What About Books?

In mid-April, a French court ordered shipping giant Amazon to restrict its sales and deliveries to “essential items.” The order stated that Amazon could only fulfill orders for food, hygiene, and medical items. The court further gave Amazon 24 hours to cease delivery of nonessential items or face steep fines, as much as one million euros per day per infraction. The order was the result of an action filed by a trade union, alleging that Amazon had violated the Labor Code by failing to protect the health and safety of its employees by allowing them to work in crowded, enclosed spaces. As a result of the court order, Amazon shut down its facilities for five days to clean and assess the working environment. Amazon also appealed the order, citing ambiguity in the definition of what constitutes essential as one of the bases of the appeal.

On April 24, the Court of Appeals of Versailles affirmed the lower tribunal’s order. The appellate court also defined specific categories of essential items: hi-tech and information technology; office supplies; pet supplies; health, nutrition, and personal care product; groceries; drinks; and maintenance.

While we applaud the French courts for focusing on the health and safety of workers, we at the Harris County Law Library can’t help but wonder why books were not included among those items deemed essential. Yes, we know that books are not “absolutely necessary,” but they are still extremely important, not in an earth-shattering way, but critical nonetheless. Crucial, too, to a segment of the population that has been overlooked by the digital divide and who have no access to digital versions of print materials. Before the pandemic, print books outsold eBooks. Even in Paris, it seemed as if more commuters were reading print books while commuting on the Paris Metro. Of course, life is much different now. Social distancing and disinfecting have become the norm. Still, we can’t help but feel that books should be considered essential, especially now when physical libraries are closed to the public. Moreover, the French ruling overlooks the obvious health and mental benefits that come from reading books. Reading sharpens the brain and prevents cognitive decline, reduces stress, helps sleep, eases depression, educates and boosts vocabulary, and can even help people live longer. These benefits are extremely important, especially now, when so many people are isolated from their loved ones and friends.

We urge you today (and everyday) to pick up a book, whether a print one or an eBook, and reap the benefits that come from reading the written word. Then, you, too, can see how essential books are.

Vote By Mail in Texas? Judge Says Yes...For Now

A district court judge in Travis County, Texas has paved the way for Texas voters to be able to request and use mail-in ballots in the upcoming party primary runoff elections scheduled for July 14, 2020, and in the General Election to be held in November. The Texas Democratic Party, its chairman, and two registered Texas voters filed a lawsuit in district court seeking a declaratory judgment holding that Tex. Election Code Sec. 82.002 permits any eligible voter who believes that they are practicing social distancing because of COVID-19, regardless of age or physical condition, to request a mail-in ballot from the county clerk’s office, use that ballot, and have it counted in the upcoming elections. Plaintiffs also sought a temporary and permanent injunction requiring defendants Texas Secretary of State and Travis County Clerk to accept and tabulate those ballots. Several voters groups, including the League of Women Voters of Texas and MOVE Texas Action Fund, intervened, seeking a temporary injunction to enjoin the county from rejecting mail-in ballot applications from voters on the basis of a disability and refusing to accept those ballots during the elections. They also sought to prevent Intervenor-Defendant State of Texas from issuing any guidance or taking any action that would prevent or prohibit the tabulation or submission of mail-in ballots by those voters claiming a disability because of coronavirus. The State of Texas filed a Plea to the Jurisdiction, arguing that plaintiffs lacked standing due to a failure to state a particularized harm, plaintiffs sought an impermissible advisory opinion regarding claims that were not yet ripe, and plaintiff’s claims were barred on the ground of sovereign immunity.

Plaintiffs have filed in the United States District Court for the Western District of Texas San Antonio Division, stating that the election conditions alleged in the petition constitute discrimination in violation of the Voting Rights Act and the 1st, 14th, 15th, and 26th Amendments. Plaintiffs sought both declaratory and injunctive relief.

We at the Harris County Law Library are keeping up with developments in this case as they become available.

Judge Tim Sulak’s Order, dated April 17, is now available here.

You're Out!

Even though the coronavirus has silenced the crack of the bats, the United States District Court for the Southern District of New York has hit one out of the park in favor of Major League Baseball (MLB) and our hometown Houston Astros. In an opinion issued on April 3, 2020, Judge Jed S. Rakoff dismissed with prejudice a class action suit brought by five fantasy sports players against MLB, MLB Advanced Media, L.P., Houston Astros, LLC, and Boston Red Sox Baseball Club, LP.

