Federal Judge – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Federal Judge Strikes Down Milwaukee’s Pokémon Go Law https://legacy.lawstreetmedia.com/blogs/culture-blog/pokemon-go-law-struck-milwaukee/ https://legacy.lawstreetmedia.com/blogs/culture-blog/pokemon-go-law-struck-milwaukee/#respond Mon, 24 Jul 2017 21:06:07 +0000 https://lawstreetmedia.com/?p=62317

Can Milwaukee catch all the rule breakers?

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"Pokémon GO" courtesy of Eduardo Woo: License (CC BY-SA 2.0)

When Pokémon Go debuted last summer, the mobile game spread across the world–as of April 2017, more than 65 million people were playing, according to Business Insider. The game got people to exercise outside as they pursued Pokémon, but there were also some safety issues because of its augmented reality style.

Milwaukee County enacted an ordinance in February to curb the presence of Pokémon Go-style games in the city. According to the ordinance, game developers would be required to apply for a permit for augmented reality games, like Pokémon Go, to be played in parks.

But last week, U.S. District Judge J.P. Stadtmueller halted the ordinance because he said it may violate the First Amendment. Stadtmueller issued a preliminary injunction that the county cannot enforce the measure until a lawsuit between the county and Candy Lab Inc., which develops augmented reality games, is finished.

Candy Lab Inc. filed the lawsuit in response to the county’s ordinance, according to a local Fox affiliate. Under the county’s order, companies must also obtain a “certificate of insurance” worth $1 million of “general liability coverage,” according to The Hollywood Reporter.

Milwaukee County board supervisor Sheldon Wasserman filed the ordinance because the county was struggling to police activity in parks that doubled as “Pokémon centers” or “Pokémon gyms” for the game. The main issues included “traffic congestion, parking issues, littering, damaged turf, risks to natural habitats, lack of restrooms, and noncompliance with park system operational hours,” according to a report by Milwaukee County Parks. 

Milwaukee County is by far the largest in Wisconsin, home to over 16 percent of the state’s population. Other areas of the country have also experienced safety issues stemming from the game, which can distract people as they walk at night. Last year, three University of Maryland students were robbed at gun point on campus in a one-hour span while playing the game, according to the Baltimore Sun.

The federal judge wasn’t swayed by the public safety issues, however. Instead, Stadtmueller recommends that the county allocate resources to remedying the issue instead of putting the pressure on the companies:

Rather than prohibit publication of the game itself, the County could address its concerns by directly regulating the objectionable downstream conduct. … This might include aggressively penalizing gamers who violate park rules or limiting gamers to certain areas of the park. Such measures would assuage the alleged evils visited upon the parks by gamers while stifling less expression than the Ordinance does.

One issue Stadtmueller brought up in his decision was how broad the restrictions were. For a law such as this to be constitutional, he said, it must be narrowly-tailored to the specific issue and content neutral. The judge didn’t feel that was the case. Stadtmueller believes the current restrictions are too “vague” and provide too much censorship power to government officials, according to The Hollywood Reporter.

The county claims that the games can’t be considered speech, according to a local Fox affiliate. But Stadtmueller said the plot, characters, and dialogue make the game an expression of free speech.

Despite the decision, Wasserman is still committed to fighting for the ordinance. He said he is particularly intrigued by the groundbreaking nature of the case and the potential ramifications.

“I’ve also been told by the lawyers that this case is getting so hot, and that it brings up so many constitutional questions, that this has the potential to go all the way up to the U.S. Supreme Court,” Wasserman said.

Only 10 years ago it would have seemed impossible that people would walk around with their phones catching virtual Pokémon and visiting parks or buildings to battle other gamers. But now that is a reality local governments are facing.

