Update: Constance McMillen had a "Prom"

Perhaps the subtitle of this post should ask how a Federal judge feels about being misled, or how they would feel about making a mistaken ruling, or whether a missed deadline excuse is contempt of court?

Early internet reports about the parent-sponsored prom for Itawamba Agricultural High School in Fulton, Mississippi claimed that Constance McMillen, the lesbian student who wanted to attend with her girlfriend wasn't invited. But in issuing his ruling confirming that her rights had been violated, Judge Glen H. Davidson said that he wouldn't order the school to hold a prom because the parents had done so much work in organizing an alternative and Miss McMillen had been told that she would be welcome.

Unfortunately, Constance supposedly missed the deadline for purchasing a ticket to the substitute prom, so whomever was selling the tickets took her phone number and in what sounds like a fit of panic over getting sued, the parents cancelled their prom and hurriedly issued refunds from the parking lot of a local church.

Then, a second make-up prom was scheduled for the local country club and according to media reports and comments from local residents, Miss McMillen spent less than an hour at the event without a date. Her publicity-shy girlfriend had never intended to go to the original make-up prom and at one time, it was believed that Miss McMillen would be attending with another girl, but if 'net comments are to be believed, it doesn't sound like the back-up date showed.

As I said, the initial internet reports were that Constance wasn't invited to the first alternative prom, but for some reason, the judge was under the impression that she would be welcome, which is why he didn't order the school to hold one of their own. After the parent-sponsored prom was originally cancelled, post-McMillen trying to buy a ticket, multiple unnamed parents told the Tupelo Journal that their prom was to have the same rules as those used by the school anyway, which meant no same-sex couples would be allowed.

Thankfully, the hastily-arranged, second alternative prom didn't plan to follow the school's rules and Constance was allowed to attend, but by that time, one must assume that the whole thing had become a letdown for all involved and because the judge didn't force her rights to be protected, poor Constance's victory seems sort of hollow.

Though, next time, the schools should know better than to ban same-sex or mixed-race couples and hopefully Judge Davidson has learned that empty promises from an ad-hoc group does not trump a court order, especially when it's passed down to a legal, governmental body.

ETA: A Mississippi blog alleges the country club prom was a decoy.
Confirmed: Local media has reported the dual prom story

Update: Constance McMillen & Her Miss. Prom

Since we initially reported on Constance McMillen and her quest to receive equal treatment from her community, she's done a whirlwind of appearances including one on Ellen, where she was given a $30,000 college scholarship and on Tuesday, a federal judge ruled on her motion for a preliminary injunction.

Basically, Reagan-appointed Judge Glen H. Davidson said that the school violated her rights when they barred same-sex couples and told Ms. McMillen that her girlfriend couldn't wear a tuxedo, but he declined to order the school to reinstate the prom because so much work has been put into an alternative.

According to the Tupelo Journal, the organizers of the parent-sponsored event have told Miss McMillen that she and her date are invited, a factor the judge took into consideration for his ruling. As of yet, the young women were hoping to go, but were waiting to see if they would feel comfortable.

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Update: Things are Still Murky in Aspen

Last week, I posted about the situation in Aspen (CO) where Troy Hooper, a local newspaper editor offered a beleaguered police officer more favorable treatment, as payback for not arresting him on a DUI.

Today, the Aspen Times is reporting that Valerie McFarlane was given a $10,000 severance package, in exchange for agreeing not to sue.

In Aspen, apparently they love their quid pro quos.
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Update: The Aspen Daily News has suspended Mr. Hooper for two weeks and he'll be on probation after his return.

He denies that there was a "quid pro quo", though he admits that it could've been perceived that way and in addition to further details from the tape, the announcement also reveals that Mr. Hooper had sent threatening emails to the Aspen Times, which broke the story and tried to get the Associated Press to quit pursuing it.

Editorial: McFarlane's golden parachute (Aspen Times)

Snip: Sure, Oprah is Influential, but...

Winfrey herself acknowledged the power of her words when she said in a deposition that she thought only two people -- President Barack Obama and his wife Michelle -- wield more influence in the media, Mzamane's lawyers said in a brief.

