by NCARB=RICO » Mon Oct 28, 2013 9:30 pm
Hi Coach,
Its the artists formerly known as JimShort. Thought you might like to know what I will be up to with my law research and future filing against the State of Colorado and its DORA board members. Been studying applicable laws to stick them with. The obvious and easy ones are the violations of Colorado's Architecture Practice Act that states "no more than 3 years of practical experience", demands a minimum competency, and a set passing score, none of which exist. What I most intrigued with is the Federal RICO Act. It fits to a T.
RICO is the fraudulent intent of obstructing interstate commerce. - Yep, sure obstructs commerce and since NCARB is in DC it obstructs it in all 50 states.
Must meet the following 5 tests:
(1) the existence of an enterprise; YEP
(2) that the enterprise affected interstate commerce; YEP
(3) that defendant was employed by or associated with the enterprise; YEP, DORA Board members are on NCARB boards and meet regularly
(4) that defendant participated, either directly or indirectly, in the conduct of the affairs of the enterprise; - YEP, Meeting minutes prove it.
5) that defendant participated through a pattern of racketeering activity; i.e., through commission of at least two racketeering acts. YEP, Each denied or delayed person is a racketeering act.
I think DORA and I have ourselves a fun ball game. The administrations multiple counts of False Swearing and denial of Open Record Act requests for pertinent documents does not make them look very good.
Trying to find a way to go after the legislature for funding this fraudfest. That may have to be done later. Colorado law demands a Notice of Claim and a delay of 180 days. Will have to file in Federal court immediately under US Code Title 42 Section 1983, which is the Civil Rights Act of 1983 and was written for the purpose of people suing states and cities that deny them Constitutional Rights. The right to work falls directly under the Pursuit of Happiness. One cannot pursue happiness if one is denied work, particularly if they can perform the work better than the clownfest that makes up the DORA Board let alone minimum competency.
I'll update and tell everyone when I do file. First must file against the City of Denver for the most fraudulent and onerous contractor licensing program in the country. No Hispanics have been given a new Class in the past couple decades. The 1 that was given a Class A was given that more than 20 years ago. Only 1 African American in that same span. Denver Public Schools has 41 Class A contractors, 2 are minorities or women. smh
Later,
The artist formerly known as Jim Short