What The Government Cant Do For You: Court

Showing posts with label Court. Show all posts

Friday, April 26, 2013

Colorado Appeals Court Rules Employers Can Fire Marijuana Users

Colorado employers can legally fire marijuana users from their jobs, the state Court of Appeals ruled Thursday in a 2-1 decision.

by Phillip Smith
Drug War Chronicle
April 26, 2013

Although the case was brought by a medical marijuana user, the ruling will have any even broader impact given that the state has now legalized marijuana for all adults.

Coats challenged his firing, citing Colorado’s Lawful Activities statute, which prohibits employers from firing workers for “engaging in any legal activity off the premises of the employer during nonworking hours.” But both the trial court and now the appeals court rejected his challenge, holding that because marijuana remains illegal under federal law, the Lawful Activities statute does not apply.

“For an activity to be lawful in Colorado, it must be permitted by, and not contrary to, both state and federal law,” the appeals court said.

Judge John Webb dissented, saying he could not find a case addressing whether Colorado judges must consider federal law in determining the meaning of the Colorado statute.

Coats’ attorney, Michael Evans, said in a statement that the ruling will have a broad impact in the state.

“This case not only impacts Mr. Coats, but also some 127,816 medical marijuana patient-employees in Colorado who could be summarily terminated even if they are in legal compliance with Colorado state law,” Evans said.

And with adult marijuana legalization now in place in the state, it is not just medical marijuana users who stand to be affected.

The ruling is expected to be appealed.

Similar rulings allowing employers to fire medical marijuana users have been upheld by courts in other states, including California, Michigan, and Montana.

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Sunday, April 7, 2013

California Court: Checking Maps On Your Phone While Driving is Illegal

For years, we’ve discussed the problematic nature of “distracted driving” laws that seek to outlaw things like talking on your phone or texting while driving.

by Mike Masnick
Tech Dirt
April 8, 2013

It is not that we don’t think these behaviors are dangerous. It seems clear that those activities can take one’s attention away from driving and potentially increase the likelihood of an accident by a significant amount. However, the laws are often broad and inconsistent — and, worse, they can have serious unintended consequences. As we’ve noted there are lots and lots of things that can distract a driver which are still considered perfectly legal, such as changing the radio station, talking to passengers, eating, etc. Trying to ban each and every distraction one by one is a ridiculous and impossible task. In fact, studies have suggested that bad distracted drivers will often just find a different distraction to occupy their time. And, thanks to these laws, those drivers are often still texting while driving, but are simply holding their phones even lower, taking their eyes further off the road, so as to avoid detection… actually making the roads more dangerous. The real answer is to focus on stopping bad driving, not trying to call out specific activities.

Anyway, all of that is preamble to a new court ruling in California, found by Orin Kerr, saying that using a mobile phone to check a mapping/GPS program violates the state’s law against distracted driving. The driver had argued that the laws are about talking on a phone and/or texting/surfing the internet, but that clearly using a mapping program should be allowed. The court disagreed, even as it acknowledged some of the oddities of what that meant, and said it’s really the job of the state lawmakers to figure out what they want to do.

The ruling doesn’t totally rule out using a phone’s mapping program, but does suggest it needs to be set up in a manner where it is done handsfree, where the driver does not need to hold or touch the phone. Basically, the ruling suggests that it’s mostly illegal to touch your mobile phone while driving. The driver noted that this interpretation didn’t make much sense, since the legislature had felt the need to add a specific clause to outlaw texting/messaging on phones, but if the overall bill banned any non-hands-free operations, then that would have already been covered. The court disagrees, claiming (oddly) that the added provision also served the purpose of banning non-telephone mobile devices. That may be true, but doesn’t explain why that provision also called out messaging services for telephones.

All that said, I generally agree that if you are using mapping software it is probably a hell of a lot safer to somehow have it mounted on your dash, rather than in your hand — but still this ruling seems to once again highlight the oddities of these particular laws, and how confusing and ineffective they can be.

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Portugal Considers Paying Workers in T-Bills to Circumvent Court Ruling that Austerity Measure are Unconstitutional

Last week, ahead of a ruling by the Portuguese Constitutional Court on whether or not the austerity measures it approved were legal, Portugal’s PSI stock market took a dive.

PSI Stock Index

On March 25 the index was at 6023. It closed at 5637 on April 5 a decline of 6.4%

Court Rejects Budget

On April 5, Portugal constitutional court rejects budget articles

Portugal’s Constitutional Court has ruled several key articles of the 2013 state budget unconstitutional.
It rejected four out of nine contested austerity measures from the budget.

It will deprive the state of some 1.5bn euros (£1.3bn) in savings the government had said were necessary to meet the terms of a eurozone bailout.

The court rejected a measure to scrap summer holiday bonuses for public sector workers and pensioners, as well as cuts to unemployment and sickness benefits.

Prime Minister Pedro Passos Coelho did not react to the decision immediately but called an extraordinary cabinet meeting for Saturday.