Whichever direction the court proceeds, it will have a ripple effect across the gaming and mobile application industry. Because of the initial injunction, though, Pokémon Go fans can rejoice and continue to enjoy the application wherever, and whenever, they want.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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VA Senator Accepts Bribe & Sells Out Constituents, Incompetence Abounds https://legacy.lawstreetmedia.com/blogs/three-reasons-angry-virginia-senator-bribing-incident/ https://legacy.lawstreetmedia.com/blogs/three-reasons-angry-virginia-senator-bribing-incident/#comments Wed, 11 Jun 2014 19:40:27 +0000 http://lawstreetmedia.wpengine.com/?p=16868

The Virginia GOP allegedly bribed State Senator Phillip Puckett to resign in exchange for a state job for himself and a federal judgeship for his daughter. This whole debacle reeks of incompetence and it's bad for everyone involved.

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You know what I find hilarious? Incompetence. Seriously, it’s one of my favorite things. Especially when it’s political incompetence. Although to be fair, I probably only find it funny because it keeps me from getting too depressed over the current state of American politics. Are y’all curious as to what my favorite political incompetence moment was this week? Well, it was the incident where Virginia Republicans bribed a Democratic state senator by offering jobs to him and his daughter. By doing so, they gained a majority in the Virginia State Senate. Getting that majority may mean that the attempted Medicaid expansion that Gov. Terry McAuliffe has been working on will be derailed. Confused? Me too. There’s a lot going on here. This issue has a bunch of layers. More specifically, a bunch of layers of incompetence. Let’s break them down.

The Incompetence of Phillip “Sure I’ll Accept a Bribe” Puckett

Let’s work from the inside out. In this case, this first layer of incompetence involves now-resigned Senator Phillip “sure I’ll accept a bribe” Puckett. A Democrat from southwestern Virginia’s Russell County, Puckett received an interesting offer from members of the Virginia GOP. According to inside sources, Puckett was in consideration for a job as Deputy Director of the State Tobacco Commission and his daughter has been waiting around to be confirmed to a federal judgeship. The deal, allegedly, was that they would finally get approved if Puckett resigned. So…he resigned.

Although much-deserved backlash has led to Puckett’s announcement that he won’t be seeking the Tobacco Commission job, it seems that his daughter will get her appointment after all. And the Republicans will get what they wanted — Democrats won’t control the Virginia Senate, which likely means that Medicaid expansion in the state is dead. If this is all true, which it seems to be, I have just a few words for Puckett.

Sounds about right. Because if Puckett did take a bribe to leave his elected position as a state senator, he is a selfish bastard. People elected him based on his beliefs. And when you’re elected by the people…well then you work for the people. That means those voters are counting on you. That means that you probably shouldn’t let them down over your own selfish desires. If you wanted a job that you could leave without letting people down, you probably shouldn’t have become a public servant. Maybe Puckett left for some other reason; it does happen. But it’s still a crap move. Because at the end of the day he let down people who count on him.

And on the issue of Medicaid expansion, there were a ton of people who desperately could have used his help. As the Washington Post pointed out, there are about 3,000 of his constituents who have no health insurance. People who could have had their lives changed by Medicaid expansion. Puckett owes every single one of them a damn apology.

The Incompetence of the Virginia GOP

This award goes to the Republicans who bribed him — although incompetence is probably not the right word, because their plan did actually work. Instead, let’s call it nastiness. This is not our political process. Our political process relies on everyone going out and voting. And then after we’ve voted we have elected officials, and hypothetically we’re done there. We do this cool thing where we get to vote them out if we want to, we just need to let them serve out the term first. In some places, we can even recall our elected officials.

You know what we can’t do? Be giant babies and bribe them. I mean I guess we can, because Virginia Republicans just did. But we shouldn’t. It’s cheap, it’s obnoxious, it’s immature. And guess what? It’s also wrong.

The Incompetence of Everyone Who Doesn’t Value Compromise

And that brings me to our last layer of incompetence. It’s a big one. A huge one, actually. Because it’s all of us.

Yup, you. All of you. And me too, if we’re being fair. Without sounding prematurely ancient here, I remember growing up when compromise was a good thing. In school we learned how to compromise to end fights between friends. At home, I learned how to compromise with my parents so we all got what we wanted. And I remember a time when the word “compromise” wasn’t a synonym for evil when used in a political context the way it is now.

