County is not required to define circulation

AUSTIN — Attorney General Greg Abbott on Dec. 6 issued opinion no. GA-0380 that addresses whether counties have to determine if a newspaper is of general circulation.

“There is no express statutory or judicial mandate placing a legal obligation on the Harrison County Commissioners Court to determine whether a publication is a newspaper of general circulation,” the opinion states.

“Because county actions are subject to challenge based on defects in notice, the Harrison County Commissioners Court could benefit by engaging in some method or process by which to make the determination with regard to one or both of the newspapers in Harrison County. The Harrison County Commissioners Court has broad discretion in the conduct of county business and may decide from among many options what method or process by which to make the determination that best serves the needs of Harrison County.”

Harrison County Criminal District Attorney Joe Black requested the opinion.

City appeals ruling on newspaper street sales

LEAGUE CITY — City council members voted to appeal a federal court decision allowing newspaper sales at the city’s intersections, The Galveston County Daily News reported.

The decision could be expensive, but council members say it is worth it. At least four members of the council feel confident that we could win the case, said Mayor Jerry Shults.

In 2004, citing safety concerns, the council passed an ordinance banning solicitations at intersections. Police had used that ordinance to ticket Houston Chronicle vendors for selling papers on medians near FM 518 and Interstate 45.

This summer, the Chronicle and The Daily News sued. The papers argued, and a federal judge agreed, that the rule was unconstitutional.

U.S. District Judge Samuel Kent noted that the city undermined the safety argument by allowing groups like the Boy Scouts or firefighters to seek donations at intersections while prohibiting newspaper sales.

Up until this point, the Texas Municipal League has picked up the city’s legal tab. But after the appeal, the city will be responsible for its cost and, if it loses, could have to pay the newspaper’s expenses as well.

Firefighter claims hemp lotion triggered drug test

NEW BRAUNFELS — Fired New Braunfels firefighter Stacie Zercher claims the positive drug test that resulted in her termination was caused by hemp tanning lotion, not smoking marijuana.

In documents obtained by the Herald-Zeitung under the Texas Public Information Act, Zercher told the city two brands of lotion, Hempz Cannibis Sativa and Hoss Hemp Cool Moon, raised the level of cannabinoids in her blood enough to trigger the positive test result.

On Nov. 18, Zercher gave the city a brief, handwritten statement saying she began using the products three years ago when she purchased a tanning bed. She claims to have used the product approximately three times a month since, the paper reported.

Zercher, who has said she does not smoke marijuana, wrote that the lotions were the only thing that could have caused her positive drug test.

Restaurateur, News settle review lawsuit

DALLAS — A lawsuit against The Dallas Morning News by a local restaurateur over a review of his new eatery has been dismissed after the sides reached a settlement.

The News reported that the lawsuit, filed by Phil Romano in August 2004, claimed that restaurant critic Dotty Griffith’s review of Il Mulino New York defamed the Italian restaurant. Romano also named the parent corporation of the News, Belo Corp., as a defendant.

A state district judge signed a dismissal order Dec. 9, after attorneys for The News and Romano reached a settlement in which the lawsuit would be dropped if The News would publish another review of Il Mulino in the coming months.

The settlement did not include any money for damages, and both sides will pay their own legal costs, the News reported.

The original review, published in April 2004, gave Il Mulino’s food three stars out of a possible five. While Griffith handed out 4-star ratings for service and ambience, Romano took offense at her criticism of some of the restaurant’s main dishes, including entrees featuring its Bolognese and vodka sauces.

The News claimed that the review was “fair comment and criticism on matters of public interest.”

Romano started Romano’s Macaroni Grill, Cozymel’s and Fuddruckers.