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The Editor on the National LULAC v. Domingo Garcia Lawsuit

The Editor on the National LULAC v. Domingo Garcia Lawsuit

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Published by: Editor on Apr 02, 2013
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05/25/2013

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The Editor: LULAC has filed a lawsuit against Domingo Garciaasking the district court in Dallas, Texas to enter a declaratory judgment that Domingo Garcia is not qualified to be a candidatefor the office of President of the organization. National LULACalleges in its petition to the court that while Domingo Garcia is alife-term member of LULAC, he has failed to a member in goodstanding of a local council in 2009 and 2012.Luis Vera, the attorney signed on to this case by NationalLULAC, was bragging in San Antonio that at the time of theLULAC National Convention in Las Vegas this year, that hewould rule on Domingo Garcia's qualifications to be a candidatefor national office as legal counsel for National LULAC and thathis ruling would need a 2/3 vote of the National LULACAssembly to overturn his ruling. This blog ran a story about thisVera gossip a few weeks ago. When word got out to DomingoGarcia's friends in LULAC what Vera was going to do, their response was that Domingo Garcia would have the 2/3's voteneeded to over-ride a ruling by Luis Vera.Running scared, the National LULAC Board, decided to take thematter to court for a declaratory judgment against DomingoGarcia.Margaret Moran and her national LULAC machine are out of money and out of votes from island Puerto Rico. The onlysource of any significant money which used to come from theformer Governor of Puerto Rico, Luis Fortuno, is nowhere to befound, the Fortuno and his entire PNP political party were votedout of office in Puerto Rico's state and local elections this past November 2012. They were beaten by a pro-commonwealth,anti-statehood, pro-status political party, the PDP, los "Pepes."
 
Walter Martinez was seen as the last source of significant moneyto finance a national campaign for Margaret Moran and her cronies. Law enforcement has its eyes on Walter Martinez'dealing with Margaret Moran and National LULAC. Gettingmoney from Walter Martinez to Margaret is almost impossible.There are too many tracks, "huellas," when you are trying tomove that much money around. Checks leave a trail. Cashmoney can get moved around, like in the cartels, laundering of funds, but that gets you into criminal territory in a heart beat.The lawsuit would be bad for any LULAC'er. If the NationalLULAC Board can get a court to disqualify a candidate for not being in good standing for three years prior to filing, they canget a court to disqualify you for any other reason in the list of qualifications to run for office. Subsection c. of Section 4 woulddisqualify any candidate running for LULAC National office if your incumbent opponent wants to have you disqualified for lacking "good moral character" to be a candidate to run for office.When Francisco Madero ran for office against the Dictator Porfirio Diaz, Diaz had Madero put in jail while the election for President of Mexico proceeded.What Margaret Moran is doing is the act of a petty dictator.That the National LULAC Board supports this brutal attack onthe voting rights of LULAC'ers puts them in the same mold.
 
The court should rule that the issue before the court is mute,void, on the facts that an election has not taken place yet.Judicially, the cause of action lacks for ripeness. The NationalExecutive Board of National LULAC should communicate to allof its LULAC members that based on the information at hand
 
that Domingo Garcia is not qualified to be a candidate for  National office because he has failed to be a member in goodstanding in a local LULAC council in 2009 and 2012, thatDomingo Garcia can challenge the ruling at the NationalConvention in Las Vegas before the LULAC NationalAssembly, just like Luis Vera said a few weeks ago.Subsection b. of Section 5 provides for candidate for Nationaloffice to be nominated from the floor, provided that they theendorsement of the whole delegation of five councils. InLULAC, you can announce timely and get a court injunction tokeep you from running or you can wait your time, announcefrom the floor, be endorsed by five full delegated councils on thefloor and never have a court injunction to bar you from being acandidate.Why should a Democrat Judge Emily G. Tobolowsky of the298th District Court of Dallas County who barely won by 53%of the vote in Dallas County want to rule on an issue that themembers of LULAC can deal with at their National Conventionin Las Vegas in a few months, by the the time the Judge rules, itcould be a matter of a few days before the elections in Vegas.
 
The case should be tossed out because it lacks ripeness.If the Editor recalls in the lawsuit between Jaime Martinez andHector Carrillo against LULAC, Luis Vera used similar arguments to have the San Antonio court throw out the case onthe grounds of ripeness. According to Luis Vera, decisionmaking in LULAC for its members is to the National Board withappeal to the General Assembly of LULAC at its next LULACConvention or at a special called meeting of the National

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