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A Friend of OURS is in Trouble!

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I am collecting money on behalf of a friend who creates beautiful places to live. Places that anyone of us would be proud to live in or better yet, live next to!  This man is making the city of Lansing a BETTER place to live.  In return the City of Lansing is subjecting this man to warrantless searches, threatening him with civil and criminal penalties (including incarceration) unless he submits to a warrantless search of his property.  Neither this friend, nor the people living in his property have given consent for the search. 

He had decided that enough is enough and he has hired an attorney to force the City of Lansing to acknowledge the Constitution of the United States.  We shouldn’t have to remind the City of Lansing of this, but that is the only way to get this to stop.

He is fighting a fight that we ALL SHOULD BE FIGHTING.  I am proud of him and want to do everything that I can to help him.  I should be doing this but he said that he wanted to. I owe him my support and I am asking for your support as well. 

Please give what you can, knowing that you stood for citizen’s rights, for individual freedoms and in a little way you fought and eliminated the beginnings of tyranny, right here in your home town. 

Please know that the money you provide is being used to offset his enormous legal costs. Deb and I and four of his friends have already raised enough money for the retainer, but that won’t get us far. Remember, he is taking on the entire City of Lansing, by himself. But you should love his chances because he has the Constitution on his side and some legal precedent as well for this same exact issue!

This is a good man, from the Upper Peninsula, this is NOT some street smart gangster who is a taker. He runs a one man heating repair business and has fixed up six houses so far so he can have a some type of retirement. 

This man's name is Bill Kaiser.   Bill is the plaintiff in this fight.  Soon there will be others, for now, it is just Bill.

Property is part of our identify. The individual (you and me and our forefathers) formed government to secure and protect our rights. Life, liberty and the pursuit of happiness. Government exists to secure these rights. This is why we created a government and that is why we created our Constitution.   That leads me to why I have to created this page.

·  Our property rights, our security rights and our ability to protect our own property from illegal search and seizure are being trampled.  The fourth amendment was written to protect us from that.

·   Property cannot be taken unless full compensation is made.  The fifth amendment was written for that purpose. 

·    Property cannot be illegally entered, and be subject to a warrantless search just because it is being used for rental purposes.  This doesn’t happen to owner occupied property.  According to the Constitution - No state shall make any law which denies any person in its jurisdiction the equal protection of the laws. The Fourteenth amendment protects us from that.

Private property should be held inviolate.  Your home is your domicile.  It isn’t your government’s home.  It is yours.  Go ahead and think of every monthly payment, every single dime of paint, cleaners, improvements, taxes and insurance you have paid over the years.  Does the government own your house?  Does the government get to enter your living space without your permission?

I say “NO!” and I bet you agree with me.  Private property rights are hollow if you can’t use or live in your property it as you see fit, if you can’t have some privacy rights from others, if you can’t exclude people from entering your property while your children are playing.  You should be able to prevent people from entering your property because you own it.  The state is not a first mortgage holder on your house or your home.  YOU ARE!

Bill recently created a wonderful place to live.  He got all his permits and received approval for all his work (i.e. mechanical, electrical, plumbing as well as structure).  Once completed, the city said he was not allowed to rent without the approval from an inspection.   He reminded them that they already had inspected and gave approval for every system, for every bit of the house already.   The city said if he doesn’t let them inspect his property, they will condemn it – they will “red tag” it.  They will kick out any tenants that he might have inside the building and they will arrest him.   

He said they weren’t allowed to enter his property.

This isn’t a 3rd world nation we are talking about.  This is Lansing.  Lansing Michigan.  A city in the Midwest in the United States of America.

They are demanding to enter his property without his permission, without a warrant issued by a court and search his property.  They are searching to see if he has broken any laws.  This is an illegal search.  This is no different than the police walking up to you if you are sitting in the Meijer’s parking lot and demanding to search you and your car.  They can’t unless they have some cause.

Bill had to file suit to prevent the city from doing this.  This is a direct quote from his filing -

“a preliminary injunction preventing Defendants (City of Lansing) from conducting non-consensual, warrantless searches of Plaintiff's residential properties and penalizing Plaintiff for refusing to consent to warrantless searches by imposing civil and criminal penalties and depriving Plaintiff of the economically productive use of his property”

 It doesn’t end with Bill.  Every single person who owns property and rents it out is subject to this.  This action in no way prevents a tenant from complaining about something that is not right and asking the City of Lansing to inspect the property to determine if there is a violation of law.  This action is meant to prevent the City of Lansing from inspecting a property under that assumption that laws are being broken without any foundation to support that assumption.  That is an illegal search and that is what must end. 

Please help us.  If the City of Lansing successfully defends their actions, there is nothing to prevent them from entering your home or convincing the surround communities that it is alright to enter your home, without your permission and see if there is anything they can find. 

Again, this is not the 3rd world, this is not a lawless Dictatorship we are talking about.  This is Mid-Michigan, this is Ingham county and this is you and me.

Thank you.
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    Organizer

    Douglass Benson
    Organizer
    Lansing, MI

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