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Category Archives: Constitutional Rights & Issues

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Open-Carriers Pose a Threat to Restaurants with Liquor Licenses

Posted in *Weighing In - IMHO, Constitutional Rights & Issues

Regardless of their personal stance on any hot-button social issue, most business owners do not want their place of business to be the focus of demonstrations on that issue – wisely so, because rarely does being the focus of a political demonstration go hand-in-hand with making money.   However, recently some gun enthusiasts in Dallas put… Continue Reading

WARNING to Liquor License Holders – “Open Carriers” Can Cost you your Liquor License

Posted in *Way Out - Advice, Constitutional Rights & Issues

“Open Carry” advocates recently made the news by openly carrying rifles and shotguns into Texas businesses. The Texas Alcoholic Beverage Commission (TABC) issued a REMINDER to all those who hold a Liquor License that businesses licensed to sell or serve alcoholic beverages are prohibited by state law from allowing rifles or shotguns in the building…. Continue Reading

Whistleblowers, Do Tell?

Posted in *Way Out - Advice, Constitutional Rights & Issues, Employment & Labor, Money

Whizzle Blour, a professor of surgery at University Medical School, complained to his supervisor that trauma residents at University Hospital were treating and operating on patients without an attending physician’s supervision in violation of Medicare and Medicaid law.  After agreeing to settle those federal claims, University Hospital stripped Whizzle of his faculty chair position claiming… Continue Reading

The Case of the Defamed Doctor – SLAPP’ing Down Defamation Cases in Texas

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Legal Risk Management, Social Media & The Internet

Special thanks to guest blogger Alex Fuller for this month’s post.             Who steals my purse steals trash; ’tis something, nothing;             ‘Twas mine, ’tis his, and has been slave to thousands;             But he that filches from me my good name             Robs me of that which not enriches him,             And makes me… Continue Reading

Gentlemen, Start Your Videos

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Legal Risk Management, Social Media & The Internet

Billy Bob Cooter is spending a Sunday doing what he loves most – attending a NASCAR race to watch his favorite driver Ricky Bobby pilot the #26 Wonder Bread car.  It’s a close and exciting race as the drivers begin the final lap towards the checkered flag.  With Ricky Bobby in contention, Cooter decides to… Continue Reading

Have Gun, Will Travel? [Part Two] – Owner’s Liability to Employees for Violent Acts

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Employment & Labor

Last month Tilting pondered an owner’s liability to customers from violence at the midnight showing of “Paladin – the Gentleman Black Knight” – the remake. Patrons and employees alike were ambushed at the Orpheum Theater. According to news reports the Paladin look-alike bought a ticket. After the movie started he slipped out through an emergency… Continue Reading

LEGISLATIVE UPDATE: HB 700 Seeks to Allow Handguns to be Carried Openly

Posted in *2013 Legislative Updates, *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Sports & The Outdoors

Will this Legislative Session impact business owners? With the assistance of our own LRM Freshman State Rep. Jeff Leach, R-Plano, Tilting the Scales will periodically post updates on bills that might affect your business, along with an occasional humorous twist. As an example and keeping in the tone of this month’s postings on gun control, as the… Continue Reading

Have Gun, Will Travel: Owner’s Liability to Patrons for Violent Acts

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Legal Risk Management, Property Issues

Attendees at the midnight showing of the remake of the movie “Paladin – the Gentleman Black Knight” were ambushed at the Orpheum Theater. According to news reports the accused bought a ticket and sat in the audience. He waited until after the movie started and then stepped out where he donned riot gear and re-entered… Continue Reading

Glock on Board: Can you Keep a Handgun in Your Car if you Don’t have a Concealed Handgun License?

