop.

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    8. Enough of this already. Trust me, no one gives a shit.

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  6. Gordon should listen to Kev McGrath he's committed and been convicted of more felonies of any elected official. Kevin knows the law.

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    1. Mark McGrath may have him beat

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    2. Be afraid, be very afraid.
      Mark "Bloodbath" McGrath

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  7. I'd trust Kevin on any legal issue. He's been around lawyers for 20 years.

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    1. Mostly sitting at the defendant's table and making plea agreements.

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  8. I see the puppets are out in full force! Bashing Kevin to hide the fact Jim Gordon lied to his constituents and has his head up Tedesco's ass.

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    1. Are you serious with this statement? Really you can't be this fing stupid

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    2. He does have his head up his ass!!!

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    3. Please. If Tedesco told Gordon to stuff his mouth full of straw and set his head on fire, he'd do it.

      Jim can't stand on his own in any setting. He has to be told what to do, and right now he's being told to put the Chief's agenda before the needs of his constituents. Sad.

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  9. are you sure Mark McGrath doesn't have more felonies then Kevin?

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  10. there have been 7 homicides in Troy since February

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    Replies
    1. Arresting criminals is unconstitutional. Sorry.
      Sincerely,
      Jim Gordon

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    2. Evidently is since Kevin is a multiple felon who's never taken responsibility.

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  11. Jim Gordon tries to defend himself by claiming police have made curfew arrests in the last two weeks. Really, Jim? How is that possible when you and Tedesco told everyone curfews were unconstitutional?

    Incompetent AND stupid. That's your councilman, folks.

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  12. How long was Kevin McGrath on the city council? Did he ever propose a curfew? Did he research other cities laws and offer suggestions? No. Kevin was too busy engaging in voter fraud, signing co-operation agreements and sitting in courtrooms. Then he was too busy working closely with Nina Nichols to disrupt the police department. That worked out well. He did succeed in turning Gurley Avenue into WaterSlide World.

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    1. Gurley looks pretty nice theses days. Stoneledge is generating much need revenue for the city. Maybe we should build another Unity House motel!!

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    2. Stoneledge is beautiful, take a ride through. You know what else is beautiful about it? I am not subsidizing one person's rent who lives there. Not one. That is the kind of housing & residents Lansingburgh needs, but lets worry about a couple of basements that probably rent to section 8.

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    3. Oh, the hate for Stoneledge's success. Hurts to be shown up, doesn't it Jim? To always be second rate, always be the also-ran, always be the default candidate. What have you done to expand the tax base and lower property taxes for your constituents? You've done nothing.

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    4. I seem to remember then councilman Kevin McGrath criticizing Harry for wanting to build Stoneledge. Now its his project. When it was trouble it was Harry's project. Make up your mind Kevin.

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    5. Oh, that is rich. Harry did nothing for Burgh. Nothing. In fact, he moved the police station out too. He gave no f*%ks about Burgh for years, and when a tax base with residents who earn far above minimum wage come in you want to put it out there as his idea? Did you appoint Harry to his county job? All the great ideas he had for Troy and he couldn't find work in the private sector? Had to be appointed by the legislature. His wife too. Another way he is sucking off of Lansingburgh tax payers and doing nothing for them. Kind of like when he was mayor. And kind of like the councilman in the area now. All taxpayer funded incomes. Nothing private.

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    6. Thank you Harry and Dan Crawley for bringing the Stoneledge project to the city. Regardless of this guys lies you were the ones that got it here. Truth hurts.

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    7. That's comical they brought Stoneledge.

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    8. Harry did nothing for Lansingburgh but neglect it. And then bitched about water on Gurley for the cameras - and now it was his idea? Okay, yeah. Sounds about right. Kevin did bring a tax base to his district, not section 8 housing, in spite of Harry "can't find a job in the private sector so I suck off of the taxpayer teat" Tutunjian.. Choke on it Henzo.

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    9. Don't forget Crawley sucks off the taxpayer teat too, working at Troy Housing Authority passing out even more section 8 vouchers. Just what Troy needs! And he's going to take credit for a private upscale condo complex Kevin McGrath brought in WITHOUT giving away property tax exemptions? Excuse me while I double over laughing.

      Remember, Crawley's the one who boasted about moving to Brunswick and "finally getting out of Troy". Who would make a guy like that deputy mayor anyway? Harry Tutunjian, that's who.

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    10. That's right, Harry "taxpayer teat sucking" Tutunjian APPOINTED Crawley to the position. Another payback job with retirement and health insurance provided by your local GOP. Gotta laugh at how short changed Harry wound up tho. 20k a year position compared to what Gordon and Crawley make is pathetic. He must not be as valuable as he thought...

