Summertime and the Law

Image by Venita Oberholster from Pixabay

June 21 marks the first official day of summer. Of course, in Houston, summer usually arrives long before the calendar says so, bringing triple-digit temperatures, blazing sunshine, and a renewed appreciation for air conditioning. In celebration of the hottest, brightest season of the year, we've gathered a few legal curiosities inspired by summertime favorites: theme parks, sunshine, swimming, barbecue, and more.

Cases

Gabriel Gomez v. The State of Texas (Unpublished)

Gabriel Gomez appealed his aggravated assault conviction, arguing that he had been denied a fair trial. Among his complaints was the prosecutor's closing argument, which he described as childish, improper, prejudicial, and "an embarrassment to the legal dignity of the Court." The opinion reproduces part of the closing statement, which includes references to an unexpected cast of characters: Mickey Mouse, Peter Pan, Snow White, and the Seven Dwarfs. For readers curious about how Disney (a popular summer vacation destination) found its way into a criminal appeal, see pages 6 and 7 of the opinion.

Animal Legal Defense Fund v. U.S. Department of Agriculture, 789 F.3d 1206 (2015)

At Florida's Seaquarium, an orca named Lolita spent years exposed to intense sunlight and ultraviolet radiation. To address concerns about sun exposure, the facility applied a black zinc oxide substance to her skin, despite uncertainty about its physiological effects. Animal welfare advocates argued that these conditions violated the Animal Welfare Act and should prevent renewal of the park's operating license. It is not every day that sunscreen becomes the subject of federal litigation.

Kingsford Products Company v. Kingsfords, Inc., 715 F. Supp. 1013 (1989)

Nothing says summer quite like a backyard barbecue. In this trademark dispute, Kingsford Products Company, the well-known manufacturer of charcoal briquettes, sought to stop Kingsfords, Inc. from using a similar name on its barbecue sauce. The court ultimately sided with the sauce maker, noting that the defendant had already established its family-recipe product and brand. Kingsford's hopes of extending its trademark rights to barbecue sauce ultimately went up in smoke.

Federal Regulations

Summer wouldn't be complete without ice cream. Fortunately, the federal government has opinions about that, too.

State Statutes

Amusement Ride Safety and Inspection and Insurance Act

For those seeking thrills rather than frozen treats, Texas regulates amusement rides through Chapter 2151 of the Texas Occupations Code. The statute governs the inspection, insurance, and operation of amusement rides throughout the state, helping keep roller coasters, Ferris wheels, and other attractions safe for summer visitors.

Patents

Before inflatable pool toys became a summertime staple, inventors were already working on ways to keep swimmers afloat. These historic patents offer a glimpse into the evolution of a familiar poolside accessory:

Whether you're spending the summer at the pool, the amusement park, the barbecue pit, or simply indoors enjoying the air conditioning, the law has a way of turning up in even the most seasonal corners of everyday life.