Cleo T. Wiley v City of Detroit et al, Detroit City Council, George Cushingberry Jr. - The Drama Continues

By Friends of George Cushingberry Jr.

PRESS RELEASE

The taxpayers of the City of Detroit are under attack again from a sexual harassment lawsuit filed by Cleo T. Wiley in the 3rd Judicial Circuit Court, Wayne County Michigan. On Wednesday March 11, 2020, US District Court Judge Marianne O. Battani dismissed all charges against the City of Detroit, Detroit City Council Members and, retired State Representative and former Detroit City Council-member George Cushingberry Jr. In her 23 page ruling, Judge Battani ruled that Cleo Wiley did not have sufficient evidence of sexual harassment and, was not entitled to protection under Title VII of the Civil Rights Act of 1964 as an Independent Contractor.  The court properly ruled that anyone working for a Detroit City Council member under a personal services contract is an at will employee subject to immediate dismissal. 

On Friday March 13, 2020, attorney Robin Beth Wagner filed the same charges with 3rd Circuit Court Judge Dana Margret Hathaway using State of Michigan Elliot/Larsen discrimination laws. The schedule of events for the case per order of Judge Hathaway:

1. Witness Exchange Filing:  September 4, 2020
2. Discovery Cutoff Date:      October 23, 2020
3. Case Evaluation Month:    December 2020

After step three is completed, two events are required to occur by court rule. The first one is a settlement conference and, the second one is a motion to dismiss the charges. Unless a motion to dismiss is filed within 30 days or, a settlement conference for both parties is held within 42 days the case will proceed to trial. It is noted in the record by Judge Battani that allegations are dismissed at the state level because of similarities between state and federal laws. 

The pursuit of this lawsuit the plaintiff is another attempt to shake down the taxpayers of Detroit for money. During George Cushingberry's time as President Pro-Tempore of City Council, he was responsible for putting in rules to prevent attack by plaintiffs filing frivolous lawsuits against the city.  He was also responsible for installing automation for the City Parking Department in 2015 generating over $200,000 dollars in revenue within one month of implementation. Among other monetary gains for the city, assets like Detroit City Airport and Benjamin O. Davis Aerospace High School were protected from the plans of Mayor Mike Duggan to shut it down to build more buildings that we don't need, given the massive vacancy rate of existing structures in the city.

After further review of his four year term on the Council, the incidents regarding former Council member George Cushingerry regarding a "high speed" police chase, antique cars and, sexual harassment charges were falsehoods promoted by Fox 2 Detroit News, led by former reporter M.L. Elrick. 

The car chase was proven to be false, the "antique" car was sold much less than value than advertised and, the sexual harassment charges were dismissed in court. Out of respect for the great men and women of the Detroit Police Department, police brutality charges and filing false police report charges were never pursued against the officers. Instead, we directed Chief James Craig to lecture the two officers on their mistakes and, to never, ever treat another citizen like that again. The culmination of these falsehoods served as grounds for dismissal of Mr. Elrick from Fox 2 Detroit in December of 2019. 

Tara Reade and Cleo T. Wiley

In summary, the #MeToo movement must be held accountable for promoting women to pursue frivolous lawsuits to extort money from individuals, smearing elected officials, influence elections of candidates for public office and, professionals in private businesses for financial gain. Extortion is a crime and harms women with legitimate claims. For that indiscretion, the accusers should be punished to the fullest extent of the law for extortion, filing false police reports and slander.

By February 2021, we truly hope that this fiasco is brought to a decisive end.

