Courtroom Weekly: Courts rule on drugs and vacations

January 17, 2013

by: the State Court Staff

Drugs, vacations, unborn children and a mascot

Courtroom Weekly The latest and greatest in court cases around the nation In this issue... Featured case News from Hawaii News from New York News from Utah News from Wisconsin

Featured case Alabama Supreme Court ruling applies to unborn children   Court: Alabama Supreme Court The Alabama Supreme Court, ruling on a law intended to protect children from exposure to drugs, included unborn children in their definition of "child". The court pointed to "widespread legal recognition that unborn children are persons with rights that should be protected by law." The ruling, made on January 11, was praised by pro-life advocates. Alabama Attorney General Luther Strange stated, “ "The court has ratified our argument that the public policy of our state is to protect life, both born and unborn." ” The case dealt with the state's chemical endangerment of a child law, which makes it a crime to expose a child to drugs. The court upheld the convictions of Hope Ankrom, who pleaded guilty to child endangerment after she and her newborn son both tested positive for cocaine, and Amanda Helaine Borden Kimbrough, whose son died soon after birth due to exposure to methamphetamine.

News from Hawaii Hawaii Court orders Online Travel Companies to pay up   Court: O`ahu First Circuit Court, Hawaii Judge Gary W.B. Chang handed down a ruling last week, ordering online travel companies such as Expedia, Hotels.com, Hotwire, Orbitz, Travelocity and Priceline to pay a total of $150 million for the Hawaii General Excise Tax ("GET"). This amount includes the $40 million of interest being charged on top of $110 million of unpaid taxes. “ We are very pleased that Judge Chang recognized that the state’s GET casts a wide and tight net and that these taxes are owed and should be paid. Hawaii hotels are good corporate citizens, paying their fair share of taxes to support the state’s infrastructure, such as roads, schools, personnel and other costs, and the OTCs (Online Travel Companies) need to also play by the rules and pay their fair share. We look forward to reaching a final resolution and collecting these monies for the people of Hawaii. - Attorney General David Louie ” Expedia, Orbitz, Priceline and Travelocity released a statement commenting on how the ruling could harm tourism in Hawaii: “ This ruling will significantly increase costs for all tour operators, travel agents, OTCs, and other travel intermediaries that facilitate travel to Hawaii. Because demand for travel to Hawaii is acutely sensitive to price changes, this change in tax treatment will harm consumers and significantly reduce demand for Hawaii vacations. Travel Tech members intend to challenge this ruling as well as work cooperatively with tourism leaders and lawmakers to minimize the ruling’s damage to the Hawaii tourism economy. ” A trial date was set for April 15, 2013 to resolve any further issues.

News from New York New York Attorney General wins case to ban sale of mislabeled designer drugs   Court: New York Supreme Court 5th Judicial District New York Attorney General Eric Schneiderman has won a victory in the state's effort to keep retailers from selling deceptively labeled designer drugs. In a decision filed last week, Justice James P. McClusky of the Supreme Court 5th Judicial District in New York held business owner John Tebbetts III responsible for selling mislabeled drug products to consumers. Tebbetts, who owns and operates a chain of eight "head shops" in Central and Southern New York, denied that the products were intended for human consumption. However, Justice McClusky found clear evidence that "these items were marketed and sold for human consumption notwithstanding labeling that indicated it was not for human consumption." Tebbets was also found liable for the illegal sale of nitrous oxide, which was sold under circumstances that made it clear that it was being sold to provide users with a high, rather than for a legal use. The ruling "permanently bans the sale of any mislabeled, misbranded or unapproved drugs or intoxicants" and makes it "immediately illegal to mislabel and sell unapproved drugs and substances for human consumption," including illegal drugs like bath salts and synthetic marijuana. Attorney General Schneiderman's office conducted an undercover investigation into shops like those run by Tebbetts across the state, and discovered not only that retailers were selling designer drugs, but that their employees were promoting them and advising purchasers how to ingest them. Schneiderman filed lawsuits against 16 head shop locations. He has stated that Justice McClusky's ruling "will be another important tool in dismantling an insidious growth of illicit over-the-counter drug sales within our communities."

News from Utah Vacationing surfer entitled to unemployment benefits   Court: Utah Court of Appeals The Utah Court of Appeals ruled that a seasonal worker can obtain unemployment benefits during the tourist off-season despite the fact he went on vacation during that time instead of seeking full-time work. John Dorsey, a seasonal restaurant worker, was "temporarily released" by his employer during the tourist off-season and qualified for unemployment benefits through the state as a result. Dorsey used his time off for surfing trips off the coast of Mexico. When the Department of Workforce Services (DWS) discovered he was filing for unemployment benefits from outside of the country (thanks to the internet IP address he used in Mexico), they denied him further benefits and fined him a penalty for requesting and receiving the benefits fraudulently. Rules for receiving unemployment benefits require a person to report any international travel, as that person can be disqualified from receiving aid in such cases. Dorsey challenged the denial of unemployment benefits on the basis that he did not know he had to report international travel to the state. The Utah Court of Appeals sided with Dorsey in the end, stating he was "entitled to the benefits and should not have faced a penalty for fraud." DWS will now have to re-evaluate how it interprets state law on unemployment benefits and decide whether or not to pursue changes to the current law so that cases like this turn out differently in the future.

News from Wisconsin Wisconsin school refuses to drop 'Indians' name and logo   Court: Wisconsin Court of Appeals District II A Wisconsin school district, the Mukwonago Area School District in Waukesha County, has refused to change the name of its mascot, despite a law requiring them to do so and court backing upholding the law. The Mukwonago district's sports teams have been known by their mascot, the Indians, for over 80 years; their logo features an Indian man in feathered headdress. After a law was passed in 2010, the Department of Public Instruction (DPI) determined that the Mukwonago's mascot was race-based, and must be changed. At least one citizen complaint was issued citing personal objection to the name. Though the district was ordered to change their mascot and logo, they did not immediately do so, and several parents came together to sue the state to allow the district to keep its 'Indians' name. The parents argued that changing the name would cost the district money, roughly $100,000, which it could not afford. Additionally, it argued that the DPI was biased in finding fault with the mascot, as the organization had actively campaigned against race-based mascots. Circuit Court judge Donald Hassin initially sided with the parents, but the lawsuit continued and was elevated to the Second District of the Wisconsin Court of Appeals. In early January, the court ruled that the parents had no legal standing in the matter of the mascot and logo, and again ordered the district to take action to select a new name and image. The court has ordered the changes take place by 2014. On January 9th, the district Superintendent revealed that there were no plans to change the nickname and logo. The parents who initiated the lawsuit in favor of the current name are considering asking the Wisconsin Supreme Court to take up the case. Additionally, Representative Steve Nass says he is considering legislation that would repeal the law or modify it, requiring that a name be proven discriminatory against a student to be found unlawful.

See also

• Courtroom Weekly