Perry v. Schwarzenegger
Judge strikes down California's same-sex marriage ban, finding that "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
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• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World

• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons

• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics

• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar

• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo

• 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




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Injury Claims

Disney Settles Disability Bias Suit over Segways Print

segwayWalt Disney World Co. has settled a discrimination suit over its ban on two-wheeler Segways at its Florida theme parks by agreeing to provide disabled guests with at least 15 newly-designed four-wheeled vehicles.

Three disabled plaintiffs filed the proposed class action in November 2007, alleging Disney's anti-Segway policy violated the Americans with Disabilities Act because it “has the effect of denying full access and enjoyment of the parks to those disabled individuals, like Plaintiffs, who rely upon the Segway for their mobility.”

Disney claimed Segways could endanger the safety of other theme park guests and that it adequately accommodated disabled guests by providing wheelchairs and motorized scooters for rent. But in a settlement agreement filed last week, the company agreed to develop a completely new electric stand-up vehicle (ESV) “for use by guests who claim to have a mobility impairment or disability and need to use a stand-up mobility device.”

“The Settlement Class agrees that the ESV satisfies their claims to the benefits which a Segway allegedly provides, while meeting Worldco’s concern for the safety of all its guests,” the agreement says.

The ESV will have four wheels and, like the Segway, be designed for operation while standing. Delivery is expected to begin April 1, 2009, but the settlement does not say how much it will cost to rent the vehicle.

Plaintiffs Mahala Ault, Stacie Rhea and Dan Wallace said in their complaint that the rental of a motorized scooter increased the cost of a theme park visit by more than 50 percent and required “a long walk” from parking areas to the place where scooters and wheelchairs are rented.

Disney also agreed to give each of the plaintiffs $4,000 toward a one-week stay for a family of four at a Walt Disney World hotel, provide each of them with a complimentary ESV during their next visit to one of the parks, and pay $70,000 in fees to counsel for Rhea and Wallace. The fees for Ault's lawyers will be decided by a judge.

Elsewhere in the Southeast, Spanx Inc. of Atlanta, which makes slimming “body shaper” underwear for women, has settled a case against Sexy Panties and Naughty Knickers Ltd. alleging the British company's use of the “SPANK” acronym infringed on its trademarks.

Under the settlement, Sexy Panties agreed not to sell any clothing bearing the Spank mark in the U.S. and Canada after Sept. 30, 2009. The company says it halted production of those items last year.

Other Ault v. Walt Disney World Sources


This story linked by:


By Matthew Heller
12/9/08

 

 
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