Archive for Appeals

Selya’s Word of the Day

Limn (limning) – to highlight something with bright light.

Such parties must also (with some exceptions) obtain a permit for each sign. See id. § 3.02(2)(a); see also id. § 3.02(2)(b) (limning exceptions for, inter alia, on-premise signs, on-property for sale or for rent signs, artistic signs, and signs “erected solely for . . . public elections”).

In this appeal Selya reinstated a case challenging Massachusetts billboard regulations on First Amendment grounds. The First Circuit makes something of a habit of striking down Massachusetts state regulations and statutes.

Selya’s Words of the Day

We need not tarry. The sentence imposed in this case falls comfortably within the commodious bounds of reasonableness.

Tarry – intransitive verb. “to abide or stay in or at a place.”

Commodious – adj. “comfortably spacious.”

From an opinion upholding a five-plus year sentence for being in possession of a 9mm pistol modified to be fully automatic.

Selya’s Word of the Week

dysphemistically – adv. substituting a harsher word for a milder one; the opposite of euphemistically.

Plaintiff-appellant Alison Cioffi is an exotic dancer who resides in Woburn, Massachusetts. She applied for and accepted employment with Club Fantasies (the Club), an adult entertainment venue (dysphemistically called a “strip club”) operated in Providence, Rhode Island, by defendant-appellee Gilbert Enterprises, Inc.

On the Use of Hovercraft in the Yukon National Park

John Sturgeon (“Sturgeon”) challenges the National Park Service’s (“NPS”) enforcement of a regulation banning the operation of hovercrafts on the Nation River, part of which falls within the Yukon-Charley Rivers National Preserve. The ban prevented Sturgeon from using his personal hovercraft on his moose hunting trips on the Nation River.

The Ninth Circuit Court of Appeals upheld the ban.