Category: Law

Copper busted for using stolen license plate — ignored 500+ tickets

oliu

A police detective faces felony charges for using stolen license plates to avoid tolls on Florida’s Turnpike.

Sweetwater police detective Octavio Oliu surrendered Thursday, more than a year after he was suspended from the tiny, scandal-ridden department in Miami-Dade County…

Sweetwater Mayor Jose Diaz said 42-year-old Oliu had been on unpaid leave…

The investigation began in August 2013 when a highway patrol trooper stopped Oliu’s SUV. The trooper ran a computer check of the Michigan license plate and found it had been reported stolen.

Oliu is accused of racking up over 500 SunPass toll violations and red-light camera citations.

He’s charged with official misconduct and organized scheme to defraud.

What’s his claim for innocence? He was working undercover? He didn’t notice he had a Michigan plate on his car?

Har!

Alaska becomes 3rd state with legal weed

Alaska on Tuesday became the third U.S. state to legalize the recreational use of marijuana, but organizers don’t expect any public celebrations since it remains illegal to smoke marijuana in public.

In the state’s largest city, Anchorage police officers are ready to start handing out $100 fines to make sure taking a toke remains something to be done behind closed doors.

Placing Alaska in the same category as Washington state and Colorado with legal marijuana was the goal of a coalition including libertarians, rugged individualists and small-government Republicans who prize the privacy rights enshrined in the Alaska state constitution.

When they voted 53-47 percent last November to legalize marijuana use by adults in private places, they left many of the details to lawmakers and regulators to sort out.

That has left confusion on many matters.

There’s a surprise, eh?

That’s left different communities across the state to adopt different standards of what smoking in public means to them. In Anchorage, officials tried and failed in December to ban a new commercial marijuana industry. But Police Chief Mark Mew said his officers will be strictly enforcing the public smoking ban. He even warned people against smoking on their porches if they live next to a park.

But far to the north, in North Pole, smoking outdoors on private property will be OK as long as it doesn’t create a nuisance, officials there said…

In some respects, the confusion continues a four-decade reality for Alaskans and their relationship with marijuana.

Alaska has been burdened sufficiently with conservatives, religious nutballs and rightwing libertarians to have had any number of changes over the last four decades about what to do over getting a little mellow, being a drunk, how and where to have sex. This is just part of the whole package.

Fortunately, the Leftish flavor of libertarianism plus progressive Dems and Independents seems to be prevailing this week.

Who can sort out your online world after you shuffle off this mortal coil?

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Facebook…has finally decided how to handle the photos and friend requests of its deceased users. In Facebook’s settings, people can now appoint a friend or family member to be in charge of their legacy. The person gets to make one last public post, download all their loved one’s Facebook photos, and respond to friend requests.

The decision was applauded by estate planners—especially because it gets around the issue of needing a password to get into people’s accounts. Yet it doesn’t solve all the problems around online information after death.

For example, what happens if a user dies, and family members want to see private messages to get clues about whether it was a suicide? Using their password to get into the account, which is banned by Facebook’s terms of service, would violate federal privacy laws, says James Lamm, a principal at a Minnesota firm in charge of estate planning. Appointing a legacy account handler on Facebook also isn’t legally binding and doesn’t transfer any of the intellectual property on videos or poetry the person may have posted, he said.

For attorneys such as Lamm…the infrastructure of the digital world has created countless barriers for clients seeking to access bank accounts, find answers surrounding a death, or simply collect all the memories they can about the person they lost. Passwords, terms of service, encryption, and cloud storage all complicate the search for information required after a death.

Inconsistency – therefore uncertaincy – remains through the breadth of online providers. The article goes on to note a few and makes suggestions. My own unqualified advice is to sort out reponsibility, administrative rights, by assigning someone the rights to your intellectual property just as you would with real property.

It’s a new world; so, a new set of questions has to be answered. As usual in our society, the questions become pointed when dealing with something of value.

Mississippi Bill puts Jesus at the wheel — without qualifying drivers license

A few years ago, someone created a Facebook event page for “Jesus, Take the Wheel” Day. It encouraged Christian drivers to remove their hands for a total of five minutes on the highway on a particular day and let Jesus control the car.

That turned out to be a joke (thankfully), but Mississippi legislators may soon pass a very real bill that lets people get behind the wheel of a vehicle they have no business driving… as long as it’s church-owned:

House members on Thursday [Feb. 5] passed a bill exempting mid-sized church buses from the state’s commercial driver’s license requirements, prompting one lawmaker to call it the “Jesus Take the Wheel Act.”

The bill, HB 132, would help congregations lacking a CDL-certified driver transport up to 30 passengers in a church-owned vehicle…

Current law requires CDL-certified drivers for any vehicle transporting more than 16 passengers, including the driver. The bill would amend that law to exempt church buses designed to carry 30 passengers or less.

