Law Offices of Patrick R. Kelly - March 2024

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March 2024

Expressway Tower • 6116 N. Central Expy., #1201, Dallas, TX 75206 • 214-682-7132 Alps Building — Historic Stockyards • 222 W. Exchange Ave., Suite 106, Fort Worth, Texas 76164 • 817-382-8387

From CliffsNotes to Classics

My Journey to Becoming a Reader and Certified Book-Lover I wasn’t always the biggest fan of reading, especially back in high school. March 2

better at reading, or I wasn’t going to make it through law school. The sheer volume of required reading forced me to adapt and develop efficient reading strategies. What once felt like an impossible task gradually became second nature, and I found myself devouring texts with newfound ease. These days, while my schedule is still jam- packed, I make a conscious effort to carve out time for reading. There’s something incredibly satisfying about unwinding with a hardcover book, immersing myself in its pages, and getting lost in its world. Nonfiction works, particularly biographies, historical accounts, and explorations of real-world phenomena, hold a special place in my heart. From the theological musings of C.S. Lewis to the historical insights of David McCullough’s “John Adams,” I find myself drawn to narratives rooted in truth and reality. There’s a rawness and authenticity to real-life stories that often surpasses the most imaginative fiction. A few other nonfiction favorites of mine include “Blood and Thunder” and “Hellhound on His Trail” by Hampton Sides and “Empire of the Summer Moon” by S. C. Gwynne. Of course, I’m not immune to the occasional thriller or legal drama — John Grisham’s novels make for entertaining reads when I’m in the mood for a change of pace. But ultimately, it’s the depth and richness of factual accounts that captivate me most.

is Read Across America Day, and my relationship with reading has been an evolving journey I’ve come to appreciate more deeply over time. Growing up, I was never the avid reader some of my peers seemed to be. In fact, I distinctly remember feeling intimidated by the prospect of applying to law school because I didn’t consider myself a fast or passionate reader. Back in high school, I was more of a CliffsNotes aficionado than a bookworm. Classics like “The Great Gatsby” failed to capture my interest, and I found myself gravitating toward sports magazines instead. Informational articles about my favorite athletes or practical tips like catching a fish were far more appealing than fictional narratives. Even during my undergraduate years, reading wasn’t fun for me. It wasn’t until law school that I truly immersed myself in the world of reading — and let me tell you, it was a whole new ball game. Suddenly, I was confronted with centuries-old legal texts filled with convoluted language and complex opinions. As a slow reader, it often felt like I was swimming against the current compared to my peers who breezed through the material. But here’s the twist: Law school inadvertently transformed me into a stronger, faster reader. I had to become

Reading remains a cherished pastime whether I’m on a plane, winding down before bed, or stealing a few moments during my kids’ practice sessions. It’s a reminder that even in the midst of life’s chaos, there’s always room to escape into the pages of a good book. So, while I may not have been born a bookworm, my journey with reading has been one of growth, discovery, and an ever-deepening appreciation for the written word. As Read Across America Day approaches, I’m reminded once again of the transformative power of storytelling and the endless possibilities that await between the covers of a book.

–Patrick R. Kelly

WE WANT YOU TO CONSIDER US YOUR LAW FIRM. While we specialize in bodily injury cases, we are happy to refer you to a firm that can help you with any legal issue that may arise. Please feel free to refer us to your friends and family for their legal needs. We look forward to helping you.

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How Someone Under 21 Can Legally Consume Alcohol WHEN MINORS ARE ALLOWED TO IMBIBE