As you may recall, in January of this year, MLB Commissioner Rob Manfred suspended for one year Houston Astros General Manager Jeff Luhnow and Manager A.J. Hinch for their roles in the sign-stealing scandal during the 2017 World Series-winning season and extending into 2018, and the Astros organization was fined $5 million and forced to give up first- and second-round picks in 2020 and 2021. The Boston Red Sox had been implicated previously in a similar scandal. As a result of these scandals, plaintiffs filed suit, alleging that they were harmed by defendants’ representations and conduct with respect to the sign-stealing scandal. They asserted claims based on fraud, negligence, unjust enrichment, and under consumer protection laws, all arising from plaintiffs’ contracts with DraftKings, Inc., a fantasy sports contest and sports betting provider. Defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The court granted the motion to dismiss. The court made these specific findings:

• plaintiffs failed to allege statements made by the commissioner indicating a commitment to protect fantasy baseball from any rules violations occurring in the sport;

• although plaintiffs alleged at least one plausibly false statement made by each of the defendants, such statements could not support fraud claims because plaintiffs could not show that they reasonably relied on those representations when choosing to enter the fantasy baseball contests;

• plaintiffs did not identify any duty on behalf of defendants to disclose the existence of a sign-stealing plot;

• plaintiffs’ negligence claim also falls short in that they failed to allege the existence of any duty owed to them by defendants or any reasonable reliance on any affirmative representations made by defendants;

• plaintiffs failed to allege their consumer protection law claims with the required specificity and could not demonstrate that but for defendants’ deceptive acts, plaintiffs would not have entered the fantasy baseball contests nor was there evidence of a substantial business relationship among the parties and no allegations that defendants made any misrepresentations about fantasy baseball itself; and

• there was no showing that defendants were enriched at plaintiffs’ expense.

Although our hometown hero Astros were able to eke out a no-hitter in the federal lawsuit, they nevertheless need to bring in their closer: still pending is a lawsuit filed in the Harris County District Court by a season ticket holder, alleging negligence, breach of contract, and violations of the Texas Deceptive Trade Practices Act.

Image released into public domain

No matter what you may think of our Houston Astros after the scandal, they were “Houston Strong” at a time when the city needed them most. So, today, in this time of silent bats and stadiums, let’s forget the sign-stealing scandals, the steroid abuse, and the owners’ collusion scheme in the 1980s, and remember the things we love most about the game: dollar hot dogs, that ceremonial first pitch, the team mascots (Orbit, anyone?), and of course, the camaraderie shared at being in the stands with thousands of other fans rooting for your hometown team. Play ball!

The Judge Is Zooming Into Your Living Room

Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.

With all of the shelter in place orders, including the Stay Home, Work Safe order here in Harris County that has been extended through April 30, many public spaces are closed to the public. Only businesses that provide essential services to the public are exempt from these orders and can remain open. What about court proceedings, such as trials and hearings, that might resolve disputes involving child custody, child support, or domestic violence cases? Wouldn’t these cases be considered “essential?” Yes, they would. In fact, the operation of courts and the functions of court clerks are deemed to be essential governmental functions. However, there are some limitations placed upon the courts with respect to in-person court proceedings. The Third Emergency Order Regarding the COVID-19 State of Disaster issued on March 19, 2020 by the Supreme Court of Texas and the Court of Criminal Appeals of Texas prohibits courts from conducting non-essential proceedings in person contrary to any local, state, or national directive, regarding group size until at least May 8, 2020. However, proceedings deemed essential may be held in person so long as holding it remotely is not feasible or possible, with some exceptions, no more than 10 persons are gathered, and those present follow social distancing guidelines. Here, in Harris County, the Family District Courts have stated that essential matters include: protective order and family violence cases; habeas corpus and writs of attachment for children; CPS cases; judicial bypass cases; enforcement cases brought under Tex. Fam. Code ch. 157, if the respondent is in custody; suits and hearings with jurisdictional deadlines; and, other matters designated as essential in the court’s discretion. See the Harris County Family District Courts’ Policies and Procedures during COVID-19 for additional guidance.

Update (5/15/20): Please see revised orders concerning zoom hearings for local courts at justex.net. A collection of relevant links is conveniently available on the 310th District Court’s webpage.

What happens if your case falls under the category of non-essential? The Office of Court Administration, a state agency that acts under the direction and supervision of the Supreme Court of Texas, is giving judges the ability to stream and hold court proceedings via Zoom and YouTube. So what does that mean, especially for the self-represented litigant? To offer some guidance, TexasLawHelp.org has created a webpage that answers several questions the public might have about this relatively new concept of the virtual courtroom. There are discussions about rescheduling hearings, knowing if you have a court date through zoom, and presenting evidence to the judge. It is also important to read the tips for conducting yourself in the virtual courtroom and for practicing with Zoom prior to your scheduled hearing. If you are having difficulty with an internet connection, please read the article on TexasLawHelp.org about internet access.

Remember: the key thing is to be prepared just as you would if you were appearing in person before the judge. She may be in your living room, but you are still in her court.

Video Conference Resource Guide

In the near future, courts across Texas will begin using Zoom for hearings and other matters. Attorneys will likely want to incorporate more social distancing into their practice while maintaining client relationships using video conferencing as well. To help Harris County’s legal community get ready, the Law Library has assembled the Video Conference Resource Guide. Find links to a variety of video conferencing platforms and guides to help legal professionals incorporate these platforms into practice.

Need help finding more resources to support your legal research while you #StayHomeWorkSafe? Visit our Virtual Reference Desk!