It’s a ridiculous and potentially-harmful exemption. Keep in mind that obtaining a CDL license isn’t that hard. You simply have to pass a written test, a driving test, and a physical exam…

If state officials care so little about the safety of passengers in these church-owned vehicles — and the people who have to be on the road with these drivers — they may as well just pass a bill allowing Jesus to take the wheel.

An automatic parallel with the stupidity of allowing religious/philosophical exemptions from vaccination. Just as safety amd the public good is the mandate for public health regulations the same is true for regulations affecting travel on public highways.

There really is no need to debate every portion of the Constitution that bothers superstitious people who think the safety of their holy butts is guaranteed by some wraith in the clouds.

Mounties say opposition to Keystone XL pipeline are terrorists

We knew that the Canadian government wasn’t fond of environmentalists…However now apparently they have got the beloved Mounties to carry their luggage. According to a report obtained by Greenpeace and published in the Globe and Mail, the RCMP wrote last year:

There is a growing, highly organized and well-financed anti-Canada petroleum movement that consists of peaceful activists, militants and violent extremists who are opposed to society’s reliance on fossil fuels…If violent environmental extremists engage in unlawful activity, it jeopardizes the health and safety of its participants, the general public and the natural environment.

Evidently opposition to the development of the tar sands ” runs counter to Canada’s national interest and links groups such as Greenpeace, Tides Canada and the Sierra Club to growing militancy in the “anti-petroleum movement…”

The report extolls the value of the oil and gas sector to the Canadian economy, and adds that many environmentalists “claim” that climate change is the most serious global environmental threat, and “claim” it is a direct consequence of human activity and is “reportedly” linked to the use of fossil fuels.

The Royal Canadian Mounted Police used to have such a positive image. It’s remarkable how they have so totally managed to ruin it over the last few years. Now they are protectors of the oil sands and criminalize environmentalists. What a shame.

The RCMP hasn’t matched the movies image for decades. If the government needs strikebreakers, someone to assault activists over any reasonable issue – the Mounties are ready. It doesn’t matter if you’re fighting for First Nation Rights, civil liberties, opposition to the whole bucket of conservative hogwash – you’re a threat to peace and security. And as a national police force it takes some serious politicking to even question their activities.

Republican lawmaker wants yoga pants outlawed


Honi soit qui mal y pense

A Montana legislative panel moved to kill an indecent exposure bill Wednesday after the lawmaker who introduced it said he thinks yoga pants should be illegal.

Members of the House Judiciary Committee voted unanimously to table House Bill 365, which Rep. David Moore introduced Tuesday.

The proposal would have expanded the definition of indecent exposure to include garments that give the appearance of a person’s buttocks, genitals, pelvis or female nipple.

The Republican from Missoula said he wouldn’t have a problem with people being arrested for wearing such provocative clothing such as tight-fitting beige garments. Moore also said yoga pants should be illegal.

Although members of the committee giggled about the bill, no discussion was allowed before a voice vote to table it.

Moore and retired professor Walt Hill drafted HB 365 after last year’s Bare as you Dare bicycle event outraged some residents last summer…

The U.S. Supreme Court ruled in 1991 that state prohibitions on public nudity are constitutional given that nudity itself is not an expression. Bare as you Dare organizers call the event a celebration of body image and bicyclists’ right to use public roads.

Obviously, there isn’t a Lululemon store in Missoula. This fossil would be out there picketing every day. Probably trying to sneak a peek at the customers at the same time.

Republican War on Women now demands rape audits

war on women

House Republicans are currently advancing the “No Taxpayer Funding For Abortion Act,” or HR 7, a measure that would impose sweeping restrictions on abortion coverage that could make the procedure less affordable for Americans across the country. In addition to preventing low-income women from using their Medicaid coverage to access abortion, HR 7 could also have dramatic implications for the tax code and the private insurance market. One of its most controversial provisions could actually require the Internal Revenue Service to conduct audits of rape victims.

Why? Because HR 7 eliminates medical-expense deductions for abortion care, essentially raising taxes on the women who opt to have an abortion. Like many abortion restrictions, this provision includes an exemption for victims of rape and incest, as well as women who encounter life-threatening complications from their pregnancies. But in order to enforce those exceptions, the IRS would have to verify that the women who are claiming a medical-expense deduction for an abortion fall into one of those three categories, to ensure they’re not committing tax fraud.

This is coming from the creeps who fund their politics on the basis of servicing corporate tax fraud.

Essentially, that would empower the government agency to have the final say over what “counts” as a sexual assault or a life-threatening situation. And that, in turn, would force victims to prove their case.

