I will write more about this later, but the long and short of it is that the City's Motion to Dismiss our lawsuit appears likely to be denied and we have a pre-trial conference for October 11, 2005.
I literally cried at home thursday night, thinking about the injustice of the arguments that Mark Sweeney the attorney for the City Council was making. His final grasp at a straw to the judge was that the city council can meet in closed meetings with the BRA because in regards to the BRA the city council had no more authority than a common man in the street. The judge looked at him, smiled, and said "I don't buy that".
I would like to repeat. THE ATTORNEY REPRESENTING THE CITY COUNCIL ARGUED BEFORE THE COURT THAT THE CITY COUNCIL HAS NO SAY WHATSOEVER OVER THE BRA. In other words, the citizens through their elected officials the city council have no say whatsoever over the planning and development of their neighborhoods and their city.
There are only 3 possible outcomes at this point:
1) We settle with the City Council and give them the opportunity to take back power over the BRA (we sent them this olive branch weeks ago)
2) We have a trial and the City Councilors get called under oath to testify about what they do behind closed doors
3) They delay and deny using whatever legal shenanigans they can for as long as they can before they finally admit to wrongdoing so they don't have to testify.
Only option 1 is in the best interests of the city and of the citizens. I have hope, but not a lot of faith, that they will have the courage to put the interests of the City ahead of their own.