Bibbs seeks state probe of failed inspection
By Rochelle Moore, The Wilson Daily Times, N.C. | |
McClatchy-Tribune Information Services |
Bibbs, a candidate for
Bibbs alleges that the inspection was politically motivated in an attempt to harm his bid for the
In his lawsuit, Bibbs alleged his rights under the U.S. Constitution were violated, which led city attorneys to file a notice of removal that pushes the case to federal court.
Court documents, originally filed in
Bibbs was granted an ex-parte temporary restraining order from a
Cauley declined to say whether city employees will take any action to enforce city fire and building codes. Deputy Fire Chief
"The state court entered ex parte a temporary restraining order, with an apparent expiration date of
On Thursday, Bibbs had not filed any motions in
The case stems from a
Bibbs said the fire extinguishers have been serviced and the emergency lights fixed.
This week, Bibbs asked the state fire marshal to investigate the inspection as well as the credentials of Taylor, which Bibbs alleges was not qualified to be involved in the inspection. He also alleges that other businesses and properties in the city are not being held to the same standards he is required to meet.
"After receiving this information, I sent it to the proper authority for an investigation this week (to) the state fire marshal who also serves as the state Commissioner of Insurance Wayne Goodwin," Bibbs said in a prepared statement. "I asked commissioner Goodwin to conduct a complete, thorough and immediate investigation into all of these matters.
"I informed his office that there appears to be multiple violations of both the state fire code and the state building code."
Bibbs said that Goodwin has asked his assistant state fire marshal and chief fire and building code expert to handle the investigation. State officials attempted but were unable to confirm the status of Bibbs' request Thursday because many had already left work for the holiday weekend. Information related to the matter should be available next week, a
Bibbs said that he amended his initial complaint in
"That's not going to make a bit of difference," Nicholls said. "That doesn't negate the removal to federal court."
Bibbs said he amended the lawsuit in an effort to remove any federal issues and to instead focus on the North Carolina Constitution.
"I have the freedom pursuant to our state constitution to live wherever I want and can afford to, just as anyone else can," Bibbs said. "I have a constitutional right to register to vote here and run for public office from there as well. As I said earlier, there are many people who own buildings in downtown Wilson and live in them and work from them, as well.
"They have not been required by the city to install sprinkler systems. I am no different from them. So why require it of me if not just for pure political reasons?"
Bibbs is also questioning why city inspectors did not check his property in 2013 but only more recently after he filed as a candidate for
"We have received a copy of the complaint and the temporary order and our review indicates that the allegations are without any basis in law or fact," Cauley has said. "The city's inspections and fire departments are dedicated to public safety. They look forward to having the court hear the truth."
The recent inspection took place because it was on a re-inspection list because of a failed report from
No hearing has been set in federal court and the chance exists that the case could be sent back to
"Federal court may decide it's not appropriate for federal and send it back," Nicholls said. A high percentage of cases sent to federal court are returned and if that's the case, it should happen quickly, Nicholls said.
A
Bibbs moved into his
In his lawsuit, Bibbs alleged race as a factor because two other white property owners who use their buildings as a residence and business have not been required to add a sprinkler system. Bibbs' amended complaint removes racial references, replacing the words "white property owners" with "different property owners." He also removed a sentence that says he is black.
The amended complaint asks that Bibbs be granted at least
Bibbs is asking the court to allow him to remain at his
Bibbs previously said that he hired a contractor to convert the building into a residence and as far as he was told, it complied with city building codes.
"I've spent more than
Before the case was filed in
"If he wants to file, he's got the right to," Rose said. "I think he's going to pick a fight he can't win."
Bibbs has not indicated whether he plans to file a motion in federal court.
Bibbs' residency is also being challenged by Wilson residents
Elections officials will consider a challenge to Bibbs' eligibility to seek office, but probably not before voters have their say.
[email protected] -- 265-7818
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