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    11. The current deputy mayor allows the same thing,sue Buckley was replaced with snooker who lives in brunswick. I heard another teddy Gram was written to city hall.

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  13. So it's all clear now this is about Tedesco not jim. Kevin you signed agreements now go away

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  14. Little lonely on redrock these days?

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  15. Why don't Gordon get a paternity Judge to make the curfew stick
    also what is a curfew going to do for the 40 arson's by the way I told the police where the arson's would be and no one did any thing about so burn baby burn just what they said about the riots in LA and Chicago

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    1. What on earth would Jim Gordon need a PATERNITY Judge for? Are you an idiot? He would need the CITY judge to enforce any arrests. You might want to have your secretary proof read your comment before you post. I am sure the majority of people reading it would appreciate it.

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  16. Where is the mayor on this issue? How about wannabe judge Silverman? Do they care enough about the City to create a workable law for everyone? Nah, didn't think so. They are to busy duct taping the administration together. If Kevin really cared he'd be talking to them, not taking political pot shots.

    Besides I read the letter, it couldn't have been written by Kevin. Nice try though.

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    1. And how do you know he isn't talking to them?

      The crime in Lansingburgh has exploded since Jim Gordon took office. The residents of Lansingburgh want a curfew. Jim Gordon represents Lansingburgh and he should be advocating for Lansingburgh. What part of that is hard for you to understand?

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    2. The only thing Kevin ever wrote was the names and testimony about his drug dealing and vote stealing cohorts. And people wonder why Lansingburgh has fallen into an Arbor Hill?

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  17. Since when does The Record publish letters that were written in crayon?

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    1. It could have been written in dayglo fingerpaint and still made more sense than the ridiculous bullshit Gordon and Tedesco have tried to feed the public.

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  18. King of the BurghAugust 3, 2014 at 7:04 AM

    Fact: 200 people in an uproar about recent crime
    Fact: residents want curfew
    Fact: Jim and the Chief say curfews are unconstitutional
    Fact: Kevin calls out Jim and the Chief for lieing to the residents
    Fact: like Kevin or not he will beat Jim again in D1

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    1. Curfews are possible they just don't want to enforce it

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    2. You got it. And instead of fighting for your safety, your councilman hides behind the Chief's skirt and tells you curfews aren't possible and a Lansingburgh substation won't matter. Increased police patrols ALWAYS matter. Stick up for yourselves, because Jim Gordon isn't going to do it for you!

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  19. Judge Silverman? What !!! Silverman is just looking to get on the tit he had chances to make a difference countless times and he blow it big time
    Go away Ian go see if you can make it in a private practice some where else

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  20. Gordon is hiding in a corner wetting himself since being called out for the weak shill that he is. The Burgh needs a leader, not a follower. People are sick of being prisoners in their homes and being told at a "watch" group that nothing can be done other than to call 911 and hope for the best. ENOUGH IS ENOUGH

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    1. Hey now,bladder issues are nothing to make fun if.if he's sick don't make fun if that.that's not right.

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  21. The thought that we have a corporation counsel and a team of lawyers working for the city as well as additional attorneys on retainer for the city council and as a city we cannot draft an enforceable law to enact a curfew. What is even more sad is instead of recognizing that and trying to do what is right and necessary, certain individuals feel the need to bash the chief of police and a specific council member. The individuals who are doing the bashing have proven themselves to not be men of honor and to be devoid of integrity. Their record speaks for itself.

    Moving on: I would hope as we are all beleaguered by the state of our city we can count on our elected officials as well as those that are appointed to propose and implement some solutions to this issue.

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    1. No, what's saddest of all is the "specific" council member you feel such sympathy for has lied to the people he pledged to represent. So you really can't count on him, can you? That's the whole point of the story.

      What's really going on is that this "specific" council member realized he got caught with his pants down and instead of manning up and admitting his mistake, he's cowering in a corner while his buddies attack the messenger because they can't refute the actual message.

      You should ask this "specific" council member why, if he's so dedicated to his community, he excludes voting, taxpaying Lansingburgh residents from his forums if they're linked in any way to his political enemies. It's a legitimate question.

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    2. Your going a little hard on Kevin.

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    3. " No, what's saddest of all is the "specific" council member you feel such sympathy for has lied to the people he pledged to represent"

      The man stated his opinion yet somehow that is a lie?
      "You should ask this "specific" council member why, if he's so dedicated to his community, he excludes voting, taxpaying Lansingburgh residents from his forums if they're linked in any way to his political enemies. It's a legitimate question"

      So the shoe is on the other foot and someone is feeling a little cranky awwww.

