Posts Tagged ‘NYC’

Carrying your medications around in a substitute container

A unanimous appellate panel in New York has ruled that Sephronia Bravo, 39, of the Bronx, is allowed to sue police after being “arrested [at a bus stop] for not having her prescribed medications in their original containers”:

Bravo said she refused to give consent, but the officers searched her purse anyway and found a single bottle containing her daily regimen of prescription medications and vitamins. …She was told she was being arrested for violating Public Health Law §3345, which prohibits possessing prescription medication “outside of the original container in which it was dispensed,” except for “current use.” …No illegal drugs were found and all charges were dropped at her first court appearance.

Police “later claimed they had seen her [at the bus stop] ‘exchanging small objects with another individual.” [New York Law Journal via author Benjamin Bedell, who adds, “Is there any normal day in which you could NOT be arrested for something?”] Earlier on legal hazards of seven-day pill boxes and the like.

Police and prosecution roundup

  • NYC Legal Aid lawyer “represented four defendants in a row who had been arrested for having a foot up on a subway seat” [Gothamist, including report of arrests for “manspreading”]
  • Recommendations would expand federal role: “President Obama’s Task Force on 21st Century Policing” [Tim Lynch]
  • Profile of Pat Nolan and momentum of criminal justice reform on the right [Marshall Project] Maryland Gov. Larry Hogan shows how Republicans are experimenting with criminal justice reform [Ovetta Wiggins, Washington Post]
  • “Though we weren’t at any toll plazas, something was reading the E-ZPass tag in our car.” [Mariko Hirose, ACLU on New York monitoring of car transponders, presently for transport management purposes] DEA license plate tracking has been subject to mission creep [L.A. Times editorial via Amy Alkon, earlier]
  • “Texas’s governor signs a bill that will end the ‘key man’ grand jury system, also known as the ‘pick-a-pal’ system.” [Houston Chronicle via @radleybalko, earlier]
  • “There’s little dispute overincarceration is a problem demanding immediate redress. Except when it comes to sex.” [Scott Greenfield]
  • Massachusetts SWAT teams retreat from position that they’re private corporations and needn’t comply with public records laws [Radley Balko, earlier]

July 8 roundup

NYC to carwashes: unionize or else

A new law in New York City aims to close car washes that don’t unionize, and workers’ own wishes in the matter would appear to be irrelevant. The bill would “requir[e] car wash owners to purchase a $150,000 surety bond to operate in city limits. … [But] businesses with collective bargaining agreements with unions in place only need $30,000 coverage.” [F. Bill McMorris, Free Beacon]

NYC bans criminal record questions before job offer

The so-called ban-the-box movement, which aims to curtail what it sees as improper discrimination against job applicants with criminal records, claims one of its biggest victories yet at the expense of private employers, with strong support from New York City’s left-leaning City Council. [Ford Harrison]

More: NYU lawprof James Jacobs, author of The Eternal Criminal Record, in a Cato podcast with Cato’s Tim Lynch (more) and guestblogging at Volokh Conspiracy in February first, second, third, fourth, fifth posts.

Liability roundup

  • Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law]
  • With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law]
  • Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based elsewhere [Norton Rose Fulbright, Bob Dorigo Jones]
  • “Hearing: H.R. 1927, the “Fairness in Class Action Litigation Act of 2015” [April House Judiciary Committee with John Beisner, Mark Behrens, Alexandra Lahav, Andrew Trask]
  • Legal outlook for Illinois defendants deteriorates as Madison County sees resurgence in suits and Cook County remains itself [ICJL]
  • Brown v. Nucor Corp.: did Fourth Circuit just try to gut Wal-Mart v. Dukes rules against combining bias plaintiffs in dissimilar situations into class action? [Hans Bader/Examiner, Derek Stikeleather/Maryland Appellate Blog]
  • No wonder New York City consolidation trials are so popular with asbestos lawyers if they yield average of $24 million per plaintiff [Chamber-backed Legal NewsLine] Information in eye-opening Garlock asbestos bankruptcy (allegations of perjury, witness-coaching, etc.) now unsealed and online [same, earlier]

Al Sharpton’s daughter, suing NYC from high places

“Dominique Sharpton posted pictures to Instagram showing she completed a difficult mountain climb in Bali, Indonesia — even though her suit says that ‘she still suffers’ debilitating pain after twisting her ankle in a street crack in Soho last year.” [New York Post and more (“Al Sharpton’s daughter sues city for $5M after spraining ankle”)]

NYC taxi commission: we want to preclear ride apps

The Taxi and Limousine Commission of Mayor Bill de Blasio’s New York City administration plans to introduce rules that would fine anyone offering to city residents a taxi smartphone app or update that the commission had not preapproved. Web guys: you’re kidding, right? “We are gravely concerned by the unprecedented decision to subject software available around the world to pre-release review by a city agency” that is itself without expertise in software design, according to the letter, which is signed by Facebook, Google, Twitter, eBay and many other familiar names. [Fox NY, Internet Association letter of distress]

Feds: billboard removal law applies to NYC’s Times Square

They say the neon lights are doomed on Broadway:

The feds say many of Times Square’s huge and neon-lit billboards must come down or the city will lose about $90 million in federal highway money.

The edict comes from a 2012 law that makes Times Square an arterial route to the national highway system. And that puts it under the 1965 Highway Beautification Act, which limits signs to 1,200 square feet. It took the feds until now to realize that Times Square was included, Kramer reported.

Blame lawmakers, not the current DoT administrators, says Marc Scribner of CEI:

This is a classic example of Congress passing stupid laws, ordering regulators to implement them stupidly, and then forgetting about them until unintended consequences spring up down the line.