Notable legal developments

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151.9508 » Fri Aug 30, 2019 6:45 pm

That story has it all
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User avatar 152.DocZaius » Fri Aug 30, 2019 7:26 pm

The perpetrator, Alexander "Less Legs" Perkins:

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I didn't know there were any black juggalos, but there he is.
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User avatar 153.Irish Mike » Fri Aug 30, 2019 7:28 pm

Guilty.
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154.evil gator » Tue Sep 03, 2019 3:08 pm

Ohio Man Sues After Legless Juggalo Crashes Into Him With a Golf Cart at Insane Clown Posse Gathering
An Ohio man is suing after a legless Juggalo allegedly crashed a golf cart into him at the 20th Annual Juggalo festival earlier this month.

Adam Batton is suing Ninjas in Action, a Michigan group that was holding the 20th annual Gathering of the Juggalos, as well as the Lawrence County Recreational Park where the event was held July 31 to Aug. 3. He filed the suit against them for negligence in Indiana Superior Court on Aug. 28 because he says he sustained serious and permanent bodily injuries.

Batton, a resident of Ohio, says he was attending the 20th annual Gathering of the Juggalos at a music venue in the park called "Shimmer Forrest." The four-day Insane Clown Posse fan festival was open to Juggalos and non-Juggalos alike had been advertised as "the craziest show on earth" with "controlled chaos." Attendees were promised a gathering with numerous musical performances, free camping, carnival rides, parties, side shows, wrestling and more.

Despite the fact that festival's rules prohibited golf carts, four wheelers or motorized vehicles, Batton says that there were numerous golf carts driving around at the event. Batton says that, while he is not Juggalo himself, he attended the event intending to shoot a documentary. After arriving on the first day and seeking many golf carts and motorized vehicles being driven, Batton said he left and went to a nearby Walmart and purchased a small motorized bike.

At 1 a.m. on the final day of the festival, Batton said he was riding his bike between the "Bizzaro World" tent and the "Drainer Rd. Pavillon" when a golf cart with no headlights on began driving erratically down the hill towards him at a high speed. Batton names the driver of the golf cart as well known Juggalo Alexander "Less Legs" Perkins, saying Perkins crossed the center lane and crashed into him.

"Perkins was operating the golf cart peddles with a baseball bat, and after the collision it was apparent he was intoxicated on drugs and/or alcohol," Batton's lawsuit states.

Axe-Wielding Juggalo Arrested After Demanding Mass. Radio Station Play Insane Clown Posse's 'My Axe'
However, Perkins -- who is not listed as a defendant in the suit -- told TMZ that Batton's version of events is untrue. He said not only did he have permission to use the cart because of his disability, but that Batton was was driving the wrong direction on a one-way road and actually ran into him. He also said that while he used the bat to operate the pedals, he was "stone-cold sober." Perkins also told TMZ he was ejected from his cart due to the accident, sustaining injuries himself.

Batton is seeking damages for loss of income and medical costs against the festival organizers and park officials for failure to take reasonable measures to protect his safety and failure to enforce festival rules.

Festival did not responded to Billboard's request for comment.
surprising there aren't more things like this occurring.
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155.9508 » Sat Sep 07, 2019 6:28 pm

There is a lot going on in this one.

https://apnews.com/2770a6f63f7848479d23 ... SocialFlow
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User avatar 156.DocZaius » Sat Sep 07, 2019 7:27 pm

There is a lot going on in this one.

https://apnews.com/2770a6f63f7848479d23 ... SocialFlow
From another story on this:
“I have been called a bigot, an ableist, a homophobe and a transphobe,” Mr. Meijer said in an interview on Wednesday. “I fundamentally don’t understand how someone can take my very good faith concern about the potential for exploitation and spin that into discriminating against people with a disability.”
What a bizarre case for the ACLU to take on.
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157.9508 » Sat Sep 07, 2019 7:37 pm

There is a lot going on in this one.

https://apnews.com/2770a6f63f7848479d23 ... SocialFlow
From another story on this:
“I have been called a bigot, an ableist, a homophobe and a transphobe,” Mr. Meijer said in an interview on Wednesday. “I fundamentally don’t understand how someone can take my very good faith concern about the potential for exploitation and spin that into discriminating against people with a disability.”
What a bizarre case for the ACLU to take on.
Agree. Also... a Down’s syndrome drag show. What... the... hell?
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158.gatorbreeze » Sat Sep 07, 2019 9:24 pm

