FOR THE LAST TIME, IT'S NOT THE OFFICIAL SAUK VILLAGE ILLINOIS LOGO!!!

By: Joachim Mahomes

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. "The freedom to speak one's mind is not only an aspect of individual liberty -- and thus a good unto itself -- but also is essential to the common quest for truth and the vitality of society as a whole."  The United States Supreme Court rightfully has been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a "false" idea.  As Justice Holmes wrote, "When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas -- that the best test of truth is the power of the thought to get itself accepted in the competition of the market.

The sort of robust political debate encouraged by the First Amendment is bound to produce speech that is critical of those who hold public office or those public figures who are "intimately involved in the resolution of important public questions, policies, and laws, or, by reason of their fame or notoriety, shape events in areas of concern to society at large."  Supreme Court Justice Felix Frankfurter probably said it best when he stated; "one of the prerogatives of American citizenship is the right to criticize public men and measures." Such criticism, inevitably, will not always be reasoned or moderate; public figures as well as public officials will be subject to "vehement, caustic, and sometimes unpleasantly sharp attacks."

Of course, this does not mean that any speech about a public figure is immune from sanction in the form of damages. That groundwork was laid out as far back as 1964 when the New York Times was sued in the Supreme Court of Alabama by City of Montgomery Commissioner Sullivan, who alleges that newspaper published defamatory statements in a paid advertisement describing the maltreatment of African American students protesting segregation by the police force under Commissioner Sullivan's supervision. Sullivan argued that he was implicated in a false and defamatory advertisement because he oversaw the City police in his official capacity as City Commissioner. Commissioner Sullivan WON in the State Supreme court of Alabama, only to have that ruling over tuned by the Supreme Court of the United States.

Generally speaking the law does not regard the intent to inflict emotional distress as one which should receive much solicitude, and it is quite understandable that most if not all jurisdictions have chosen to make it civilly culpable where the conduct in question is sufficiently "outrageous." But in the world of debate about public affairs, many things done with motives that are less than admirable nonetheless are protected by the freedom of speech given in the First Amendment."

- Judge William Rhenquist

Former Associate Justice of the Supreme Court of the United States.

"BUT THEY USE THE VILLAGE NAME AND LOGO"

With regards to using the Village Logo, whether it the OFFICIAL VILLAGE OF SAUK VILLAGE LOGO, or one that looks closely similar, this argument is baseless and meritless. This is spelled out in the Lanham Act, more commonly referred to as the Trademark Act of 1946. In this act, the general interest of the public by protecting consumers from false and misleading representations concerning the source, identity, or quality of a product or service. Secondly, the law protects the right of the owner of a trade or service mark to have his or her product or service identified by a distinct name or label.

The fact escapes Ringleader Trustee Debbie Williams, and the Fanatical 5 Trustees coalition that you CANNOT TRADEMARK A MUNICIPAL LOGO, SEAL, FLAG OR INSIGNIA! Nevermind the FACT, that the TAXPAYERS own and PAY FOR IT AND ITS OPERATIONS, this is nothing more than yet another attempt, by a desperate, contrite Trustee, to stifle speech and video taken at PUBLIC BOARD MEETINGS that is critical and opinionated in opposition of her coalition of Fanatical 5 Trustees even though that RIGHT is assured to everyone under the First Amendment.

SO JUST WHAT DOES THE LAW SAY?

Accordingly, the Lanham Act permits persons to apply to the U.S. Patent and Trademark Office ("USPTO") for federal trademark registration of their commercial mark(s), provided that certain parameters set forth therein are satisfied. The general rule is that a distinguishable mark on commercial goods and services can be trademarked unless the mark falls within one of five specified categories of marks as defined in 15 U.S.C. § 1052(a)-(e)

One of those 5 excluding categories specifically 1052(b) which states “a mark that consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof” cannot be trademarked.

Tina Renna is /was a journalist in Union County, New Jersey, just south of Newark. She writes for The County Watchers blog and she also hosted a public access television program called Union County Citizen’s Forum, which seeks “to shine a critical light on the workings of the Union County Board of Chosen Freeholders.” The backdrop for her show consistent with its stated purpose, features a spotlight shining onto the Union County Seal. The seal, which is one of the most interesting municipal insignia in the country, as it depicts the 1780 murder of Hannah Caldwell, the wife of “rebel pastor” James Caldwell, at the hands of British soldiers during the Battle of Connecticut Farms.

