Category: Law

Law

President’s Day

presidents-day_7147

While the third Monday in February is popularly referred to as Presidents’ Day, 5 U.S. Code § 6103 officially recognizes this date as Washington’s Birthday.

Lincoln’s Birthday is recognized on a state-by-state basis. And, you can pretty much guess which states do not observe a day memorializing the 16th president.

South Carolina observes George Washington’s Birthday / President’s Day.

Mississippi observes George Washington’s Birthday.

Florida does not any state holidays in February.

Alabama observes George Washington and Thomas Jeffersons’ Birthday.

Georgia observes George Washington’s Birthday.

Louisiana does not observe any state holidays in February.

Texas observes Presidents’ Day in honor of Washington’s Birthday.

Law

NPR Defunding Bill

H.R. 1076, which prohibits federal funding of National Public Radio and radio content acquisition, passes the house.

humor Law

USA Today reports that a group of investors are challenging a Springdale, Utah ordinance that bans “formula restaurants” to preserve the charm of the local community. Justia has the Complaint from Izzy Poco v. Town of Springdale et al..

Springdale Town Code 10-2-2:

FORMULA RESTAURANT OR DELICATESSEN: A business which is required by contractual or other arrangement to provide any of the following: substantially identical named menu items, packaging, food preparation methods, employee uniforms, interior decor, signage, exterior design, or name as any other restaurant or delicatessen in any other location.

Springdale Town Code Section 10-3A-5:

C. Standards for conditional uses in agricultural zone:

1. Restaurants:

d. Formula restaurants are prohibited.

Springdale Town Code Section 10-22-3:

Subject to the provisions of section 10-21-1 of this title, the following uses are recognized to be incompatible with the general plan, because of the limited amount of private land available within the town’s boundaries; the large size or scale required of such uses; excessive noise, odor or light emissions; their excessive use of limited resources and the undue burden they place on public utilities and services, or because they are of a character hereby found to be in conflict with the town’s general plan:

Formula restaurants and formula delicatessens.

I don’t understand the ordinance. In fact, it reminds me of San Francisco’s strange obsession with chain stores. At the end of the day, unless a business is operating on federal, state or local lands, I don’t understand why one restaurant is permitted, but another is not. After all, we’re talking about sandwiches and not adult motion picture theaters.

The food industry is challenging enough. Let the market decide whether the local or visiting population really dislikes formula restaurants. And, in this day and age of Yelp, mom-and-pop restaurants that deliver quality food and service can compete toe-to-toe with the so-called formula restaurants with their national advertising budgets. And, if a mom-and-pop restaurant cannot beat a chain restaurant, maybe a visit from Gordon Ramsay would be in order.

humor Law

Cyber Privacy Act

Last week, Congressman Thaddeus McCotter (R-MI) introduced a bill that would require certain Internet websites that contain personal information of an individual to remove such information at the request of the individual.

This bill potentially affects “[a]ny Internet website that makes available to the public personal information of individuals.”

The bill also defines “personal information” as “any information about an individual that includes, at minimum, the individual’s name together with either a telephone number of such individual or an address of such individual.”

Megan’s Law. If this bill passes, the first class of persons that will be seeking relief under the bill would be the people on California’s Megan’s Law website. Interestingly, not all the offenders subject to Megan’s Law qualify. Those with names and addresses listed do, but those with addresses denoted as “Specific address not subject to disclosure”, “transient” or “unknown” do not meet the minimum threshold set forth in the Cyber Privacy Act.

Barack Obama. I did not realize that there were so many Barack Obamas in the United States. Spokeo lists a Barack H Obama in Illinois. The listing displays Michelle Obama as a member of the household, but the profile states “Children: No” and “[i]s not interested in politics,” which should give you a hint about data quality. Spokeo also has a listing for Barack Obama on Pennsylvania Avenue NW in Washington DC. Would this be 1600 Pennsylvania Avenue NW? The data for this Obama is no better: “[i]n a relationship”, no children, and “[i]s not interested in politics.” So, can President Obama get his personal information removed from Spokeo? Well, even though the website does not display his full address, it does make such data potentially available if you sign up to view full results, which may include the name, address, home phone, mobile phone and other personal information. So, Spokeo qualifies as an Internet website that contains personal information. However, like the prior example, not every individual may request to have their information removed from the website, such as if Spokeo is missing the full address or phone number of the individual in their records.

Credit Reports. For credit reporting websites, such as Equifax, Experian, or TransUnion, the Cyber Privacy Act presents a real nightmare. The credit reporting bureaus qualify under the Cyber Privacy Act because they “make available to the public personal information of individuals” in the form of credit reports. These reports definitely contain your personal information, including your name, address (past and present), as well as your phone numbers, unless you fear killer robots from the future and are truly living off the grid. The problem for credit reporting bureaus will occur when people with bad or poor credit start requesting that their credit reports be removed from these databases. Fun! And, so long as the report meets the minimum threshold (i.e., name + phone number or address), the individual may request that all the personal information be removed. No more online credit reports. Back to faxes.

