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San Francisco nudity ban upheld in federal court
Court Line | 2013/01/22 22:28

A federal judge cleared the way Tuesday for the city of San Francisco to ban most displays of public nudity, ruling that an ordinance set to take effect on Feb. 1 does not violate the free speech rights of residents and visitors who like going out in the buff.

U.S. District Court Judge Edward Chen refused to block the ban temporarily or to allow a lawsuit challenging it to proceed.

"In spite of what plaintiffs argue, nudity in and of itself is not inherently expressive," Chen wrote in an 18-page opinion.

The San Francisco Board of Supervisors voted 7-4 last month to prohibit residents and visitors over age 5 from exposing their genitals on public streets, in parks or plazas or while using public transit.

The measure was introduced in response to a group of nudists that regularly gathers in the city's predominantly gay Castro District. The threat of seeing outlawed a right that many people associate with free-spirited San Francisco prompted public protests and disrobing at supervisors meetings.

The activists who challenged the measure in court also had argued that the ordinance was unfair because it grants exceptions for public nudity at permitted public events such as the city's gay pride parade and the annual Bay-to-Breakers foot race.


Lawyers from LGBT group to join Supreme Court bar
Legal News | 2013/01/18 07:43

An organization of gay and lesbian lawyers says 30 of its members will be sworn into the Supreme Court bar in a courtroom ceremony next week.

The National LGBT Bar Association says it's the first time it will take part in the mass swearing-in that occurs on most days the court is in session.

Association executive director D'Arcy Kemnitz said many members already will be in Washington for President Barack Obama's inauguration on Monday. They'll be sworn in Tuesday.

By custom, a Supreme Court lawyer vouches for prospective members, and Chief Justice John Roberts welcomes them before they swear to support the Constitution.

Openly gay lawyers already practice before the Supreme Court, but Tuesday will mark the first time lawyers will be identified at the ceremony as LGBT Bar members.


Court continues order targeting voter intimidation
Attorney News | 2013/01/15 06:52

The Supreme Court has turned down an effort by the Republican National Committee to end a 30-year-old court order aimed at preventing intimidation of minority voters.

The justices did not comment Monday in rejecting an appeal of lower court decisions that left the order in place at least until 2017.

The order stems from a lawsuit filed by Democrats in New Jersey in 1981 that objected to a "ballot security" program the RNC ran in minority neighborhoods.

Republicans said the order hampers efforts to combat voter fraud, but U.S. District Judge Dickinson Debevoise said voter intimidation remains a threat and preventing it outweighs the potential danger of fraud.

The court action is unrelated to legal challenges to Republican-inspired voter identification laws in the 2012 campaign.


Court: Hutterites must pay workers' compensation
Attorney News | 2013/01/09 05:25

A sharply divided Montana Supreme Court has ruled that forcing a Hutterite religious colony to pay workers' compensation insurance for jobs outside the commune is not an unconstitutional intrusion into religion.

The 4-3 decision upholds a 2009 law requiring religious organizations to carry workers' compensation insurance, which the Legislature passed after businesses complained they could not outbid the religious workers.

The Big Sky Colony of Hutterites in northwestern Montana sued, saying the law targeted its religion and infringed on its beliefs. Its members have no personal property and make no wages as part of their communal life, which is central to their religious beliefs, and a member can't make a claim against the colony or take money for himself without risking excommunication.

The Hutterites are Protestants similar to the Amish and Mennonites who live a life centered on their religion. But unlike the others, Hutterites live in German-speaking communes scattered across northern U.S. states and Canada. They are primarily agricultural producers but have expanded into construction with success because they can offer lower job bids than many private businesses.

Justice Brian Morris, writing for the majority, said the workers' compensation requirement does not interfere with the Hutterites' religious practices but only regulates their commercial activities like any other business.


Convicted financier says he can't afford a lawyer
Court Watch | 2012/12/19 08:03

An Indiana financier and former chief executive of National Lampoon who was convicted of swindling investors out of about $200 million says he can't afford to hire an attorney to handle his appeal.

In federal court documents filed Monday, Timothy Durham said his multimillion-dollar Indianapolis home is in foreclosure and all of his financial assets are tied up bankruptcy proceedings of the companies he used to control.

Durham's home in Fortville, Ind., about 20 miles northeast of Indianapolis, has a $5 million mortgage but a free-market value of only $3 million, according to the documents.

Durham says his only income this year was $6,000 he received as a director of Dallas-based insurer CLST Holdings Inc. He also has stock in CLST and National Lampoon, the documents say.

Durham was sentenced to 50 years in prison last month on securities fraud and other convictions in the collapse of Akron, Ohio-based Fair Finance. He also was ordered to pay $202.8 million in restitution. Durham received credit for $6 million that already has been recovered.

Durham and two business partners were charged with stripping Fair Finance of its assets and using the money to buy mansions, classic cars and other luxury items and to keep another Durham company afloat. The men were convicted of operating an elaborate Ponzi scheme to hide the company's depleted condition from regulators and investors, many of whom were elderly.

Defense lawyers argued that Durham and the others were caught off-guard by the economic crisis of 2008, and bewildered when regulators placed them under more strict scrutiny and investors made a run on the company.


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