2nd Open Letter to Representative Randy Fischer ( D) Colorado:
TO: Colorado Representative Randy Fischer
RE:SB 09-175 Amendment L001 (Colorado Respects Wildlife License Plates)
On February 11, 2009 you made a call to me, and asked me how I felt about sharing our license plates with the your pet raptor group. I gave you my answer in no uncertain terms on that date. Simply put, I said NO.
However, when Representative Dianne Primavera asked you during your committee deliberations on this amendment, whether anyone had asked the Raptor Education Foundation (REF) about the matter, you were less than forthright about what I had told you when you called. You said that you didnt get a warm reception to your proposal. What you did not tell the committee was that I clearly told you that REF owned the federal copyrights to the design; REF owned the Colorado trademarks, and that REF had a contract with the state which stipulated that only REF members could be eligible to display our Colorado Respects Wildlife license plates. Furthermore, I told you that our contract had been made an order of the court because of previous litigation.
You, however, were above anything like the rule of law or our constitutional contract rights. You hid behind a fatuous assessment you enlisted from a savant within the Legislative Legal Services group. This fellow mirrored your intellectual grasp of the issues and sent us his one page missive full of very impressive, but mendacious legal mumbo jumbo.
Your communications on this matter were misleading and deceptive because of deliberate omissions. Once the rest of the committee passed your amendment, you made them all complicit in the violation of our constitutional rights. Furthermore, once this legislative move was enabled by your deception, and your pet raptor group began selling our license plates to their recruits, they infringed on our copyrighted and trademarked design.
Your lies of omission, and your deceptions resulted in court proceedings to prevent the ongoing violations of our constitutional rights. We began to incur thousands of dollars in legal fees to defend ourselves against your desire to benefit your raptor group by stealing our honest creativity and hard work.
Our attorneys filed against your group in Federal court to halt the trademark and copyright infringements. We settled amicably with the result that your group gave up any claims at all to our creativity and hard work. They would not benefit from your chicanery. We also had to file against the Colorado Department of Motor Vehicles, because your greedy grab provided them the cover to breach our license plate contract once again. That’s right, once again. Don’t your remember I told you about the prior litigation. I’m sure you are trying to forget.
By not communicating to Representative Primavera honestly and accurately, what I had conveyed very directly and clearly to you, you damaged our program on many fronts. You have injured our organization and our mission. Dollars normally spent to care for our 30 eagles, hawks, falcons and owls have been diverted to make sure we get excellent legal support to halt your legislative theft of our work, of our property.
Did you think your position of power, privilege, and public trust would allow you to initiate this theft with impunity? We are a country of laws not men. And had you any capacity left for manhood, you would have apologized and corrected your blunder early in this debacle. Now your incompetence has led to the State of Colorado being ruled in contempt for their violations of a permanent injunction. You deserve the contempt, and again, had you any manhood left, you would pay the damages.
Have you no shame? Have you any ethics or integrity? We have been patiently waiting for your to correct your bad amendment, but the Attorney General’s office reports that you are not about to acknowledge your blunder by repealing your previous legislation which has led us to this point. You have been dodging the Attorney General’s office for 6 months and now we have no other recourse. As an elected official of the state of Colorado, you have a sworn duty to the citizens of this state to uphold the constitution. Your behavior over the last year has been both dishonest and reprehensible. You should be ashamed, but your arrogance knows no bounds.
Yours is the classic behavior of a coward.
Your failure to correct your deceitful actions back then forced us to take aggressive legal actions against your “pet” raptor group in Federal court. You need to understand the consequences of your actions. I also think your committee members along with the entire legislative body, the press, and the public should hear the truth about your actions from the gentleman who didnt give you a warm reception.
Sincerely,
Peter Reshetniak
Director
Raptor Education Foundation
303-680-8500
Design & slogan copyrighted & trademarked by Raptor Education Foundation.
RANDY FISCHER
Colorado State Representative,
District 53 (Larimer County)
Please help us continue our legal fight to protect our birds and our environmental education programs. We need your help. Contributions may be sent to REF, PO Box 200400, Denver, Colorado 80220. Please mark your contribution: Legal Defense and payable to Raptor Education Foundation.
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Our Legal Eagles are Fairfield & Woods, one of Colorado’s oldest firms. They have successfully defended our bird’s rights and property for years. They are very generous with their time and expertise,
however, nobody should be expected to work for free.
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One of our first responses to our first Open Letter (05/26/10)
“Sir,
thanks for your letter about Rep. Fischer. I don’t pretend to know all the details of what he did or didn’t do, but personally, I wouldn’t trust him with anything!!!!!!
I’ve now been in the legislature for 6 years, and he’s got to be the biggest WEASEL, I’ve ever met. I truly don’t know anyone on our side of the aisle, that likes him or trusts him.
Good luck in your endeavors.”
Corporate Counsel: Fairfield & Woods
ISP: ecentral.
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Last revised January 07, 2013