Friday, October 23, 2020

Rich Penkoski Goes to Court to Press His Daughter's 'Right' to be Odious

“… the confused daughter of a preacher without a church has enlisted two mediocre lawyers to press her ‘right’ to be loathsome.”
Rich Penkoski
Street preacher, Rich Penkoski, continues not to play well with others. He seems to have victimized his own daughter.
via Instinct Magazine
Hate Group Leader Rich Penkoski (Warriors for Christ) is seeking justice for his daughter, Brielle Penkoski. Brielle wore a shirt to school with the message “Homosexuality is a Sin.” The principal of the school, in Overton County, Tennessee, required her to change.

According to “Rev.” Rich, Brielle intends to wear that and other apparel containing offensive messages in the future. Therefore, they have gone to the United States District Court for the Middle District of Tennessee to secure Brielle's First Amendment rights to be obnoxious.

The case is captioned P. v. Overton County Board of Education. Brielle is referred to as B.A.P..

What we have at this time is a complaint filed on October 16. The purported facts are those stated by either Rich Penkoski or Brielle Penkoski. That in itself is problematic. Rich Penkoski has perjured himself numerous times in federal courts.

Furthermore one of Penkoski's daughter's, either Brielle or Ariana, seems to have embellished some facts in a prior incident when the loving family resided in West Virginia. In that kerfuffle, Penkoski pitched a fit when one of his daughters came home from school with information about Islam. God forbid!

The criticism from neighbors over Penkoski's behavior seems to have caused the family to move to Tennessee.
Idiots creating idiots
Aside from the legal issues, what would possess a kid to wear a shirt with a message that some of her classmates — straight and gay — will find offensive? What did she hope to accomplish other than pissing people off?

Does Brielle somehow believe that her message will have the effect of changing anyone's sexual orientation? Or, perhaps, is she content to simply encourage bigotry? Does she get off on provoking anger?

I would like to know what this kid thinks she knows about sexual orientation and gender identity. Presumably her views do not conform to the science.

Brielle Penkoski might require the intervention of Child Protective Services. I have better things to do but I am reminded that drag kid, Desmond is Amazing, sparked literally hundreds of complaints to CPS in Brooklyn, NY by Christians who simply did not approve. (The family was repeatedly cleared of all charges.)

My view is that Brielle's parents have taught her to hate. In the upside down world of conservative Christendom she might actually believe that she is shaming other kids out of love. Furthermore, why allow a child to become a self-manufactured target for ridicule?

I have speculated in the past that these folks thrive on denigration. The ridicule becomes a measure of their potency. They perceive that the contempt of others is a form of validation. Think Westboro Baptist Church

Furthermore, using the most benign analysis this is still a negative endeavor. Nothing positive can come from insulting and alienating others. The ethnic cleansing of Native Americans confirms that actions perceived to be religious duties are not always beneficial.

Not only is Brielle Penkoski losing out on just being a kid, her parents are setting her up for an unproductive and unsatisfying life as an adult. These folks are always angry at perceived enemies and they aren't exactly designing the next Starship Enterprise.

Penkoski is represented by two Florida lawyers who are associated with American Liberties Institute in Orlando. ALI had revenues in 2018 of $51,295. The lead counsel is Frederick H. Nelson, a solo practitioner whose law degree is via Stetson College of Law in Gulfport, FL. (It is actually a good law school in a very serene setting.)

Nelson's co-counsel, David J. Markese, is a graduate of Harvard Law. Don't get too carried away with the Harvard law degree. Mr. Markese seems to have languished as an associate at a 300-lawyer firm, Shutts & Bowen, for over 20 years. He is no longer with the firm and was apparently not on a partnership track despite his impressive legal education.

In the past, Mr. Nelson and Mr. Markese have represented Pride Festival protesters (talk about unproductive behavior) who sued municipalities for supposedly abridging their Religious Freedom™ and freedom of speech.

In 2017 they lost McGlone v. Metropolitan Government of Nashville and Davidson County in summary judgment. In June of 2020, another case, Bishop v. Athens-Clarke County Georgia was dismissed. It looks like an agreement to dismiss to avoid having to pay the county's legal expenses.

The bottom line is that the confused daughter of a preacher without a church has enlisted two mediocre lawyers to press her “right” to be loathsome. We all pay the costs for this nasty judicial activity. Even if we were to conclude that her First Amendment rights were violated we are still left with the basic question:
What was the point of the underlying conduct?
I have created an alert on the docket. Should something interesting arise, I will let you know.

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