MEMORANDUM

TO:Michael Parkins, Paralegal

FROM:Virginia Koerselman Newman, Staff Attorney

DATE:5/27/21

RE:Landon Gray Employment Termination

Our client, Landon Gray, has been employed by the District Attorney's Office for the State of Anywhere for the last 22 years.He recently was fired for the unlawful sale of junk food at his workplace, and he visited with me this morning about his termination.

Landon is married and has three children, two them in college.His wife is the nutritionist for Pinefield Public Schools. His youngest daughter, Chloe, is in middle school. Chloe sold nearly 400 boxes of Girl Scout cookies this year, some of them to people in Landon's office.To help his daughter, Landon delivered boxes of Girl Scout cookies to coworkers from the trunk of his car over the lunch hour. His car was parked in the employee parking lot.

When James Oliver, Chief Deputy District Attorney, heard about the delivery of contraband cookies, he called Landon to his office immediately.Following a heated discussion, James fired Landon and ordered him to leave that very day.Mary Littleton helped Landon put his personal belongings into a small file box, and he left.

Earlier this year and in response to a World Health Organization study showing that one in every five Utopian workers is obese, the federal congress passed a number of statutes designed to limit workers' access to junk food while at work. The rationale was that obese people are less productive at work, miss work more often, and place a greater burden on the health care system. The congress then declared the workplace a "Sugar-and-Fat-Free Zone" and encouraged employers to establish zero tolerance policies for noncompliance.

Landon Gray is a very physically fit man who works out three or four times a week.None of the coworkers involved in this incident is obese, although several may be close to it.

Attached are the statutes that I want you to consider in reviewing this matter. Using these statutes, prepare a memorandum to me that evaluates the probable result of a legal proceeding on behalf of Mr. Gray.The memorandum should include facts, issues, discussion, and conclusion sections.

Selected Statutes

15-245. The government of the United Utopian States is granted the power to assemble a military to protect its borders and its citizens; to coin money; to operate a post office system; to protect interstate commerce; to ensure the right of citizens to pass freely from one state to another; and to enact legislation in furtherance of these enumerated powers.All other powers are reserved specifically to the states and to the people.

24-109. Classification of Crimes.The range of punishment that may be set for particular classification of crimes is:

Class I Felony

10 - 50 years

or

$20,000-$100,000 fine

or both;

Class II Felony

5 - 20 years

or

$5,000-$50,000 fine

or both;

Class III Felony

1 - 20 years

or

$1,000-$25,000 fine

or both;

Class IV Felony

1 - 10 years

or

$100-$10,000 fine

or both;

Class I Misdemeanor

6 - 12 months

or

$100-$5,000 fine

or both;

Class II Misdemeanor

3 - 9 months

or

$50-$2,000 fine

or both;

Class III Misdemeanor

60 - 180 days

or

$50-$1,500 fine

or both;

Class IV Misdemeanor

30 - 90 days

or

$25-$1,000 fine

or both;

52-115. A food product, food ingredient, or food additive exceeds statutory limitation 1) if its sugar content is greater than ten (10) grams, or 2) if its fat content is greater than three (3) grams. Any food item described herein or any food item generally known for its high sugar content or for its high fat content shall be known as junk food and thereby prohibited under the provisions of this Act.

52-174. It shall be a Class IV felony to sell, purchase, exchange, ingest, or consume any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories.Such foods likewise are banned from cafeterias, lunchrooms, meeting rooms, kitchens, vending machines, or stores located in or within 150 feet of any building that contains businesses with employees.

52-723. It shall be a Class III misdemeanor to accept, possess, procure, or solicit any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories.

67-4224. No federal statute or regulation shall impinge unnecessarily or limit unreasonably the personal liberty or freedom of any citizen unless the government can show a compelling state interest that cannot be accomplished by any other means and the statute or regulation is narrowly tailored to satisfy the compelling state interest.

example:

Memorandum

TO:Virginia Koerselman Newman, Staff Attorney

FROM:Michael Parkins, Paralegal

DATE:October 27, 2010

RE:New Client, Landon Gray

STATEMENT OF CASE

You have asked me to prepare a memorandum detailing the probable result of a legal proceeding on behalf of Mr. Gray based on the statutory provisions as provided.

FACTS

Landon Gray, a married and active father of three children, was fired from his position in the District Attorney's Office for the State of Anywhere for "the unlawful sale of junk food in his workplace." Gray had been employed for 22 years in the DA's Office.Earlier this summer, Gray's daughter Chloe, collected Girl Scout cookie orders and payment from several of Gray's coworkers.

