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Transgender woman in Supreme Court case 'happy being me'
Court News | 2019/09/26 22:47
Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.

But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.

The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.

The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.

The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.


Bulgarian court to eye revoking parole for Australian man
Legal Interview | 2019/09/23 22:49
Bulgaria's highest court says it will look into a petition by the chief prosecutor to revoke the parole by a lower court to an Australian man convicted of fatally stabbing a Bulgarian student during a 2007 brawl.

The Supreme Court of Cassation announced Thursday it will hold a hearing Oct. 23 to review a lower court's ruling to grant parole to Jock Palfreeman. The Australian man had served 11 years of his 20-year prison sentence when a three-judge Court of Appeals panel unexpectedly ordered him freed last Thursday.

The 32-year-old left prison but was transferred to an immigration detention facility to await a new passport from the nearest Australian Embassy, in Athens.

The release of the Australian has sparked angry reactions among Bulgarians, who accused the judiciary of double standards and a leniency toward foreigners.

Palfreeman's lawyer, Kalin Angelov, said he had advised Australian authorities to speed up the passport and put Palfreeman on a plane home.

The new development, however, means that Palfreeman has to remain in custody pending the supreme court's ruling and "for his personal security," according to Deputy Interior Minister Stefan Balabanov.

Dozens of relatives and friends of the slain student rallied Thursday in downtown Sofia to protest Palfreeman's parole.


High Court overturns city mandate on construction projects
Court News | 2019/09/19 22:50
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.

A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.

The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.

Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.

Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.



Buffalo Chip takes quest to become town before Supreme Court
Headline Legal News | 2019/09/16 22:52
The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."


Cock-a-doodle-doo! French rooster crows over court win
Headline Legal News | 2019/09/10 10:03
ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.

“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.

The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.

Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.

Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.


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