Illinois imposed a ban on interior smoking in public buildings, including businesses, back in 2008, accompanied by much hue and cry and lamentations of disaster, proclamations of economic disaster and massive closings. Since then, Carbondale has seen one bar, Gatsby's II close, for reasons other than the cigarette ban, and one new store devoted to cigarettes and cigars, as well as four vape shops. Doesn't sound as if the ban has had that much effect on bar business or cigarette demand.
Daily (more or less) commentary on news and events in Carbondale and the Southern Illinois region, with occasional excursions to other locales.
Showing posts with label law. Show all posts
Showing posts with label law. Show all posts
Monday, April 25, 2016
Friday, July 11, 2014
Fire Station Delay
I do wonder about the delay in the fire station opening and blaming it on problems with ADA compliance. One would think the architects would have designed dozens if not hundreds of buildings before and would be well versed in ADA regulations. Why would they allow so many (over 30, it appears) infractions of the regulations to get implemented in their design, given the amount of experience they have?
Update:an email from a reader of the blog indicates there was a design mistake incorporated into the building plans by the firm due to its unfamiliarity with a change in the law in 2012.
Update:an email from a reader of the blog indicates there was a design mistake incorporated into the building plans by the firm due to its unfamiliarity with a change in the law in 2012.
Monday, June 30, 2014
Hobby Lobby Ruling
The Supreme Court just ruled 5-4 that Hobby Lobby, and other similarly closely held corporations, cannot be forced to abide by the Affordable Care Act's requirements to cover contraception for female employees. This concerns me because, like Citizens United, it reverses a long trend of the court saying that the rights citizens of the United States have do not apply to corporations.
The Affordable Care Act contains a provision exempting religious not-for-profit corporations from aspects of the act that might conflict with the religious organization's belief, primarily requirements to cover abortion and reproductive health. There is no such provision for for-profit organizations, which have generally lost when claiming religious exemptions from laws.
However, now Hobby Lobby has successfully used freedom of religion, til now retailed as a right of individuals, as a rational for a non-religious for-profit corporation to opt out of a legal requirement.
The ruling did say it only applied to closely held corporations, such as Hobby Lobby, and does not apply to other areas of medical concern, such as blood transfusions, since apparently Hobby Lobby has a very specific view of what violates its religious beliefs.
The Affordable Care Act contains a provision exempting religious not-for-profit corporations from aspects of the act that might conflict with the religious organization's belief, primarily requirements to cover abortion and reproductive health. There is no such provision for for-profit organizations, which have generally lost when claiming religious exemptions from laws.
However, now Hobby Lobby has successfully used freedom of religion, til now retailed as a right of individuals, as a rational for a non-religious for-profit corporation to opt out of a legal requirement.
The ruling did say it only applied to closely held corporations, such as Hobby Lobby, and does not apply to other areas of medical concern, such as blood transfusions, since apparently Hobby Lobby has a very specific view of what violates its religious beliefs.
Friday, January 25, 2013
Icebox Closed
Notice of an Order of Possession signed by Judge Charles Grace on Jan. 23 against Kevin Kirkwood d. b. a. Icebox Bar and Grill, ordering Kirkwood to surrender the premises at 227 W. Main Street to the property owners immediately and to pay them a judgment of $28,740. The notice is taped to the back door of the Icebox and the front door has been barred shut from the inside.
Tuesday, January 17, 2012
Oakland Ave. Auto Repair
No sign yet that Oakland Ave. Auto Repair has any plans to move as the shop was directed to do in the letter sent by then Assistant City Manager Kevin Baity last November. Quite likely they won't either, as the majority of the city council has shown little to no interest in pursuing the matter further.
From the city's viewpoint, I can certainly see why. The warehouse nee' auto storage facility has sat empty for several years now, gradually deteriorating like many other larger unoccupied buildings in Carbondale (Animal Crackers, Tuscan Lodge, Peerless Linens to name a few). Now the owners have fixed it up and the repair shop does decent business,generating some sales tax revenue for the city.. I pass the location a couple of times a week and always see a couple of cars inside undergoing repairs.
Also, when Home Rentals sought permission to lease the space to the repair shop, the city gave it, wrongly as it turns out. Home Rentals, which has proven fairly dogged in its dealings with the city over the years, could validly claim that the company made substantial investments in the building in good faith and take the city to court should the city decide to pursue the movement order. I'm not a lawyer so have no idea how that would shake out legally, but it certainly seems reasonable from a lay point of view. Home Rentals, as one of the largest landlords in town, certainly has the money to pursue a legal option, likely moreso than one of the residents of the area, who might want to take action against the city for allowing the business to open up in an area not zoned for it.
From the city's viewpoint, I can certainly see why. The warehouse nee' auto storage facility has sat empty for several years now, gradually deteriorating like many other larger unoccupied buildings in Carbondale (Animal Crackers, Tuscan Lodge, Peerless Linens to name a few). Now the owners have fixed it up and the repair shop does decent business,generating some sales tax revenue for the city.. I pass the location a couple of times a week and always see a couple of cars inside undergoing repairs.
Also, when Home Rentals sought permission to lease the space to the repair shop, the city gave it, wrongly as it turns out. Home Rentals, which has proven fairly dogged in its dealings with the city over the years, could validly claim that the company made substantial investments in the building in good faith and take the city to court should the city decide to pursue the movement order. I'm not a lawyer so have no idea how that would shake out legally, but it certainly seems reasonable from a lay point of view. Home Rentals, as one of the largest landlords in town, certainly has the money to pursue a legal option, likely moreso than one of the residents of the area, who might want to take action against the city for allowing the business to open up in an area not zoned for it.
Sunday, April 25, 2010
Pot Still Bad
According to the Illinois Sheriffs Association, or at least the two representatives quoted here. I found this quote especially bemusing:
Oh, I don't know. Maybe if we legalized it, we could have some more control over who has access to it, the same way we do with alcohol and cigarettes? Wonder what would happen to county income if the fines from those hundreds of yearly arrests went away?
From small carries to large distributions, local law enforcement make hundreds of cannabis-related arrests each year and plan to continue the fight to keep marijuana off the streets.
"I'm against it," said Perry County Sheriff Keith Kellerman. "They're going to continue to use drugs, so why legalize it?Oh, I don't know. Maybe if we legalized it, we could have some more control over who has access to it, the same way we do with alcohol and cigarettes? Wonder what would happen to county income if the fines from those hundreds of yearly arrests went away?
Monday, February 1, 2010
Term Paper Sales
A local company selling access to term papers online just lost in district court. According to the ruling, it's OK to sell access to term papers, but if they are not original work, you must have the permission of the original authors.
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