(Source)

Related: Defamation suit against Oprah Winfrey to proceed

Dragging Mississippi into the 21st Century

Constance McMillen, an eighteen year-old senior at Itawamba County Agricultural High School in Fulton (MS) anticipated an annual memo outlining the rules for the prom, which in previous years had banned same-sex dates, by asking permission to be accompanied by her girlfriend, who would be wearing a tux.

School officials told her that she and her girlfriend couldn't arrive together, neither could wear a tuxedo and they may be asked to leave, if other students complained or felt uncomfortable.

Ms. McMillen sought the assistance of the Mississippi Safe Schools Coalition, which was formed to protect the rights of LGBT students, who put her in touch with American Civil Liberties Union. The ACLU sent a letter demanding that the school change it's policy by Wednesday or face a lawsuit. As the deadline approached, the local school board decided to simply cancel the event "due to the distractions to the educational process caused by recent events".

The ACLU is now seeking a court order to reinstate the prom and to allow Constance to attend with her date, dressed as they like.
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Notes: Itawamba is a rural county near Pontotoc, where school officials were sued about a decade ago to stop Bible classes and daily prayer.

According to Google:Maps, Fulton is a 116-mile drive from Charleston (MS), where the actor Morgan Freeman famously paid for the town's first inter-racial prom, an odyssey which was documented in the award-winning 2009 film, Prom Night in Mississippi.

Also, though the headline appears to be a bit misleading, one could argue that local reaction has been mixed and the media campaign waged by the ACLU has been drawing attention.

Update YouTube Thanks from Constance (via Feromoon, via Twitter)

Phil McGraw Getting Sued Left & Right

Two women who participated in a 2007 episode of Dr. Phil have sued because they were subjected to a naked man, and a Minnesota man has also filed suit against Dr. Phil McGraw and his show's spin-off, The Doctors, because segments from an episode in which he participated was rerun over his objections.

The commonality between these lawsuits seem to be the amount of pressure applied to sign the release and their overall treatment by staff.

The women had agreed to spend a week in the "Dr. Phil House" along with four others to help combat their social anxiety. When a naked man showed up for dinner, the women locked themselves in a bedroom and though they strongly objected, they allege that the staff belittled and showed little regard for their concerns.

While the man had agreed to do an episode of The Doctors, where his pearly penile papules or penis blemishes were to be removed at no charge. The patient alleges that at pretty much every step, he was misled about the show's purpose, offered false reassurances and though he apparently didn't sign a requested release to allow a rerun, segments were rebroadcast as part of an "embarrassing moments" show.

Driving Dram

The best I can reconstruct from the available web archive...

A somewhat positive article about the "Hot Spot" nightclub in Centerville, Iowa appeared in the Daily Iowegian on April 28, 2006 and in their front page report about City Council actions, the paper noted that renewal of the bar's liquor license had been tabled on May 3, 2006.

This was done so the Council could receive more information after it was reported, the "Hot Spot" had been the scene of 51 police calls, "Gordie's Bar" had 45 and another local establishment had been the scene for 31, more.

A few days later, after hearing from the Hot Spot's owners, their liquor license was renewed with conditions.

On September 2, Karl "Dan" Ehl, the managing editor of the Iowegian was in Gordie's with a couple of British journalists, when the owner of the Hot Spot, Wade Adams became verbally abusive and in an altercation over the May article, knocked Ehl unconscious.

Now, three and half years later with the criminal proceedings complete, after Adams and his accomplice have been paroled on their five year sentences, Ehl has filed suit against Gordie's Bar under Iowa's "Dram Shop" law because they continued to serve Mr. Adams and his friend, ignoring the evidence that they were already intoxicated.

Update: Mr. Ehl lost his case.

DeBeers: Justice Wins Less Than Interest

Plaintiffs started suing De Beers (diamond mining, wholesaler and merchant) in 2001 for price-fixing, deceptive advertising and other crimes against the market.

The cases were consolidated into a class action to include most people who purchased diamonds between 1994 and early 2006; a settlement was agreed to in 2008 and as WSYR reports, everyone should get their $10-$20 in about another year, possibly more.

