Pith Helmet
Can the Citizens Auxillary Police really force me to shut down my garage sale?
We had a garage sale scheduled this weekend and at about 8am saturday morning, these guys wearing a blue arm bands and a pith helmets came up to our sale and said it posed a danger to the saftey of the nieghborhood and we had to shut down. I ignored him at first then about 15 minutes later they announced from a loud speaker that we had 10 minutes to shut down or they would confiscate all of our garage sale items. Their presence was running off all our customers anyway so we went ahead and shut down. Do they have the authority to force our sale to shut down?
Man … I would I were in your shoes – did you get their names? If not – DO ANOTHER GARAGE SALE AND GET THEIR NAMES, ADDRESSES, PHONE NUMBERS … MOTHER’S MAIDEN NAME AND/OR ETC.
CONSIDER THIS: (this is the Texas equivalent to the Uniform Commercial Code – that every State has adopted … so, either use the Uniform Commercial Code or use your State Code that adopts it);
BUSINESS & COMMERCE CODE
TITLE 2. COMPETITION AND TRADE PRACTICES
CHAPTER 15. MONOPOLIES, TRUSTS AND CONSPIRACIES IN RESTRAINT OF TRADE
SUBCHAPTER A. GENERAL PROVISIONS AND PROHIBITED RESTRAINTS
§ 15.05. UNLAWFUL PRACTICES. (a) Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful.
(b) It is unlawful for any person to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce.
(c) It is unlawful for any person to sell, lease, or contract for the sale or lease of any goods, whether patented or unpatented, for use, consumption, or resale or to fix a price for such use, consumption, or resale or to discount from or rebate upon such price, on the condition, agreement, or understanding that the purchaser or lessee shall not use or deal in the goods of a competitor or competitors of the seller or lessor, where the effect
of the condition, agreement, or understanding may be to lessen competition substantially in any line of trade or commerce.
(PLEASE NOTE THAT FOR BELOW – I AM TRULY PRACTICING TO BE MERCIFUL AND SHALL NOT INVOKE,IMPLY, CONTEND, CHARGE, INVOICE AND/OR ETC., ANY INTEREST WHATSOEVER. I PERSONALLY FEEL THAT INTEREST IS AN EVIL TOOL TO HARM AND DAMAGE DEBTORS AND I DO UNTO OTHERS AS I WOULD HAVE THEM DO UNTO ME; HENCE, ABSOLUTELY NO INTEREST WHATSOEVER CHARGED, ADDED, COMPOUNDED AND/OR ETC. AGAINST THE DEBTORS DEBTS.)
SUBCHAPTER C. ENFORCEMENT
§ 15.21. SUITS BY INJURED PERSONS OR GOVERNMENTAL ENTITIES. (a) Suit to Recover Damages. (1) Any person or governmental entity, including the State of Texas and any of its political subdivisions or tax-supported institutions, whose business or property has been injured by reason of any conduct declared unlawful in Subsection (a), (b), or (c) of Section 15.05 of this Act may sue any person, other than a municipal corporation, in district court in any county of this state in which any of the named defendants resides, does business, or maintains its principal office or in any county in which any of the named plaintiffs resided at the time the cause of action or any part thereof arose and shall recover actual damages sustained, interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws and ending on the date of judgment (the rate of such interest to be in accordance with Texas law regarding post judgment interest rates and the amount of interest to be adjusted by the court if it finds that the award of all or part of such interest is unjust in the circumstances), and the cost of suit, including a reasonable attorney’s fee; provided, however, that if the trier of fact finds that the unlawful conduct was willful or flagrant, it shall increase the recovery to threefold the damages sustained and the cost of suit, including a reasonable attorney’s fee; provided that interest on actual damages as specified above may not be recovered when recovered damages are increased threefold.
(b) Suit for Injunctive Relief. Any person or governmental entity, including the State of Texas and any of its political subdivisions or tax-supported institutions, whose business or property is threatened with injury by reason of anything declared unlawful in Subsection (a), (b), or (c) of Section 15.05 of this Act may sue any person, other than a municipal corporation, in district court in any county of this state in which any of the named defendants resides, does business, or maintains its principal office or in any county in which any of the named plaintiffs resided at the time the cause of action or any part thereof arose to enjoin the unlawful practice temporarily or permanently. In any such suit, the court shall apply the same principles as those generally applied by courts of equity in suits for injunctive relief against threatened conduct that would cause injury to business or property. In any such suit in which the plaintiff substantially prevails on the merits, the plaintiff shall be entitled to recover the cost of suit, including a reasonable attorney’s fee based on the fair market value of the attorney services used.
(c) Copies of Complaints to Attorney General. Any person or governmental entity filing suit under this section shall mail a copy of the complaint to the Attorney General of Texas. The attorney general as representative of the public may intervene in the action by filing a notice of intervention with the court before which the action is pending and serving copies of the notice on all parties to the action. The penalty for failure to comply with this subsection shall be a monetary fine not in excess of $200. The attorney general may file suit to recover the fine on behalf of the state in the district court in which the private suit has been brought. Amended by Acts 1983, 68th Leg., p. 3034, ch. 519, § 3, eff. Aug. 29, 1983.
§ 15.22. CRIMINAL SUITS. (a) Every person, other than a municipal corporation, who acts in violation of any of the prohibitions in Subsection (a) or (b) of Section 15.05 of this Act shall be deemed guilty of a felony and upon conviction shall be punished by confinement in the Texas Department of Corrections for a term of not more than three years or by a fine not to exceed $5,000 or by both. (b) A district attorney or criminal district attorney may file criminal suit to enforce the provisions in Subsection (a) of this section in district court in Travis County or in any county in which any of the acts that allegedly have contributed to a violation of any of the prohibitions in Subsections (a) and (b) of Section 15.05 of this Act are alleged to have occurred or to be occurring. Amended by Acts 1983, 68th Leg., p. 3034, ch. 519, § 3, eff. Aug. 29, 1983.
§ 15.26. JURISDICTION. Whenever any suit or petition is filed in the district court in any county in the State of Texas as provided for in Section 15.10, 15.20, 15.21, or 15.22 of this Act, the court shall have jurisdiction and venue to hear and determine the matter presented and to enter any order or orders required to implement the provisions of this Act. Once suit is properly filed, it may be transferred to another county upon order of the court for good cause shown. Added by Acts 1983, 68th Leg., p. 3034, ch. 519, § 3, eff. Aug. 29, 1983.
treasure trail ~~Pith-helmet~~
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