Houston Issues 'Cease-And-Desist' To Uber To Stop Houston Residents From Communicating With Their Government

from the your-government-at-work dept

Fri, Feb 28th 2014 6:34pm — Mike Masnick

We've covered for a while now how Uber -- the mobile phone-enabled car/taxi ordering service -- has run up against a bunch of obsolete laws in various cities, often leading to bizarre rebuttals from municipal officials. Uber quickly realized that each ridiculous response from a city government was something of a marketing opportunity to introduce itself to new cities. You would think, by now, city officials would learn that the proper thing to do is figure out how to work with Uber to provide better transportation for their citizenry, rather than immediately bowing to demands from taxi/limo companies who fear potential competition.

However, the response from Houston may be the most bizarre of all. Uber had set up a petition for Houston residents, emailing city officials of their support for allowing Uber in that city. In response to this, the city of Houston issued a cease-and-desist, effectively telling Uber to stop asking Houston residents to contact their own elected government about this issues any more.

From: Feldman, David M. – LGL Sent: Wednesday, February 26, 2014 8:46 AM
To: Miller, Robert
Subject: Uber Cease and Desist

Robert – Please consider this as a formal demand that your client, Uber, cease and desist from transmitting or aiding in the transmission of form e-mails to City officials regarding the adoption of an ordinance to accommodate their enterprise. Despite my informal request to you by telephone on Monday, the excessive number of e-mails has gone unabated, to the point that it has become harassing in nature and arguably unlawful. Failure to cease and desist will be met with appropriate action by the City.

David M. Feldman
City Attorney
City of Houston

It's ridiculous for Feldman to argue that citizens contacting their own elected officials is a form of harassment and somehow illegal. And, of course, the end result of this is that it just drives that much more attention to the issue (and probably even more emails).

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Filed Under: houston, petition, taxi
Companies: uber

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That One Guy (profile), 28 Feb 2014 @ 6:56pm

Silence peasants!
The nobility has no time or care for your concerns, they are busy with more important matters.

(I'd add a sarc mark here, but I can't help but think this is exactly the reasoning behind such a demand, even if they'd never have the guts to say it so openly)
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- Anonymous Coward, 28 Feb 2014 @ 7:05pm
  
  Re: Silence peasants!
  You mean like worrying about their campaign contributions and revolving door favors.
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- PocketCab, 28 Mar 2014 @ 8:14am
  
  Re: Silence peasants!
  Please see attached Press Release. If you are not able to view attachment I have include the content below.
  
  For Immediate Release
  
  Houston (March 27, 2014)
  
  Sugar Land based taxi and limo startup founder to acquire mobile app technology company PocketCab, Inc.
  
  Today, Edmund D Samora, LLC operator of Sugar Land Taxi, First Colony Taxi, Rose Rich Taxi, Cinco Ranch Taxi and 713-TOWN-CAR has executed a Letter of Intent to acquire PocketCab, Inc.
  
  PocketCab, Inc is an Indianapolis based technology company that makes mobile applications connecting passengers with drivers of vehicles for hire that is similar to that of Uber. These applications allow you to request a cab on a smartphone, watch the cab in real time as it approaches you and make secure credit card payments through your own phone with a receipt being emailed to you.
  
  In May of 2010, with no prior experience, Edmund entered the taxi industry with one car in Rosenberg, Texas. Edmunds intentions were to service his community. Within two months Edmund grew to three cars. By May of 2011, Edmund expanded into Sugar Land, Texas; the second largest market in the Houston region. In September of 2012, he entered the Limousine and Town Car industry in Houston, Texas.
  
  "I love my community. I love the response from the community regarding the level of service we provide. I love providing solutions and efficiencies. This industry needs efficiency and I feel in this fast growing world these technologies are the solution" says Edmund.
  
  After one and a half years of development, PocketCab launched its Mobile App in April of 2013 in Indianapolis, Indiana. Due to recent changes within PocketCab and within the market, PocketCab has been searching for a company to continue with what was started. �It is gratifying to find someone like Edmund that recognizes where the industry is going and can take our system and move it forward�, says Todd Cutler, President and Developer of PocketCab. Edmund D. Samora, LLC is currently conducting due diligence and expecting to finalize the acquisition on or before May 9, 2014.
  
