Citations 19-ov-400177-180

Business License Dispute

These are citations disputing my refusal to purchase my Granite city 2019 business licenses. My refusal was sparked when numerous incidents with Granite city arose where police ordered me to evict good customers with little regard for my customer’s rights or “due process”. I thought it was “innocent until proven guilty”, but that is not how it works in Granite city. Police routinely demand the eviction of entire families without a trial, without a conviction, and sometimes even without even an accusation.

I informed the city I would not be purchasing a license that required me to act as adjunct police to evict my customers, violate their civil rights, and throw them out on the streets. To date, the city has not addressed nor responded to my list of complaints other than to issue these “no business license” citations.

We have organized multiple protests in conjunction with my hearings hoping to spread the word about these issues in government.

Next Court Hearing and Protest: January 15th, 2021

The case has again been continued at the request of the city. Our next hearing and protest will be taking place on January 15th, 2021.

Update November 2020:

Since my last update in June, I have been present for three court hearings only to have the city not show up. Instead they have motioned each time to continue the case because “they can’t find an attorney”. This is a tactic I have experienced from Granite city before: their ploy is to jerk around the landlord through numerous hearings with little result, wasting the time and resources of the landlord in the process.

I believe the reason the city is continuing these cases is because they fear the implications a loss in this case could have on their entire system of abusing the rights of landlords and renters. This is why I have not yet sought a default judgment against the city. Yes, I would get out of paying my $25.00 business licenses, big whoop. However it would not have a lasting effect on our broken municipal system, and we would all be in the same situation next year.

Update: February 12th, 2020

The Defendant, Kevin Link’s, Response to City’s Motion for Summary Judgment

The “Crime-free housing” ordinances imposed upon Defendant through these disputed business licenses impose unreasonable restrictions on the Defendant’s business, sufficient to effectively prevent him from operating his business in a fair and moral method as to his tenants.
Defendant’s Response to Motion for Summary Judgment, paragraph 7

On February 11th, 2020, I filed my official response to the city’s ongoing “Motion for Summary Judgment” . In my official response, I argue that the city’s directives under the “Crime-free housing” ordinances have made my business impossible to operate profitably, and furthermore has routinely damaged the livelihoods of my customers and their families by forcing the unjust eviction of individuals who, more times then not, are not even found guilty of a crime.

I also note that the only way in which I could seek to avoid these damaging compulsory evictions would be to perform extensive and intrusive background checks on not only my leased customers, but on each and every individual they may choose to invite as a guest; under “Crime-free housing” if even a guest is suspected of committing a crime at some location and at some time in the recent past, the entire household can be subjected to a forced eviction regardless of involvement, affiliation, or even knowledge of that guest’s alleged crime. [See Para. 8 – 11, “Response to Motion for Summary Judgment”] However even if this was reasonably feasible, which it is not, it would still be insufficient as I do not have the legal right or resources to police who my customer’s allow into their leased property.

My response further argues that a ‘Motion for Summary Judgment’ should only be granted in cases where the right to judgment is firmly established and free from all doubt [See para. 2 & 3, “Response to Motion for Summary Judgment”]. In this case the right to Judgment is not free from all doubt; while it is an indisputable fact that I failed to obtain 2019 business licenses, reasonable individuals will draw differing conclusions whether or not this was justified in light of the issues with Granite city “Crime-free housing” ordinances and the damage they accrued to my business and customers. Until such a time as the rampant problems with Granite city “Crime-Free housing” are addressed, it is inappropriate to force me to purchase a business license from the same city which has all-but put me out of business and caused the ongoing liquidation of my business assets within Granite [See Para. 13-16, “Response to Motion for Summary Judgment”] .

Important Case Documents:

City’s motion for Summary Judgment – City asks court to find me guilty on all counts.

Kevin’s Response to Motion for Summary Judgment – Kevin Replies and asks the court to deny Motion for Summary Judgment.

[Archived Information [OLD])

“Crime-Free Housing” Business License Dispute in Granite city

These are ongoing cases disputing my refusal to purchase 2019 business licenses while protesting Granite city’s inappropriate use of the “Crime-free housing” ordinances to force the eviction of entire, innocent families (See the “My Story” page for a first-hand account of how these ordinances uproot and damage the lives of Granite city citizens).

On December 27th, 2019, my case was scheduled for “Jury Trials” to take place on January 16th, 2020 [See pg. 1, Jury Trials Notice].

While Granite city had ample time to file a motion before the trial scheduled for January 16th, 2020; Granite city waited until January 14th, 2020; just two days before my scheduled Jury Trials, to file a last-minute [Motion for Summary Judgment; see pg. 2-7] asking the Court to find me guilty on all “No Business License” cases and forgo the scheduled “Jury Trials”; even though I had already paid the Court jury fee in-full for the opportunity to present my case before a Jury.

I appeared on January 16th, 2020, and asked the presiding Judge for additional time to respond to the city’s “Motion for Summary Judgment” which they had filed just two days prior. Fortunately the Judge granted me a 45 day extension, at the end of which he would adjudicate the city’s motion.

I have been granted a Trial-by-Jury for ticket 400178, as well as a new presiding judge and a change of venue from Granite city to the Edwardsville court house. I have high hopes that these changes will yield a more just, fair, and appropriate result then my past experiences in Granite city court.

Furthermore, it just so happens that the customer I was forced to relocate years before (as described in Exhibit Z), is my current tenant at [REDACTED] E. 24th Street, the property which ticket 400178 concerns. I am certain he will make a good witness of Granite city’s past indiscretions.