USLegal Reporter

EEOC Says TSA Violated Rastafarian’s Rights in Haircut Lawsuit

Dana Altman — Wed, 18 Nov 2009 15:45:12 +0000

The U.S. Equal Employment Opportunity Commission has ruled that Rastafarian baggage screener Josue Brissot was discriminated against when the Transportation Security Ageny (TSA) threatened to fire him in 2005 if he didn’t cut his dreadlocks. Bissot wears his hair long for religious reasons. He claims that he was assured his dreadlocks weren’t a problem when he was hired by the Transporation Security Administration in 2002.

Brissot was represented in the case by the Boston office of the American Civil Liberties Union (ACLU). The ACLU says Brissot’s treatment violated federal law prohibiting employment discrimination based on religion. An interim ruling was issued by the administrative law judge in the case and is now scheduled for a hearing to determine compensation in February.

Sources: http://www.boston.com/news/local/massachusetts/articles/2009/11/17/judge_tsa_violated_rights_of_rastafarian/

http://www.abcnews.go.com/Business/wireStory?id=9114001

Compulsive Gambler Blames Casino For Luring Her

Dana Altman — Tue, 10 Nov 2009 15:43:51 +0000

The Supreme Court in Indiana is hearing an appeal in a case involving a compulsive gambler who in one night lost $125,000 advanced to her by the casino. On March 18, 2006, Jenny Kephart went to Ceasars Riverboat Casino, now the Horseshoe Southern Indiana casino, where she lost $125,000 in credit provided by Caesars at a blackjack table. Kephart admits that she’s a pathological gambler. She claims that the casino knew of her addiction and wealth and was preyed upon.

However, after being sued for the money, Kephart defended on the grounds that the casino employees should have denied a gambling addict access to the game. Kephart’s attorney, Terry Noffsinger, said, “This casino intentionally, knowing she was a compulsive gambler, went after her to get her to gamble. And, of course, the odds are in the favor of the house and she lost a lot of money.” Noffsinger stated that they offered her a car to take her to the casino, a free room and free drinks and then she lost several thousand dollars of her own money, they gave her $125,000 in credit.

The defendants assert that Lephart should have enrolled in the state’s Voluntary Exclusion Program, which allows individuals with compulsive gambling problems to add themselves to a database that casinos crosscheck when they take identification from guests, typically when they are cashing in on big wins or requesting credit. Kephart says she didn’t enroll in the program because she was unaware of the severity of her addiction.

The lower court ruled 2-1 in favor of the casino. If reversed on apppeal, it would set a precedent in the law for protecting a compulsive gambler, as case law so far has not imposed a duty on another to prevent compulsive gambling.

Source:

http://abcnews.go.com/Business/casino-blamed-compulsive-gambler-jenny-kepharts-debt/story?id=8592994

NSA to Build $1.6 Billion Storage Facility to House Personal Surveillance Data

Dana Altman — Tue, 03 Nov 2009 18:52:56 +0000

The National Security Agency is planning to build a $1.6 billion storage facility in Utah to warehouse personal data. The giant facility will contain more than 1 million square feet of data center space. Construction is scheduled to begin in June 2010 and be completed by March 2013. The new facility is estimated to require as much electricity as all of Salt Lake City. All forms of electronic data will be stored at the center, such as intercepted phone calls, e-mail messages, Internet searches and other communications intercepted by the agency.

The effort was publicly disclosed in early 2008 and is designed to bolster cybersecurity-related awareness and incident response across the federal government. Much of the effort remains highly classified. It is partly an effort by federal agencies to reduce their exposure to Internet-based threats by reducing and consolidating the number of external Internet connections across government. Instead of having each agency manage its own Internet connections, the plan involves having a small group of Trusted Internet Connection (TIC) providers administer centralized connectivity and gateway-monitoring services for federal agencies. Critics of the project argue that the collection and permanant storage of such personal data is not necessary for national security purposes and intrudes upon the privacy rights of citizens.

Sources: http://www.sltrib.com/news/ci_12744661

http://www.datacenterknowledge.com/archives/2009/07/01/nsa-plans-16-billion-utah-data-center/

http://gizmodo.com/5395095/the-nsa-to-store-a-yottabyte-of-your-phone-calls-emails-and-other-big-brothery-stuff

http://www.crunchgear.com/2009/11/01/nsa-to-store-yottabytes-of-surveillance-data-in-utah-megarepository/

H1N1 Virus Declared a National Emergency

Dana Altman — Tue, 27 Oct 2009 17:57:24 +0000

In order to make it easier for medical facilities to provide treatment, President Obama has declared the 2009 H1N1 virus pandemic a national emergency. The move allows more freedom for off-site, alternate care facilities to be established and a waiver of standard requirements for Medicare, Medicaid and other federal health insurance programs on a case-by-case basis.

Due to manufacturing delays, the government has revised early estimates that as many as 120 million vaccine doses would be available by mid-October. As of October 21, 2009, only 11 million doses had been shipped to health departments, doctors’ offices and other providers across the country, the CDC said. The government now projects about 50 million doses of swine flu vaccine out by mid-November and 150 million in December.

The flu has hit children and young people hardest. Children, pregnant women and people with underlying health issues are being asked to be given preference in receiving the vaccine. Some reports are suggesting that one dose may not be enough, and two are being recommended by Europe’s drugs watchdog, the European Medicines Agency.