Knight Rider Reboot Still Losing Money

A Vermont plastics manufacturer is suing Shelby Automobiles for an unpaid order of 1,750 Shelby Mustang hood, wind splinter and mirror cover kits, along with all of those used in the 2008 Knight Rider series.

The Rutland Herald estimates, they are due almost $7 million dollars.

Feed the Children

It used to be a staple, especially around the holidays. Throughout the nation, up and down the cable dial, our hearts were tugged by informercials showing poor American children in need and Larry Jones, along with his wife and occasional celebrity guests begging for us to give just a few cents a day to pool resources and buy warehouses of food for these unfortunate waifs.

Unbeknownest to me, the charity has been in turmoil for months and Mr. Jones, the group's founder was ousted back in November.

Within days of the personnel action, Mr. Jones filed a wrongful termination suit and this morning, the charity has filed a countersuit claiming that he had solicited bribes, misspent, pocketed travel funds and had hid pornography in the company offices.

The Oklahoman has full page of ongoing coverage, complete with today's actions, past articles, meeting minutes and other documents.

At first glance, I really can't tell whether Mr. Jones' "crimes" are more than a common, "redneck", old way of doing business with some Penthouse Forums inserted for their salaciousness, but because his informercials have haunted generations of stoners every Saturday morning, the Oklahoman index certainly makes for a good read.

Man Sues to Rewrite Web History

David Fairhurst of Carmel Valley (CA) was convicted of two counts of making threatening phone calls to Supervisor Dave Potter and was twice served with restraining orders over a period of years.

After the second restraining order, Fairhurst surrendered more than 200 guns, but he takes issue with a headline in the Carmel Pine Cone describing him as an "armed stalker" because he wasn't convicted of stalking and there's no evidence that he did it "armed".

Mr. Fairhurst says that because of the article, the term "armed stalker" is now linked to his name through internet searches, which could hurt his business, so he's suing for $100,000 and has indicated that he'd settle the case, if the newspaper changed their web archive.

The Carmel Pine Cone has already filed for a dismissal on First Amendment grounds and one would hope that somewhere in the process, Dave Fairhurst learns how the internet works.

CBN Sued Under FMLA

Lance Shultz was the managing producer of the Christian Broadcasting Network's Nashville studio and his daughter suffers from a vascular disease, which caused her to need several surgeries over the past few months and complications required more.

Mr. Shultz requested leave to attend her initial surgeries, which was granted; When complications arose and when she was diagnosed with acute appendicitis, each time he requested additional leave, all of which was granted.

After all was said and done, when he returned to work, Mr. Shultz was fired by his supervisor, who said that "he needed somebody in the office all the time".

Because he believes this is a violation of the Family and Medical Leave Act, Lance Shultz has filed suit against CBN for back pay, lost benefits, interest and attorney's fees.

Paper Super-Sleuths "Elmer Fudd"

A couple of days ago, I provided a "Snip" pointing toward a Myrtle Beach Sun News article detailing the newspaper's appearance in court, where they were ordered to turn over any registration info in their possession about an anonymous commenter named "Elmer Fudd".

Mr. "Fudd" is the target of a defamation lawsuit brought by the Myrtle Beach Area Chamber of Commerce and the case is wholly based upon comments that he had made to the newspaper's forum.

It appears that all the newspaper had on the user was an email address (noadtax@gmail.com) and though they had no direct knowledge through their site registration, they discovered that the email address is also listed as contact for the owner of the Facebook page, "No Ad Tax".

And, the "No Ad Tax" Facebook page includes a link to a "No Ad Tax Petition" which was sponsored by the "No Ad Tax Organization of Myrtle Beach" -- Mark McBride is a leader in the "No Ad Tax" grassroots group.

Mr. McBride is a former Mayor and the current President of the Grand Strand Chamber of Commerce, a competing CoC and though he wouldn't comment about "cartoon characters" when contacted by the paper, the founder of the GSCoC has come forward to say that Mr. McBride has revealed himself to him and has assured him that his organization's computers weren't used to post the comments.