  �PocketCab is currently available to be downloaded on iPhone and Android but we do not have the date that we will launch in Houston. The application needs some updates to comply with the strict standards the City of Houston requires regarding these technologies. Everyone knows Uber is trying to launch in Houston and they have a lot of issues to be resolved before they can legally launch. The City of Houston's position is that these types of technologies are a "public safety issue". We agree and our intentions are to get this application right before we launch in Houston" Edmund said.
  
  More information can be found about PocketCab and Edmund D Samora LLC at
  www.pocketcabapp.com, www.firstcolonytaxi.com, www.sugarlandtexastaxi.com ,
  www.713towncar.com.
  
  Media inquiries or questions can be directed to Edmund@713TownCar.com.
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Alana (profile), 28 Feb 2014 @ 7:01pm

This is a not-so-Uber response.
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Anonymous Coward, 28 Feb 2014 @ 7:06pm

You may contact them here

http://governor.state.tx.us/contact/
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- Anonymous Coward, 28 Feb 2014 @ 8:43pm
  
  Re:
  That's for the Texas Governor's office. The state government is not involved here. The cease and desist demand is coming from the City of Houston.
  
  People should go here instead: http://www.houstontx.gov/contactus/
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- ShivaFang (profile), 1 Mar 2014 @ 2:18am
  
  Re:
  Thanks for that, I am immediately moved to email them to tell them that urging people to contact their representatives is a staple of democracy and by trying to gag that with a cease and desist is completely undemocratic.
  
  The fact is, the issue makes me (living in Canada, not even in the same country - let alone the same municipality) want to write in.
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- Anonymous Coward, 1 Mar 2014 @ 5:56am
  
  Re:
  No that is the state. Here is the city council page:
  
  http://www.houstontx.gov/contactus/index.html
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- Phil Smith, 2 Mar 2014 @ 11:46am
  
  Hey, caca por sesos
  The governor has nothing to do with this. Try the mayor instead.
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- Thatch, 2 Mar 2014 @ 12:26pm
  
  Re:
  That is to the governor's office which is not the source of the problem. We need an e-mail for the public menace that is Donald Feldman.
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zip, 28 Feb 2014 @ 7:12pm

Uber is going about it the wrong way. Instead of taking their fight directly to the people, they should have stuck to wining and dining government officials, creating PACs to funnel money into their re-election bank accounts, and other tried-and-true ways of influencing government.

Isn't that how the game is supposed to be played?
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- Anonymous Coward, 28 Feb 2014 @ 7:17pm
  
  Response to: zip on Feb 28th, 2014 @ 7:12pm
  That was along the lines of my thoughts. Throw enough money at them like every other lobbyist does and they would be more than happy to receive your email.
  [ link to this | view in chronology ]
  - Anonymous Coward, 1 Mar 2014 @ 12:04pm
    
    Re: Response to: zip on Feb 28th, 2014 @ 7:12pm
    Ah... but this way, they get a bunch of free publicity, and are forever branded as the "people's choice" for public transportation. I'm just surprised that nobody's successfully run this sort of campaign before, as it actually has the ability to 1) affect national transit policy and 2) galvanize public opinion, with any lawyer fees being cheaper than the equivalent publicity campaign. Plus, anything they do damages all the people dependent on lobbying, which doesn't include them, but includes just about everyone else. About the only way they could lose on this one is if they get hit with shotgun suits and an unsympathetic court.
    [ link to this | view in chronology ]
- anon, 1 Mar 2014 @ 2:49am
  
  Re:
  The only mistake you made is calling it influencing...it is clear bribery...legal and bragged about by many but it is bribery...whenever someone pays for some law to pass that is Barbary in every sense of the word..they can say it is lobbying or any other words they like to use, but it all boils down to paying politicians to pass laws in their favor which is bribery plain and simple.And routing most of the money through their political party does not change it from being bribery, it is just that others want their cut or they will stop it from happening, and maybe just maybe they will come out and actually fight the law that someone has paid to pass.
  [ link to this | view in chronology ]
  - MSO, 2 Mar 2014 @ 5:37pm
    
    Re: Re:
    These are normal transactions; The politicians have access for sale and the purchasers are merely responding to the advertising.
    