In 2010, Union County officials decided to put a stop to Renna’s use of the seal for a program not officially affiliated with — and critical of — the municipality. Union County filed an application to register its seal with the USPTO, and then sent a cease-and-desist letter to Renna. Even after the trademark application was REJECTED by the USPTO, the County continued to send cease and desist correspondence to Renna, insisting that the seal enjoyed federal protection.  In 2011, with the parties at an impasse, Renna filed a declaratory judgment action in the District of New Jersey.

In that court case, Judge Kevin McNulty issued his opinion on Renna’s motion for summary judgment on May 29, 2014.  Not surprisingly, Judge McNulty followed the Federal Circuit as to the interpretation of 15 U.S.C. § 1052(b) and held that Renna could not be liable for infringement of a registered mark under Section 32 of the Lanham Act, because the mark in question could not be registered.

However, Judge McNulty also declared that Renna likewise could not be liable even for infringement of an unregistered mark under Section 43(a) of the Lanham Act.  Without reference to the Federal Circuit’s dicta, Judge McNulty held that, even though registration is not a prerequisite for a Section 43(a) action, the unregistered mark in question still has to be a valid and enforceable one.  “As to that issue,” the Judge continued, “I think there is a difference between a mark that happens to be unregistered, and one that cannot be registered as a matter of law.” Judge McNulty held that the former is actionable under Section 43(a), but the latter is not.

SO WHO'S RIGHT?

There is an obvious conflict between the Federal Circuit’s dicta and Judge McNulty’s ruling.  A municipality seeking to protect itself against “pirates and cheats” could argue that Judge McNulty’s opinion is an example of bad facts making bad law. As Judge McNulty recounted, Union County officials were trying to use trademark law and unauthorized use of its seal to “stifle” the First Amendment rights of citizens and, in service of that impermissible objective, made multiple “misleading” statements of fact and law in its cease-and-desist letters. Additionally, Judge McNulty was careful to point out that, even if the seal had been protectable as a trademark, Renna did not infringe it because her use was for expressive political speech and not a use in any for profit business, commerce, or marketing of any product.

IN CONCLUSION

The repeated argument and LIES consistently brought up by at Village Board Meetings by Ringleader Trustee Debbie Williams, now joined by her DAUGHTER, Director of the Nancy L. McConathy Library Rosie Williams-Baig, who STILL lacks the prerequisite MASTER’S DEGREE for running the Village’s only Library can finally be put to rest. This Facebook page does NOT use the actual Official Village of Sauk Village logo! Even if it DID use the official Village logo, this page NEVER HAS and NEVER WILL conduct any commerce or the sale of goods and services for any monetary gain, with or without a Village Logo attached to it.

Yea...we do ALL THIS...FOR FREE!

Furthermore, and in spite of the Lanham Act which prohibits copyrighting “a mark that consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof”, this is yet ANOTHER ATTEMPT by Ringleader Trustee Debbie Williams to stifle unpopular opinions of her, and apparently now, the NANCY L. McCONATHY PUBLIC LIBRARY, or the decisions and policy making of the Fanatical 5 Trustees or the Library Board.

Make no mistake residents of Sauk Village. What was it they said they were gonna do once they were elected? SUE THE MAYOR AND TAXPAYERS? That stunt cost taxpayers AT LEAST $34,000 DOLLARS in Court, so the Fanatical 5 Trustees could hire their "Ringer" for Village Administrator, only to turn around and FIRE HIM 10 MONTHS LATER for not firing people they wanted out of the Front Office.

In their FIRST YEAR IN OFFICE, Ringleader Trustee Debbie Williams, Trustee Gary Bell, Trustee Sherry Jasinski, and the coalition of Fanatical 5 Trustees joined by Trustee Berenice Brewer, and Linda Todd spent over $228,000 in LEGAL FEES with JUST ONE LAW FIRM! Yet NOW, they struggle to find money to replace FIRE HYDRANTS!

Is anyone paying attention? Maybe sitting at home and not voting wasn't such a good idea after all...OH, and by the way...Trustees Todd, Brewer, and Grant are all up for re-election April 6, 2021. Are you gonna sit this one out too Voters of Sauk Village?

 

 

 

Sauk Village Public Works Director Kevin Weller fails to notify Mayor, Village Administrator, or Village Clerk of water outage and slacks off culture testing of Sauk Village water to all water customers west of IL-394 until 7 DAYS after issue.

