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Supreme Court Rejects Case Involving Religious Speech Delivered at Shcool

Alicia Norman — Sun, 29 Nov 2009 00:20:04 +0000

A student who complained that her constitutional right to free speech was violated when a school turned her microphone off during her graduation speech, will not be able to bring her case to the Supreme Court.

A federal appeals court had already ruled against valedictorian Brittany McComb of Henderson, Nev. who challenged the actions of Clark County school officials after they turned the microphone off because of a Jesus laden monologue. The school asserted that the speech was inappropriate because of graphic descriptions of Christ’s Crucifixion and a call for students to join the Christian faith.

School officials also noted that McComb had given them a previous speech which they pre-approved but she had changed the text prior to the event in question.

The justices said Monday they will not re-consider the lawsuit and denied the student’s request for a new trial.

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Craigslist Shielded Against Erotic Services Lawsuit

Alicia Norman — Wed, 25 Nov 2009 18:28:50 +0000

An Illinois based federal judge granted Craigslist a motion for a judgment over the website’s ex “erotic services” listing. Seeking financial award under the Communications Decency Act, Thomas Dart, the Sheriff of Cook County Illinois, filed a lawsuit against Craigslist alleging that its erotic services category helped perpetuate prostitution. Thomas Dart is seeking an injunction prohibiting Craigslist from publishing erotic services listings. The sheriff also desires financial compensation for the money that his office has spent investigating prostitution occurring on the site.

Soon after the suit was filed, Craigslist changed the title to “adult services” and instituted a review process for postings in that particular category. Sheriff Dart argued that the changes did not eliminate the problem.

Illinois district Court Judge John Grady ruled that Craigslist was shielded from liability by section 230 of the Communication Decency Act which states that a provider of an interactive service can’t be held accountable for what transpires via third party material. Responsibility then falls onto the shoulders of the person posting the content, not the website providing the services.

The ruling means that Thomas Dart cannot recover financial damages from Craigslist under the stipulations of his suit.

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Foot Model Sues Upscale Co-Op for Discrimination

Alicia Norman — Wed, 25 Nov 2009 18:28:38 +0000

A NYC city foot model who married the doorman that used to work at her uppercrust co-op sued the complex stating that her and the ex-employee were being discriminated against. In her suit, Christina Ambers alleges that she and the former porter, a Hispanic man named Angel Rotger, are being forced out of Avon house, which is located at East 74th Street.

She filed a $10 million dollar lawsuit against the Manhattan apartment management company, claiming that after she and Rotger married in July, employees in the building made her hail her own taxi and retrieve her own packages. She also believes that residents object to having a Hispanic living in the build, in particular, one that used to work there.

The official legal advisor for Avon House, Joe Colbert, said in a recent statement that the claims have “no merit.”

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Secondhand Smoke Testimony Thrown Out by SD Judge

Alicia Norman — Mon, 09 Nov 2009 16:02:30 +0000

A South Dakota circuit court judge ruled that the American Cancer Society couldn’t introduce research that indicated health risks posed from second hand smoke in court.

This comes shortly after the American Cancer Society won a victory when they were able to get the 2009 SD legislature to ban smoking in many state establishments, including but not limited to restaurants, bars and casinos. New measures being considered would allow the ban to include workplaces and other public areas. The ban was supposed to take effect July 1, but has met resistance from local business owners.

Deadwood SD bar and casino owners say that outlawing smoking would drive away their customer base. They also argued that the new law infringed upon business owner rights and have sought to force a public vote on the matter in November 2010. Businessmen gathered petition signatures to back their movement.

Current Secretary of State Chris Nelson did not allow the petitions in court however, stating that many of the signatures were invalid. Just as well, since South Dakota Constitution bars referendum votes on measures needed for the immediate preservation of the public health, peace or safety.

Circuit Judge Kathleen Trandahl, who is presiding over the case, will hold the trial Nov. 12-13.

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Jessica’s Law Challenged in Calif. Court

Alicia Norman — Wed, 04 Nov 2009 23:54:18 +0000

A law that was enacted to protect children from sexual predators is set to be reviewed and challenged in the California Supreme Court. The legislation, called Jessica’s law, makes it illegal for registered sex offenders to live within 2,000 feet of a park or school.

The law was put into affect after Jessica Lunsford, a young Florida girl, was sexually assaulted and killed by John Couey in 2005. The girl’s killer was a known repeat offender. Public outrage spurred the law on and included tough provisions like a mandatory minimum of 25 years in prison. 42 states enacted the law, with California among them.

In California, the law took effect in Nov 8, 2006 and stipulated that sex offenders must comply with specified domicile restrictions or face further jail time.