For most Portuguese workers, the annual tax rises are equivalent to more than a month’s wages. The standard income tax rate is rising from 24.5% to 28.5%.

The savings are Portugal’s toughest in living memory, aimed at meeting the terms of a 78bn-euro (£64bn) bailout.

Portugal Considers Paying Workers in T-Bills

One might think the Portuguese government would have gotten the message or at least the spirit of the message but one would be wrong.

The Wall Street Journal reports Portugal Mulls Paying Workers in T-Bills as a means to circumvent the court ruling.

The Portuguese government is considering a plan to pay public workers and pensioners one month of their salary in treasury bills rather than cash after a high court ruled out wage cuts, a person familiar with the situation said Sunday.
The Portuguese government warned Saturday that the court’s decision will put into question the country’s ability to fulfill its €78 billion ($ 101 billion) international bailout program.

Specifically, the court rejected plans to cut one of the 14 paychecks that public workers usually get each year and to slash 6.4% from pensions for retirees.

By paying one month of salary in T-bills to public workers and pensioners, the government would save an estimated €1.1 billion in expenses, narrowing the budget gap significantly

Plan “C” Coming Up

The idea that paying workers in T-Bills (debt) can fulfill austerity agreements is of course preposterous. I highly doubt Brussels will go along with this scheme, and if so Portugal will soon be back at the drawing board. Plan “C” is coming up.

Mike “Mish” Shedlock
http://globaleconomicanalysis.blogspot.com

Mish’s Global Economic Trend Analysis

Portugal Considers Paying Workers in T-Bills to Circumvent Court Ruling that Austerity Measure are Unconstitutional

Federal Court Upholds Right to Keep and Bear Arms and Awards the NRA $125,000 in Attorney"s Fees

Saturday, April 6, 2013

Federal Court Upholds Right to Keep and Bear Arms and Awards the NRA $125,000 in Attorney"s Fees

Friday, April 5, 2013

Federal Court Upholds Right to Keep and Bear Arms and Awards the NRA $125,000 in Attorney"s Fees

People"s Court Orders Abortion Meds for Grade Schoolers

Study: Success has many fathers but failure becomes a government program

US Media: Can Pope Francis possibly clear up Vatican bureaucracy and banking without blaming the previous administration?

Michelle Obama praises weekend rampage by Chicago teens as good way to burn calories and stay healthy

This Passover, Obama urges his subjects to paint lamb’s blood above doors in order to avoid the Sequester

White House to American children: Sequester causes layoffs among hens that lay Easter eggs; union-wage Easter Bunnies to be replaced by Mexican Chupacabras

Time Mag names Hugo Chavez world’s sexiest corpse

Boy, 8, pretends banana is gun, makes daring escape from school

Study: Free lunches overpriced, lack nutrition

Oscars 2013: Michelle Obama announces long-awaited merger of Hollywood and the State

Joe Salazar defends the right of women to be raped in gun-free environment: ‘rapists and rapees should work together to prevent gun violence for the common good’

Dept. of Health and Human Services eliminates rape by reclassifying assailants as ‘undocumented sex partners’

Kremlin puts out warning not to photoshop Putin riding meteor unless bare-chested

Deeming football too violent, Obama moves to introduce Super Drone Sundays instead

Japan offers to extend nuclear umbrella to cover U.S. should America suffer devastating attack on its own defense spending

Feminists organize one billion women to protest male oppression with one billion lap dances

Urban community protests Mayor Bloomberg’s ban on extra-large pop singers owning assault weapons

Concerned with mounting death toll, Taliban offers to send peacekeeping advisers to Chicago

Karl Rove puts an end to Tea Party with new ‘Republicans For Democrats’ strategy aimed at losing elections

Answering public skepticism, President Obama authorizes unlimited drone attacks on all skeet targets throughout the country

Skeet Ulrich denies claims he had been shot by President but considers changing his name to ‘Traps’

White House releases new exciting photos of Obama standing, sitting, looking thoughtful, and even breathing in and out

New York Times hacked by Chinese government, Paul Krugman’s economic policies stolen

White House: when President shoots skeet, he donates the meat to food banks that feed the middle class

To prove he is serious, Obama eliminates armed guard protection for President, Vice-President, and their families; establishes Gun-Free Zones around them instead

State Dept to send 100,000 American college students to China as security for US debt obligations

Jay Carney: Al Qaeda is on the run, they’re just running forward

President issues executive orders banning cliffs, ceilings, obstructions, statistics, and other notions that prevent us from moving forwards and upward

Fearing the worst, Obama Administration outlaws the fan to prevent it from being hit by certain objects

World ends; S&P soars

Riddle of universe solved; answer not understood

Meek inherit Earth, can’t afford estate taxes

Greece abandons Euro; accountants find Greece has no Euros anyway

Wheel finally reinvented; axles to be gradually reinvented in 3rd quarter of 2013

