The Nicholson Nugget: Aug-Sep 2024, issue 40
The Official Newsletter for the Law Office of Mark Nicholson
OFFICE NEWS:
This was another good couple of months. I’ve switched my newsletter to a different platform called Substack. I like the format, and creating a newsletter is much easier than using MailChimp.
We won a federal Civil Rights lawsuit against a big-box store for discriminating against our client. Attorney Audrey Lunsford was also successful in her appeals. Here is her most recent win: Quinisha L Williams v. Willie Cardona-Feliciano, 24A-DC-00750.
The office has been busy, and I’m looking to hire another attorney to help Audrey and me. If you know anyone, please refer them to us. They can also apply on Indeed.
A few things I want to note are:
My good friend and former boss, Bob Hill, has finally retired as the Chief of the Marion County Public Defender Agency. I’m sure he will be missed.
I had a wedding anniversary. Sixteen beautiful years of marriage with my beautiful wife, Gina Nicholson!
One of my former clients has turned her life around, thanks to the help of Unconditional Indy. She now creates beautiful works of art for sale. These were on display during the Stiletto 👠 Stories event at Newfields.
On a Team Bonding event, we visited Uranus Fudge Factory. If you like chocolate, candy, or fudge, this is the place to go.
I made time in August to hang out at Gen Con with my Legal Assistant, Sarah Jackley, and her sister, the Pokemon Trainer.
In This Issue
The 7th Circuit upholds Indiana’s age verification law. This was originally a news article. And I review the Uranus Fudge Factory.
7th Circuit Upholds Indiana's Age Verification Law
Authorities can enforce the Age Gate Law
Indiana: The Indiana age verification statute for adult content was granted legal standing by the 7th Circuit Court of Appeals on Friday, overturning an earlier court's injunction that had prevented its implementation.
According to the news, a U.S. district judge in Indiana had earlier prevented the statute from going into effect on July 1, as that was the original scheduled date.
The federal appeals court, which is predominately made up of conservative judges nominated by Republican presidents, decided on Friday that Indiana's SEA 17 and Texas's age verification statute, which went into effect in April, were "functionally identical." The Free Speech Coalition is challenging the Texas law, and the U.S. Supreme Court has agreed to hear the case next term. However, the court declined to grant a preliminary injunction to halt the statute's enforcement until further notice.
In a statement following the 7th Circuit Court ruling, the Free Speech Coalition alerted adult companies to the fact that Indiana's attorney general may now start enforcing the statute, pointing out that it “permits residents of Indiana to bring a civil suit against sites with "material harmful to minors.'”
Judges Amy J. St. Eve, a George W. Bush nominee, and Frank H. Easterbrook, a Ronald Reagan appointee, of the 7th Circuit ruled that the court sees no reason why Indiana's statute may not be implemented. Still, Texas' law may be "pending the decision on the merits."
“Functionally identical statutes should be treated the same while the Supreme Court considers the matter,” they continued.
In a partial dissent, Judge Ilana Diamond Rovner—a George H.W. Bush appointee—argued against letting the Indiana law go into effect, citing the fact that, in contrast to Texas, the Indiana plaintiffs have not yet been required to comply with the law's "burdensome requirements" because the Texas law was already in place when the Supreme Court declined to overturn it. Still, the Indiana law has not yet taken effect.
The plaintiffs in Texas, she observed, "were already subjected to its burdens," and the Supreme Court of the United States "merely left the case as it found it, leaving the parties no worse off than they [have] been."
First Amendment Attorney Mark Nicholson Condemns the Decision
Sex worker advocate and First Amendment attorney Mark Nicholson said, "These court decisions strip away our First Amendment rights and freedom to choose. "
According to Attorney Nicholson, "The 7th Circuit should have recognized by the Supreme Court's decision to grant review that there are serious constitutional issues with these age verification laws. That fact alone should have kept the injunction in place because the Supreme Court may rule these laws are unconstitutional restrictions on free speech. Additionally, the dissent is correct in that the Indiana case had a different procedural posture. The law was never in effect. The injunction should have remained in place throughout the appellate process."
"Unfortunately, now that this law is allowed to go into effect before the merits of the constitutional challenge are considered by the 7th Circuit, adult website operators will likely be required to bear the substantial burdens of this law," Attorney Nicholson said.
The First Amendment right of adults in Indiana to access adult content that is protected by the constitution will also be impeded by being required to undergo age verification, along with being exposed to the associated dangers of data leaks.
"I think Judge Young''s preliminary injunction was absolutely correct since SCOTUS [Supreme Court of the United States] will hear a challenge to the law.“
Attorney Nicholson hopes the Supreme Court "will require these laws to be subjected to strict scrutiny review as similar laws have been for decades, but I'm not hopeful," he said.
The Nicholson Nugget of the Month
“I do not believe that government should be in the business of telling women what they should do with their bodies.”
By: Kamala Harris
Why Uranus Chocolate Factory is a Must-Visit
Opening Statement
Imagine a chocolate lover's paradise, where the air is filled with the rich aroma of cocoa, and every corner you turn offers a new delight. This was my experience at the Uranus Chocolate Factory. Since hearing about this hidden gem, I had been eagerly anticipating my visit, and it did not disappoint.
The Journey Through the Factory
Stepping into the factory was like entering a different world. The moment I walked through the doors, I was greeted by the intoxicating smell of chocolate and a shout, "Welcome to Uranus!" Music played softly in the background, but what truly caught my eye was the culture of the staff. Their dedication and passion were evident in every interaction, adding a personal touch to the experience that big box stores can't offer.
The Craftsmanship Behind the Chocolate
It's one thing to enjoy a piece of chocolate; it's another to witness its creation. At Uranus Chocolate Factory, the process is an art form. The chocolatiers are on a TV screen, showing you what they do with chocolate, popcorn and other snacks. It is a work of art. Oh, and so are their shirts!
Sampling the Delights
Of course, the highlight of my visit was tasting the chocolate. Each piece I sampled was a testament to the quality and craftsmanship of the factory. The chocolates were rich and velvety, with flavors that danced on my palate. But the standout was the buckeye—a perfect blend of creamy peanut butter and smooth chocolate. It transported me back to 1987, reminding me of the best buckeye I had tasted in my youth. Honestly, I could have eaten a dozen of them!
The Importance of Supporting Local Businesses
In a world dominated by mass-produced goods, visiting and supporting local businesses like Uranus Chocolate Factory is more important than ever. These small, independent makers bring a unique charm and authenticity you won't find in larger corporations. By purchasing their products, we not only enjoy high-quality treats but also contribute to the livelihoods of passionate artisans dedicated to their craft.
Closing Argument
If you're a chocolate enthusiast or just someone who appreciates life's simple pleasures, I highly recommend visiting the Uranus Chocolate Factory. The experience is a feast for the senses, offering a rare glimpse into the world of artisanal chocolate-making. It's a reminder to slow down, savor the moment, and enjoy the little things that bring joy to our lives. Trust me, it's a trip you'll treasure.
Verdict
I, Mark Nicholson, aka The Battery Man, rate this a 5 out of 5 batteries 🔋🔋🔋🔋🔋! Whether you want to indulge your sweet tooth, buy a cool T-shirt, or support local craftsmanship, the Uranus Chocolate Factory is a must-visit. Take my word for it—your taste buds will thank you!