Bevis and Buttheads

This week, Missouri State James Lembke, known often as defendant, goes to court in the city of St. Louis with a a red light violation. Again, our state senator is more interested in publicity for himself than the safety of Missourians. His attorney is Bevis Schock. Bevis just lost a round with the City of Clayton with their no smoking ordinance.

Did you ever notice these conservatives are always worried about constitutional issues except when it might help out someone of a different color?

Challenge to Clayton outdoor smoking ban rejected

BY Margaret Gillerman • mgillerman@post-dispatch.com > 314-725-6758 STLtoday.com | Posted: Tuesday, December 13, 2011 12:05 am |

Smoking Ban starts Thursday in Clayton
J.B. FORBES
6/30/10 Wednesday Clayton Lawyers Charles Teschner, left, and Nathan Collins finish their lunch at Barrister's in Clayton Wednesday afternoon. Teschner finished his cigarette and said the majority of people had spoken when it came to a cigarette ban. J.B. Forbes Jforbes@post-dispatch.com
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* Smoking Ban starts Thursday in Clayton
* Smoking Ban starts Thursday in Clayton

CLAYTON • A federal judge has dismissed a lawsuit against Clayton that sought to overturn the city's ban on smoking on outdoor, city-owned property, including public parks.

"The city was confident that our ordinance was enacted properly and within the authority of municipal public health concerns," said Mayor Linda Goldstein.

Attorneys W. Bevis Schock and Hugh Eastwood filed the suit on behalf of resident Arthur Gallagher, who enjoyed smoking cigars in city parks. The suit claimed that the ordinance violated Gallagher's constitutional rights. Among the arguments, the suit said that 'smoking is a fundamental right" and asserted that smokers are persecuted and members of a legally protected class.

Schock said Monday that his client would appeal.

"It really comes down to whether the federal courts are going to hold the line where there really isn't any evidence of health benefits at all" for banning outdoor smoking, he said. "The question is whether they are going to let the members of the Board of Aldermen — who respond to fashion — infringe on our liberty.

From the Cayton Richmond Heights Patch: In a statement issued shortly after Goldstein's, City Attorney Kevin O'Keefe claims Schock took out an ad in the West End Word advertising for plaintiffs in a complaint that had already been drafted against the city. A copy of the ad, provided by O'Keefe, is attached to this article file.

"I hope Mr. Schock enjoys the publicity he so avidly seeks," O'Keefe stated. "The fact that Mr. Schock paid to advertise for a volunteer plaintiff for a suit he had written in advance and, in writing, said he would 'be paid by The City of Clayton' is a sad and embarrassing commentary on the state of the legal profession. I also believe the fact that his pleading is prefaced by the musical musings of Groucho Marx in a make-believe place is telling evidence of the merits of the case.

I'm guessing Hugh Eastwood, Show-Me Institute's Counselor of Silliness will also be involved.