You can expect the press to close ranks around its own when freedom of speech is threatened, right? Well, maybe not, when the speakers in question are Fox radio hosts and the heavy hand of government is acting under the aegis of campaign regulation. (Ryan Sager, “Seattle, Post Intelligence”, TechCentralStation, Jul. 19). Sager’s blog has further details, here and here. For more on the controversy over a judge’s order that comments by KVI hosts John Carlson and Kirby Wilbur be counted as campaign contributions, see Jul. 11.
Posts Tagged ‘Seattle’
Update: Stifling archaeology, the tribal way
Sen. John McCain (R-Ariz.) is now sponsoring that very troublesome bill, formerly championed by the departed Sen. Ben Nighthorse Campbell of Colorado, to amend the Native American Graves Protection and Repatriation Act so as to expand Indian tribes’ power to assert control over prehistoric human remains not associated with any still-existing tribe (see Oct. 18, 2004). The bill would go far to reverse scientists’ victory in the nine-year court battle over tribes’ asserted right on cultural grounds to reclaim the remains of 9.300-year-old Kennewick Man (Aug. 9, 2004, etc.) Cleone Hawkinson, president of Friends of America’s Past, “says the change would make it impossible to study the earliest inhabitants of North America. ‘American archaeology would come to a standstill,’ she said.” A hearing before the Senate Indian Affairs Committee is scheduled for Jul. 28. (Sandi Doughton, “Fate of Kennewick Man study unclear”, Seattle Times, Jul. 15).
More: reader Carey Gage writes in to advise, “check out Moira Breen’s site on this issue. She has been all over it for years.”
Judge: radio hosts’ talk must be reported as campaign contribution
In a decision some critics said could threaten press rights, a Washington state judge ruled last week that two radio hosts’ on-air comments promoting an anti-gas-tax initiative should be considered in-kind campaign contributions.
Thurston County Superior Judge Christopher Wickham on July 1 ordered sponsors of Initiative 912 to report the value of comments by KVI Radio talk-show hosts John Carlson and Kirby Wilbur.
Lawyers for NoNewGasTax.com, which is sponsoring the initiative, said the ruling would have a chilling effect on political commentary and editorials in the news media. They said an appeal was possible.
(“Radio hosts’ on-air backing must be reported as campaign donation”, AP/First Amendment Center, Jul. 7; Brad Shannon, “Ruling throws media for a curve”, Jul. 10). The Seattle Times expressed alarm at the decision (“In support of free speech, and KVI” (editorial), Jul. 8) while the Post-Intelligencer, incredibly, applauded it (“Gas-tax Talk: Jabber over journalism” (editorial), Jul. 6). For more on campaign finance law vs. free speech, see Jun. 14 and links from there. More: Michelle Malkin, Jul. 9 and Jul. 12; Ryan Sager, “The ‘Shut-’em-up’ Reform”, New York Post, Jul. 12.
In Alabama, the tusks are looser
Auburn, Washington dentist Robert Woo mysteriously thought it would be funny to photograph a staff assistant who was under anesthesia with a pair of fake boar tusks in her mouth. When confronted with the photos, she quit and sued for “post-traumatic stress disorder” allegedly triggered by the battery, eventually settling for a quarter-million dollars. Any argument Woo has to victimhood for the ridiculous damages claimed is obliterated, however, because he himself turned around and sued his insurance company for emotional distress for failing “in bad faith” to cover the incident as “dental services.” A judge let the matter get to trial, and a jury hit Fireman’s Fund Insurance for three times the amount of the original law suit, $750,000, plus another $600,000 in attorneys’ fees, before the Washington Court of Appeals threw the case out last week. (Maureen O’Hagan, “Appeals court rules against dentist”, Seattle Times, Jun. 16; Woo v. Fireman’s Fund Insurance Co. (Wash. App. Jun. 13, 2005); Romensko blog, Jun. 20). Other stories of bad-faith-insurance litigation: Sep. 7 and May 5, 2004.
