Lawyer Blog Post 2023/07/17 13:03
Jack Mogannam, manager of Sam’s Cable Car Lounge in downtown San Francisco, relishes the days when his bar stayed open past midnight every night, welcoming crowds that jostled on the streets, bar hopped, window browsed or just took in the night air.
He’s had to drastically curtail those hours because of diminished foot traffic, and business is down 30%. A sign outside the lounge pleads: “We need your support!”
“I’d stand outside my bar at 10 p.m. and look, it would be like a party on the street,” Mogannam said. “Now you see, like, six people on the street up and down the block. It’s a ghost town.”
After a three-year exile, the pandemic now fading from view, the expected crowds and electric ambience of downtown have not returned.
Empty storefronts dot the streets. Large “going out of business” signs hang in windows. Uniqlo, Nordstrom Rack and Anthropologie are gone. Last month, the owner of Westfield San Francisco Centre, a fixture for more than 20 years, said it was handing the mall back to its lender, citing declining sales and foot traffic. The owner of two towering hotels, including a Hilton, did the same.
Shampoo, toothpaste and other toiletries are locked up at downtown pharmacies. And armed robbers recently hit a Gucci store in broad daylight.
San Francisco has become the prime example of what downtowns shouldn’t look like: vacant, crime-ridden and in various stages of decay. But in truth, it’s just one of many cities across the U.S. whose downtowns are reckoning with a post-pandemic wake-up call: diversify or die.
As the pandemic bore down in early 2020, it drove people out of city centers and boosted shopping and dining in residential neighborhoods and nearby suburbs as workers stayed closer to home. Those habits seem poised to stay.
No longer the purview of office workers, downtowns must become around-the-clock destinations for people to congregate, said Richard Florida, a specialist in city planning at the University of Toronto.

Lawyer Blog Post 2023/07/10 14:11
An Oklahoma judge has thrown out a lawsuit seeking reparations for the 1921 Tulsa Race Massacre, dashing an effort to obtain some measure of legal justice by survivors of the deadly racist rampage.
Judge Caroline Wall on Friday dismissed with prejudice the lawsuit trying to force the city and others to make recompense for the destruction of the once-thriving Black district known as Greenwood.
The order comes in a case by three survivors of the attack, who are all now over 100 years old and sued in 2020 with the hope of seeing what their attorney called “justice in their lifetime.”
Tulsa Mayor G.T. Bynum said in a statement that the city has yet to receive the full court order. “The city remains committed to finding the graves of 1921 Tulsa Race Massacre victims, fostering economic investment in the Greenwood District, educating future generations about the worst event in our community’s history, and building a city where every person has an equal opportunity for a great life,” he said.
A lawyer for the survivors — Lessie Benningfield Randle, Viola Fletcher and Hughes Van Ellis — did not say Sunday whether they plan to appeal. But a group supporting the lawsuit suggested they are likely to challenge Wall’s decision.
“Judge Wall effectively condemned the three living Tulsa Race Massacre Survivors to languish — genuinely to death — on Oklahoma’s appellate docket,” the group, Justice for Greenwood, said in a statement. “There is no semblance of justice or access to justice here.”
Wall, a Tulsa County District Court judge, wrote in a brief order that she was tossing the case based on arguments from the city, regional chamber of commerce and other state and local government agencies. She had ruled against the defendants’ motions to dismiss and allowed the case to proceed last year.
Local judicial elections in Oklahoma are technically nonpartisan, but Wall has described herself as a “Constitutional Conservative” in past campaign questionnaires.
The lawsuit was brought under Oklahoma’s public nuisance law, saying the actions of the white mob that killed hundreds of Black residents and destroyed what had been the nation’s most prosperous Black business district continue to affect the city today.

Lawyer Blog Post 2023/07/07 10:23
A man who confessed to raping and impregnating a 9-year-old Ohio girl has been sentenced to life in prison in a case that became a national flashpoint on abortion rights because the girl had to travel out of state to end the pregnancy.
Gerson Fuentes, 28, was sentenced to life in prison, but his plea deal stipulates that he can seek parole after serving 25 to 30 years. He would then have to register as a sex offender.
Common Pleas Court Judge Julie Lynch, who was not required to approve the plea agreement, said the girl’s family “begged” the judge to back it. Lynch called the deal a “very hard pill for this court to swallow.”
“Anyone who’s ever been in this courtroom for the last 20 years knows how this court feels about these babies, young people, being violated,” Lynch said. “However, today, by the request of the family, this court will be sentencing without comment.”
The maximum sentence would have been life without parole. Settling the case before trial will spare the survivor from having to testify in court.
Zachary Olah, an attorney who represented Fuentes, told The Columbus Dispatch after the hearing that his client has been cooperative since the beginning.
“He was anxious to get this resolved,” Olah said.
The girl, who turned 10 before having the abortion, confirmed that Fuentes attacked her, Franklin County prosecutors have said, and Fuentes confessed to Columbus police detectives. DNA testing of the aborted fetus confirmed Fuentes was the father, prosecutors said.
Fuentes, who is from Guatemala and was living in Columbus, had been held without bond since his arrest. If he eventually wins parole, he would likely be deported given that authorities have said they have not found any evidence he is authorized to live in the U.S. legally.

