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Dutch court upholds Amsterdam’s ban on new tourist stores
Court Line | 2018/12/19 18:48

The Netherlands’ highest administrative court has upheld an Amsterdam municipality ban on new stores in the city’s historic heart that sell goods specifically to tourists.

The Council of State ruling Wednesday is a victory for the Dutch capital’s attempts to rein in the negative effects of the huge number of visitors crowding its streets.

The court says that the ban on new tourist stores in downtown Amsterdam, which went into force in October 2017, doesn’t breach European Union rules.

The ban is aimed at halting the spread of stores selling products like mementos and cheese that cater almost exclusively to tourists. The municipality argues that they spoil the city for local residents.

Millions of tourists visit Amsterdam every year, leading to overcrowding of its narrow, cobbled streets and resident complaints.




Uber loses UK case on worker rights, expected to appeal
Legal PR | 2018/12/18 02:48

Lawyers say the taxi hailing app Uber has lost its appeal against a ruling that its drivers should be classed as workers in a case with broad implications for the gig economy.

Law firm Leigh Day says Britain's Court of Appeal upheld an earlier ruling that found the company's drivers are workers, not independent contractors and therefore should receive the minimum wage and paid holidays. Uber is expected to appeal.

Though the company argued that the case applies to only two drivers, Uber has tens of thousands of drivers in the U.K. who could argue they deserve the same status as the former drivers covered by decision. The court says some 40,000 drivers use the platform in the U.K., though the company said the number had grown since the submission to 50,000.

San Francisco-based Uber has expanded rapidly around the world by offering an alternative to traditional taxis through a smartphone app that links people in need of rides with drivers of private cars. That has drawn protests from taxi drivers who say Uber and similar services are able to undercut them.



Colorado baker returns to court over 2nd LGBT bias allegation
Court Line | 2018/12/17 02:49

Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.

Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."

"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.

State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.

The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.

She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.



Human rights court rules against Greece in Sharia law case
Court Line | 2018/12/15 02:50

Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.

The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.

The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.

The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.

"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.

"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."

Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.



Spanish court gears up for high-stakes trial of separatists
Court Line | 2018/12/14 02:52

A preliminary hearing in a rebellion case against Catalan separatists Tuesday displayed some of the dynamics between defense and prosecutors expected during a trial that is likely to dominate Spanish politics.

Altogether, 18 former politicians and activists from the Catalonia region are charged with rebellion, sedition, disobedience and misuse of public funds for their parts in an attempt to secede from Spain last year.

At Tuesday's hearing, a panel of seven magistrates heard from defense attorneys who argued the trial should be heard by the top regional court in Catalonia rather than Spain's highest court in Madrid.

Prosecutors countered that Madrid was the proper venue, saying the events that led regional lawmakers to make a unilateral declaration of independence on Oct. 27, 2017 had ramifications outside of Catalonia.

The country's top court also has jurisdiction, prosecutors argued, because the secession attempt affected all Spaniards.



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