commander and iraqi freedom one and two as such commander of convoys he was exposed to i improvised explosive devices blown up twice he has more metal in his as a result of that he suffers from he has been diagnosed and suffers from p t s d and he has been on going care he did he was released from active duty in two thousand and four and one of those instances occurred in march of two thousand and fifteen so it was not on county property it was non callable properly and i'll get into the circumstances of what happened there because frankly later on in any event the those highly decorated combat veteran is released to add to full service duty after this bans him from all county property you're going to maybe hear arguments i've heard before that no it was just administration building my client and we cite in the brief to the specific documents my client had to get permission from judge  of circuit judge that was trying this case in the state court to attend his own hears he had to get permission from the state's attorney's office until his brother's wedding at the court so it wasn't a situation where he excluded from just the administration building it was all county property mr burke got you cast the claim here in terms of or one of the claims in terms of a first amendment right to assemble yes  what what authority do you have though for the proposition that that right extends to you know going to work in a particular location be in the reap the reason i ask that question is because i don't i don't understand saying you know i was unable to go to that or to the county fair i wasn't able to participate in this protest march i wasn't able to go to go to the city and i couldn't go to the public library i couldn't wedding yes he did and he was able to go to the courthouse to make his appearances after judge bakker and in order saying he was allowed to go to the courthouse from then on ok so yes he was able to do those things and i know he wasn't happy to have to get the permission but he was able to do what he wasn't able to do is work in the administration building we were told by deputy trent i forgot his last name that i was particularly told because i didn't want my client to  be confronted with the arrest situation that it was a county wide band if he steps on county property period we're going to ask him to leave if he doesn't leave you'll be arrested for trespassing those are the and i made those allegations in the complaint summary judgment so we are talking about the novo review and it really was i was flabbergasted we had survived a motion to dismiss no additional evidence was put on granted mr settlement broke down it proceed to summary judgment that in that little window of time you did you propound any written discovery not did you issue any deposition requests let me take that back i the parties were allowed i was  timely did my initial disclosure and so that was written disclosure on my part d the friend and swore allowed leave to file late disclosures i think that or i may be wrong but i think that was after the settlement broke down and but they were allowed to follow sway disclosure so that they could i guess call witnesses what you didn't conduct any written discovery or take any depp's out no oh i don't want to take back on that sixteen december fifth two thousand and sixteen when the incoming chairman lifted the ban and there has not been a single incident since that time i think that speaks volumes he doesn't write hindsight helps us here but  official has concerns valid and individual whether employed directly by the county or not being a potential threat to the safety of others in the building  just consistent with the laws you understanding that that person can take reasonable steps to guard the safety of the public but it is our position that in this case safety had nothing to do with it this is your theory as i understand it is that disagreements on policy and funding matters two or three years earlier were what led to the retaliation against your client correct not exclusively that's part of it well i thi me consistently while mr levy was being treated during this period of time with county officials want to associate judge sarah smith she's now circuit judge and to discuss bra these are biggest point here is this is not something that should should have been given for summary judgment this is something that twelve people in a jury box should have come to a conclusion we're not saying that they could have concluded in favor of the count but were say that bad frankly i wanted to jury to see it too and i want to jury because i think the jury's going to rule my client's favor because if you would have been taking me back to a hospital that misdiagnosed me a year earlier and left me in pain for three days of kicked out the windows of squat well hold on he i mean after that incident with the squad car i mean he got that e mail exchange with what's the guy's name parenthetically or something or i don't remember his name he agreed to he agree of first amendment right to petition the government for grievances county government simply decides for whatever reason that we think a particular person is dangerous we don't want to let them in public buildings where they could do business they need to do business by email online  expressed a desire to be heard on a first amendment issue it was just going to work and it's just got to points out in that response to joke around he said ok no worries i won't be in the county ministration building for anything that's paraphrasing but that's pretty close to what he said he also says that me i'm perfectly happy with being on leave with pay till we sort some of these issues  person who is not an employee of the county to simply have access to billing to go to work and so the the his first i think to the the whole case is built on the house of cards because there is no first his complaint and in summary judgment papers that he was banned from all county property i know you disagree with that but that's that's his contention and he put it forward but what i'm not seeing is a claim that i was missing my case t ball games i couldn't i couldn't go to the county fair i wasn't able to march in the parade it's not right and cetera am i right about that you are correct your honor the only record albums is a basically an afterthought during one of our hearings in the state courts james but the facts are that he hasn't been excluded from anything other than the county administration building for good reason now he says employer who says no to a public employee who asks a private of order to fund a position is covered by the first amendment it simply is not so again there is no protected activity to even start the debate sentence he needs to go to a county office to get an id through two other business and so on and ten a county official decided that person is dangerous and we need to keep him out of this satisfaction or honor i would study no without more well what would it take i think it would take knowledge inhabitants of the building or the visitors or the people who are in that building and let's suppose the county executive gets a report maybe it's from a probation officer a parole officer or a neighbor county property county offices i don't believe any creed depravation process b or equired in the state has its own post deprivation remedies available even officials are taking an action in a sense on their own initiative in the absence of some information coming from outside the house if the guy were already in the building and the county official heard that he was in the building and ran over and said hey you gotta get out might be a different case but i i don't i don't believe the law to the v a see so that they can get help leading never expressed first amendment concerns he did when i started representing him bram was not on leave with pay the petitions were put on there too i think it had do with a real estate tax deal not this is another one i just