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Businesses ask Supreme Court to take gay rights case
Court Watch |
2017/10/17 08:56
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Some of America's most well-known companies are urging the Supreme Court to rule that a federal employment discrimination law prohibits discrimination based on a person's sexual orientation, a position opposite of the one taken by the Trump administration.
The 76 businesses and organizations — including American Airlines, Apple, eBay, Facebook, Google, Starbucks and Microsoft — filed a brief Wednesday encouraging the high court to take up the issue. They want the court to take a case out of Georgia in which a gay woman who worked as a hospital security officer says she was harassed and punished for dressing in a male uniform and wearing her hair short. Jameka Evans, who worked at Georgia Regional Hospital at Savannah from 2012 to 2013, ultimately left her job and sued.
The question in her case is whether a federal law barring workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation. The Equal Employment Opportunity Commission under President Barack Obama took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation.
The businesses' court filing says they and their employees would benefit if the court agreed to take the case and rule that Title VII covers sexual orientation discrimination.
"Businesses' first-hand experiences — supported by extensive social-science research — confirm the significant costs for employers and employees when sexual orientation discrimination is not forbidden by a uniform law, even where other policies exist against such discrimination," the businesses wrote in their brief. The organizations that joined the brief also include two sports teams, the Tampa Bay Rays and the Miami Heat.
The case out of Georgia is not unique. Most federal appeals courts in the past have ruled that "sex" means biological gender, not sexual orientation. But a federal appeals court in Chicago, the U.S. Court of Appeals for the 7th Circuit, ruled earlier this year that the law covers sexual orientation. In that case, a gay part-time community college instructor sued after she was repeatedly turned down for a full-time job and her part-time contract was not renewed.
The New York-based U.S. Court of Appeals for the 2nd Circuit is also weighing the issue. Last month, the full court heard arguments in a case in which a skydiving instructor, Donald Zarda, claimed he was fired from his job after telling a client he was gay. He sued under the Civil Rights Act, but previous rulings have gone against Zarda, who died in an accident in Switzerland three years ago. A ruling in his case isn't expected for some time.
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Court: Movie theaters must accommodate deaf-blind patrons
Court Watch |
2017/10/11 08:58
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Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday.
The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark theater in Pittsburgh to supply a "tactile interpreter." The theater denied his request.
The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.
The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish "auxiliary aids and services" to patrons with vision, hearing and speech disabilities. |
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Indiana courts see changes with new e-filing system
Court Watch |
2017/09/25 08:57
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Electronic filing is transforming the way Indiana's judicial system works.
Fifty-five of the state's 92 counties have adopted mandatory electronic filing for most new criminal and civil lawsuits over the past 15 months, The (Northwest Indiana) Times reported. The state's appellate division has also adopted the electronic system.
The Supreme Court's Office of Court Technology says more than 2.1 million documents have been electronically filed in the state since July 1, 2016.
E-filing makes judges and lawyers more efficient and improves court services for Indiana residents, said Justice Steven David. Non-confidential court documents are also available online.
E-filing has been adopted quickly through the state because may counties are using the same case management system called Odyssey, said Justice Mark Massa.
The system is paid for by a $20 automated record keeping fee that's attached to every case filed in Indiana court.
"It's the best deal for counties," Massa said. "It carries with it state funding of that technology and that support, and we're getting closer and closer to that complete statewide coverage with each passing year."
The system also allows the judicial branch to generate comprehensive data about crimes, courts, dispositions, children in need of services, protection orders and other information that the legislative and executive branches need when enacting new laws, David said.
"In the old days, you might get data from one court and try to extrapolate, or determine if that court is representative of the rest of the state or not, and that's no longer the case," David said.
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Court asked to dismiss cases tied to ex-drug lab chemist
Court Watch |
2017/09/22 03:00
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A petition is asking the highest court in Massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.
The state's public defender agency is a party to the petition filed Wednesday before the Supreme Judicial Court by two women whose drug possession convictions are tied to evidence handled by chemist Sonja Farak.
Farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the University of Massachusetts Amherst. She worked at the lab between 2005 and 2013.
The women say the state failed to notify them of Farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.
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California hits Gatorade in court for "anti-water" videogame
Court Watch |
2017/09/22 02:59
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Gatorade has agreed not to make disparaging comments about water as part of a $300,000 settlement reached Thursday with California over allegations it misleadingly portrayed water's benefits in a cellphone game where users refuel Olympic runner Usain Bolt.
The game, downloaded 30,000 times in California and 2.3 million times worldwide, is no longer available.
The dispute between the sports-drink company and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.
Becerra's complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children's nutritional choices. The game encouraged users to "keep your performance level high and avoid water," with Bolt's fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.
The settlement should serve as a warning to companies that falsely advertise, Becerra said.
"Making misleading statements is a violation of California law. But making misleading statements aimed at our children is beyond unlawful, it's morally wrong and a betrayal of trust," he said in a statement.
Gatorade agreed to the settlement but has not admitted wrongdoing.
"The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options," spokeswoman Katie Vidaillet said in an email.
In addition to agreeing not to disparage water, Gatorade agreed not to make Bolt! or any other games that give the impression that water will hinder athletic performance or that athletes only consume Gatorade and do not drink water. Gatorade also agreed to use "reasonable efforts" to abide by parent company PepsiCo's policy on responsible advertising to children and to disclose its contracts with endorsers.
Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water. |
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Kenya Supreme Court says why it annulled presidential poll
Court Watch |
2017/09/21 02:59
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Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.
The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote. The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.
Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.
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