We disagree over Medicaid expansion, OK. While I have my own personal feelings about the issue, I recognize that there is a valid argument to be made for the opposing side. But this would all be a hell of a lot easier if we didn’t assume that our politicians can get exactly what they promised us. Because they can’t. They can’t stick to their guns so concretely that compromise becomes impossible. As we learned this week, when that happens you get crap like Puckett accepting a bribe.

So yeah, these layers of incompetence include us too. Let’s reclaim the word “compromise.” Let’s make sure this is the last time we facilitate an environment in which a bribe is a real possibility. Because otherwise, our elected officials will try this again.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Torbakhopper via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Stop and Frisk: Did Ending it Make a Difference? https://legacy.lawstreetmedia.com/issues/law-and-politics/did-the-manhattan-federal-district-court-correctly-rule-that-stop-and-frisk-is-unconstitutional/ https://legacy.lawstreetmedia.com/issues/law-and-politics/did-the-manhattan-federal-district-court-correctly-rule-that-stop-and-frisk-is-unconstitutional/#respond Mon, 18 Nov 2013 22:19:10 +0000 http://lawstreetmedia.wpengine.com/?p=8303

Stop and frisk has been largely abandoned. Were proponents right and crime has gone up or are we just as safe today without it?

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Image courtesy of [Thomas Good via Wikipedia]

Stop-and-frisk policies were one of the hottest topics in law enforcement in the last several years. The controversial New York policy made headlines, led to accusations of racial profiling and discrimination, and was the subject of multiple court cases. Now, the practice has basically been discontinued altogether. Read on to learn about stop-and-frisk policies, the arguments for and against them, and the progress we’ve made since.


What is Stop and Frisk?

Stop and Frisk is a situation in which a police officer detains a suspicious person and runs his hands lightly over the suspect’s outer garments in order to determine if that person is carrying a concealed weapon. If this “patting down” doesn’t alleviate the officer’s suspicion, he may also check the suspect’s pockets. Its constitutionality derives from the 1968 Supreme Court decision of Terry v. Ohio in which the Court ruled that it is constitutional under the Fourth Amendment; however, many criticize the stop-and-frisk practice for being a racial profiling tool, claiming that a disproportionate number of Blacks and Hispanics are subject to it.

On August 12, 2013, in Floyd v. City of New York, the Southern District Court of New York ruled that stop and frisk is unconstitutional under the Fourth Amendment as well as the equal protection clause of the Fourteenth Amendment. The decision was met with a lot of criticism and the Second Circuit Court of Appeals initially blocked and randomly reassigned the case in October 2013, stating that Judge Scheindlin, who wrote the majority opinion in August, “ran afoul” and had “compromised the appearance of impartiality surrounding this litigation.” More recently, the Court of Appeals failed to find any misconduct or ethical violation by Scheindlin and declined to reverse the decision. But it continued the stay on the ruling until the City of New York appealed it.


Why was it ruled unconstitutional in August 2013?

Activists in New York have been fighting stop and frisk for years. The August 2013 decision was based on a wealth of statistical data. Out of 4.4 million stops over the span of eight-and-a-half years, 52 percent of suspects were Black, 31 percent were Hispanic, and 10 percent were White (from a population of 23 percent Black, 29 percent Hispanic, and 33 percent White). Furthermore, in 23 to 24 percent of all stops with Black or Hispanic suspects, the police used force. Contrastingly, the police used force in 17 percent of all stops with White suspects. It was this evidence that prompted Scheindlin to write, “the policy encourages the targeting of young black and Hispanic men based on their prevalence in local crime complaints. This is a form of racial profiling.” Unlike former Mayor Bloomberg who strongly supported the practice, Mayor Bill de Blasio sharply criticized the policy during his campaign and promised to reform it. The public was outraged when the City of New York appealed the August 2013 decision.


