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Thursday, January 17 2019 |
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A judge has thrown out a lawsuit filed by Christian activists who claimed Houston Library’s Drag Queen Story Hour violated the First Amendment Establishment Clause.
Drag Queen Story Hour, a non-profit program that started in San Francisco several years ago and has grown to other cities, invites drag queens to visit libraries and bookstores to read to children whose parents bring them there to participate. The group Christ Followers that is opposed to the story hour filed the federal lawsuit last October, alleging that Houston’s hosting of the event promotes an “ideology [that] is immoral, obscene and subversive to human flourishing and that the LGBTQ ideology is inseparably linked to the religion of Secular Humanism.” The group further argued that Drag Queen Story Hour should not be hosted at Houston libraries if Christian events are not allowed to be hosted there.
Recently, U.S. District Judge Lee Rosenthal dismissed the case on the grounds the plaintiffs failed to state a viable claim. In her decision, Rosenthal rejected the idea that secular humanism is a religion and noted that drag queens had not discussed it at any events. Moreover, she said the plaintiffs could not prove they had been in any way damaged by the events because “they purposefully avoided ‘Drag Queen Storytime’ because of its alleged immorality and potential to harm their children. Instead of witnessing the event, the plaintiffs ‘researched [it] online.’”
According to news reports, one of the plaintiffs, Chris Sevier, has filed a lawsuit in Louisiana for the same reason, and previously filed lawsuits in several states trying to marry his laptop, in misguided protest against the legalization of gay marriage. The plaintiffs have indicated they plan to appeal this decision to the Fifth Circuit Court of Appeals.
—Source: pride.com |
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Thursday, January 10 2019 |
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A Portland, Oregon, man is suing Burger King claiming the fast food restaurant backed out of its promise to give him free food for life.
According to news reports, Curtis Brooner says he was involved in an incident in Oregon that resulted in him being locked in the bathroom. Brooner used his cellphone to call the Burger King number listed on his receipt, but the employees were unable to push the bathroom door open. Ultimately, a locksmith was called, and Brooner was freed. In his lawsuit, Brooner claims he was stuck in the bathroom for an hour and could hear employees and customers laughing at him through the door.
Brooner alleges the restaurant offered him free food for life as an apology, which it provided for several weeks and then the offer was withdrawn. Brooner is seeking just over $9,000 in damages, the cost of one burger meal a week for 22 years.
Michael Fuller, Brooner's attorney, told the media that his "client is still hopeful Burger King will do the right thing and honor its agreement."
—Source: People.com |
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Thursday, January 03 2019 |
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Two video game makers are being sued by a Hollywood star after allegedly including similar versions of the star’s signature dance moves in their video games.
The Fresh Prince of Bel-Air" star Alfonso Ribeiro is suing the creators of Fortnite and NBA 2K after having found an unusual similarity between Fortnite's "Fresh" dance emote and another in 2K Sports-creator Take-Two Interactive’s video and his signature "Carlton Dance,” made popular through his character, Carlton Banks, in the 1990s hit sitcom.
Ribeiro seeks injunctive relief and monetary damages in the United States District Court for the Central District of California. His lawsuit asks for a judge’s order to stop both games from using his dance moves.
Ribeiro says he is now in the process of copyrighting the dance.
—Source: weartv.com |
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Thursday, December 20 2018 |
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The manufacturer of Whole Grain Cheez-Its is being sued by three women who claim they were deceived upon buying the crackers because the main ingredient was enriched flour and not whole grain.
According to news reports, Linda Castle and two other plaintiffs are suing Kellogg's because the Cheez-Its box labeled "Whole Grain" or "Made with Whole Grain" only contains 5 to 8 grams of whole grain for each 29-gram serving. In their filing, the plaintiffs claim they were injured in fact because the crackers were worth less than what they paid for them. The plaintiffs are seeking "damages, other monetary relief, declaratory relief, and an order enjoining Kellogg's from continuing its false and misleading marketing."
In 2017, a federal judge dismissed the claim, ruling that the "Whole Grains" wording was factually correct. Recently, however, the U.S. Court of Appeals for the Second Circuit reversed the dismissal, noting that a reasonable consumer would think Cheez-It Whole Grain crackers were made with "predominantly whole grain."
The Second Circuit remanded the case for further proceedings. The plaintiffs are demanding a jury trial and want the court to certify a class.
—Source: The Wall Street Journal |
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Thursday, December 13 2018 |
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A United States District Court has ordered a plaintiff to pay almost $9,000 in statutory costs after filing what has been deemed a frivolous case.
Former El Paso County Sheriff’s Sergeant John Huntz unsuccessfully sued El Paso County. In his federal lawsuit, Huntz claimed the Sheriff’s Office violated federal employment laws when he was fired in 2015.
According to news reports, Huntz claimed he was transferred from his role as a training officer to the night shift at the jail in retaliation because his wife had reported sexual harassment by a commander she worked with at the Sheriff Office’s dispatch center. Following his new assignment, Huntz went on leave for nearly eight months, until his employment was terminated in August 2015 because he failed to return to work. His wife’s claim was dismissed in 2017.
“We are entitled to all of these costs,” said County Attorney Amy Folsom. “The important thing to note is that the reimbursement will come out of the pocket of John Huntz himself. The defense of the County was unnecessary and we will continue to defend the County against all such frivolous claims.”
—Source: elpasoco.com |
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