- 21 professors, including Bartholet, Epstein, and McConnell, write letter to Department of Education Office of Civil Rights [OCR] challenging its directives on campus sexual harassment [Ashe Schow, Washington Examiner] Student suing Colorado State over multi-year suspension adds OCR as a defendant [Scott Greenfield; more, George Will]
- President Obama has been saying things students need to hear about intellectual freedom at commencements [Howard and Rutgers, Jonathan Adler] “Does Obama understand that his own government is responsible for the safe-space phenomenon he frequently decries?” [Robby Soave]
- Protesters these days disrupting and physically shutting down a lot of pro-Israel campus speeches and events on US campuses [Observer; UC Irvine]
- “Jokes, insensitive remarks, size-ist posters”: from a distance the doings of the University of Oregon’s Bias Response Team can seem kind of hilarious. Maybe not up close [Robby Soave/Reason, Catherine Rampell/Washington Post] “Towson U. [Maryland public university] implements ‘hate/bias’ reporting system to ensure ‘anti-racist campus climate’” [The College Fix]
- Read and marvel at the arguments being deployed against Prof. Dale Carpenter’s proposal for bolstering free expression at the University of Minnesota [Susan Du, City Pages] “Why Free Speech Matters on Campus” [Michael Bloomberg and Charles Koch]
- Faculty at George Mason University law school unanimously affirm commitment to renaming school after Justice Antonin Scalia [Lloyd Cohen, Michael Greve]
In the aftermath of Prince’s death, lawyers representing the entertainer’s estate administrator have been pushing a posthumous right of publicity law in Minnesota. The proposed PRINCE Act (“Personal Rights In Names Can Endure”) would forbid the use of an individual’s name “in any medium in any manner” without consent, which critics say makes it a rare instance of a law that actually violates itself. [David Post/Volokh, Jacob Gershman/WSJ Law Blog]
Attorney Paul Hansmeier has sued more than 100 small businesses in Minnesota charging lack of handicap accessibility, sometimes “on behalf of the Disability Support Alliance, a nonprofit group that finds non-compliant businesses. A 5 Eyewitness News report from last summer found Hansmeier sought quick settlements from businesses for thousands of dollars and made little effort to ensure the buildings were brought into compliance.” Hansmeier has now denounced as “silly” a bill developed by the Minnesota Chamber of Commerce, working with the Minnesota State Council of Disability and Human Rights Department, aimed at curbing opportunistic accessibility complaints. “The legislation would give businesses at least 30 days to respond to lawsuits, shift the burden of proof in some cases to those filing the lawsuit and restrict attorneys from demanding immediate settlements.”
Attorney Hansmeier, according to the broadcast report, “is currently facing disbarment or suspension for running a copyright infringement scheme involving a pornographic video. A district judge in Hennepin County said last year that Hansmeier’s history reinforced concerns that the ADA lawsuits raised ‘the specter of litigation abuse.'” [KSTP] Last year I noted his adventures in copyright law and his more recent rolling out of multiple suits alleging that businesses had not adequately designed their online presence to accommodate disabled web users.
The Minnesota state police don’t deny that they see coffee-drinking behind the wheel as something that might constitute prohibited distracted driving, but deny Lindsay Krieger’s claim that that was why she was pulled over on Interstate 94 in St. Paul. A spokeswoman says an officer stopped and ticketed Krieger (not her first time) for driving without a seat belt, and the coffee lecture was in the nature of an added warning. Krieger was once “busted in Eagan…for eating Cheerios out of a cup while waiting in line to make a turn.” [Minneapolis Star-Tribune, FindLaw]
The town of Red Wing, Minnesota, has passed a resolution urging that assaults on police be made a hate crime, a position urged for some years by the Fraternal Order of Police (FOP) union. How bad an idea is this? A very bad one indeed, I argue in an op-ed for the Minneapolis Star-Tribune:
Critics argue that [existing hate-crime] laws in effect play favorites, departing from the spirit of equal protection under law that aims at treating all victims of personal assault as equally important.
Because they seem to put an official public seal on a narrative of oppression, such laws are also lobbied for in me-too fashion by other groups that rightly or wrongly see themselves as oppressed….
Not only are lethal assaults on police declining, I note, but the vast majority of them do not arise from any supposed prejudice or animus against cops, nor do such crimes go neglected and unprosecuted. Besides, most states already allow sentence enhancements on other grounds for crimes against police:
…what would [such a change in law] symbolize? The merely absurd proposition that police in the U.S. today are an oppressed minority group? Or the downright dangerous proposition that the law should step in to chastise and rectify the attitudes of a public that may not be as supportive of police wishes and demands as cop advocates would like?