There is a lot going on in this one.

https://apnews.com/2770a6f63f7848479d23 ... SocialFlow
From another story on this:
“I have been called a bigot, an ableist, a homophobe and a transphobe,” Mr. Meijer said in an interview on Wednesday. “I fundamentally don’t understand how someone can take my very good faith concern about the potential for exploitation and spin that into discriminating against people with a disability.”
What a bizarre case for the ACLU to take on.
Agree. Also... a Down’s syndrome drag show. What... the... hell?
It would be icing on the cake if publix was somehow involved.
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Remember when you were young, broke and pissed off at the world? Well, you're older now.

159.GFY » Sun Sep 08, 2019 3:33 am

There is a lot going on in this one.

https://apnews.com/2770a6f63f7848479d23 ... SocialFlow
From another story on this:
“I have been called a bigot, an ableist, a homophobe and a transphobe,” Mr. Meijer said in an interview on Wednesday. “I fundamentally don’t understand how someone can take my very good faith concern about the potential for exploitation and spin that into discriminating against people with a disability.”
What a bizarre case for the ACLU to take on.
Agree. Also... a Down’s syndrome drag show. What... the... hell?
I suppose retards like drag too.
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User avatar 160.DocZaius » Mon Sep 09, 2019 4:08 pm

If you really want to see the down's syndrome drag nite:

https://www.itv.com/news/2018-06-07/dra ... rag-night/
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161.9508 » Mon Sep 09, 2019 4:11 pm

Nope
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User avatar 162.RIP » Mon Sep 09, 2019 4:20 pm

hard no
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163.52:20 » Mon Sep 09, 2019 11:41 pm

Wtf
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User avatar 164.DocZaius » Tue Sep 10, 2019 2:39 pm

83-year-old Houston lawyer is accused of slapping the attorney who is suing him


An 83-year-old Houston lawyer was charged with misdemeanor assault last week for allegedly slapping an attorney who is suing him on behalf of a woman contesting attorney fees.

Retired personal injury lawyer Ronald “Ronny” Krist is accused of slapping lawyer Greg Enos at Enos’ Webster, Texas, office on Aug. 21 before a scheduled deposition, the Texas Lawyer reports.

Security cameras recorded the encounter. Krist shakes his finger and swings his arm at Enos. Enos says Krist’s swing made contact, and it was a slap.

Krist’s son Scott, who represents his father in the attorney fee litigation, doesn’t contest that his father slapped Enos.

Ronny Krist “slapped the shit out of him, and deservedly so,” Scott Krist told the Texas Lawyer.


According to Scott Krist, his father was angry because Enos was disrespectful at the beginning of the litigation. Before the slap, Ronny Krist warned Enos not to be disrespectful again or he would “slap the shit” out of him, Scott Krist said. Enos replied that he would like to see Ronny Krist try.
I love that the defense is "he deserved it." And I'd hardly call that "slapping the shit out of him."
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User avatar 165.DocZaius » Mon Sep 16, 2019 7:10 pm

https://www.usatoday.com/story/travel/a ... 310176001/
A former SkyWest pilot filed a federal defamation lawsuit Tuesday against the two South Dakota police officers who arrested him for failing a breathalyzer test, saying he has been unable to find work since the 2016 incident despite being cleared by a blood test.

According to his complaint, Russell Duszak says Transportation Safety Administration officers reported him to airport police at Rapid City Regional Airport on Oct. 26, 2016, after an agent reported she "may have smelled the odor of alcohol" on a pilot going through security.

Less than 15 minutes later, Officer Paul Hinzman boarded Duszak's aircraft and entered the cockpit, where the Duszak was in the co-pilot seat performing pre-flight checks.

"Mr. Duszak was alone on the flight deck and functioning in his assigned capacity, as First Officer of the aircraft, with zero impairment," the complaint states, adding that Hinzman escorted him off the plane to a private room for questioning.

Duszak, a Utah resident, claims Hinzman never performed any field sobriety tests prior to detaining him, reporting only that he detected a slight odor of alcohol and redness in the pilot's eyes. The pilot says that he requested a blood test immediately upon being detained but was denied.

At that point, he says Hinzman called for backup and Officer Jerred Younie responded, arriving at around 10:48 a.m. CST, two-and-a-half hours into Duszak's detention.