What was the argument in favor of stop and frisk?

Supporters of stop and frisk believe in its efficacy for driving down crime. One of the most vocal supporters of the practice said that rules against stop and frisk “will make it harder for our police officers to protect New Yorkers and continue to drive down crime.” He argued that a disproportionate number of Blacks and Hispanics are stopped under this practice because a disproportionate number of them commit crimes. At least 10 out of 19 stops have been deemed justified. A report stated that gun shootings have increased by 2.3 percent between August and November 2013. The efficacy of this practice is further supported by a study that revealed that more than half of stops lead to guilty convictions, therefore keeping criminals off the street.


What’s the status of stop and frisk now?

Stop and frisk has pretty much been eliminated. According to data obtained by the New Republic, stop-and-frisk incidents have fallen by almost 80 percent during the first three quarters of 2014. More importantly, the seemingly apocalyptic scenario that many warned about if stop and frisk was discontinued didn’t happen. In August 2013, right when stop and frisk was ruled unconstitutional, New York City Police Commissioner Raymond W. Kelly said, “No question about it, violent crime will go up.” Bloomberg  agreed: “if you try to so much as reform stop and frisk…you’re playing politics with people’s lives.”

But crime hasn’t actually gone up–in fact, just the opposite. It’s decreased, the same way that it has been steadily decreasing over the last few decades nationwide. Despite no more stop and frisk, the streets of New York City are getting safer.

Stop and frisk does still happen, though it’s gone down a lot. There’s a Twitter account dedicated to memorializing all the times that stop-and-frisk incidents happen, @stopandfrisk. It’s still active, and it still chronicles incidences of stop and frisk being used on citizens.

Stop and frisk could have made some sense, in theory, but ended up being a more problematic program than it was worth, not to mention unconstitutional. It’s heartening to see that the crime rate has continued to fall, even with stop and frisk no longer being used.


Resources

Primary

US Constitution: Fourth Amendment

US Constitution: Fourteenth Amendment

NYPD: New York City Police Department Stop Question & Frisk Activity Official Report of First Quarter, 2013

New York Civil Liberties Union: Stop-And-Frisk Campaign

Center for Constitutional Rights: Floyd, et al. v. City of New York

Additional

Nation: Ending Stop-And-Frisk, Keeping the Racism

Washington Post: Judge Says New York’s ‘Stop-and-Frisk’ Law Unconstitutional

Al-Jazeera: New Yorkers Urge de Blasio to #DropTheAppeal on Stop-and-Frisk

MSNBC: African-American Teen Says Stop-and-Frisk Has Made Him Fear Police

ACLU: We Know That Stop-and-Frisk is All Kinds of Horrible: So Why is it Expanding Nationwide?

Wall Street Journal: Judge Rules NYPD Stop-and-Frisk Practice Violates Rights

USA Today: Trayvon Martin’s Mom Blasts ‘Stop-and-Frisk’

Huffington Post: Joe Lhota Says Only Some of Stop and Frisks Might Constitute Racial Profiling In NYC

Washington Post: Ray Kelley defends New York’s controversial ‘stop and frisk’ law

NY Daily News: Bloomberg Sues City Council to Overturn Law Targeting Stop-and-Frisk Profiling

Washington Times: New York Police, Banned From Stop-and-Frisk, Warn of 12 Percent Drop in Gun Seizures

Reuters: Half of New York’s Stop-and-Frisk Arrests Yield Convictions

Legal Dictionary: Stop-and-Frisk

The New York Times: Court Block’s Stop-and-Frisk Changes for New York Police

Journal of Criminal Law, Criminology: Reflections on New York’s Stop-and-Frisk law and it’s Claimed Unconstitutionality

Fordham Law Review: The Right to Investigate and New York’s “Stop and Frisk” Law

VOA News: After NYC Elections, ‘Stop-and-Frisk’ Debate Persists

 

Law Street Media Staff
Law Street Media Staff posts are written by the team at Fastcase and Law Street Media

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