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Marijuana opponents using racketeering law to fight industry
Topics in Legal News |
2015/07/16 08:58
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A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.
A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the defendants agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.
With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won't stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.
"It is still illegal to cultivate, sell or possess marijuana under federal law," said Brian Barnes, lawyer for Safe Streets Alliance, a Washington-based anti-crime group that brought the lawsuits on behalf of neighbors of the two Colorado pot businesses.
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Wisconsin court ends probe of presidential hopeful Walker
Court Watch |
2015/07/15 08:58
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Presidential candidate Scott Walker won a major legal victory Thursday when Wisconsin's Supreme Court ended a secret investigation into whether the Republican's gubernatorial campaign illegally coordinated with conservative groups during the 2012 recall election.
No one has been charged in the so-called John Doe probe, Wisconsin's version of a grand jury investigation in which information is tightly controlled, but questions about the investigation have dogged Walker for months.
Barring an appeal to the U.S. Supreme Court, the ruling makes Walker's campaign that much smoother as he courts voters in early primary states.
"Today's ruling confirmed no laws were broken, a ruling that was previously stated by both a state and federal judge," said Walker's spokeswoman Ashlee Strong. "It is time to move past this unwarranted investigation that has cost taxpayers hundreds of thousands of dollars."
The case centers on political activity conducted by Wisconsin Club for Growth and other conservative organizations during the 2012 recall, which was spurred by Democrats' anger over a Walker-authored law that effectively ending collective bargaining for most public workers.
The justices cited free speech in effectively tossing out the case, ruling state election law is overbroad and vague in defining what amounts to "political purposes."
Justice Michael Gableman, part of the court's conservative majority, praised the groups for challenging the investigation.
"It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution," Gableman wrote in the majority opinion.
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Court: New health law doesn't infringe on religious freedom
Legal Business |
2015/07/12 08:57
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The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.
The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.
Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.
The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.
"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.
The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain.
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Religious beliefs, gay rights clash in court case over cake
Court Watch |
2015/07/09 14:29
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A suburban Denver baker who refused to make a wedding cake for a gay couple will argue in court Tuesday that his religious beliefs should protect him from sanctions against his business.
The case underscores how the already simmering tension between religious-freedom advocates and gay-rights supporters is likely to become more heated in the aftermath of the U.S. Supreme Court's landmark ruling last month legalizing same-sex marriage nationwide.
"What the relationship is between that reality and sort of what that will mean for things like service provisions is where I think the battles will really be fought now," said Melissa Hart, a law professor at the University of Colorado.
The 2012 case before the Colorado Court of Appeals has ignited a passionate debate over whether individuals can cite their beliefs as a basis for declining to participate in a same-sex wedding ceremony or if such refusals on religious grounds can lead to discrimination allegations.
Gay couples have won battles in other states.
Last week, the owners of a Portland, Oregon-area bakery that declined to make a wedding cake for a gay couple two years ago were ordered to pay $135,000 in damages. Two years ago, the New Mexico Supreme Court ruled that a photographer who wouldn't take pictures of a gay couple's 2006 commitment ceremony violated the state's discrimination law.
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Appeals court upholds parts of Arizona ethnic studies ban
Legal Interview |
2015/07/09 14:29
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A federal appeals court on Tuesday kept alive a legal challenge brought by former students who sued Arizona over a ban on ethnic studies in public schools and who will have a new chance to argue the law discriminates against Mexican Americans.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld most of a lower court's decision. But it sent the case back to a federal court in Tucson, where a judge will decide whether the ban was enacted with discriminatory intent in violation of the U.S. Constitution.
Attorneys for the students claimed victory based on the part of the ruling that provides them new opportunity to go before a judge and make their case on a key provision of their argument. A spokesman for the Arizona Attorney General's Office said the agency was still reviewing the ruling and did not have immediate comment.
The law was passed by the Arizona Legislature in the same session that lawmakers enacted the landmark immigration legislation known as SB1070. It shuttered the Tucson Unified School District's popular Mexican-American studies program, sparking protests from students who they benefited from the courses. The majority of students in the district are Hispanic. The program taught them about historic events relating to the Mexican-American experience such as their indigenous roots and the Mexican Revolution.
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