State Bar. If the State Bar has disciplined an attorney, and the attorney does not want the State Bar to publish his or her disciplinary record, the attorney can seek relief under the Cyber Privacy Act because the State Bar of California publishes an attorney’s address, phone number and fax number.

HR 5108 IH

111th CONGRESS

2d Session

H. R. 5108

To require certain Internet websites that contain personal information of individual’s to remove such information at the request of such individuals.

IN THE HOUSE OF REPRESENTATIVES

April 22, 2010

Mr. MCCOTTER introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To require certain Internet websites that contain personal information of individual’s to remove such information at the request of such individuals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cyber Privacy Act’.

SEC. 2. REMOVAL OF PERSONAL INFORMATION REQUIRED OF CERTAIN WEBSITES.

(a) In General- Any Internet website that makes available to the public personal information of individuals shall–

(1) provide, in a clear and conspicuous location on the Internet website, a means for individuals whose personal information it contains to request the removal of such information; and

(2) promptly remove the personal information of any individual who requests its removal.

(b) Definition of Personal Information- As used in this Act, the term `personal information’ means any information about an individual that includes, at minimum, the individual’s name together with either a telephone number of such individual or an address of such individual.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Unfair or Deceptive Acts or Practices- A violation of this Act shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(b) Powers of Commission- The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act.

Tags cyber privacy act

Law

Cuss Free Week

Thank you California legislature. The Golden State may be teetering on the brink of insolvency, but at least it will go down with good manners:

WHEREAS, On June 1, 2007, then 14-year old McKay Hatch founded the No Cussing Club at his South Pasadena junior high school after noticing many of his peers were using cusswords and foul language that created an environment of rudeness and disharmony towards others on his campus. McKay reasoned that if pupils could say no to cussing, it would be easier to stay away from drugs, violence, and pornography and turn their focus to positive aspirations and goals. “Leave people better than you found them” became the No Cussing Club’s active motto; and

WHEREAS, Upon founding the No Cussing Club, 50 pupils immediately joined and membership rapidly spread to other schools, communities, states, and countries. By 2009, the No Cussing Challenge had grown to 100 clubs in schools and churches worldwide, with 35,000 online members in 50 states and the countries of Argentina, Australia, Austria, Canada, China, France, Germany, India, Indonesia, Italy, Israel, Japan, Mexico, New Zealand, Nigeria, Philippines, Spain, Saudi Arabia, Scotland, South Korea, and the United Kingdom. Its Internet Web site receives thousands of hits per day with hundreds of parents, teens, and children taking the No Cussing Challenge online; and

WHEREAS, While South Pasadena is not the first community to confront a tradition of rude language, for example, in 2009 Saint Charles, a suburb of Saint Louis, Missouri proposed a ban on swearing in bars, and in 2007 , hip-hop mogul Russell Simmons called for an industrywide ban on racially and sexually charged epithets, the No Cussing Club created a process to help convert foul language to charitable actions that would raise our spirits in times of economic uncertainty and frustration; and

WHEREAS, Cusswords and aggressive language are used by bullies to intimidate their victims. To counter this, the No Cussing Club offers a workbook that can be downloaded from their Internet Web site and used to assist teachers and pupils to combat bullying and cyber bullying; and

WHEREAS, The No Cussing Challenge encourages members of offices, homes, and schools to place money in a jar with a custom-made label available from their Internet Web site, www.nocussing.com, when foul language is used and donate collected funds to charity. This practice not only helps raise awareness of our wide use of negative language and how it affects our spirits, but inspires redeemable actions that benefit charities and nonprofit social programs; and

WHEREAS, The No Cussing Club has been endorsed by government officials at all levels with some creating cuss-free zones in their jurisdictions. Promoting the notion that words are powerful tools that express how we feel about ourselves and the world we live in, the No Cussing Challenge is a reminder that our ability to uplift, encourage, and motivate others and improve our community starts with the words we use and actions we take; and

WHEREAS, The California Legislature invites the people of this state to take the No Cussing Challenge each year during the first week of March to improve our relationships, to set a tone of harmony and connectedness in our communities, and to inspire ourselves to higher endeavors; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature designate the first week of March of each year as Cuss Free Week; and be it further

Resolved, That the Chief Clerk of the Assembly prepare copies of this resolution for distribution to the California congressional delegation and others as appropriate.