Read the whole thing. Incidentally, the town council voted last week to let its Human Rights Commission review the resolution, a possible step toward reconsidering it. Some earlier Cato commentary on hate-crime laws here, here, here, and here. (cross-posted from Cato at Liberty).
More links: Star-Tribune original coverage (noting that Red Wing’s police chief approached the council requesting the resolution as a “show of support,” and that Minnesota already provides for sentence enhancements when police are the target of crimes, as indeed do most states); FBI on definition of hate crime; Fraternal Order of Police side of the case; Washington Post; U.S. News; New York Daily News.
Don’t talk to us of permits, those are our therapy chickens [Maplewood, Minn.; KMSP]
- Following student complaints, Northwestern Prof. Laura Kipnis investigated by her university over an essay she wrote on campus sexual politics [Jonathan Adler and more, Chronicle of Higher Ed (Kipnis cleared amid nationwide furor), Glenn Reynolds] Flashback: How NPR, the Center for Public Integrity, and federal officials fueled the campus sex assault panic [Christina Hoff Sommers, The Daily Beast, January] Harvard lawprof Janet Halley, who battles for rights of Title IX accused, is anything but conservative [Harvard Crimson] “The pretense of ‘neutrality’ … has its roots in privilege.” Popehat’s wicked satire of academia looks so real;
- Throwing Skittles on a school bus = “interference with an educational facility” [Louisiana, Lowering the Bar]
- To reduce stigma, or so it’s said, Maryland will serve free school breakfast and summer meals to more children whether they’re poor or not. Why cook for your kids when the state will do it? [my Free State Notes post]
- Will high school football still be around in 2035? “Iowa Jury Awards Injured Ex-High School Football Player $1M” [Insurance Journal]
- “Maryland’s ‘free range’ parents cleared of neglect in one case” [Washington Post, earlier]
- St. Paul, MN schools in recent years embraced latest progressive nostrums on discipline, mainstreaming, cultural difference. Results have not been happy [Susan Du, City Pages]
- “Two-Thirds of Risk Managers Say Frats Are Major Liability” [Inside Higher Ed] California trend spreads as Connecticut Senate passes affirmative consent bill for college disciplinary policies [West Hartford News/CT News Junkie]
Fifteen years ago, I wrote the following, to considerable skepticism from some ADA advocates, about the idea that online publishers should be legally obliged to make their websites “accessible” to blind, deaf, and other disabled users:
If it’s easy for entrepreneurial litigators to stroll down the main street of a town and find stores vulnerable to an ADA suit because their water fountain or pay phone is at the wrong height, it’s even easier for them to surf the Web and find sites that flunk the most widely accepted disability guidelines. Assuming a court can be found with proper jurisdiction over them, the next logical step is the filing of accessibility complaints by the cartload.
Federal courts were cool toward the idea of obligatory web accessibility, but more recently it has been stirring back to life, in part owing to an Obama administration move to revitalize the idea. And while it’s taken me a while to catch up with the story, it appears that at least one practicing lawyer has indeed spotted a niche for the mass filing of ADA suits against small businesses over their online presence.
That lawyer is Minneapolis-based attorney Paul Hansmeier, who fittingly or otherwise was previously associated with the now-disgraced Prenda Law Group, which engaged in mass copyright complaint filing against computer users recorded as downloading certain X-rated materials. Mike Masnick at TechDirt followed the adventures of Hansmeier and his Class Justice in multiple web-accessibility filing in this 2013 post with sequel and even more entertaining followup (channeling Dan Nienaber, Mankato, Minn., Free Press). Now Tim Cushing at TechDirt reports that Hansmeier is running into a bit of resistance in the form of a counterclaim by one of his targets, Kahler Hotels.
- Noting statistical disparities, DoJ blames evils of Ferguson, Mo. policing on racism, conservatives push back [Dara Lind/Vox, Peter Kirsanow, IBD] Many of same trends in policing and incarceration found in cities where voters, elected officials and police forces are black-majority [Reihan Salam]
- “Resisting arrest” when there are no other charges against you: an odd crime may soon get odder if New York lawmakers yield to demands that it be made a felony [Scott Greenfield]
- Interview with former Virginia Attorney General and corrections reformer Mark Earley [Chase Madar, American Conservative]
- “How to Address Anger Over Shootings By Police? Hide Cops’ Names, Of Course!” [J.D. Tuccille; New York Times (“In many jurisdictions, including New York State, simply determining the names of officers involved in fatal shootings can be a struggle.”), earlier Virginia]
- Did Detroit really do itself a favor with its massive crackdown on noncompliant businesses? [Scott Beyer, Governing]
- “Governors Highlight Criminal Justice Reform in State of State Addresses” [ALEC “American Legislator”]
- Minnesota bill would bar police agencies from investigating own officer-involved shootings [KMSP via Radley Balko]