By: Joachim Mahomes.

On September 29, 2020 residents of Deer Creek experienced a lengthy interruption in water service, and lost all water pressure for several hours. This was later announced at the Village Board Meeting on October 14, 2020 that a new section of Water Main running under IL-394 expressway that serves all connected residents to the Municipal water supply west of IL-394 was placed into service. This resulted in a complete loss of water pressure for several hours while the new section of water main was provisioned.

In cases where water pressure drops below  20 PSI in any portion of a drinking water distribution system, or whenever a section of the water system is changed out or opened for extended periods of time, the Village Public Works department is MANDATED BY THE ILLINOIS EPA to issue a BOIL ORDER for all affected customers, NOTIFY those customers paying careful attention to Restaurants, Medical Centers and Facilities, and Nursing Homes, and submit water samples for cultural testing to a Licensed, Registered Laboratory to ensure no health hazards pose a risk to residents health and ensures safe consumption and use from any bacteriological or species parasites from entering  the public water supply while main pressure was interrupted below 20 PSI.

It wasn't until OCTOBER 6, 2020 - 7 DAYS LATER that the Public Works Department Director Kevin Weller initiated an ILEPA required BOIL ORDER, when the Sauk Village Illinois Facebook Page (NOT an official Facebook page of the Village, and NOT OPERATED by the Village) pointed this out to residents in a post dated October 2, 2020 , that action was taken by Sauk Village Public Works Department. The post referred residents affected by the water interruption to the Illinois EPA hotline to submit complaints. A Subsequent interruption in service was experienced by residents on October 3rd for some residents in sections East of IL-394, and the details of that interruption was never disclosed by Public Works.

On OCTOBER 7, 2020 - 8 DAYS AFTER THE INITIAL WATER PRESSURE LOSS the Boil Order was LIFTED, citing Laboratory testing was conducted and completed, and showed no signs of Coliform Bacteria in the samples taken from 3 sites.

The Village of Sauk Village has an OFFICIAL WEBSITE, an OFFICIAL FACEBOOK PAGE, and also pays an annual service fee for CODE RED - REVERSE 911 NOTIFICATION to notify residents in a specific area of town to emergencies, BOIL ORDERS, or other important information that is important for residents to be made aware of in a specific area, or Village Wide. It is unknown who is responsible for sending out these notifications using these methods of communication the Village has at its disposal. What IS NOT KNOW is how Public Works Director Kevin Weller notified the Mayor, Village Administrator, Village Clerk, or Trustees that this event was scheduled to take place, or that it had been completed, since these days it seems as if Public Works Director Kevin Weller doesn't answer to ANYBODY in Village Hall.

INFORMATION SOUGHT THROUGH FOIA REQUEST

Knowing the history of issues with the Water in Sauk Village, a FOIA request was submitted asking for the results of the Laboratory testing, as well as copies of any documents, emails, or other written forms of notification or communication that were made to any Administrative contacts in Village Hall by Public Works Director Kevin Weller, in respect to the opening and interruption to a major portion of the Water Distribution System. According to the response in the FOIA request, "Per Mr. Weller, there were no emails or correspondence". Public Works Director Kevin Weller's $87,000 a year salary, and brand new take home vehicle and the fuel used in it is paid for by taxpaying residents in Sauk Village, yet somehow doesn't seem to be held accountable for the lacking services in Sauk Village. But in this instance, this could have had an entirely different turn-out of making residents sick, had the Water Distribution System become contaminated, and residents weren't notified until 7 DAYS LATER they were consuming, bathing in, and cooking with tainted drinking water.

Original Email request for records related to the No Notification

Actual Laboratory Test Results

Now it has become the focus of Ringleader Trustee Debbie Williams of the Fanatical 5 Trustees to call out the UN-OFFICIAL Sauk Village Illinois Facebook Page for making the Fanatical 5 Trustees the focus of mismanagement and miscues in Sauk Village since they took their Trustee seats in 2019, and often find themselves at the chagrin of that UN-OFFICIAL FACEBOOK PAGE, but when there is IRREFUTABLE DOCUMENTATION to show just how the Fanatical 5 Trustees and their 2nd attempt at a Village Administrator hire current Part-Time Village Administrator Jerry Hurckes whom makes $45,000 a year for about 25 hours of work per week do not work for residents. The fact remains that by Public Works Director Kevin Weller OWN RESPONSE in the FOIA request, that he made NO EMAIL, and NO CORRESPONDENCE WITH VILLAGE HALL ADMINISTRATORS OR OFFICIALS WITH REGARDS TO THIS MATTER. There may have been a PHONE CALL, however this never resulted in proper ILEPA REQUIRED notification going out to residents until 7 DAYS AFTER THE FACT!