    Never criminalize the purchase; rather, it is the seller that is criminal.
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    - Niall (profile), 3 Mar 2014 @ 1:53am
      
      Re: Re: Re:
      That's right - we can't have those honest judges and representatives of the people hauled up for visiting a prostitute or drug dealer, can we?
      /s
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Mr Big Content, 28 Feb 2014 @ 7:22pm

You Cant Have Politicians Being Continually Pestered By Random So-Called Voters
How are representatives supposed to do there job if their continually being bothered by people? Thats not how a so-called "democracy" is supposed to work.
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Anonymous Coward, 28 Feb 2014 @ 7:30pm

Uber was the one sending the emails, not the citizens. Instead of filling out some half baked online "petition" just email them yourself.
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- Anonymous Coward, 5 Mar 2014 @ 1:55pm
  
  Re:
  That the citizens directed them to send, by way of a form letter.
  
  Its the same way the SOPA protests worked.
  
  Lovely spin cycle, don't get dizzy.
  [ link to this | view in chronology ]
Anonymous Coward, 28 Feb 2014 @ 7:32pm

"the whole point of SOPA/PIPA was to pit two "rich" industries -- tech and Hollywood -- against each other to make donations rain from the sky."

https://www.techdirt.com/articles/20140227/17473026386/mpaa-shifts-its-funding-efforts-to-repub licans-after-sopa-defeat.shtml#comments

This is actually very interesting. It puts a lot of things into perspective. Take, for example

"UPDATED: Google Files Emergency Motion To Stop Censorship Ruling Over 'Innocence Of Muslims', Is Denied"

https://www.techdirt.com/articles/20140228/11312926391/updated-google-files-emergency-motion- to-stop-censorship-ruling-over-innocence-muslims-is-denied.shtml

The traditional way of getting what you want is law buying. What Google and Uber did here is contrary to that tradition. You want laws, get the passed like everyone else. Buy them. Provide politicians with campaign contributions and revolving door favors. Don't circumvent this process by turning to the public to get them passed because they have no say in the democratic process. and that's why the courts, the white house, the Congress, state governments, local governments, etc... frown at any attempts to get laws passed that run contrary to the tradition of buying them like everyone else.
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- Anonymous Coward, 28 Feb 2014 @ 7:32pm
  
  Re:
  get them passed like everyone else *
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Applesauce, 28 Feb 2014 @ 7:53pm

All you need to know about Texas
Tex. penal code � 43.23(g) which exempts Texas lawmakers from the state's five-device-limit on sex-toys.

- Refer to The Emergency Sasquatch Ordinance by Kevin Underhill
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- Anonymous, 2 Mar 2014 @ 4:28pm
  
  Re: All you need to know about Texas
  Penal...huh-huh-huh!
  [ link to this | view in chronology ]
- Niall (profile), 3 Mar 2014 @ 1:54am
  
  Re: All you need to know about Texas
  Does that mean we could use an unlimited number of ball gags on Perry and Cruz? :)
  [ link to this | view in chronology ]
Lurker Keith, 28 Feb 2014 @ 8:00pm

1st Amendment
Doesn't the 1st Amendment to the Constitution of the United States of America say something about the right for the People to Petition their Government?

Wouldn't that make this Cease & Desist order Unconstitutional? I think Uber can sue Houston now.
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- allengarvin (profile), 28 Feb 2014 @ 8:40pm
  
  Re: 1st Amendment
  The first amendment as well as the Texas constitution.
  
  It's not an official cease & desist yet though. The city attorney just used those words in an email. Uber might be able to go to court and get an injunction against such, but it's probably far better to wait and let the city make a bigger fool of itself.
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  - Lurker Keith, 28 Feb 2014 @ 9:38pm
    
    Re: Re: 1st Amendment
    The City Attorney saying "please consider this as a formal demand" regarding a Cease & Desist notice implies it should be treated as an official notice.
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    - Anonymous Coward, 28 Feb 2014 @ 9:49pm
      
      Re: Re: Re: 1st Amendment
      Yep. It's an "official" cease and desist letter. What it isn't is anything enforceable - you can send one yourself to someone if you feel like it. It's mostly so that if it goes to court eventually, the city can prove that they told Uber to stop.
      
      But according to Uber's blog linked in the article, their response is "We Won�t Cease or Desist". And good for them.
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      - btrussell (profile), 2 Mar 2014 @ 8:53am
        
        Re: Re: Re: Re: 1st Amendment
        Yes and you can also add at the end that no one else is allowed to read said e-mail, but that doesn't mean shit either(they generally send these out as a reply to all).
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  - Jeff, 4 Mar 2014 @ 10:09am
    
    Re: Re: 1st Amendment
    @allengarvin: That shouldn't take long at all. I'm actually rather surprised they haven't done so already.
    