Younie administered a Breathalyzer test, which registered his blood alcohol content (BAC) as .046, which is over the FAA's limit for pilots and other sensitive airline staff.

Younie did not arrest him at that point, the complaint says, because he "was confused about the law." Instead, he kept the pilot detained in the room while he left the airport to seek guidance from his bosses.

He returned around 12:30 p.m. CST, arrested Duszak for "attempting to operate an aircraft above .04 BAC based solely on a positive PBT (portable breath test) result with no other evidence" and took him to the police station, where he obtained a search warrant for a blood test, according to the lawsuit.

The lawsuit asserts Younie drew Duszak's blood at approximately 12:48 p..m., two hours after the breathalyzer test and nearly five hours after the TSA officer said she smelled alcohol on him.

The pilot claims that Younie charged and jailed him before receiving the result of the blood test, which came back two days later. Toxicology results put his at BAC .015, below the FAA limit, prompting prosecutors to dismiss the charges.

But the damage had already been done, Duszak's lawsuit claims. It accuses Hinzman and Younie of defaming and slandering his personal and professional reputations in the media.

According to the complaint, the police "fed the media the false narrative that Mr. Duszak was 'drunk' and that 'safety of passengers' was at issue. Defendants used the media reports as a way to bolster their arrest statistics and bolster their image that they protected the public from a 'drunk' pilot.' "

As a result, Duszak says SkyWest, his employer of more than 10 years, fired him two days later on Oct. 28 and he has not been able to find work as a pilot since then. In the meantime, he has "suffered substantial financial injuries" including the legal costs incurred in fighting the criminal charge as well as as defending his pilot certificate.

USA TODAY has contacted SkyWest to ask why Duszak was fired despite passing his blood test and having the criminal charges dismissed. The airline has not responded.

Duszak, who is seeking a jury trial and compensatory and punitive damages, is suing on the grounds of illegal detention, malicious prosecution, stigma and due process claim.

After reading of the lawsuit, Rapid City Police Chief Karl Jegeris questioned Duszak's tactics on Twitter.

"I have a high degree of respect for airline pilots, but I insist they be completely sober when flying aircraft out of RAP," Jegeris wrote, referring to the airport code for Rapid City. "This pilot blew 0.046 BAC (blood alcohol content) on a portable breathalyzer test. Suing the Police Officers involved is absurd."



it's unclear whether Younie and Hinzman are still with the Rapid City Police Department or why the department itself was not named in the suit.

USA TODAY has requested comment from Jegeris as well as Duszak's attorney, Troy K. Walker, who did not immediately respond.
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User avatar 166.DocZaius » Mon Sep 16, 2019 8:19 pm

http://loweringthebar.net/2019/09/calif ... posse.html
Until August 30, adult Californians who refused to join a posse could be fined up to $1,000 under section 150 of the state’s penal code. But on that date, the governor signed SB 192, so that requirement is now a thing of the past.

You can still join a posse voluntarily, of course, you just can’t be forced to do it.

Since 1872, the law in California has said this:
Every able-bodied person above 18 years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who… may have escaped from arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any [officer or judge] is punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000).
Most people are familiar with the word “posse” from movies, I think, but few realize that in most states—apparently all but four—it is in fact still illegal for them not to join a posse if the sheriff demands it. (I made fun of South Carolina for this in my book, The Emergency Sasquatch Ordinance, somehow still available on Amazon to this very day, but I was just picking on it as an example.) These laws date back not just to the original 13 colonies but all the way back to ninth-century England, according to this excellent post (excellent but longer law-review version here).

Today, of course, we have ginormous police forces who are very, very, very, very heavily armed and often quite eager to use those arms, but until pretty recently such a thing did not exist. If there was a problem that took more than one county sheriff to solve, he had to go out and get people to help him, which he did by exercising the “power of the county,” or posse comitatus. It was the duty of every able-bodied citizen to join if necessary.

Sort of like jury duty, but with guns.

Although it sounds like great fun, there just aren’t as many opportunities to form posses as there used to be. According to the state legislature’s bill analysis, it could not find any examples of the California Posse Comitatus Act of 1872 being put to use in the last 50 years. This is a little surprising, since the list of officers who theoretically have the power to force compliance include everybody from the Highway Patrol to the marshal of the California State Fair. But maybe they didn’t know they could use it. Too late now.

