“The Spokane City Council voted [unanimously Feb. 27] against a settlement in which a Spokane police officer fired in 2009 after a DUI and hit and run, would have been rehired and received $275,000. … Councilmember Mike Fagan said during the City Council meeting, ‘I not only say no, but I say hell no.’” [KREM] Attorney Bob Dunn, representing former officer Brad Thoma, said “his client was fired after the city refused to accommodate Thoma following a doctor’s diagnosis of alcoholism. ‘Disability law clearly identifies that alcoholism is just that a disability. Washington follows the ADA.’ The case started in 2009 when Thoma hit another vehicle while driving drunk then fled the scene.” Dunn said he would file a $4 million suit on behalf of Thoma. [same]
Tagged as:
alcohol,
disabled rights,
police,
Washington state
Brian Sullivan in the ABA Journal recounts the Northern California saga (earlier) of fake winery events, honeytrap Match.com paramours and other ploys by which detectives hired by angry spouses would try to entrap hubbies into DUI arrests, with police connivance.
Tagged as:
alcohol,
divorce
In Jefferson County, Colorado, police have filed misdemeanor charges against a substitute bus driver for allegedly heading into a crosswalk against the right of way, hitting three middle school students. After questions were raised about the school’s having hired the driver in October — “He was convicted on a DUI in 1992 and he was going through alcohol rehabilitation treatment as recently [as] 2009″ — a spokesman for the school district cited the following: “It is illegal under state and federal disability laws to deny employment solely on the basis of a history of treatment for alcohol or substance abuse.” There is no indication in the article that alcohol was a factor in the bus accident. [KDVR via Brian Martinez]
Tagged as:
alcohol,
disability & schools,
disabled rights
- Judge blocks California budget cuts re: in-home services for disabled [Mercury News]
- Media exploited her daughter for titillation, claims suit by mother of “Toddlers & Tiaras” star [Above the Law]
- Narrower definition of autism ahead? [Althouse]
- “Police Charge Canadian Blogger With Criminal Libel for Criticizing the Police” [Sullum, Popehat]
- Prince George’s County, Maryland, wants to ban liquor deliveries; no harm linked to them, but you can’t be too sure [Ben Giles, Washington Examiner] Centers for Disease Control’s curious definition of “binge” drinking [Sullum]
- The law of authors’ liability for inaccurate memoirs [Mark Fowler, Rights Of Writers; earlier here, etc.]
- “Diagnosing Liability: The Legal History of Posttraumatic Stress Disorder” [Deirdre M. Smith, SSRN via TortsProf]
Tagged as:
alcohol,
autism,
Canada,
Maryland,
publishers
“D.C. United’s Charlie Davies is suing the owners of a Washington nightclub and the drink company Red Bull for $20 million, claiming they are responsible for a fatal car crash that ended the MLS player’s hopes of joining the 2010 U.S. World Cup team. Davies, now 25, was a passenger in the car driven by a woman who has since pleaded guilty to involuntary manslaughter and drunken driving in the 2009 one-car crash that killed a second passenger.” Perhaps his theory will be that the nightclub had an obligation to assess how drunk the woman was, but he didn’t. [AP/ESPN]
Tagged as:
alcohol,
dramshop statutes,
personal responsibility
“Jeffrey McCave was sentenced in a county court to thirty days in jail, two years of probation and a $1000 fine for listening to music in an undriven car parked on his father’s driveway while drunk. The Nebraska Supreme Court on Friday used the case to clarify that the charge of driving under the influence of alcohol (DUI) does not apply in a personal driveway.” [The Newspaper]
Tagged as:
alcohol,
Nebraska,
traffic laws
“A whistle-blower tells how a private detective arranged for men to be arrested for drunk driving at the behest of their ex-wives and their lawyers — and that entrapment using decoys was only one of many alleged misdeeds.” [L.A. Times; Contra Costa County (Bay Area), Calif.]
Tagged as:
alcohol,
Bay Area,
divorce
- UK panel declines to ban “I like gin” tea ad [Campaign]
- Do pics of tree-shaped air fresheners violate trademark rights of product marketer? [PoL]
- Man’s EU trademark for “Keep Calm and Carry On” raises hackles [Maria Bustillos, The Awl]
- When was the last time Congress chose to repeal a law restricting employers? Surely more recently than with the Portal to Portal Act of 1947 [Fox, Jottings]
- NYC: “City’s Top Lawyer Details Payouts of $561 Million in Lawsuits” [NYT]
- Calif. Gov. Brown vetoes attorney-backed bill widening fee entitlement where claimed damages not recovered [CJAC]
- Ira Stoll has been assembling a list of cost-free measures to help the economy, #17 is the proposed EPA-curbing Cement Regulatory Relief Act, #13 is “Eliminate requirements for legal ads in print newspapers in connection with business formation.” [Future of Capitalism]
Tagged as:
alcohol,
Jerry Brown,
NYC,
trademarks,
United Kingdom,
workplace
Settling a lawsuit filed by the Federal Trade Commission, the maker of the drink agrees to warn on its label that it really has quite a lot of alcohol in it and can get you tipsy without having to go back often for refills. As Elie Mystal notes, the “warning” might fit rather nicely into the beverage’s marketing strategy. Scott Greenfield has thought of a parallel case.
Tagged as:
advertising,
alcohol,
Federal Trade Commission,
settlement
Old Dominion Freight Line, Inc., an interstate trucking company, doesn’t want to put drivers with a history of drinking problems behind the wheel, and has accordingly been sued by the federal Equal Employment Opportunity Commission for allegedly violating the Americans with Disabilities Act (ADA), under which alcoholism is considered a protected condition. I’ve got details in a new post at Cato at Liberty (& Bader/CEI, Lachlan Markay/Heritage, Fox News).
Tagged as:
alcohol,
disabled rights,
safety
