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Correction:
Very risky
They moved for Judgment on the Pleadings or in the Alternative, for Summary Judgment.
But Discovery was ongoing and Plaintiff had adduced many many facts outside the Pleadings that provide context. This includes
examples of Plaintiff conducting video of Senator Kelly Ayotte in public places including her office since I lost my Free Press case
against her. But see the Defendants in their Dispositive Motion had raised my case of KingCast v. Ayotte as an example of me not
knowing the private v. public distinction but alas, Ayotte was not an elected official at the time I sought admittance to an event
at a private hotel.
Anyway bottom line is all of that should have been considered. See See Commonwealth Constr. Co. v. Red Clay Consol. Sch. Dist,
2010 Del. Super. LEXIS 489 (2010).
On a motion for judgment on the pleadings, if matters outside the pleadings are presented and not excluded, the motion is
converted to a motion for summary judgment and is disposed of as one for summary judgment under Rule 56. 3 When such
materials are presented the Court must give all parties a reasonable [*5] opportunity to present all pertinent material needed
for a motion for summary judgment.. Instead, I got the shaft. Did Judge Young honestly think I didnt know the law?
Whiteland Woods and all of the public meeting cases are almost
irrelevant. The more germane cases are Pomykacz and Iacobucci,
Where independent journos/activists were filming state actors in their office.
The Court in both cases found their conduct protected by the First Amendment.
T
Essential to Whiteland Woods was the fact that the Court found a blanket, content-neutral universal ban on
video cameras. Some courts have found such bans unlawful. Be that as it may, recall that in this situation
we have no clue what the policy really is, only a lie from Defendant Malone that there was a written policy.
I have argued in response to Defendants Dispositive Motions that this is viewpoint and content based discrimination.
I said if my Cousin, ESPNs Mike Wilbon showed up to do a puff piece regarding a former employee who used the
very same machines I wanted to video, no way in hell would they threaten to arrest him, no Sir.