Reference:   Case #20-003959-CD  

Cleo T. Wiley                                                                                    Plaintiff

       v 

City of Detroit, Detroit City Council, George Cushingberry Jr.         Defendants

Exhibit #1 - Deposition of Cleo T. Wiley 

Order of Dismissal US District Court Judge Marianne O. Battani (PDF)

Fox News:  Cleo Wiley Sues George Cushingberry Jr. for Sexual Harassment  - Reported by M.L. Elrick

Metro Times: Cleo Wiley's participation in the used car scandal against George Cushingberry Jr.  - Reporter Allie Gross

 

Reasoning On Why The City Must Abandon The Anti-Marijuana Reform Lawsuit

By Richard Clement - Marijuana Policy Consultant

After further review of Wayne County Circuit Court Judge Robert Colombo's decision to overturn the voter approved Proposals A and B,  a further analysis of the Michigan Zoning Enabling Act was undertaken by interested parties like me.  The question becomes:

Is a ballot initiative similar to a protest petition as specified in the Mi Zoning Enabling Act?  (MCL 125.3403 - Amending a zoning ordinance) 

Did the people speak clearly to the issue of amending the zoning ordinance?  It was clear that the original ordinance was not a choice of the people but, administratively enacted by a majority vote of the City Council.   The owners/voters of the land objected and, responded clearly with their vote, exceeding the 20% threshold required in Section 403 of the Zoning Enabling Act.

Why Can't Weed Be Friends

The ultimate decision maker of laws are the people who have to live by them.  Therefore the petitions were filed according the law and, the case should be dismissed by the Michigan Supreme Court.  To review the opposition's argument that the neighborhoods do not want them, a tight review of the voting results show that a very large majority of the opposition is located in 10 distinct neighborhoods or voting precincts within City Council Districts 1, and 2.  The City of Detroit has 490 neighborhood precincts and 480 of them voted yes on both proposals (98% Yes / 2% no)

The resources spent with the Law Department must be redirected to Information Technology development, hiring Marijuana compliance inspectors to make sure that quality products are being sold and, customer service are being provided as requested by the majority of the citizens of the City.

To make this happen, you must call or email Mayor Duggan and all nine Detroit City Council members asking them to  Cease and Desist with the lawsuit and, allow Information Technology professionals the ability to do their jobs for the people who have hired them in the City of Detroit.

City of Detroit Website (City Council)


City of Detroit (Mayor)


Michigan Zoning Enabling ACT  Section (125.3403)

125.3403 Amendment to zoning ordinance; filing of protest petition; vote. Sec. 403. 

(1) An amendment to a zoning ordinance by a city or village is subject to a protest petition as required by this subsection. If a protest petition is filed, approval of the amendment to the zoning ordinance shall require a 2/3 vote of the legislative body, unless a larger vote, not to exceed a 3/4 vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body of the city or village before final legislative action on the amendment and shall be signed by 1 or more of the following: 

• (a) The owners of at least 20% of the area of land included in the proposed change. 

• (b) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. 

(2) Publicly owned land shall be excluded in calculating the 20% land area requirement under subsection (1). 2006, Act 110, Eff. July 1, 2006

Voter Suppression for Marijuana Reform Creates Voter Apathy and Mistrust in Detroit

By Richard Clement

The recent opt in and zoning initiatives on the November 7th, 2017 ballot was approved in  480 of the 490 voting precincts within the City of Detroit. Both proposals passed by 98% citywide, so it is baffling when the Council introduces a moratorium and directs the City Law Department to invalidate election results. Wayne County Circuit Court Judge Robert Colombo allowed the City of Detroit to switch from being defendants to plaintiffs on the same charges that were tossed for two plaintiffs Marcus Cummings and VK Holdings LLC at 12800 E. Eight Mile.  

Michigan Attorney General Candidate
Dana Nessel
www.dana2018.com

The same Judge who deemed their case frivolous, used the same information to invalidate the ballot initiative. The City was allowed to refile charges at 12:01pm, allowing Judge Colombo to wait until 6:30pm to flip flop on the law. This is the same procedure that the Legislators in Lansing used to throw out the no vote on the Emergency Manager, reinstating them to loot City assets and poison children in Flint Michigan without fear or retribution.

The numbers below are a breakdown of the vote by City Council district.  In Districts 4 through 7, Opting Into State Law passed by 100% of the vote with Zoning passing by 98%. In City Council District 3, Marijuana passed by 98% whereas Districts 1 and 2 had a 94% percent rate of approval.  Both proposals A and B, passed by a 98% margin in the entire city.