The repeal measure passed overwhelmingly. It was unanimous in the state Senate, and 63-5 in the Assembly. Only one group seems to have filed an argument in opposition. Can you guess who? Yes, the California State Sheriffs’ Association. “We are unfamiliar with concerns with this statute other than it was enacted many years ago and carries a fine for a person who disobeys it,” the sheriffs said. Yes, just because something was enacted during Ulysses S. Grant’s first term doesn’t mean it isn’t useful today, if you might be able to punish somebody with it. That’s what I always say.
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167.evil gator » Mon Sep 16, 2019 8:33 pm

oh sure laugh now but it will be a problem when the zombpocalypse hits
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168.evil gator » Tue Sep 17, 2019 5:40 pm

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User avatar 169.DocZaius » Thu Sep 19, 2019 5:33 pm

People are constantly commenting at work about how great I look. Do I have a case?
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170.9508 » Thu Sep 19, 2019 5:34 pm

People are constantly commenting at work about how great I look. Do I have a case?
It is Thursday...
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User avatar 171.DocZaius » Thu Sep 19, 2019 5:37 pm

AZ Supreme Court rules free speech trumps anti-discrimination law:

https://cronkitenews.azpbs.org/2019/09/ ... ation-law/
WASHINGTON – The Arizona Supreme Court Monday sided with two Phoenix women who said a city law aimed at preventing discrimination would have forced them to violate their Christian faith by creating custom invitations for same-sex weddings.

A narrow majority of the court said that the religious convictions of Brush & Nib owners Joanna Duka and Breanna Koski “may seem old-fashioned, or even offensive to some,” but they are still covered by the Arizona Constitution’s protection of free speech.

“The guarantees of free speech and freedom of religion are not only for those who are deemed sufficiently enlightened, advanced, or progressive. They are for everyone,” Justice Andrew Gould wrote for the majority in the 4-3 decision.

Gould said the case was only about freedom of speech and religion, and that it was “mischaracterization” to say it dealt with “discriminatory conduct based on a customer’s sexual orientation.”

But in a dissenting opinion, Justice Scott Bales said discrimination by a business is exactly what the case was about, “even if that disapproval is based on sincerely held religious beliefs.”

“This case does not concern the content of the made-to-order wedding products, but instead the identity of the customer and end user. Such a refusal constitutes discrimination based on sexual orientation,” Bales wrote.

“Arizona’s free speech clause does not entitle Brush & Nib or its owners to refuse to provide goods and services for same-sex couples that it otherwise provides to opposite-sex couples,” he wrote.

Duka and Koski own a custom stationery company that creates hand-drawn and lettered documents that they consider expressions of art. The two were never approached by a same-sex couple asking for custom wedding invitations, according to court documents, but they filed a pre-emptive suit against the city in 2016, claiming that Phoenix’s Human Relations Ordinance would have forced them to create the invitations against their will if someone did ask.
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172.9508 » Thu Sep 19, 2019 5:40 pm

How do you have standing to sue when you haven’t had a same sex couple come to your store?
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173.GFY » Thu Sep 19, 2019 7:38 pm

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User avatar 174.DocZaius » Thu Sep 19, 2019 7:55 pm

How do you have standing to sue when you haven’t had a same sex couple come to your store?
Arizona law probably has its own nuances, but you don't always need to have suffered an injury to establish standing. If you can show that you are likely to suffer an imminent harm, then you could be deemed by a court to have standing. The opinion, also notes that they plaintiffs had actually suffered a legal injury - the chilling of their free speech rights (standing is discussed on p.12-13).

I'm not an expert in this area, so I don't know if the opinion is in line with other similar cases, but decisions on the issue of standing can be wildly inconsistent from one judge to the next.
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175.9508 » Thu Sep 19, 2019 7:56 pm

How do you have standing to sue when you haven’t had a same sex couple come to your store?
Arizona law probably has its own nuances, but you don't always need to have suffered an injury to establish standing. If you can show that you are likely to suffer an imminent harm, then you could be deemed by a court to have standing. The opinion, also notes that they plaintiffs had actually suffered a legal injury - the chilling of their free speech rights (standing is discussed on p.12-13).

I'm not an expert in this area, so I don't know if the opinion is in line with other similar cases, but decisions on the issue of standing can be wildly inconsistent from one judge to the next.
I appreciate the insight
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