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Court says Disneyland can keep Segway ban
Top Court Watch | 2013/07/26 10:58
A California appeals court says Disneyland Resort can keep a ban on Segways at its parks.

The Orange County Register says the court ruled last week against a woman with muscular dystrophy who sued for discrimination four years ago because she couldn't use a Segway at Disneyland.

The 4th District Court of Appeal says Disney showed that the stand-up, two-wheeled scooter was unsafe to use inside the crowded Anaheim park.

Disney has since developed its own four-wheel standing scooter for use in the park.


Pitt schools segregation lawsuit in federal court
Law & Court News | 2013/07/23 10:37
Nearly 60 years after the U.S. Supreme Court struck down racial segregation in public schools, lawyers are set to square off in a federal courtroom in eastern North Carolina over whether the effects of that Jim Crow past still persist.

A trial was to begin Monday in U.S. District Court in Greenville in the case of Everett v. Pitt County Board of Education.

A group of black parents represented by the UNC Center for Civil Rights will ask the court to reverse a 2011 student assignment plan they say effectively resegregated several schools in the district.

Lawyers for the Pitt schools will ask a judge to rule that the district has achieved "unitary status," meaning the "vestiges of past discrimination have been eliminated to the extent practicable." The designation would end federal oversight of the Pitt schools, in place since the 1960s.

This case is the first of its kind brought in North Carolina since 1999. More than 100 school districts across the South are still under federal court supervision. The decision in the Pitt case is expected to be widely followed by those other school systems.

Mark Dorosin, the managing attorney for the UNC Center for Civil Rights, said the case is a critical test of the continued viability of one of the most fundamental principles of school desegregation: That school districts still under court order must remedy the lasting vestiges of racial discrimination.



Arizona high court to hear school funding case
Attorney Blog News | 2013/07/23 10:36
The Arizona Supreme Court on Tuesday hears arguments in an appeal of a lower court's ruling that requires the state Legislature to give schools an annual funding increase even in lean years to account for inflation.

The high court is reviewing a Court of Appeals decision. It said a voter-approved law requires the Legislature to provide an annual inflation adjustment for state funding to public schools.

School districts and education groups sued after the Legislature in 2010 instead only increased schools' transportation funding, eliminating a $61 million increase in general school spending.

The Supreme Court says it is considering is whether the Voter Protection Act allows voters to require the legislature to increase funding for schools.

The Voter Protection Act severely restricts the Legislature's to change voter-approved laws.


Court: Legal status can't be used in civil cases
Attorney Blog News | 2013/07/17 20:22
A person's legal status in the country can't be used in civil cases by attorneys to intimidate or coerce under a new rule approved by the Washington Supreme Court last week.

Since 2007, advocates have been working to make the change to the Rules of Professional conduct that attorneys licensed in the state must adhere to following. The lobbying began after members of the Latino/a Bar Association of Washington had seen attorneys and, in some cases, judges discuss a person's legal status in the country openly in court to intimidate.

"We thought it was unethical to do," said Lorena Gonzalez, who was president of the attorney association at the time. "We looked at the rules there was silence on the issue."

The rule does not affect criminal cases, but does cover civil matters, such as family disputes, personal injury claims, workplace cases, medical malpractice and other fields.




Colo. senators go to court to halt recall efforts
Top Court Watch | 2013/07/16 20:22
Two Colorado Democratic state senators facing recalls over their support for new gun restrictions argued Wednesday to stop the proceedings, telling a judge the petitions against them are invalid and that no election should be set until judicial review is complete.

State Senate President John Morse of Colorado Springs and Pueblo Sen. Angela Giron argue the recall petitions against them were improperly worded and didn't ask for an election to appoint a successor.

Denver District Court Judge Robert Hyatt heard arguments Wednesday and will rule Thursday afternoon whether to grant a preliminary injunction.

Supporters of the recall maintain their petitions are valid. The Secretary of State's office has agreed and is seeking a court order to force Democratic Gov. John Hickenlooper to set an election date.




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