Woman awarded $45,000 after dog kills cat
Seattle: “A woman who sued a neighbor after his dog mauled her cat to death has been awarded more than $45,000. Retired teacher Paula Roemer’s 12-year-old cat, Yofi, was attacked in her back yard in February 2004 by a chow belonging to her neighbor, Wallace Gray. The dog had repeatedly escaped in the past, according to the lawsuit.” (“Woman Gets $45K for Cat Killed by Dog”, AP/Las Vegas Sun, May 9). The award included $30,000 for the personal value of the cat — tying a record for a pet, according to her lawyer — plus $15,000 for emotional distress; Ms. Roemer “was so traumatized that she began having sleep disturbances and panic attacks, sank into depression and began smoking heavily, she wrote in a sworn declaration.” (Jessica Blanchard, “Woman awarded $45,000 in cat death”, Seattle Post-Intelligencer, May 9). More coverage: Seattle Times, KOMO-TV. Meanwhile, a timely op-ed spells out why damage awards reflecting pets’ sentimental value, by scaring away veterinarians and other caretakers, could lead to needless animal deaths. (Emily Laird, “See Spot Sue”, New York Times, May 8). A similar case has been made many times in this space: see Mar. 15 (letter to the editor) and links from there.
Emotional-assistance service dog
Another Seattle case in which a merchant got in trouble for not admitting a dog which was accompanying its owner for purposes of psychological assistance (as distinct from the service provided by seeing-eye and hearing dogs for the physically disabled). This time the Wicker Basket grocery store in Ballard was fined $21,000 after owner Hojoon Park wouldn’t let the dog into the shop. (“Merchant fined $21,000 for barring service dog”, Seattle Post-Intelligencer, May 3). For earlier cases, see Feb. 28 of this year; Oct. 25 and Dec. 2, 2004; and Jul. 9, 1999, from Seattle.
Update: Blockbuster late fees
To settle litigation filed by the attorneys general of 47 states, the Blockbuster video chain
has agreed to take down the “No Late Fees” signs in its video stores. Customers will continue to pay extra to rent movies for longer than a week — but Blockbuster won’t call that a late fee.
It will be a “restocking” fee or something similar.
The company also agreed to make refunds available for some customers who paid under the earlier policy, and to pay $630,000 to the state AGs for their pains. New Hampshire and Vermont declined to join the action, with the head of consumer protection in New Hampshire explaining that there hadn’t been complaints from his state’s customers; New Jersey continues to pursue its own suit (see Mar. 10). (Michael D. Sorkin, “Blockbuster settles case over signs advertising no late fees”, St. Louis Post-Dispatch, Mar. 30; Peter Lewis, “State settles Blockbuster late-fee allegations”, Seattle Times, Mar. 30; “N.H. opts out of Blockbuster late fees settlement”, Portsmouth Herald News, Mar. 31).
Today’s unbelievable attorney advertising
Evan Schaeffer points us to the site of a Seattle attorney, J. Michael Gallagher, who uses prom-dressed legal assistants called “Gallagher’s Gals” to attract clients. One would imagine that the family lawyer isn’t worried about alienating half of his potential clientele since he’s also the author of “She’s Not Your Friend – A Man’s Guide To Understanding Women.” Two Seattle law school bloggers comment here and here.
Update: copyrightable yoga sequences
A federal judge ruled last month that the current state of intellectual property law does not necessarily preclude Bikram Choudhury’s claim to copyright over a particular sequence of yoga postures; litigation continues in the case (see Feb. 9, 2004). (“Yoga Is Focus in Groundbreaking Copyright Case”, PrimeZone/Linux Insider, Apr. 9). The Seattle Times (“Download”, Apr. 4) notes that Choudhury’s adversaries, a group of yoga instructors calling themselves Open Source Yoga Unity (OSYU), say they have banded together to fight the “litigious position of Bikram Choudhury”: “Hmmm, you have to wonder what that position might look like in the studio.”
“Family of protester killed by bulldozer suing Caterpillar”
“The parents of a 23-year-old activist killed while trying to prevent the demolition of a Palestinian home have sued Caterpillar Inc., the company that made the bulldozer that ran over her. The lawsuit, filed Tuesday in U.S. District Court here [in Seattle], alleges that Caterpillar violated international and state law by providing specially designed bulldozers to Israeli Defense Forces, knowing the machines would be used to demolish homes and endanger people.” Cindy and Craig Corrie, parents of the late Rachel Corrie, live in Olympia, Wash. (Elizabeth M. Gillespie, AP/Seattle Post-Intelligencer, Mar. 16). Update Mar. 25, 2006: family appeals judge’s dismissal of lawsuit.