“Imagine having to recount a sexual assault — a horrifyingly painful, personal experience — to a tax collector,” NARAL Pro-Choice America says in an action alert to its members to encourage them to mobilize against HR 7. “An anti-choice bill in Congress would do just that. It could force sexual assault survivors who access abortion care to prove the assault occurred…”

But even when abortion restrictions do include some kind rape exception, as HR 7 does, the issues don’t end there. Exceptions for rape victims have some unintended consequences. They require some kind of system to separate the women who have become pregnant from sexual assault from the other women who want to end a pregnancy for a different reason. They essentially necessitate “rape audits.”

Today’s flavor of conservatism has rejoined 19th Century religious fundamentalism that still considers women to be nothing more than servants, obedient to the family patriarch. With politics to match.

Judge rules perp’s upskirt creative freedom trumps girl’s privacy

An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old’s skirt.

It was lewd and appalling, but not outlawed, Washington County Judge Eric Butterfield said.

“From a legal point of view, which unfortunately today is my job to enforce, he didn’t do anything wrong,” the judge said…

Patrick Buono of Portland didn’t dispute using his cellphone to take upskirt photos on Jan. 3 at the store in suburban Beaverton…

But his defense lawyer, Mark Lawrence, argued Buono didn’t violate the laws against invasion of privacy and attempted encouraging child sexual abuse, a child pornography count…

The privacy law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning booths, but the Target aisle was plainly public, Lawrence said…

The privacy law also specifies nudity, and the girl was wearing underwear, Lawrence said…

“Sure, she’s in a public place. But she had an expectation of privacy that a deviant isn’t going to stick a camera up her skirt and capture private images of her body,” Deputy District Attorney Paul Maloney said…

Maloney said Buono took the photos hoping they would be explicit.

After the ruling, Buono shook his lawyer’s hand and hurried from the courtroom.

The differentiating feature in legal and illegal porn like this has always been participation, permission. And in the case of a minor, even a parent or guardian typically can’t give permission for an illegal act.

Poisonally, I think if the judge had the courage to defend privacy – a scarce enough commodity in 21st Century America – he’d have no shortage of defenders within and without the legal profession.

Canada Supreme Court strikes down ban on doctor-assisted suicide

kay carter
Kay Carter

The Supreme Court of Canada shifted the goalposts Friday on one of the most fundamental of human laws.

In a charter precedent that will go down in the history books as Carter vs. Canada, the court unanimously struck down the ban on providing a doctor-assisted death to mentally competent but suffering and “irremediable” patients.

The emphatic, unanimous ruling prompted tears of joy and frustration on both sides of the debate, reverberated through provincial health ministries and doctor’s offices across Canada, and left skittish federal parliamentarians groping for time to digest the implications.

“The prohibition on physician-assisted dying infringes on the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice,” the nine justices flatly asserted.

Cripes. Difficult to imagine what opportunities for progressive law and justice we might have in the United States if we didn’t have a Supreme Court half-populated with reactionary lawyers who lied to Congress to cop the gig. And conservatives and lame liberals in Congress knew damned well they were lying.

The judgment — left unsigned to reflect the unanimous institutional weight of the court — gives Parliament a year to draft new legislation that recognizes the right of clearly consenting adults who are enduring intolerable physical or mental suffering to seek medical help in ending their lives.

It does not limit physician-assisted death to those suffering a terminal illness.

And to put an exclamation mark on the ruling, the court awarded special costs against the government of Canada for the entire five-year course of the litigation, less 10 per cent to be paid by the government of British Columbia.

The court suspended its judgment for 12 months, during which the current law continues to apply, placing enormous pressure on Parliament to act in what is an election year…

The political toxicity of the issue was immediately apparent Friday: Not a single MP asked the government a question about the decision during question period, despite the presence of Justice Minister Peter MacKay in the House…

Cowards.

For the families of Gloria Taylor and Kay Carter, two now-deceased women who originally sought a B.C. court’s help to end their suffering, it was an unqualified victory.

Lee Carter, who accompanied her 89-year-old mother to Switzerland to legally end a life ravaged by debilitating disease, raised a bouquet of flowers to the heavens in the Supreme Court lobby as she tearfully recalled her mother’s legacy.

“Justice, dignity and compassion were the defining qualities of my mother,” Carter, flanked by her family, told a crush of reporters.

“We just felt that it was a fundamental right for Canadians that they should have this choice…”

The decision reverses the top court’s 1993 ruling in the case of Sue Rodriguez, a fact the decision attributes to changing jurisprudence and an altered social landscape.

Drop something like this in our Congress’ lap and they would try to defend a ruling from 1793.

Meanwhile, I wonder if you would be required to be a citizen, merely resident to utilize the ruling or if visiting – as in Switzerland – would be sufficient. I have no plans or need for this, right now; but, I might have to ring up my kin and put things in motion for dual citizenship.