To help his daughter with disbursement of the cookies, Landon delivered the orders from the trunk of his car during his lunch break. At that time, Landon's vehicle was parked in the employee parking lot.

James Oliver, Chief Deputy District Attorney, called Gray into his office after he heard about Landon's lunch-time activity. After a heated discussion, Gray was terminated, effective immediately for the sale and delivery of contraband cookies.

Gray has asked our firm to represent him in this matter concerning a legal proceeding in regards to this incident.

ISSUES

1. Do the Girl Scout cookies qualify as "junk food" within the meaning of U.U.S. 52-115?
2. Did Landon Gray violate the statute prohibiting the sale of "junk food" under U.U.S. 52-714?
3. Did Landon Gray violate the statute prohibiting the possession of "junk food" under U.U.S. 52-723?
4. Are U.S. 52-714 and 52-723 unconstitutional in relation to U.U.S. 15-245 and 67-4224?

DISCUSSION

1. Definition of Junk Food

Under U.U.S. 52-115, A food product, food ingredient, item or food additive exceeds statutory limitation 1) if the sugar content is greater than ten (10) grams or 2) if the fat content is greater than three (3) grams. Any food item described herein or any food item generally known for its high-sugar content or for its high fat content shall be known as junk food and thereby prohibited under the provisions of this act.

Here, in this case, it is unknown whether the sugar or fat content of the Girl Scout cookies that were disbursed by Landon, met or exceeded the statutes high-sugar or high-fat limitations on food or food ingredient.Although the products were cookies, not all cookies necessarily would meet the threshold amounts to qualify as junk food.

Therefore, it is unknown, without knowing the sugar and fat content of the Girl Scout cookies, whether Landon violated this statute, 52-115 or any subsequent criminal statutes.It is likely though that some of the cookies might qualify as junk food.

2. Sale of Junk Food

Assuming the cookies are considered junk food, the following assesses the result of the sale of junk food.Under U.U.S. 52-714, it shall be a Class IV felony to sell, purchase, exchange, ingest or consume any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories. Such foods likewise are banned from cafeteria, lunch rooms, meeting rooms, kitchens, vending machines, or stores located in or within 100 feet of any building that contains business with employees.

Here, based on the current facts, Gray did not sell the Girl Scout cookies as alleged.Gray's daughter, a minor and not an employee of the DA's Office, was the individual who sought out sales/orders for the Girl Scout cookies.

Therefore, it is more likely that Gray will not be in violation of the sale of junk food due to the fact that he did not personally sell the cookies on the property.

3. Possession of Junk Food

Assuming the cookies are considered junk food, the following assesses the probable result of the possession of junk food.Under U.U.S. 52-723, it shall be a Class III misdemeanor, to accept, possess, procure, or solicit any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories.

Here, in this case, Gray accepted from his daughter and possessed the alleged junk food within the work place.His co-workers did as well.

Therefore, it seems likely that both Gray and the other employees could be found guilty of the Class III misdemeanor.

4. Constitutionality of United Utopian Statutes

Under statute, 15-245, "the government of the United Utopian States is granted the power to, in pertinent part, ...to protect interstate commerce; ... and to enact legislation in furtherance of these enumerated powers. All other powers are reserved to the states and to the people."Furthermore, under statute, 67-4224, "no federal statute or regulation shall impinge unnecessarily or limit unreasonably the personal liberty or freedom of any citizen unless the government can show a compelling state interest that cannot be accomplished by any other means and the statute or regulation is narrowly tailored to satisfy the compelling state interest."

Here, in this case, based on a study by the WHO, the federal government has passed statutes banning the sale, delivery, and consumption of junk food in the work place.They enacted legislation to address obesity as it relates to the work place; such as, productivity loss, absenteeism, and its burden on the health care system.If the cookies are deemed to be part of interstate commerce, the federal government would have a difficult time making a connection between employee productivity and the affection of commerce.Although the compelling state interest in reducing obesity is a valid cause, the statute seems to unreasonably limit the personal liberties of the citizens by taking away their freedom to choose dietary consumption during their work hours.

In addition, since not specifically enumerated directly or indirectly in the existing federal statutes, it seems that the power to regulate the health of the citizens and employees of each state belongs to that respective state.This most closely models the concept of the "state police power," to enact laws for the health, safety and welfare of its own state citizens.

Therefore, although the statutes address a broad compelling state interest of employee productivity loss, absenteeism and the costs associated with obesity-related health issues, the enactment is not narrowly tailored to address these issues without impinging on personal freedoms and the powers reserved specifically to the states of Utopia.

CONCLUSION

In summation, YOU CREATE HERE.