Brain
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Eviction of Damon Fowler: Why it's illegal (self.atheism) submitted 4 days ago by radeky Since I assume this information will be lost in the other thread, here's one for it. NOTE: NOT A LAWYER Just a guy who's been on both sides of the Landlord/Tenant Law Generally speaking, you cannot kick someone out to the street with no notice. I'm having a hard time finding anything specific relating to family members, but my understanding from other states is if there is an adult living in your house, and they've established residence there, you must evict them just as you would a tenant. If they're not paying rent/don't have a lease, you can generally evict without a court order, but you STILL have to give notice. Here's what I've found regarding Louisiana Eviction so far: *If you rent by the month and do not have an agreement as to how long your rental will last, you are a "month-to-month" tenant. If you are a month-to-month tenant, your landlord can evict you for "no cause" or reason. But the landlord must give you 10 days' notice in writing before the end of the current rental period. If the landlord does not give you the right notice, the judge should order the landlord to start the eviction process over - usually for the next month. Defenses to these 10 day "no cause" evictions are limited. If you do something to break your agreement, like not paying your rent, your landlord can generally evict you on 5 days' notice.* RentLaw.com Specific Article regarding Eviction Notice in LA for "Occupant other than Tenant": LA CCP 4702 Now, in some states, it is required, if you call the police, they must re-admit you back to the property. Aka, restore it back to your possession. However, I cannot guarantee that'll work in this situation for a number of reasons. • 1) I cannot find a specific law regarding wrongful eviction because the LA law search SUCKS Search here Note.. relevant law I've found so far is under "CCP" • 2) He was living with his parents, and not paying rent. Not paying rent doesn't matter. But living with your "landlords" can. Now, looking at the law it appears that he still needs to receive a 5 day notice. • 3) I believe he lives in a relatively small town, and there is a chance the cops would be dicks, if they even showed. Edit: If he's still a minor and not emancipated, then he'll almost definitely be let back in by the police, as that crosses the line into child endangerment/neglect. http://www.reddit.com/r/atheism/comments/hh3o2/eviction_of_damon_fowler_why_its_illegal/ 3) Fowler has been physically threatened. Students have threatened to "jump him" at graduation practice, and he has received multiple threats of bodily harm, and even death threats. Enough said. 4) Fowler's parents have cut off his financial support, kicked him out of the house, and thrown his belongings onto the porch. Let's be very, very clear about this one. At a time when their son was being bullied, threatened, publicly pilloried, and ostracized from his school and his community, his parents joined the party. Their initial response was to hold him in their house against his will, take his cell phone and cut off his contact with the outside world, and even cut him off from contact with his older brother, Jerrett. Their more recent response has been to cut off financial support, kick him out of the house, and throw his belongings onto the porch. My graduation from high school is this Friday. I live in the Bible Belt of the United States. The school was going to perform a prayer at graduation, but due to me sending the superintendent an email stating it was against Louisiana state law and that I would be forced to contact the ACLU if they ignored me, they ceased it. The school backed down, but that's when the sh**storm rolled in. Everyone is trying to get it back in the ceremony now. I'm not worried about it, but everyone hates me... kind of worried about attending graduation now. It's attracted more hostility than I thought. My reasoning behind it is that it's emotionally stressing on anyone who isn't Christian. No one else wanted to stand up for their constitutional right of having freedom of and FROM religion. I was also hoping to encourage other atheists to come out and be heard. I'm one of maybe three atheists in this town that I currently know of. One of the others is afraid to come out of the (atheist) closet. Though I've caused my classmates to hate me, I feel like I've done the right thing. Thursday night was Damon Fowler's Senior Class Night, an official school activity that functions as a graduation rehersal and senior class awards assembly. At the assembly a student apparently mocked Fowler, and all freethinkers, by offering a rather lengthy, Christian prayer. A secret video was taken of the event, and the activity is disturbing. One blogger writes: This girl used prayer as a weapon to separate the Good Christians from The Others. To alienate. To shun. To mock. And even more disgustingly, the community cheers along like a pack of warriors who have defeated their enemy, and laugh condescendingly at the mention of a moment of silence. Yet even though Damon faces open hostility at home in Bastrop, he nevertheless enjoys a great deal of support. Freedom From Religion Foundation has already offered Damon a $1,000 student activist award for his courage, and the Friendly Atheist has started a scholarship fund for Damon. http://www.examiner.com/humanist-in-national/young-atheist-hero-objects-to-graduation-prayer-small-louisiana-town Bastrop High School Prayer in Spite http://www.youtube.com/watch?v=zaD8iQFaw7I&feature=youtube_gdata_player quote:
ORIGINAL: juliaoceania I noticed that whomever wrote this article talked about harassment of this kid, and included that he no longer had a home to go to. Did his parents kick him out for his stance? If he is 18 they had every right to do so. They pay the mortgage, right? If he is an adult, they have the right to tell him to get lost for any reason they like, including the fact that he does not share their beliefs. I do not see the above as oppression of his first amendment rights. Perhaps I am missing something here.
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