Tags california, cuss free week

Law

Automotive Windshield Washer Fluid in California

Post author By Ken Chan
Post date December 10, 2009
No Comments on Automotive Windshield Washer Fluid in California

If you live in Los Angeles, Orange County or the San Francisco Bay Area, you probably refill your windshield washer fluid reservoir with the $1.00 jug of blue windshield washer fluid marked +32°. Even if you use plain tap water, the weather really doesn’t get so cold that it will freeze your washer fluid and crack your reservoir. However, if you are planning a winter excursion to Lake Tahoe, you should be aware of how different laws can affect your trip. First off, the California Department of Transportation provides winter driving tips and information regarding the state’s snow chain laws. To see whether an chain controls are in effect, visit the road information page. If you are using an iPhone or other mobile phone, bookmark the Road Conditions (Mobile) page. Caltrans also provides live traffic cameras, which loads OK on a PC. Not so hot on a Mac unless I paste in the URL for the particular camera into QuickTime Player 7 or WIndow Media Player. Not sure why it doesn’t work the same for newest QuickTime Player 10.

Anyways, for the windshield washer fluid, I was searching around for an under 32° winter mix. I stopped at Pep Boys, Kragen, Target, and Wal-Mart. No one was carrying it because California regulates automotive windshield washer fluid. Basically, you cannot prepare in advance like a reasonably prudent person would and refill your automotive windshield washer fluid reservoir with a winter mix of windshield washer fluid. Instead, you have to wait until you reach sanctuary, a/k/a a Type A area. That or buy it online.

Tags california

Law

Tiger Woods Congressional Gold Medal

Post author By Ken Chan
Post date December 9, 2009
1 Comment on Tiger Woods Congressional Gold Medal

I think all the findings remain true; however, Congressman Baca might want to strike #6 about breaking barriers (fire hydrant?) with grace and dignity.

HR 1244 IH

111th CONGRESS

1st Session

H. R. 1244

To provide for the award of a gold medal on behalf of the Congress to Tiger Woods, in recognition of his service to the Nation in promoting excellence and good sportsmanship, and in breaking barriers with grace and dignity by showing that golf is a sport for all people.

IN THE HOUSE OF REPRESENTATIVES

March 2, 2009

Mr. BACA introduced the following bill; which was referred to the Committee on Financial Services

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds the following:

(1) Although Tiger Woods is only 33 years old and is going on his 13th full year as a professional golfer, he has won 87 tournaments (65 of which were on the Professional Golf Association (PGA) tour), including the 1997, 2001, 2002, and 2005 Masters Tournaments, the 1999, 2000, 2006, and 2007 PGA Championships, the 2000, 2002, and 2008 U.S. Open championships, and the 2000, 2005, and 2006 British Open Championships.

(2) Tiger Woods is the 5th player in history to win all 4 major championships (Masters, PGA Championship, U.S. Open, and British Open), joining the ranks of Gene Sarazen, Ben Hogan, Gary Player, and Jack Nicklaus.

(3) With his second Masters victory in 2001, Tiger Woods became the first player ever to hold all 4 major championships at the same time.

(4) Tiger Woods is the career victories leader among active players on the PGA tour, and is the career money list leader.

(5) Tiger Woods can be compared with Jack Nicklaus as being one of the greatest golfers of all time.

(6) Tiger Woods has broken barriers with grace and dignity by showing that golf is a sport for all people, regardless of race, color, or creed.

(7) Tiger Woods has inspired countless people of all ages, impressing upon them that their hopes, dreams, and prayers may be achieved through hard work, persistence, education, and good sportsmanship.

(8) Tiger Woods established the Tiger Woods Foundation in 1996, which financially supports communities and organizations that nurture family values and adults’ involvement in children’s lives.

(9) The Tiger Woods Foundation hosts clinics, which give thousands of youngsters golf lessons and draw attention and support to the organizations that allow inner-city children access to golf.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

(a) Presentation Authorized- The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Tiger Woods in recognition of his service to the Nation in promoting excellence and good sportsmanship, and in breaking barriers with grace and dignity by showing that golf is a sport for all people.

(b) Design and Striking- For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the `Secretary’) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.

SEC. 3. DUPLICATE MEDALS.

Under such regulations as the Secretary may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal.

SEC. 4. NATIONAL MEDALS.

The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

SEC. 5. AUTHORIZATION OF CHARGES AGAINST FUND; PROCEEDS OF SALE.

(a) Authorization- There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act.

(b) Proceeds of Sale- Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Tags congress, tiger woods

Law

Free Speech Area

I spotted this “free speech area” during a recent weekend. Not at a convention. Not at a rally. Not at any sort of a political event. Instead, the local farmers market has a designated free speech area. However, it didn’t stop one group from setting up a table on the wrong side of the sign.

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