Sources: http://www.washingtontimes.com/news/2009/oct/25/h1n1-a-national-emergency/

http://www.cdc.gov/flu/weekly/

Feds Announce Policy Not to Prosecute Medical Marijuana Users

Dana Altman — Tue, 20 Oct 2009 18:48:37 +0000

Under new legal guidelines issued by the Obama administration, federal drug agents won’t target pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana. ”It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, but we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal,” Attorney General Eric Holder said in a statement.

A memo on the new policy was sent to federal prosecutors in 14 states. 14 states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington. Some medical marijuana advocates say Maryland shouldn’t be included in that group, because the law there only allows for reduced penalties for medical marijuana usage.

Source: http://www.boston.com/business/healthcare/articles/2009/10/19/ap_newsbreak_new_medical_marijuana_policy_issued/

Pet Care Tax Deduction Proposed

Dana Altman — Tue, 20 Oct 2009 14:57:42 +0000

A Michigan legislator has proposed a bill to allow up to a $3,500 tax deduction for pet care. Rep. Thaddeus McCotter says that the bill is needed to prevent pet owners from being forced to give up their pets due to their inability to afford pet care costs in hard economic times.

The bill, Humanity and Pets Partnered Through the Years, or “HAPPY Act”, was introduced in July 2009. It has now been referred to the House Committee on Ways and Means. Expenses for acquiring the pet are not allowed to be deducted. The text of the bill can be read here:

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3501:

Source: http://www.npr.org/templates/story/story.php?storyId=113791908&sc=fb&cc=fp

Brooke Astor’s Son Anthony Marshall Convicted of Fraud, Conspiracy, Grand Larceny

Dana Altman — Tue, 13 Oct 2009 10:56:23 +0000

The son of Brooke Astor, Anthony Marshall, has been convicted of bilking his mother out of millions of dollars. Brooke Astor, a well-known philanthropist and member of New York high society, died in 2007 at the age of 105. Her son was accused of tricking her into changing her will, diverting money to himself and his wife Charlene, rather than to the charities she had intended to benefit. Astor, who sufffered from Alzheimer’s, had an estate was worth a reported $200 million and had given millions to institutions such as the New York Public Library, Carnegie Hall and other causes.

Following 12 days of deliberations after a 19-week trial, Marshall, 85, was convicted on 14 counts of the 16 counts against him, including the most serious count of first-degree grand larceny. Famous figures such as Henry Kissinger and Barbara Walters were called as witnesses, as well as Marshall’s son Philip. Philip sued his father in 2006, seeking to get guardianship of Brooke Astor by claiming that his father was neglecting the matriarch. The scandalous case has brought national attention to the widespread nature of elder abuse.

Supreme Court Won’t Force Illinois to Issue Choose Life Plates

Dana Altman — Tue, 06 Oct 2009 14:44:49 +0000

An anti-abortion group has lost its attempt to force the state to issue driver license plates with “Choose Life” printed on them. The U.S. Supreme Court refused to hear the appeal from the federal appeals court decision. The Seventh Circuit ruling held that the Illinois system for approving specialty plates was not discriminatory.

The case, Choose Life Illinois v. White, was filed in 2004 after citizens had collected more than the necessary number of signatures, but were denied a “Choose Life” license plate. As in other states, the proceeds from the proposed “Choose Life” license plates would have been directed to organizations such as pregnancy care centers that provide adoption counseling and referrals.

Source: http://www.breakinglegalnews.com/entry/Court-wont-force-Ill-to-have-Choose-Life-plate

Federal Court Rules Sex Offender Registration Law Violates Ex Post Facto Clause

Dana Altman — Wed, 30 Sep 2009 16:06:04 +0000

The United States Court of Appeals for the Ninth Circuit has held that retroactive application of a provision of the Sex Offender Registration and Notification Act (”SORNA”), part of the 2006 Adam Walsh Child Protection and Safety Act, violates the ex post facto clause of the United States Constitution.

SORNA requires adult and juvenile sex offenders convicted before its enactment to register with the National Sex Offender Registry. A lawsuit challenging the law was brought by a juvenile who had been adjudicated as a sex offender in 2005, before passage of SORNA. The Ninth Circuit held that the law’s retroactive application to juvenile offenders violates the ex post facto clause. The court distinguished the case at hand from a Supreme Court case, Smith v. Doe, 538 U.S. 84 (2003), which held that retroactive application of a similar state statute to adult offenders was constitutional. The Ninth Circuit made a distinction between the cases, noting convictions of adult offenders, such as in Doe, are matters of public record, while juvenile proceedings are not such openly public matters.

Source: http://www.loc.gov/lawweb/servlet/lloc_news?disp1_1579_United%20States

Ohio Court Says Voters Need to Approve Video Lottery

Dana Altman — Tue, 22 Sep 2009 14:55:25 +0000

The Ohio Supreme Court has struck down the state’s plan to put up to 17,500 video lottery terminals at horse racing tracks. LetOhioVote.org filed a lawsuit, arguing that the state constitution requires voter approval of the state’s gambling plan.

The state had argued that the plan not subject to voter approval because it was part of appropriation process and revenues were allocated to education. The court ordered the Secretary of State to allow the plaintiffs to pursue a referendum. Meanwhile, the state will forego the expected revenues of $933 million over two years until a refendum may be placed on the November 2010 ballot. The state was expecting to use the projected revenues to address a $3.2 billion shortfall in the latest two-year budget, in order not to raise taxes.

Source: http://www.reuters.com/article/marketsNews/idUSN2130498420090921