    (My folks are proud Texas refugees; I enjoy the occasional bit of local "color" as a reaffirmation of the sublime wisdom of "there, but for the grace of God�"
    
    That, and "as goes Texas, so goes the country". God save America ��from itself.
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- Anonymous, 2 Mar 2014 @ 4:31pm
  
  Re: 1st Amendment
  The constitution says a lot of things. That doesn't make them true in practice.
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Anonymous Coward, 28 Feb 2014 @ 9:42pm

Failure to cease and desist will be met with appropriate action by the City.

Actually, this may be entirely correct. If people fail to cease and desist petitioning their government, the government may well take appropriate action. That's how it SHOULD be...

... oh, by "appropriate action" they mean "criminal charges or a lawsuit", and not "listen to the citizens"? That doesn't sound appropriate...
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- Bergman (profile), 1 Mar 2014 @ 9:17am
  
  Re:
  I'd love to see the look on the judge's face when he discovers the city is suing people because they petitioned the government for redress of a grievance.
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scotts13 (profile), 1 Mar 2014 @ 8:15am

SOP
I happened to watch "The Aviator" last night. Howard Hughes was accused of bribing Air Force officials, and he said "Of course I did. That's the way business with the Air Force is done." Further said he'd checked, and under current law it wasn't illegal, so if they wanted to make a big deal of it, the lawmakers better get to work.

There are a fair number of countries that don't even make the pretense things aren't done that way. Uber isn't playing the game right, and they'll be stalled and inconvenienced for it.
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Anonymous Coward, 1 Mar 2014 @ 9:47am

RE: SOP
We're s'posed to aspire to being better than that.

It was LOTS harder to rise above old-boy, back-room, "quid pro quo," etc. approaches pre-Internet. Let's support or at least approve and applaud causes that attempt to end-run the traditional machinery by leveraging technology and grass-root campaigns to influence government officials by public voice.

Same Old Phuckery is a really poor excuse.
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Anonymous Coward, 1 Mar 2014 @ 11:48am

"It's ridiculous for Feldman to argue that citizens contacting their own elected officials is a form of harassment and somehow illegal."

Well ..... it is Texas.
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- Gtwreck, 2 Mar 2014 @ 12:45pm
  
  Re: uber
  Austin, Dallas and Houston are token liberal enclaves.
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Anonymous Coward, 1 Mar 2014 @ 9:38pm

I love that "...the excessive number of e-mails has gone unabated, to the point that it has become harassing in nature and arguably unlawful." Arguably? Like in front of a judge? Yeah, that's the ticket. Please pass the popcorn...
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- Anonymous Coward, 2 Mar 2014 @ 6:31am
  
  Re:
  THIS. How can "excessively" contacting a public official, through official channels, regarding official business, be harassment? How much is excessive? What is it exceeding?
  [ link to this | view in chronology ]
  - btrussell (profile), 2 Mar 2014 @ 8:55am
    
    Re: Re:
    "What is it exceeding?"
    
    NSAs' current storage capabilities.
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MDC, 2 Mar 2014 @ 12:32pm

What is Feldman's email address?
Anyone have his email address?
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- Anonymous Coward, 5 Mar 2014 @ 1:58pm
  
  Re: What is Feldman's email address?
  From: Feldman, David M. � LGL [mailto:David.Feldman@houstontx.gov] Sent: Wednesday, February 26, 2014 8:46 AM
  To: Miller, Robert
  Subject: Uber Cease and Desist
  
  Robert � Please consider this as a formal demand that your client, Uber, cease and desist from transmitting or aiding in the transmission of form e-mails to City officials regarding the adoption of an ordinance to accommodate their enterprise. Despite my informal request to you by telephone on Monday, the excessive number of e-mails has gone unabated, to the point that it has become harassing in nature and arguably unlawful. Failure to cease and desist will be met with appropriate action by the City.
  
  David M. Feldman
  City Attorney
  City of Houston
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  - Anonymous Coward, 5 Mar 2014 @ 1:59pm
    
    Re: Re: What is Feldman's email address?
    Don't know why techdirt redacted the email address, uber put it right in the email quote.
    
    Have some fucking balls.
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  - Steve, 6 Mar 2014 @ 8:02am
    
    Re: Re: What is Feldman's email address?
    Everytime I make this comment it gets sensored.
    
