Man Prosecuted for Possessing Eagle Feathers

The First Amendment to the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .”  Notwithstanding the First Amendment, Congress passed a law that establishes religions of native American Indians.

In 2002, Samuel Wilgus, a non-Indian, was prosecuted for illegal possession of eagle feathers under the Migratory Bird Treaty Act and the Eagle Act. Wilgus received training in the Native American Church and was given the feathers as a gift. Eagle feathers are an important part of many native religions, but currently, only American Indians have the right to use and posses eagle feathers.  This poses a problem for non-native followers of Indian religions. Should someone like Wilgus have the same right to posses eagle parts as Indian practitioners?

South Butt vs. North Face

Attorneys for North Face, the clothing line, sent a letter to an 18 year old who started a clothing line called “South Butt.”  The demand letter said

Your use of the South Butt & design mark and the Never Stop Relaxing tagline is not defensible as a parody.  It is our client’s hope that this matter can be amicably resolved and that you will voluntarily abandon your pending trademark application and immediately discontinue your use of the South Butt and Design Mark and the Never Stop Exploring tagline.

The young designer’s lawyer responded, “There appears to be little recognition, if any, that the savvy of consumers precludes anyone from confusing a face with a butt.”  I agree.

Granny Bought Sudafed, Went to Jail

TribStar.com:  See the previous post called “You Commit Three Felonies a Day” about a new book that says the are so many laws now that all of us are constantly violating the law without knowing it.  That’s what happened to a woman who bought sudafed for her family.

When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.  Now, Harpold is trying to clear her name of criminal charges, and she is speaking out in hopes that a law will change so others won’t endure the same embarrassment she still is facing.  “This is a very traumatic experience,” Harpold said.

Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.  Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.

You Commit Three Felonies a Day

Wall St. Journal:  “Boston civil-liberties lawyer Harvey Silverglate calls his new book “Three Felonies a Day,” referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.”

MI Woman Threatened with Fines for Babysitting Friend’s Kids

WZZM13.com:  The Michigan Department of Human Services threatened a Michigan woman with  fines and jail time for babysitting her neighbors’ children.  The woman lives near the bus stop and watches three of her friends’ children for 15-40 minutes in the morning until the bus comes.  State Representative Brian Calley said:

“We have babysitting police running around this state violating people, threatening to put them in jail or fine them $1,000 for helping their neighbor (that) is truly outrageous”

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