When it comes to drinking age requirements, the U.S. is strict for a Western country. The National Minimum Drinking Age Act was enacted in 1984, which raised the minimum age for alcohol consumption from 18 to 21. It also set a precedent for the age requirement for other substances. The Food and Drug Administration (FDA) banned tobacco purchase for anyone under 21, and recreational cannabis is similarly age-restricted. While the law dictates that people under 21 can’t consume alcohol, that’s not the whole story. There are many exemptions nationwide, with every state having unique age requirement laws. Even counties can have special restrictions. American Indian reservations have independent sovereignty, so they don’t follow American laws at all. Religious Ceremonies and Services Currently, 26 states allow for religious exemptions for underage alcohol consumption. Alcohol is commonly used in many religious services; for example, Christian communion often involves a sip of wine. These legal loopholes are why priests aren’t arrested every Sunday. States that don’t have laws for religious exemptions never generally enforce the alcohol requirement on religious organizations, so they are practically legal. Medicinal Purposes People use alcohol for more than just recreation: it’s often used for medicinal purposes, too. For example, cough syrup uses it to break down ingredients. It is thus legal for medicinal purposes in 16 states, including Wyoming and Utah. Isopropyl and rubbing alcohol are distinct from the ethyl alcohol used in spirits, so they aren’t regulated similarly. Drinking for Education Alcohol is a culinary mainstay for many cultures, and many dishes include alcohol as an essential component — tiramisu, coq au vin, and flambé, to name a few. For minors interested in pursuing a culinary career, preventing them from accessing alcohol can be detrimental to their education. So, many states allow students enrolled in the culinary arts — including brewing, enology (the study of wines), and hospitality — to consume alcohol for educational purposes. For example, in Florida, students can drink as much as they want as long they’re on campus and have specific curriculums. Undercover Imbibing Minors can work for law enforcement. If they’re going undercover to expose illegal activities, there’s a good chance they’ll be offered

alcohol or put into situations where drinking is advisable. In Hawaii and Michigan, undercover agents are allowed to purchase or consume alcohol so long as it pertains to their assignment. With Family Some parents prefer that their children drink at home for various reasons. A few argue it discourages drunk driving and other risky behavior. Others just like to share a beverage with their children at dinner. Regardless of the reasons, several states allow underage drinking in the presence of a family member or guardian. The details of this exception vary widely. For example, some stipulate that a family member must provide the alcohol, like in New Mexico. Many states restrict alcohol to home use only, such as in Nebraska. Texas and other states allow the exemption in any location, such as restaurants. Drinking is distinct from possession, in case things weren’t complicated enough. In 19 states, minors can possess alcohol with parental consent. Other states, like Utah, prohibit alcohol possession at all times. Other Complexities The law is always nuanced, but few are as complex as the tangled web of alcohol restrictions. States like Pennsylvania restrict the drinking age and require sellers to fulfill strict requirements, like only selling beer and wine under 5.7% alcohol. Meanwhile, Louisianians sell daiquiris from drive-thrus (so long as they don’t have straws). The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws. “The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws.” ”

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TAKE A BREAK

BIGFOOT IS AN ENDANGERED SPECIES!? A Washington County’s Unique Hunting Ban Most people don’t consider the legality of Bigfoot hunting, but in Washington state, it’s part of the law. In Skamania County, it’s illegal to kill the mythological ape. Should someone murder the creature, they’d face a stiff penalty. Bigfoot — sometimes called Sasquatch — is an elusive ape-like cryptid said to roam the forests of North America. It allegedly has reddish-brown fur, a gorilla-like body, and its namesake big feet. Some claim Bigfoot is the “missing link” between walking apes and our ancestors, who walked on all fours. Most scientists dispute the claim, saying that any ancestor this old likely would’ve adapted or gone extinct. Bigfoot was first spotted in California in 1958, and most sightings since occur in Washington state. Per every 100,000 people, 9.12 sightings are in the Evergreen State. That’s a third more often than its neighbor Oregon, the runner-up at 6.06. If there were a Bigfoot capital of the world, it’d be in Washington. On April 1, 1969, the Skamania County legislature enacted Ordinance 1969-01, the first law prohibiting the killing of Bigfoot. Anyone convicted of murdering the cryptid would be classified as a felon and imprisoned for five years. While modified decades later, it set an important precedent: Bigfoot is a protected species. Tourism picked up shortly after that. Bigfoot mania officially hit the U.S. in the 1970s as directors released films like “Sasquatch, the Legend of Bigfoot.” New Bigfoot enthusiasts started to visit Washington in droves, hoping to be the first to find proof of its existence. While locals appreciated the influx of cash from tourism, they didn’t appreciate the influx of guns from Bigfoot hunters. County legislatures enacted a new ordinance in 1984. It further clarified the regulations on Bigfoot and designated the ape as an endangered species. As such, hunting Bigfoot with the intent to kill is illegal. However, the ordinance softened the penalty for hunting Bigfoot, lowering the penalty for poachers to a year in prison or a fine of up to $1,000. Every law has some logic; no matter how frivolous it may seem, there’s a reason why lawmakers went through the trouble. While this law may seem unnecessary, it protects “Bigfoot” and the Skamania County citizens alike.