RESIDENTS - Don't you think you deserve BETTER? Do you think it is fair, that the Fanatical 5 Trustees, AND their Village Administrator do NOTHING to reprimand, or hold Public Works Director Kevin Weller accountable for placing the health of residents affected by this water interruption in potentially harmful bacteria in the water supply? Since the hiring of the 25 hours a week PART TIME JERRY HURCKES, the Fanatical 5 Trustees 2nd hired Village Administrator in less than 1 year, would hold Weller accountable for this and other shortfalls in Public Works Department performance and ability to complete work properly and in accordance with Illinois EPA guidelines so as to NOT place residents' health in jeopardy?

Residents should be MAD AS HELL! And don't ask Public Services Committee Chair Trustee Bernice Brewer. In the 3 YEARS she has held that Committee, she has YET TO CONVENE A SINGLE COMMITTEE MEETING for that vital area of Village Public Services to residents. She's too worried  about trying to "Watch the Money" when she clearly has NO CLUE of how Village Finances actually works.

MAYOR BURGESS ANNOUNCES RE-ELECTION BID

CALLS FOR RESIDENTS TO ALSO ELECT A VILLAGE BOARD COMMITTED TO HIS STRATEGIC PLAN FOR PROGRESS

 

SAUK VILLAGE | Mayor Derrick Burgess announced his bid for re-election with a crowd who were socially distanced at the American Family Restaurant this afternoon.  The crowd of about 50 supporters heard from long-time resident Mary Thompson, School Board President Tammy Jones, former Village Trustee Francine Anderson, two candidates for Village Trustee Larry Sapp and Arnold Coleman, Village Trustee Rodrick Grant, Erika Burgess the Mayor’s daughter and his wife Juanita Burgess.   First Lady Juanita Burgess told the story of Derrick as a husband, father and the man who is passionate about Sauk Village.  Mayor Burgess spoke after Trustee candidates got up and pledged their support for Burgess and his Strategic Plan for Progress.

 

Burgess delivered his announcement speech on Facebook Live to allow residents and supporters to join in as the crowd was limited to allow for social distancing due to COVID-19. 

 

Burgess listed off a litany of problems that he faced and took on when he took over as Mayor in 2017.  “We rolled up our sleeves, we assembled a team that worked hard to begin addressing these issues and we will continue to take on those challenges we face” Burgess said.

 

Burgess then laid out numerous accomplishments he and the Trustees who supported his agenda from 2017 to 2019 and lamented the 2019 election results.  “In 2019, only 4.5% of the voters made the decision for 90% of the residents.  Frankly, the 90% made a very bad decision by not voting.  President Obama said ‘elections have consequences’   You know what,  He’s right!  The 2019 election had profound consequences on the progress we made as a Village and now I need the residents of Sauk Village to unite, come together, and give us a New Day in 2021,” Burgess said.  Burgess asked his supporters to vote for Trustees who support his Strategic Plan for Progress and who want to move Sauk Village forward. 

 

Burgess spoke about his plans for the Village’s future including repairing broken fire hydrants, repairing roads, seeking out grant money, fixing broken street lights and cutting down dead trees throughout the Village.  “No more excuses, this will be done, Burgess said.  Burgess said that he and his team showed you the progress that he and a Village Board that is willing to work with the Mayor can do from 2017 to 2019, but coming off the 2019 election the progress stopped because of politics again.  “Do you want a Village Government who can work together, take care of the serious business of the Village for the residents without putting on childish temper tantrum shows every Tuesday evening?” Burgess said.

 

Burgess said he needs a village board who is less focused on political nonsense and more focused on progress.  Burgess believes that Trustee Rodrick Grant deserves and has earned another term, and he needs help on the Village Board including Arnold Coleman and Larry Sapp.  Burgess and each of the Trustee candidates are running as independent candidates but are truly united in their cause to getting Sauk Village back on track and back on the Pathway to Progress.

 

“I’m counting on you Sauk Village to help us continue moving Sauk Village forward to a New Day,” Burgess said.