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Ohio court: Domestic violence laws for all couples
Court Feed News | 2007/07/26 15:25
Ohio's domestic violence laws do not conflict with the state's ban on gay marriage, the Ohio Supreme Court ruled Wednesday.
 
In a 6-1 decision, justices rejected an argument that the domestic violence law was unenforceable in cases involving unmarried couples because it refers to them as living together "as a spouse."
Chief Justice Thomas Moyer wrote in the opinion that lawmakers included many groups under the domestic violence law, and that describing people's living arrangements isn't the same as creating a law approximating marriage.
The gay marriage ban prohibited the government from creating any such approximation.
Twenty-seven states have constitutional language defining marriage as between a man and a woman, according to the National Conference of State Legislatures.
In Indiana, opponents of a constitutional ban on same-sex marriage had argued it would cause single people to lose protection under domestic violence laws. The amendment could be placed on the statewide ballot in 2008.


Minister tells court marijuana is a sacrament
Lawyer Blog News | 2007/07/26 13:29

The mail-order minister of a Hollywood church that burns marijuana during services and allegedly sells it to members says that’s protected under federal law because the drug is a religious sacrament. But Judge Mary Strobel has ruled that the Reverend Craig X. Rubin can’t use federal law as a defense because he faces only state charges.

Rubin, who’s representing himself at his drug trial, says members of his Temple 420 believe that marijuana is the tree of life mentioned in the Bible.

Though ordained in 1990 by the Universal Life Church, police and prosecutors describe Rubin as a drug dealer. He faces up to seven years in prison if convicted of possessing marijuana for sale.

The 41-year-old Rubin has no legal experience, and says he spent last weekend praying and smoking marijuana with Indians in a sweat lodge at the bottom of the Grand Canyon.



NY Beggars Granted Class Action Status
Legal Career News | 2007/07/26 10:34
A U.S. District Court Judge dismissed on Wednesday the arguments by New York City lawyers and granted six panhandlers to proceed with a class action against the state and local law-enforcement agencies accused of making thousands of illegal arrests under a defunct law.

Class action status means thousands of state's panhandlers with a similar complaint can join the suit and could be included in any monetary judgment.

Judge Shira Scheindlin said that granting class action status was the only way to stop the state-wide enforcement of an anti-begging law that was ruled unconstitutional in 1992, but since then has been used in over 10,000 arrests and prosecutions across the entire state.

"We're looking forward to putting an end to this practice," said Matthew Brinckerhoff, the beggars' lawyer.

The city lawyers had contended that the plaintiffs were unfit to represent such a large group in a class action suit, due to mental illness and drug addiction.



CA Prohibits Adidas from Selling Kangaroo Shoes
Court Feed News | 2007/07/25 18:47

A court has ruled that the government of California is within its rights to prohibit Adidas from selling kangaroo-hide soccer shoes in the state.

U.S. law does not pre-empt a state law banning importation and sale of kangaroo products in California, the California State Supreme Court ruled Monday. It reversed two lower-court decisions that sided with Adidas's argument that the California law could not foreclose U.S. provisions that allow the use of the Australian kangaroo hides.

Adidas recently began one of its largest U.S. advertising campaigns. The promotions feature David Beckham, who recently joined the Los Angeles Galaxy soccer team.

"Although Adidas makes some shoes using kangaroo leather, a common practice in our industry, Adidas does not make shoes from any endangered or threatened kangaroo species," a company spokeswoman, Andrea Corso, said in a statement. "We are confident that we will prevail in this matter."

Beckham's soccer shoe is made with a synthetic leather upper, Corso said.

The United States lifted a ban in 1981 on imports of leather from the three kangaroo species that Adidas uses for the shoes. The U.S. Fish and Wildlife Service in 1995 took those species off its endangered or threatened species list, effectively ending the U.S. government's involvement in the matter, the California court said.

The case was brought by Viva, the Vegetarian International Voice for Animals. The California Supreme Court sent the case back to the appeals court to decide whether Viva had standing to bring the case under California law and whether the commerce clause of the U.S. Constitution prohibited California from trying to regulate kangaroo imports, said an Adidas lawyer, Martin Fineman.