Update (12/7): More from the man who outed McBride & Locals React

Lede: Professor Says Grace Contributed to Suicide

A Harvard Medical School professor states in court documents that CNN talk show host Nancy Grace contributed to the suicide of Melinda Duckett, the mother of missing 2-year-old Trenton Duckett who killed herself three years ago soon after appearing on the popular host's show.

"Her [Duckett's] apparently unanticipated public humiliation on the nationally televised program in question was a substantial contributing cause of her suicide," Dr. Harold J. Bursztajn wrote in a lengthy but preliminary opinion. It was filed recently in the wrongful-death civil case in U.S. District Court in Ocala.

Orlando Sentinel

Snip: Commenter Anonymity

A Horry County circuit court judge Thursday granted a motion by the Myrtle Beach Area Chamber of Commerce to compel the The Sun News to turn over the online registration information of Elmer Fudd, a commenter accused of posting false and defamatory information about the chamber on the newspaper's site.

(Source)

Lack of Knowledge Protects Dixie Chick

Singer Natalie Maines of the Dixie Chicks had seen "documentaries" about the West Memphis Three, three people convicted of killing three 8 year-old boys in 1993 and became convinced of their innocence.

This prompted her to post a plea for their legal defense fund to the band's website, along with information she admitted had come from "the court filing and legal papers" provided by their defense.

Among the items posted was a letter which contained reference to a hair found on a shoelace used to bind the boys, which DNA testing reportedly proved belonged to one of the boy's stepfathers, whom she accused of the killing in her letter and on a Little Rock stage in 2007.

Terry Hobbs, the man Maines accused sued her for libel, but a judge dismissed the case because Hobbs couldn't establish that Natalie knew her statements were false or that she had made them with a "reckless disregard" for the truth.

Jumping the Gun

After the May 6th shooting of Wesleyan University student Johanna Justin-Jinich, police identified a suspect and because of a bad records search, they took a photograph of Cornell University professor Stephen L. Morgan to Wesleyan administrators and inquired if he had any connection to their campus.

According to legal papers submitted by Professor Morgan, police did not give the university permission to release the photo, but apparently they gave it to the media, who broadcast his name and photo along with allegations that he was the shooter and may have been partially motivated by a hatred of Jewish people.

Needless to say, Professor Morgan has filed suit against Wesleyan. He alleges that the photo release and university statements branding him a homicidal racist has damaged his reputation in the community.

Sheriff, Deputy, County, Reporter & Paper Sued

Dave Lovejoy was a candidate for Rockingham County (NH) Sheriff in 2008, when the person holding the office and one of his deputies leaked information about Mr. Lovejoy's annulled criminal record to the press, just over a week before the election.

Sheriff James "Dan" Linehan and his second-in-command Maj. Mark Peirce unlawfully told Portsmouth Herald reporter Karen Dandurant that Mr. Lovejoy had been "involved in a case of simple assault" in 1989. It appears that the Sheriff's office did not tell Ms. Dandurant that the case had been annulled, but when reached for comment, Mr. Lovejoy informed her of this fact. Under New Hampshire law, annulled cases can not be disclosed under any circumstances.

The state Attorney General's office investigated and last week, both Sheriff Lineham and Major Peirce resigned. To avoid prosecution, Mr. Lineham promised that he'd never seek another law enforcement position and both relinquished their law enforcement credentials.

On October 27th of 2008, Karen Dandurant of the Portsmouth Herald wrote an article, which included comments by the Sheriff about Mr. Lovejoy's knowledge of courtrooms because he's been involved in 22 civil cases and she discloses that the paper was "provided" with information about Mr. Lovejoy's arrest. When reached for comment, Mr. Lovejoy told the reporter that the case was part of a "domestic dispute" and that his conviction had been annulled.

Ms. Dandurant is no longer employed by the paper, but because a crime has been established by the state's AG, Mr. Lovejoy has filed a four-count lawsuit against the former Sheriff, the Deputy, the county, the reporter and her paper. He has also asked the county delegation to name him interim Sheriff based on his status as runner-up in 2008.