    Change. Org is not a legitimate petition. It is a vc backed company out of silicon valley. It is paid to spam people to sign petitions. Every city in the US now knows this. Go sign up and put in the word scam, pick a phoney zip and vote. Who knows where the the people live but probably not Houston Texas.
    [ link to this | view in chronology ]
Les Hardie, 2 Mar 2014 @ 1:12pm

UBER
You guys need to reread the Declaration of Independence, where it clearly says: " That whenever any Form of People becomes destructive of these ends, it is the Right of the Government to alter or abolish The People, and to institute new People, laying its foundation on such principles as shall seem most likely to effect The Government's Safety and Happiness." This is what my copy of the Declaration says. I got it from the Democrat Party. Did you think it said something different? How naive!
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- Niall (profile), 3 Mar 2014 @ 2:02am
  
  Re: UBER
  Yes, it was the Democrat's copy of the Republican Manifesto, which they had kept in the 'Funny bin' along with the "Protocols of the Elders of Zion", the "Gay Agenda", and a much dog-eared and annotated Tea Party copy of "The Left-Wing Manifesto" which looked like they had taken as both gospel and guidance.
  [ link to this | view in chronology ]
mark, 2 Mar 2014 @ 2:59pm

This might splain some things. from his webpage at the city....

"Over the course of his 33 years in private practice he served as a partner with the firm of Vinson & Elkins and as managing partner of his own firm, Feldman, Rogers, Morris and Grover, L.L.P., specializing in the representation of both private and public employers in all forms of labor and employment disputes, civil rights litigation and general litigation."
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mark, 2 Mar 2014 @ 3:27pm

david.feldman@houstontx.gov
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Gospace (profile), 2 Mar 2014 @ 4:14pm

Feldman email
david.feldman@houstontx.gov from http://www.houstontx.gov/legal/index.html
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Sardondi (profile), 2 Mar 2014 @ 4:23pm

Shut up, he explained.

Know your place, peasant. We gave you your show elections; now submit like a man.
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Anonymous Coward, 3 Mar 2014 @ 5:19am

The Houston Lawmakers are angry Uber is using the people to make laws and not dollars. They just want to be extorted.
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Anonymous Coward, 3 Mar 2014 @ 6:08am

"For Uber to operate there, Johns said, the city would have to change its laws setting a $70 minimum fare and 30-minute prearrangement time on limousine rides."

http://www.texastribune.org/2013/11/01/uber-making-headway-texas-expansion/

Because laws enabling reasonably priced goods and services would be an unacceptable outcome.

Since when is it the government's job to set prices? How is this free market capitalism?
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- Becon, 3 Mar 2014 @ 11:54am
  
  "Since when is it the government's job to set prices?"
  
  Have you heard of the minimum wage?
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Anonymous Coward, 3 Mar 2014 @ 11:07am

Houston: Government of the city, by the city and for the city.
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Wanderer, 3 Mar 2014 @ 4:35pm

Laws on cabs
Oh those icky laws. Demanding that strangers who drive you have insurance, in case they get into crashes. Demanding that they have safe driving records--who cares if they've flown off the bridge. It's just so unfair--Government (BIG GOVERNMENT THAT IS, FOR GOVERNMENT IS DEFINITIONALLY BIG) must be taking the side of those yucky cab drivers, not those cool Uber drivers!
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Robert Gamboe, 6 Mar 2014 @ 11:29am

How To Respond
The people of Houston should e-mail their ELECTED officials until the system crashes.

If that doesn't work, then vote the bums out of office!
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Reverend Draco (profile), 7 Mar 2014 @ 11:25am

I only I lived in Houston
David � Please consider this as a formal demand that your client, the City of Houston, cease and desist from interfering with the daily operations of Uber in any way, shape, or form. Despite the number of e-mails that have been sent to the City, the interference has gone unabated, to the point that it has become harassing in nature and arguably unlawful. Failure to cease and desist will be met with appropriate action by myself and other like-minded individuals. And we'll do the deciding on what is appropriate action.

Almost makes me wish I lived in Houston. . .
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Jack, 8 Mar 2014 @ 9:48pm

Censorship
Maybe it's me; maybe I'm just paranoid; maybe I'm imagining things, maybe I'm having a nightmare, even but...I won't be surprised if Mr. FELDMAN also supports criminal punishment of anyone questioning the fictional tale known as the "Holocaust"!
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Lou Gots, 21 Mar 2014 @ 1:18pm

Cease and desist petitioning government
Speech. press, assembly and petition, and the piggies want us to "cease-and-desist."
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