CA Man Charged With Obscenity Violations
Lawyer Blog News | 2007/07/25 18:31

A California man has been charged by a federal grand jury in Los Angeles with operating an Internet-based obscenity distribution business and related offenses, Assistant Attorney General Alice S. Fisher of the Justice Department’s Criminal Division and U.S. Attorney George Cardona of the Central District of California announced today.

The indictment returned yesterday charges Ira Isaacs, doing business as Stolen Car Films and LA Media, with four counts of using an interactive computer service to sell and distribute obscene films on DVD, two counts of using a common carrier to distribute obscene DVDs, and two counts of failing to label sexually explicit DVDs with the name and location of the custodian of records containing age and identification information for performers in sexually explicit films. The maximum penalty is five years in prison on each count.

The court will issue a summons directing Isaacs, who is believed to reside in the Hollywood Hills, to appear in United States District Court in Los Angeles for arraignment in August. The indictment also seeks the forfeiture of all obscene materials produced and transported by Isaacs and any proceeds derived from the sale of such materials.

The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

The case is being prosecuted by Trial Attorney Kenneth Whitted of the Justice Department’s Obscenity Prosecution Task Force and Assistant U.S. Attorney Craig Missakian of the U.S. Attorney’s Office for the Central District of California. The Task Force was formed to focus on the prosecution of adult obscenity nationwide. The investigation was conducted by the FBI’s Adult Obscenity Squad, a national initiative of the FBI based in the Washington, D.C. Field Office, and agents from the FBI’s Los Angeles Field Office.



Law firm urges fire victims to sue agency
Headline News | 2007/07/25 15:01
A California law firm is running television ads in the Reno-Lake Tahoe area seeking potential plaintiffs who want to file lawsuits over the loss of their homes in a big wildfire last month. The ad tells viewers that if they lost a home on a lot with pine needles, shrubs or trees, they might be entitled to compensation. The fire destroyed 254 homes and 75 other structures in late June near the city of South Lake Tahoe.

Fliers posted on trees in the burned area also urge residents to mount a lawsuit against the Tahoe Regional Planning Agency, which enforces environmental regulations in the Lake Tahoe Basin.

Some Tahoe residents have blamed the agency for the fire, saying the agency's regulations aimed at preserving the clarity of the lake made it difficult to clear pine needles, trim brush and cut trees around properties to create defensible space.

In the subdivision damaged in the Angora fire, an assessment found that 19 percent to 34 percent of the homes had created defensible space.

Larry Parker, the personal injury lawyer cited in the television ads, did not return a telephone call by the Associated Press to his Long Beach office Tuesday seeking comment.

The Reno Gazette-Journal reported that the firm sent the newspaper an e-mail Monday that said the firm "has represented over 100,000 injury victims during the past 30 years and recovered over $750,000,000 for its clients."

Tahoe Regional Planning Agency officials said they've seen the ads and the fliers but haven't received any notification of legal action. The agency says it relaxed tree-cutting policies in recent years and can't be blamed for the blaze.

"We've tried to convey clearly that most defensible-space work is possible under existing rules," said Julie Regan, agency spokeswoman.

"If you look at the work that's been done in Incline Village, it's been done under the same rules as the South Shore," she told the newspaper.

"It's unfortunate that some businesses and attorneys are trying to take advantage of this community by using scare tactics."

Agency regulations say: "Leave the 'duff' layer of pine needles in your yard -- do not rake them all up. The 'duff' layer is the dark area at the ground level where the pine needles are decomposing. This matter does not burn easily."

Other residents said they didn't want agency inspectors on their property because they fear they will be cited for violations of the agency's erosion-control measures.

That fear creates a "paralysis" among homeowners who want to make changes on their property, residents and fire experts said last month.

Agency officials say the regulations weren't responsible for the blaze but are open to changes.

"We have been open to amending policies and ordinances in an effort to better address fire safety at Lake Tahoe," John Singlaub, the agency's executive director, said. "Following the Angora fire, a robust community debate is in order to help prevent such a catastrophic event from occurring in the future."



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