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    4. Who cares. Everyone knows McGrath is a sore loser. Who supports him in the democratic party?? No one.

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    5. Think he needs Wade or Jack? That's why their scared of him. McGrath got game.

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  22. Let's get this straight Kevin blames Gordon for the mess he "one block at a time" created? Isn't Kevin tight with saintly Lou? That dispels that false holier than thou Lou persona. And isn't Kevin real tight with Deputy Mayor Ryan, lunch at Browns, in the office constantly. Maybe if they had talked about the problems in Burgh and not conspired on to get rid of Tedesco and Kevin's advice to Pete about signing cooperation agreements in order to avoid prison they wouldn't have that mess up there. But it's Gordon's fault? Franco, why would you even publish something from that loser?

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    1. Sleezeballs!!!

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    2. Lou and Pete just want him to go away

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  23. I say give the residents what they want, they are after all the CEOs if the City of Troy...how about everyone boycott paying City and County taxes...to show them how much equity we as residents truly do invest in this City...without us THEY wouldn't be here..am I right or am I right?

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  24. Be afraid, be very afraid.
    Mark "Bloodbath" McGrath OMG this is classic.

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  25. August 4, 2014 at 3:09 PM
    100% Correct and on the money We the people actually have all the power and we never use it
    That's the best post I have ever read on this subject as a whole
    I say let all get together and do it

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    1. Would live to I just don't know where to begin. The individuals that have and current run the City should be ashamed of themselves. Basic Morales and values are out the door. The City is suppose to support the residents, not run them out. If they don't begin taking care of the actual tax paying homeowners now, they will lose them one by one,I am seeing more and more for sale signs going up and in even in good neighborhoods. Someone in City Hall needs to make a brave and bold move now.

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  26. So we see it now. Kevin Coke McGrath is penning for a re-election run. Couldn't stick to his guns of occupancy issue because co-sponsor felt it was to dangerous during a election year, then didn't even run. Brags of Stoneledge yet if you look at the hill from Cohoes all you see is a bare washed out slope. He gets mad and starts a FB group masking his start of a Campaign. He even touts CDBG funding for the Burgh, because poverty is up in the Burgh. A key to increasing government funding is to suppress the residents. Drive up taxes so folks move out, problem is the occupancy level of the city is dropping and CDBG funding is in danger of being lost to the City. He must not be paying attention to the news. Curfew is smoke and mirrors. The Chief was asked about holding parents responsible, he replied that is unconstitutional. Why did Kevin let the SO law lapse? Stop embarrassing yourself and go away with some dignity.

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    1. Who cares what Stoneledge looks like from a hill in Cohoes idiot - what does Cohoes residents views have to do with Lansingburgh taxpayers? The facebook page started when he was banned from the NLNW page for questioning Jim. Has nothing to do with any campaign. Has to do with something being done for Burgh. Jim Gordon collects a taxpayer funded paycheck for any work he does for the Burgh and has for years, Stop DWI Director - nice payback position funded by taxpayers. What exactly does he do? He can answer questions from taxpayers, even if he doesn't particularly like them.

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    2. Hence Stoneledge, dumbass! Bulldoze half of 2nd Ave and start over.

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  27. Drive into Stoneledge. How much $ is it bringing into the City? Say what u want about him, but he's smarter than Jim.

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  28. Kevin uses people. Just found that out the hard way

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  29. So Kevin wants to run again after being ousted by his own party. For his few apologists, lets forget the drug conviction of the past. But didn't Kevin sit on the stand, under oath and admit to committing a felony by stealing the votes of the downtrodden? Didn't he testify against others to avoid prison? All while holding office? And Wade or Gordon are the bad guys? Get a grip.

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  30. He won't run, he knows he cant win. This is just a pathetic play for attention from a has been politician who has no friends or support in the party,

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    1. Why are we talking about Harry?

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  31. My cousins girlfriends sisters puppy makes $8,330 a week working from home fathering kittens.

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    1. Now that is one lucky dog...

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  32. That Facebook group is nothing but a Ego exercise for his fat head! Give it up Kevin. We all know you didn't write that letter!! Its over, go away!

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    1. Who wrote the letter?

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    2. Heard there will be no more letters. Another fuck up Kevin? What a surprise.

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  33. That Facebook group is going to Vote all the republicans into oblivion
    I might add that every person who screwed the tax payers ( Republicans ) under harry s clowns will pay dearly in the end

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  34. Jim and the Chief still saying curfews are illegal. Jim wants to prohibit any teen from pars. Now that's unconstitutional.

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  35. Like him or hate him, Kevin can be viewed as something of an expert on open air drug activity, dealer networks and criminal behavior. Jim Gordon and Tedesco should listen to what he has to say.









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