Four registered sexual offenders have filed a lawsuit in Berkeley California claiming that the requirement violates the rights of ex cons. They also claim that the law makes it near impossible to find a place to live.

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Lesbian Soliders Most Likely to Be Expelled under “Don’t Ask, Don’t Tell”

Alicia Norman — Tue, 13 Oct 2009 07:02:22 +0000

New studies reveals that women are most likely to be discharged under the current “Don’t Ask, don’t tell” laws. The revelation comes just as President Obama promises to repeal the law.

Statistics obtained from the Pentagon revealed that over 619 men and women were discharged last year due to their sexual orientation and of those numbers, 1/3 were women. This despite the fact that they only make up 15 percent of all active duty members.

The numbers were as follows:

Army: although women accounted for only 14 percent of personnel they made up 36 percent of the “don’t ask, don’t tell” discharges in 2008.

Navy: women made up 14 percent of the personnel and 23 percent of DADT discharges.

Marines: women made up a mere 6 percent of personnel and 18 percent of those discharged.

Air Force: In the most glaring of the numbers, women represented 20 percent of military personnel and 61 percent of those expelled under DADT.

According to Obama, current legislation is being drafted to deal with the issue and new provisions will be made to ensure that gay men and women do not have their civil rights infringed upon in the military based on their sexual orientation.

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Judge Seeks to Bar Man from Filing Frivolous Lawsuits

Alicia Norman — Tue, 13 Oct 2009 07:01:57 +0000

In Cincinnati Ohio, a fed up judge told a litigious man to stop filing lawsuits unless he had permission to do so. The man promptly responded by taking his case to the state supreme court.

Judge Ralph Winkler made his decision due to plaintiff Saint Torrance’s propensity to file numerous frivolous lawsuits. The Judges’ primary reason for the move was the fact that such cases are a tremendous drain the court’s resources.

42-year-old Torrence has filed litigation against utility companies, judges and tenants via 21 lawsuits in Hamilton County. He has also pursued 16 Ohio Supreme Court cases since 2007. Torrence professes to be a disabled veteran who seeks justice based on laws made by God and not by man.

Judge Winkler’s orders would require that Torrence get the green light from a judge before pursuing another lawsuit.

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Rights of the Mentally Ill Violated in NY

Alicia Norman — Thu, 10 Sep 2009 16:57:28 +0000

A NY federal judge ruled that New York State violated the Americans with Disabilities Act after they placed 4,300 mentally ill and displaced patients in nursing homes that were no better than the institutions they were replacing.

The ruling came down Tuesday after Brooklyn judge Nicholas Garaufis decided that the mentally ill were not able to receive the help they needed because they were placed in unsuitable conditions. The suit also alleged that they were unable to receive proper care after they were relocated into institutions that could not provide it.

Advocates for the disabled sued the state on behalf of individuals who were harmed by the practice. Officials for these organizations stated that the mentally challenged and sick would fare better in their own apartments and at no greater cost to the state.

Spokeswoman for the NY State of Mental Health said that the agency was considering the ruling and could not comment at this time.

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Gay Man’s Revives Title VII Suit Under Gender Discrimination

Alicia Norman — Mon, 31 Aug 2009 22:02:02 +0000

Even though current workplace laws do not protect gay men and women from sexual orientation discrimination, a landmark ruling in the Prowel vs. Wise Business Forms, Inc., case may open the door for homosexuals to file such suits under Title VII. To date, Title VII is used solely in gender discrimination cases but plaintiff Brian Prowel, an effeminate gay man, claims that he was targeted for harassment because he did not conform to “gender stereotypes.” The 3rd Circuit court of appeals found that in the above case, it could indeed be difficult to differentiate between harassment suffered because of Brian’s homosexuality, his effeminacy or both. A lower court had ruled that Prowel’s claim was little more than “an artfully pleaded claim of sexual orientation discrimination.”

Instead, a nearly unanimous three-judge panel said that a jury should have decided the case because the evidence was “ambiguous” and that Prowel could have been discriminated against on the basis of his sexual orientation as well as the fact that he did not conform to traditional male stereotypes.

Lawyer Katie Reyer, who represented Equality Advocates, a Pennsylvania gay and lesbian civil rights group, said the ruling is an indeed a victory for gay plaintiffs, while defense attorneys Kurt A. Miller feels it opens up the door for homosexuals to use title VII under the guise of gender stereotyping discrimination when it would actually be a sexual orientation discrimination case.

Gay rights activist disagree stating that Title VII was not written to solely protect the rights of heterosexual people from gender discrimination.

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