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Court: School ban of US flag shirts allowed
Law Firm Press Release |
2014/02/28 16:06
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A Northern California high school's decision to order students wearing American flag T-shirts to turn the garments inside out during a celebration of the holiday Cinco de Mayo was appropriate, a federal appeals court ruled Thursday.
The 9th U.S. Circuit Court of Appeals said the school officials' concerns of racial violence outweighed students' freedom of expression rights. Administrators feared the American-flag shirts would enflame the passions of Latino students celebrating the Mexican holiday. Live Oak High School, in the San Jose suburb of Morgan Hill, had a history of problems between white and Latino students on that day.
The unanimous three-judge panel said past problems gave school officials sufficient and justifiable reasons for their actions. The court said schools have wide latitude in curbing certain civil rights to ensure campus safety.
"Our role is not to second-guess the decision to have a Cinco de Mayo celebration or the precautions put in place to avoid violence," Judge M. Margaret McKeown wrote for the panel. The past events "made it reasonable for school officials to proceed as though the threat of a potentially violent disturbance was real," she wrote.
The case garnered national attention as many expressed outrage that students were barred from wearing patriotic clothing. The Ann Arbor, Mich.-based American Freedom Law Center, a politically conservative legal aid foundation, and other similar organizations took up the students' case and sued the high school and the school district.
William Becker, one of the lawyers representing the students, said he plans to ask a special 11-judge panel of the appeals court to rehear the case. Becker said he would appeal to the U.S. Supreme Court if he loses again. |
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Farmer pleads guilty in pot growing scheme
Law Firm Press Release |
2014/02/10 15:07
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A Northern California farmer renowned nationally for his heirloom tomatoes has pleaded guilty to leasing out his greenhouses for growing marijuana.
Sixty-four-year-old Thomas Jopson of Sutter County pleaded guilty to conspiracy to manufacture at least 50 marijuana plants, three years after 2,168 marijuana plants were seized from the ranch of Thomas and David Jopson in Rio Oso.
The Sacramento Bee reports that an Oakland medical marijuana entrepreneur, Yan Ebyam, faces trial March 3 for allegedly setting up marijuana cultivations at the ranch and at a wholesale florist greenhouse in Sacramento County.
U.S. District Judge United States John A. Mendez ordered Thomas Jopson to appear for sentencing June 24. According to statements in court, David Jopson is expected to plead guilty on Feb. 18. |
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Judge finds Citgo guilty of Clean Air Act felonies
Law Firm Press Release |
2014/02/06 16:33
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A South Texas judge has fined Citgo Petroleum more than $2 million after finding it guilty of felony violations of the U.S. Clean Air Act by its Corpus Christi refinery.
U.S. District Judge John Rainey handed down his verdict and punishment Wednesday in Corpus Christi.
Dozens of residents near Citgo's Corpus Christi refinery testified that they were sickened by pollution from the refinery. The Corpus Christi Caller-Times reports prosecutors accused the Venezuelan-owned company of not installing roofs on two oil-water separator tanks the company operated between 1994 and 2003.
Dick DeGuerin of Houston, who represented Citgo, said the company will appeal the conviction.
Melissa Jarrell, a Texas A&M-Corpus Christi associate criminal justice professor, predicted the verdict could prompt other air pollution victims to seek similar prosecutions elsewhere. |
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High court rules against steelworkers' claim
Law Firm Press Release |
2014/01/27 14:25
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The Supreme Court says steelworkers do not have to be paid for time they spend putting on and taking off protective gear they wear on the job.
The court was unanimous Monday in ruling in favor of United States Steel Corp. over workers' claims that they should be paid under the terms of federal labor law for the time it takes them to put on flame-retardant jackets and pants, safety glasses, earplugs, hardhats and other equipment.
Justice Antonin Scalia said for the court that the labor agreement between the company and the workers' union says the employees don't get paid for time spent changing clothes. Scalia said most of the items count as clothing. He said earplugs, glasses and respirators are not clothing, but take little time to put on. |
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Supreme Court Upholds Hawaii Reapportionment
Law Firm Press Release |
2014/01/24 14:26
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The Supreme Court has upheld Hawaii's reapportionment plan that leaves out some military personnel and students when calculating population and determining state legislative districts.
The justices affirmed a lower court ruling without comment Tuesday.
Voters challenging the reapportionment plan said it wrongfully excluded more than 108,000 military members, their families and university students. But a three-judge court in Hawaii found that the plan did not violate the Constitution's right to equal protection.
The case is Kostick v. Nago, 13-456. |
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