Posted in *Way Out - Advice, Constitutional Rights & Issues, Criminal Law, Sports & The Outdoors

Sam Colt lives in Dallas and is a gun enthusiast.  As a result of a rash of car jackings in his neighborhood, Colt regularly carries a Glock 9mm in his vehicle for self-protection, although he does not have a concealed handgun license.  Driving to his local bank last week, Colt tosses his gun into the… Continue Reading

Most Likely to Secede: Does Texas have the Constitutional Right to Secede

Posted in *BTW - Noteworthy, Constitutional Rights & Issues

Hank Hill, a resident of Arlen, Texas, works as a salesman selling propane and propane accessories.  Extremely unhappy with the results of the recent presidential election, Hill initiates a petition for Texas to secede from the United States.  Hill claims that Texas was a sovereign nation when it joined the Union in 1845 and that… Continue Reading

You Have the Right to Vote MY WAY: Can Companies Influence their Employee’s Vote?

Posted in *Way Out - Advice, Around the Holidays, Constitutional Rights & Issues, Employment & Labor

Barack Romney owns a timber and building products business. Earlier this month he mailed his employees a packet suggesting that many of the company’s more than 50,000 U.S. employees and contractors may suffer consequences of higher gasoline prices, runaway inflation, and other ills if we elect a candidate who want to “spend money on subsidies,… Continue Reading

Affirmative Action In College Admissions

Posted in *Way Out - Advice, Constitutional Rights & Issues

Jim Locher is a graduating Texas high school senior who finished just outside the top ten percent of his class.  Although his top college choice was the University of Texas at Austin, he wasn’t admitted.  Soon thereafter, Locher, who is white, became quite upset when he learned that, although faring better academically in high school,… Continue Reading

Keeping a Good Name: Protecting Yourself From Internet Defamation

Posted in *Way Out - Advice, Constitutional Rights & Issues, Legal Risk Management, Social Media & The Internet

Local dermatologist Dr. Nomo Ackney’s former patient Idgy Skinn is posting derogatory comments and inferior ratings on HealthGrades.com, Rate MDs.com, Vitals.com, AngiesList.com, TopIx.com and Ackney’s Google Places. He is even calling out and speaking ill of Ackney’s family members and posting Ackney’s home address on Facebook. The complaints detail Ackney’s treatment and allege she is… Continue Reading

Immigration – In or Out?

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Employment & Labor

Sean D’Leer and Patty O’Door are the proud owners of STD Contractors, a heavy construction business in Texas. They are starting to see more large commercial development activity and are considering hiring more laborers to staff up for what they hope to be a sustained economic recovery. However, all of the recent news about immigration… Continue Reading

ObamaCare: Is it Really Out of the Woods?

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Employment & Labor

Dan Driver’s rapidly growing computer IT business Byte Back is busier than ever and needs help. Not forgetting his cash flow crunches of 2007, Dan is watching labor costs steadily rise. Healthcare insurance is his #2 greatest expense behind wages. All of this talk about employee healthcare insurance has left Byte Back paralyzed as an… Continue Reading

Do TSA “Pat Downs” Violate the 4th Amendment?

Posted in Constitutional Rights & Issues

Pat McCann, a famous 26-year-old super model, was traveling to New York for a lingerie catalogue photo shoot. While standing in line at airport security, Pat overheard a TSA employee tell another passenger that their new full-body scanner was one of 400 recently deployed around the country. Affectionately dubbed a “virtual strip search,” the new… Continue Reading

Explanation of bills that did, and did not, get passed

Posted in Constitutional Rights & Issues, Employment & Labor, Legal Risk Management, Property Issues

The 81st Texas Legislature that began in January ended with an exhausting five-day filibuster of the voter identification bill, a legislative logjam of other major legislation left for debate until late in the session, a frantic last ditch attempt to save much of that legislation, and a final-day meltdown in the Senate. The 2009 session… Continue Reading

Recording a Telephone Conversation in Texas

Posted in Constitutional Rights & Issues, Employment & Labor

Michael is the owner of Phelps Sports & Outdoors, which carries a full range of sporting goods and apparel. Michael is anticipating a surge in interest in swimming after the widely televised and viewed Democracy Games, and wants to have the latest and most sought after swimming merchandise available. The Speezo LZB Speedster swimsuit is… Continue Reading