Chipotle-Inspired Chicken Burrito Bowl Inspired by EasyChickenRecipes.com

Ingredients

• 2 boneless chicken breasts • 2 tbsp olive oil • 1 tsp paprika • 1 tsp cumin • 1/2 tsp chili pepper • 1/2 tsp salt • 1/2 tsp pepper • 1 cup white or brown rice, cooked • 2 cups shredded romaine lettuce • 1 cup canned corn

• 1 cup canned black beans • 1 avocado, cubed • 1/4 cup sour cream • 1/4 cup shredded cheese For Salsa • 1 tbsp chopped cilantro • 1/2 tomato, chopped

• 1/2 onion, chopped • 2 tbsp white vinegar • 4 tbsp lime juice • Salt, to taste

Directions 1. Cut chicken into bite-size pieces. In a medium-size bowl, add chicken, olive oil, paprika, cumin, chili pepper, salt, and pepper. Mix until chicken is evenly coated. 2. In a skillet over medium heat, cook chicken for 7 minutes or until cooked through. Set aside on a plate. 3. In a large bowl, layer the rice, lettuce, corn, beans, and cooked chicken. 4. In a separate bowl, mix together salsa ingredients, then pour over the chicken mixture. 5. Top with avocado, sour cream, and cheddar cheese. Enjoy!

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6116 N. Central Expy. #1201 Dallas, TX 75206

214-682-7132 Prk-Law.com

INSIDE THIS ISSUE

1

How Reading Transformed My Life

2

When Minors Can Drink

3

Chipotle-Inspired Chicken Burrito Bowl

Why Bigfoot Is a Protected Species in Washington

4

The Marketing Campaign That Cost Red Bull Over $6 Million

MARKETING CAMPAIGN DISPROVED IN COURT RED BULL DOESN’T GIVE YOU WINGS

For decades, Red Bull has run the marketing campaign that its energy drink gives people wings. Most assume it’s a joke, an exaggeration of the beverage’s stimulating effects. The courts disagreed. A group of Red Bull drinkers in 2014 filed a class action lawsuit against the Austrian company, accusing them of false advertising. Despite the company’s claims, they alleged that the drink does not give you wings. To be more specific, the suit alleged that the ad campaign uses flying imagery to convey that the beverage is better than other caffeinated drinks. While the brand’s messaging claims it improves response times and concentration, the suit alleges the beverage isn’t much more effective than a cup of coffee. Red Bull settled for over $6 million. They also agreed to compensate customers who were disappointed about the drink’s wingless results. Such claimants could receive $10 or

a voucher for $15 of Red Bull products. But before you go writing a letter to Red Bull for your voucher, know that customers are no longer eligible for this compensation. In Red Bull’s words, they settled to “avoid the cost and distraction of litigation,” noting that their ad campaigns and can labels “have always been truthful and accurate.” Red Bull denied any wrongdoing. What Red Bull did was tread the line between false advertising and “puffery,” the legal term for extravagant claims about a product. The law allows for some lofty claims — such as “World’s Best Coffee” — so long as they are opinions. “Red Bull gives you wings” sounds like a factual statement, so it doesn’t fall under puffery. The energy drink company has continued using the slogan in its marketing in event sponsorship and TV ads. So, while Red Bull may not actually give you wings, it did pay out a lot of money in a court settlement over the claim.

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