• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber
• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.
• 11th Circuit denies a challenge to an ordinance restricting handouts of food to the homeless in Orlando parks. "[W]e are unpersuaded that the conduct of simply feeding people ... is expressive for First Amendment purposes."
First Vagabonds Church v. City of Orlando
• Boston judge slashes a jury award in an illegal music downloading case from $675,000 to $67,500. "The award in this case ... lacks any rational foundation and smacks of arbitrariness." Sony v. Tenenbaum
• Iowa Supreme Court suspends a voyeuristic attorney indefinitely for peeping on women through windows. "[W]e cannot overlook the serious, egregious, and persistent nature of [Mark] Templeton’s misconduct and the effect it had on his victims."
Disciplinary Board v. Templeton
• Pennsylvania judge strikes down the state's blasphemy law in a case brought by a film producer who wanted to name his company "I Choose Hell Productions." "'Choosing hell' may be an irreverent choice for a corporate name, but under the Constitution, this fact alone cannot be the basis for its suppression from the public debate." Kalman v. Cortes
• Cancer patient sues Wal-Mart for firing him after discovering that he uses medical marijuana for pain relief. "[N]o corporation doing business in Michigan should be permitted to flout state laws protecting patients who use medical marihuana in accordance with state law." Casias v. Wal-Mart Stores
• 11th Circuit rules that the operator of an Internet porn dorm was engaged in illegally operating a business in a residential zone. "Business objectives are the sole reason individuals are paid to live and engage in sexual activities at the 27th Street residence."
Flava Works v. City of Miami
 
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Anti-Harry Potter Librarian's Case Magically Settles |
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A woman afflicted with the belief that the Harry Potter books encourage worship of the occult has settled her religious discrimination case against a Missouri library, On Point has learned.
The parties agreed to a settlement last month before a court ever addressed the merits of Deborah Smith's claim that she lost her job as a librarian assistant in Poplar Bluff, Mo., because she refused to attend a “Harry Potter Night” promoting the publication of “Harry Potter and the Deathly Hallows” in July 2007.
“Plaintiff has a bona fide religious belief stemming from her Christian identity and membership in a Southern Baptist church that she sincerely believes prohibits her from being involved in promotion of the worship of the occult, especially to children,” Smith, who was represented by the ACLU, said in a complaint filed in May 2008.
Court records show the settlement was reached at a mediation Feb. 17. D. Keith Henson, an attorney for the Poplar Bluff Public Library, declined to provide details, saying, “No resolution of the case has been finalized.”
Hopefully, the library did not cave in and agree to pay Smith any damages since the suit was an abject example of the hijacking of civil rights laws on behalf of those whose views, no matter how absurd, gain “legitimacy” simply because they are inspired by their religious faith.
Librarians were asked to dress up as wizards for the Harry Potter celebration. Smith alleged she was “constructively discharged” from her job in September 2007 after she “vehemently objected to participating Harry Potter Night in any role.”
The library director had offered to let Smith help out behind the scenes “in a way that Plaintiff’s church community would not know she had participated.”
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Other Smith v. Thomas Sources
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By Matthew Heller
3/6/09 
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Sex Harassment Claims Hit Actor Affleck, 'Bones' Star
A producer of a film about actor Joaquin Phoenix, an extra on the set of the TV show “Bones,” an assistant property master, and a makeup artist are among the plaintiffs in a recent epidemic of lurid Hollywood lawsuits.
Read more...
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Jury Goes 'Wild' in Woman's Privacy Case Over Video
A Missouri jury has gone wild in a case of involuntary nudity, finding that a woman consented to appearing topless in a “Girls Gone Wild” video by playing to the camera before another person pulled her top down.
Read more...
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Actress Facing $750K Award to Therapist
Soap opera star Hunter Tylo may have to pay more than $750,000 in damages and attorney fees to a psychotherapist whom she sued more than four years ago for negligent treatment of her children, On Point has learned.
Read more...
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Reporter Sues Hotels Over Peephole Videos
In an unusual premises liability case, ESPN reporter Erin Andrews has sued the operators of three hotels for allowing a stalker to surreptitiously videotape her naked through peepholes in the doors to her rooms.
Read more...
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Students Challenge Rubber Fetus Ban
The suspensions of seven pro-life students at two Roswell, N.M., high schools for distributing rubber fetuses have given birth to a lawsuit that takes the First Amendment protections for student speech into uncharted territory.
Read more...
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Distress Claim Barred in Hotel 'Ménâge à Trois' Case
A former employee of a luxury Miami Beach hotel who says her billionaire boss invited her to join him in a “ménâge à trois” cannot sue him for infliction of emotional distress, a judge has ruled, finding his alleged behavior, while “obnoxious,” was not “objectively outrageous.”
Read more...
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Chuck E. Cheese Settles Molesting Mascot Suit
A Missouri woman who claimed a Chuck E. Cheese mascot groped her breast has settled her lawsuit against the operator of the restaurant chain, On Point has learned.
Read more...
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Stovell v. James
Subject: LeBron's paternity
Document: Complaint
U.S. v. Arizona
Subject: Illegal immigration
Document: Complaint
Rosenberg v. Google
Subject: Negligent navigation
Document: Complaint
Smith v. Hooters
Subject: Weight discrimination
Document: Complaint
City of Ontario v. Quon
Subject: Text-message privacy
Document: Opinion
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Rosenberg v. Musical Arts Assn.
Court: Cuyahoga County (Ohio) Common Pleas
Subject: Defamation, age bias
Mecozzi v. City of Los Angeles
Court: L.A. Superior
Subject: Police brutality
Verdict: $1.7 million
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Jose Padilla v. John Yoo
Date: 6/14/10
Court: 9th Circuit
Hearing: Oral arguments in human rights case.
Perry v. Schwarzenegger
Date: 6/16/10
Court: USDC, N. Calif.
Hearing: Closing arguments in trial of challenge to gay marriage ban.
more
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