April 23, 2006

"Cruel and Unusual" punishment

The Ninth Circuit -- again.

Divided three-judge Ninth Circuit panel holds that "the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles."

"Involuntary"?

Quick refresher: The Eighth Amendment is the "cruel and unusual punishment" amendment.

Elsewhere in Cali (which the 9th Circuit covers), a bit of common sense: The state high court tossed out a sexual harassment suit brought a [female] writer for the show "Friends." From back in Feb.:

The California Supreme Court heard arguments yesterday in a lawsuit brought by a writing assistant fired from the program, Amaani Lyle, who contends that the profanity-riddled and sex-laden diatribes of "Friends" writers constituted sexual harassment.

The company that produced the show, Warner Brothers, claims that programs about sex and relationships require frank and freewheeling discussion of the subject matter. The company has also warned that allowing Ms. Lyle to proceed with her case could put a strait-jacket on writers and dilute the quality of what Americans see on movies and TV.

But just a few days ago, in what is the Lyle v. Warner Brothers Television Productions case,

"Based on the totality of the undisputed circumstances, particularly the fact the Friends production was a creative workplace focused on generating scripts for an adult-oriented comedy show featuring sexual themes, we find no reasonable trier of fact could conclude such language constituted harassment directed at plaintiff because of her sex within the meaning of the [California Fair Employment and Housing Act]."
Posted by Hube at April 23, 2006 10:53 AM | TrackBack

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