Lawyer Blog Post 2023/06/26 09:44
In a decision scrutinizing how colleges investigate sexual assault allegations, Connecticut’s highest court ruled Friday that a former Yale student is not immune from a defamation lawsuit by a fellow student who was exonerated in criminal court after she accused him of rape.
The Connecticut court ruled 7-0 that because he had fewer rights to defend himself in university proceedings than he would in criminal court, the rape accuser can’t benefit fully from immunity granted to witnesses in criminal proceedings.
The unanimous ruling came despite warnings from more than a dozen violence prevention groups that such immunity is crucial to prevent rape victims from being discouraged to come forward.
It’s one of the few state court rulings on the topic in any U.S. court and could be cited widely in future cases, legal experts said. It ruled that Jane Doe, the pseudonym she used in court proceedings, was not immune from liability for statements she made to Yale investigators accusing fellow student Saifullah Khan of raping her in her dorm room in October 2015.
The decision could add to the already vexing problem of sexual assaults going unreported, violence prevention groups said in a brief to the state Supreme Court.
“Without protections from retaliation, including absolute immunity, victims will be dissuaded from using school reporting and disciplinary processes and will lose out on their education while perpetrators dodge accountability,” a lawyer for the groups wrote in a filing supporting the accuser’s immunity rights.
Khan is suing Doe and Yale over the rape allegations and his November 2018 expulsion from the school, saying the sex was consensual. Khan was criminally charged, but a jury acquitted him earlier in 2018.

Lawyer Blog Post 2023/04/14 18:01
The Biden administration and a drug manufacturer asked the Supreme Court on Friday to preserve access to an abortion drug free from restrictions imposed by lower court rulings, while a legal fight continues.
The Justice Department and Danco Laboratories both warned of “regulatory chaos” and harm to women if the high court doesn’t block an appeals court ruling in a case from Texas that had the effect of tightening Food and Drug Administration rules under which the drug, mifepristone, can be prescribed and dispensed.
The new limits would take effect Saturday unless the court acts before then.
“This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” Solicitor General Elizabeth Prelogar, the Biden administration’s top Supreme Court lawyer, wrote Friday, less than two days after the appellate ruling.
A lawyer for the anti-abortion doctors and medical organizations suing over mifepristone said the justices should reject the drugmaker’s and the administration’s pleas and allow the appeals court-ordered changes to take effect.
The fight over mifepristone lands at the Supreme Court less than a year after conservative justices reversed Roe v. Wade and allowed more than a dozen states to effectively ban abortion outright.
The justices are being asked for a temporary order to keep in place Food and Drug Administration regulations governing mifepristone. Such an order would give them time to more fully consider each side’s arguments without the pressure of a deadline.
The Biden administration and Danco, which is based in New York, also want a more lasting order that would keep the current rules in place as long as the legal fight over mifepristone continues. As a fallback, they asked the court to take up the issue, hear arguments and decide by early summer a legal challenge to mifepristone that anti-abortion doctors and medical organizations filed last year.
The court rarely acts so quickly to grant full review of cases before at least one appeals court has thoroughly examined the legal issues involved.
A ruling from the 5th U.S. Circuit Court of Appeals late Wednesday would prevent the pill, used in the most common abortion method, from being mailed or prescribed without an in-person visit to a doctor. It also would withdraw the Food and Drug Administration’s approval of mifepristone for use beyond the seventh week of pregnancy. The FDA says it’s safe through 10 weeks.

Lawyer Blog Post 2022/11/15 15:30
The company that makes Jack Daniel’s is howling mad over a squeaking dog toy that parodies the whiskey’s signature bottle. Now, the liquor company is barking at the door of the Supreme Court.
Jack Daniel’s has asked the justices to hear its case against the manufacturer of the plastic Bad Spaniels toy. The high court could say as soon as Monday whether the justices will agree. A number of major companies from the makers of Campbell Soup to outdoor brand Patagonia and jeans maker Levi Strauss have urged the justices to take what they say is an important case for trademark law.
The toy that has Jack Daniel’s so doggone mad mimics the square shape of its whisky bottle as well as its black-and-white label and amber-colored liquor while adding what it calls “poop humor.” While the original bottle has the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the parody proclaims: “The Old No. 2 on Your Tennessee Carpet.” Instead of the original’s note that it is 40% alcohol by volume, the parody says it’s “43% Poo by Vol.” and “100% Smelly.”
The toy retails for about $13 to $20 and the packaging notes in small font: “This product is not affiliated with Jack Daniel Distillery.”
The toy’s maker says Jack Daniel’s can’t take a joke. “It is ironic that America’s leading distiller of whiskey both lacks a sense of humor and does not recognize when it — and everyone else — has had enough,” lawyers for Arizona-based VIP Products wrote the high court. They told the justices that Jack Daniel’s has “waged war” against the company for “having the temerity to produce a pun-filled parody” of its bottle.
But Jack Daniel’s lead attorney, Lisa Blatt, made no bones about the company’s position in her filing.
“To be sure, everyone likes a good joke. But VIP’s profit-motivated ‘joke’ confuses consumers by taking advantage of Jack Daniel’s hard-earned goodwill,” she wrote for the Louisville, Kentucky-based Brown-Forman Corp., Jack Daniel’s parent company.
Blatt wrote that a lower court decision provides “near-blanket protection” to humorous trademark infringement. And she said it has “broad and dangerous consequences,” pointing to children who were hospitalized after eating marijuana-infused products that mimicked candy packaging.