Dist	PCT#		A	A%	B	B%	A+B	A+B%	AorB	AorB%
1	76		71	93.4%	68	89.5%	72	94.7%	67	88.2%
2	81		73	90.1%	72	88.9%	76	93.8%	70	86.4%
3	67		65	97.0%	65	97.0%	66	98.5%	64	95.5%
4	68		68	100.0%	68	100.0%	68	100.0%	68	100.0%
5	74		74	100.0%	73	98.6%	74	100.0%	73	98.6%
6	58		58	100.0%	57	98.3%	58	100.0%	57	98.3%
7	66		66	100.0%	65	98.5%	66	100.0%	65	98.5%
ALL	490		475	96.9%	468	95.5%	480	98.0%	464	94.7%

Legislative voter fraud is when elected officials move to negate the will of their citizens after a vote because the results are not to their liking. For the City of Detroit leadership to file a motion with Wayne County Circuit Court to invalidate the results of a vote is deplorable. This action creates voter apathy,  proves the case to some in the community, especially the African American community that their vote does not count. This action by the city creates mistrust in our government among citizens in Detroit, especially the young people under 40 years of age. 

Making decisions after normal working hours so that people are not aware of what is going on until the next morning is deplorable. This should not be the new method of operation (MO) for democracy in Michigan. To stop this we must elect an Attorney General like Dana Nessel who would step up and fight for the will of the people, instead of the interest of a few. We must put good leaders with wisdom and knowledge in the Michigan State House and Senate. We must elect Judges and Sheriffs who have the people's best interest at heart.

This decision by Judge Colombo must be appealed for the sake of democracy. The children are learning from their elected leaders that their votes can be suppressed. This is not good for education, and the future of our City.  Especially to the ancestors like Mrs. Amelia Boynton who who got punched in the mouth on the Edmund Pettus Bridge in Selma Alabama so that her and others have the opportunity to determine the direction of their community by voting. 

Contact your Detroit City Council Today at www.detroitmi.gov/Government/City-Council and tell them to respect the will of the people because, they are employees of the people who employ them with their vote.

Detroit Votes YES to Opt Into Marijuana Industry Growth and NO to Voter Fraud Attempt by City Planning Commission

Richard C. Clement - Marijuana Policy Analyst and Legislative Aide to Council President ProTem George Cushingberry Jr.

The citizens of Detroit are very grateful to Council President Pro Tem George Cushingberry Jr, Corporate Counsel Butch Hollowell, and Mayor Mike Duggan for choosing NOT to pursue a legal challenge to the voters on Medical Marijuana Proposals A and B. This move will save the taxpayers of Detroit millions in legal fees and create additional revenue that can help defray health care costs for City Retirees. The request to invalidate the election results from the City Planning Commission amounted to blatant voter fraud and, was a slap in the face of the electorate whom 60% of them voted in favor of opting into State Marijuana Laws.  The language cannot be changed for at least 365 days after being certified by the Wayne County Clerk's office which was on November 21st, 2017.

Yes, we can all get along because the people have spoken that they enjoy tokin..

Councilmember James Tate's argument to invalidate the vote was deemed invalid because "the process" was decided by Judge Robert Colombo, who ordered that the issue be placed on the November ballot. That WAS the City of Detroit Elections Bureau's opportunity for a legal challenge and, it was clearly answered by the Judge. Furthermore, the 8 to 1 decision by the Detroit City Council to invalidate the results of the voters in Detroit stresses the need for the return of teaching Civics in K-12 education. We have way too many people saying that votes do not count and, this is a prime example of bad behavior by the City Planning Commission, reinforcing negative stereotypes to children about government.

Website: Council President Pro Tempore George Cushingberry Jr explains his objection to the Planning Commission's attempt to cancel out the votes of Detroit residents on Marijuana management in the City.

