NYC Sues Fedex Over Shipping Cigarettes

In what some see as Mayor Bloomberg's final stab at the tobacco industry, New York City today filed a massive lawsuit against Fedex for shipping cigarettes to private homes.

Monday's lawsuit was filed in the U.S. District Court in Manhattan and seeks $52 million of civil fines and unpaid taxes from FedEx, which is based in Memphis, Tennessee. According to the city, FedEx created a "public nuisance" through its partnership with Shinnecock Smoke Shop, located on the Shinnecock Indian Nation reservation in Southampton, N.Y., to ship untaxed cigarettes to residential homes. FedEx allegedly did so despite, and even while negotiating, a February 2006 agreement with then-New York Attorney General Eliot Spitzer to stop such deliveries in New York, an agreement later expanded to cover deliveries throughout the country. The city said FedEx delivered about 19.5 tons, or 55,000 cartons, of cigarettes to city residents in 9,900 shipments from 2005 to 2012 and deprived it of a $15 excise tax on each carton. A typical carton has 200 cigarettes. FedEx's activity violated various federal and state laws, including an anti-racketeering statute, the complaint said. The city wants FedEx to pay a $49.5 million fine, equal to $5,000 per shipment, plus $2.48 million representing triple the lost tax revenue.

RELATED:  With an average price-per-pack of $13-$14, New York has by far the highest cigarette prices in the nation, a fact that has spawned sprawling smuggling operations by organized crime syndicates.

FedEx Loses Religion-At-Work Case

Christian websites are crowing today after a federal judge quashed a request by FedEx to dismiss a suit filed against them by an employee who claims they trampled his right to proselytize at work. FedEx then settled the case confidentially. Note how the Alliance Defense Fund characterizes the employee's behavior:

FedEx refused to allow Weathers to answer questions from others about the Bible or others matters of faith. After his director refused to answer his questions as to why his speech was banned, Weathers turned to a Human Resources representative who replied in e-mail stating that his speech was an “act detrimental to the company”—a designation given to sexual harassment, possession of illegal drugs or weapons in the workplace, theft, workplace violence, and other egregious acts. Though Weathers only answered questions about the Bible, the HR representative also told Weathers that discussions of religion and politics are “forbidden in the workplace.”

He wasn't annoying coworkers with God-talk! He was just answering their questions about the Bible. That happens on the loading dock all the time, people!

TENNESSEE: Major Corporations Back Off Bill Banning All LGBT Rights Laws

Following the launch of a protest campaign by AmericaBlog Gay, several major corporations have denounced Tennessee's pending bill which would ban all local LGBT rights laws. The bill was backed by the Tennessee Chamber of Commerce, where the companies below sit on its board of directors. Via HRC:

Alcoa:
“Alcoa provides equal employment opportunity without discrimination and supports state and local legislation protecting the rights of all community members. We do not agree with the chamber on this issue and would ask that the governor veto the bill."

FedEx:
“FedEx values and promotes the unique contributions, perspectives, and differences of our team members worldwide. FedEx does not tolerate discrimination of any kind, and is committed to diversity and inclusion in the workplace. FedEx did not lobby for SB632/HB600 – it is our policy not to discriminate on the basis of sexual orientation or gender identity. While FedEx is a member of the Tennessee Chamber of Commerce, we do not support every position proposed by the Chamber.”

AT&T:
“AT&T does not support any laws or efforts that are discriminatory. AT&T does support the principals of ensuring that state and local laws are consistent, which is the stated purpose of HB 600/SB 632. However, the bill has become implicated in efforts to erode the rights of the gay community, which we do not support. AT&T has a long history and longstanding commitment to diversity and inclusion, and its policies address diversity in areas including race, creed, religion, sex, and particularly sexual orientation."

Scandal: Wingnut Group Associated With Limbaugh & Coulter Selling Their Endorsements For Millions

The American Conservative Union, who bills themselves as "the nation's oldest and largest conservative lobbying group," has been busted by Politico for offering to sell their endorsement to FedEx for $2M - $3M. At the moment, FedEx is fighting Congress about changes that increase the power of their employees union.

The American Conservative Union asked FedEx for a check for $2 million to $3 million in return for the group’s support in a bitter legislative dispute, then the group’s chairman flipped and sided with UPS after FedEx refused to pay. For the $2 million plus, ACU offered a range of services that included: “Producing op-eds and articles written by ACU’s Chairman David Keene and/or other members of the ACU’s board of directors. (Note that Mr. Keene writes a weekly column that appears in The Hill.)” The conservative group’s remarkable demand — black-and-white proof of the longtime Washington practice known as “pay for play” — was contained in a private letter to FedEx , which was provided to POLITICO.

The letter exposes the practice by some political interest groups of taking stands not for reasons of pure principle, as their members and supporters might assume, but also in part because a sponsor is paying big money. In the three-page letter asking for money on June 30, the conservative group backed FedEx. After FedEx says it rejected the offer, Keene signed onto a two-page July 15 letter backing UPS. Keene did not return a message left on his cell phone. Maury Lane, FedEx’s director of corporate communications, said: “Clearly, the ACU shopped their beliefs and UPS bought.”

On Wednesday, after being rebuffed by FedEx and before this scandal broke, the ACU told Congress that FedEx was “misleading the public and legislators" about the union issue and took UPS's side in the dispute.

RELATED: The ACU is perhaps best known for their annual CPAC Convention, a conclave of right-wing personalities and ultraconservatives during which Ann Coulter famously called John Edwards a "faggot" in 2007. Rush Limbaugh was the keynote speaker at CPAC earlier this year.

FedEx Adds Trans Employee Protections

FedEx has approved a shareholder resolution granting protection to transgender employees, raising the ire of Christianist news outlet One News Now.

Without a vote from shareholders, one of America's largest corporations has decided to grant its transgender employees special protected status. Memphis-based FedEx has agreed to implement a shareholder resolution proposed by Huffington Post blogger Sara Whitman that would add "gender identity" to the company's non-discrimination policy. Whitman is a self-proclaimed "married lesbian mother of three boys" in Massachusetts. The resolution was filed on Whitman's behalf by Julie Goodridge, CEO of NorthStar Asset Management. Goodridge was the lead plaintiff in the well-known lawsuit (Goodridge v. Department of Public Health) that led to the legalization of same-sex "marriage" in Massachusetts. Earlier this year, she and her lesbian partner filed for divorce.

RELATED: FedEx only offers domestic partners benefits to its California employees, where it is required to by law. Employees hired by Kinko's prior to the FedEx acquisition get DP benefits as well.