Bigfoot found in Ohio, mysteriously not voting for Obama

As Santa’s workshop files for bankruptcy, Fed offers bailout in exchange for control of ‘naughty and nice’ list

Freak flying pig accident causes bacon to fly off shelves

Obama: green economy likely to transform America into a leading third world country of the new millennium

Report: President Obama to visit the United States in the near future

Obama promises to create thousands more economically neutral jobs

Modernizing Islam: New York imam proposes to canonize Saul Alinsky as religion’s latter day prophet

Imam Rauf’s peaceful solution: ‘Move Ground Zero a few blocks away from the mosque and no one gets hurt’

Study: Obama’s threat to burn tax money in Washington ‘recruitment bonanza’ for Tea Parties

Study: no Social Security reform will be needed if gov’t raises retirement age to at least 814 years

Obama attends church service, worships self

Obama proposes national ‘Win The Future’ lottery; proceeds of new WTF Powerball to finance more gov’t spending

Historical revisionists: “Hey, you never know”

Vice President Biden: criticizing Egypt is un-pharaoh

Israelis to Egyptian rioters: “don’t damage the pyramids, we will not rebuild”

Lake Superior renamed Lake Inferior in spirit of tolerance and inclusiveness

Al Gore: It’s a shame that a family can be torn apart by something as simple as a pack of polar bears

Michael Moore: As long as there is anyone with money to shake down, this country is not broke

Obama’s teleprompters unionize, demand collective bargaining rights

Obama calls new taxes ‘spending reductions in tax code.’ Elsewhere rapists tout ‘consent reductions in sexual intercourse’

Obama’s teleprompter unhappy with White House Twitter: “Too few words”

Obama’s Regulation Reduction committee finds US Constitution to be expensive outdated framework inefficiently regulating federal gov’t

Taking a page from the Reagan years, Obama announces new era of Perestroika and Glasnost

Responding to Oslo shootings, Obama declares Christianity “Religion of Peace,” praises “moderate Christians,” promises to send one into space

Republicans block Obama’s $ 420 billion program to give American families free charms that ward off economic bad luck

White House to impose Chimney tax on Santa Claus

Obama decrees the economy is not soaring as much as previously decreeed

Conservative think tank introduces children to capitalism with pop-up picture book “The Road to Smurfdom”

Al Gore proposes to combat Global Warming by extracting silver linings from clouds in Earth’s atmosphere

Obama refutes charges of him being unresponsive to people’s suffering: “When you pray to God, do you always hear a response?”

Obama regrets the US government didn’t provide his mother with free contraceptives when she was in college

Fluke to Congress: drill, baby, drill!

Planned Parenthood introduces Frequent Flucker reward card: ‘Come again soon!’

Obama to tornado victims: ‘We inherited this weather from the previous administration’

Obama congratulates Putin on Chicago-style election outcome

People’s Cube gives itself Hero of Socialist Labor medal in recognition of continued expert advice provided to the Obama Administration helping to shape its foreign and domestic policies

Hamas: Israeli air defense unfair to 99% of our missiles, “only 1% allowed to reach Israel”

Democrat strategist: without government supervision, women would have never evolved into humans

Voters Without Borders oppose Texas new voter ID law

Enraged by accusation that they are doing Obama’s bidding, media leaders demand instructions from White House on how to respond

Obama blames previous Olympics for failure to win at this Olympics

Official: China plans to land on Moon or at least on cheap knockoff thereof

Koran-Contra: Obama secretly arms Syrian rebels

Poll: Progressive slogan ‘We should be more like Europe’ most popular with members of American Nazi Party

Obama to Evangelicals: Jesus saves, I just spend

May Day: Anarchists plan, schedule, synchronize, and execute a coordinated campaign against all of the above

Midwestern farmers hooked on new erotic novel “50 Shades of Hay”

Study: 99% of Liberals give the rest a bad name

Obama meets with Jewish leaders, proposes deeper circumcisions for the rich

Historians: Before HOPE & CHANGE there was HEMP & CHOOM at ten bucks a bag

Cancer once again fails to cure Venezuela of its “President for Life”

Tragic spelling error causes Muslim protesters to burn local boob-tube factory

Secretary of Energy Steven Chu: due to energy conservation, the light at the end of the tunnel will be switched off

Obama Administration running food stamps across the border with Mexico in an operation code-named “Fat And Furious”

Pakistan explodes in protest over new Adobe Acrobat update; 17 local acrobats killed

White House: “Let them eat statistics”

Special Ops: if Benedict Arnold had a son, he would look like Barack Obama

News we don

I Own The World
Supercommissar Maksim
It’s Big Fur Hat
Blur-Brain
Terry Colon
The Fine Report
The Looking Spoon
Sad Hill News
Professor Kurgman
kathy blog
FAQster
AWOL Civilization
BestObamaFacts.com
Looking at the Left
Red Planet Cartoons
Julia Gorin
Brain Terminal
Death By 1000 Papercuts
Zombietime

The People’s Cube