We must continue to tell our citizens that your votes DO count when you show up at the polls. We already have examples of the work by Emergency Managers that were selected, not elected by the majority of the people.

On your 2018 ballot decriminalization of Marijuana in 2018 is a strong possibility if you show up at the ballot box. You will have the choice of Voting on regulating Marijuana like Alcohol. With regulation comes the oversight needed to prevent unfair business practices. The process must be inclusive of all Michigan citizens regardless of who you are and your background like any other business. 

Detroit City Airport/Tuskegee Airman Project Leaders

Going forward, we want to know where are all of those Marijuana hating pastors are when the children of Davis Aerospace needed their runway paved with new asphalt to help them in their aviation careers? Better yet, where are all them when people like Creflo Dollar and his $65 million dollar jet when he comes to Detroit to visit?  When an African American investor wanted to bring his airline to Detroit and invest his own money into the facility, the noise from this group in support sounded like crickets. There are real battles to be fought for in the growth of Detroit, and commercial Air Service at City Airport is one of them that will create jobs and opportunity for everyone.  We must refocus the energy of the clergy to remove the head in the sand attitude on change and, fight along with elected leaders to eliminate the outrageous insurance rates that are detrimental to the growth of our City.  

This policy must be changed in Lansing MI and, George Cushingberry Jr has the knowledge, experience, and demonstrated ability to get the job done, especially in Senate District 2 in 2018. Some of the things he has already accomplished are, improving the City finances with 4 straight years of balanced budgets, raising reading literacy in Detroit Public Schools by reading to Children, streamlining City of Detroit technology and, promoting job opportunities at the Northwest Activities Center for anyone who is in need of a job.

Detroit City Council Being Requested To Commit Voter Fraud on Tuesday Nov 21st

By Richard C. Clement - Marijuana Policy Analyst and Legislative Aide to Councilmember ProTem George Cushingberry Jr. - City of Detroit 

    Your presence is requested at the Coleman Young Municipal Center 13th floor on Tuesday, November 21, 2017 at 10am for public comment and protest of the Detroit City Planning Commission. They are asking the Detroit City Council to partner with Attorney General Bill Schuette to throw out of the votes of Detroiters on Marijuana reform because of an assumed technicality of the Michigan Zoning Enabling Act. 


         Website: Michigan Zoning Enabling Act  www.michiganrelaw.com

Website: The Murder in Vandalia Michigan at the Rainbow Farms Camp by the FBI and the State of MI for Marijuana

These same forces are forcing business owners out of the market by applying exorbitant fees driving small business owners out of the market. We want a Community Benefits Agreement for Marijuana in the City of Detroit stating how the new businesses will help contribute to the betterment of the quality of life for the community.  Detroit residents are more than consumers of Marijuana, they are also business owners of every race, sex, marital status, and choice of a significant other.

The 2:00 Minute Drill is in Full Effect -  Written Comments Welcome Also

The current Detroit City Council will be asked by the City Planning Commission to invalidate the results of the vote in the Nov. 7^th General Election regarding Medical Marijuana Zoning. They will be asked to present a legal challenge to prevent the enforcement of the will of the people with the help of Michigan Attorney General Bill Schuette. After years of Emergency Management and, the damage that it has done to everyone, this request by the planning commission offends the tenants of the United States and State of Michigan constitution by asking the City Council to commit an act of Voter Fraud.   

This action is very detrimental to our democracy, especially the children who we are teaching about respecting the law and the importance of participating in your government. We talk about how people gave their lives so that people can get the opportunity to address their government and redress their grievances.  The children will be able to use their smart phones to look up voter suppression and see what is going on. Children in Detroit will be able to tell everyone that voting doesn’t matter and, that’s why my parents don’t vote.  

Oral Public comment is limited to two minutes.  Written comments are always welcome and accepted for the record.  Contact your Detroit City Council Today!

Website: Detroit City Council Members

Please be advised that the Detroit City Charter prevents the Council and Mayor from re-implementing any provisions of the old law for a minimum of 360 days after a vote is certified.