Latest news with #ThomasKoch
Yahoo
30-05-2025
- General
- Yahoo
Quincy residents sue mayor over controversial Catholic saint statues for new public safety building
Fifteen religious and non-religious Quincy residents are suing Mayor Thomas Koch over recently discovered plans to install controversial Catholic patron saint statues on the front of the city's new public safety building. The lawsuit, which was filed in Norfolk County Superior Court with the help of the ACLU of Massachusetts on May 27, claims that the statues violate a clause in Article 3 of the Massachusetts Declaration of Rights stating that 'all religious sects and denominations ... shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.' The lawsuit also alleges that Koch unilaterally decided to commission the statues, and that he and other city officials kept the plans out of the public eye for years. Meanwhile, hundreds of thousands of taxpayer dollars were allocated for the statues' creation without the approval of the City Council, the suit argues. Despite 'widespread' opposition to the statues from Quincy residents and local faith leaders of various religious affiliations and beliefs, plans for the statues' installation appear to be moving forward, according to the lawsuit. 'The City has abandoned its constitutional duty to remain neutral on matters of faith,' ACLU Senior Counsel Heather Weaver said in a Tuesday press release. 'The new public safety building will be home to many critical government services, but the moment they walk in the door, Quincy residents who do not share the City's favored religious beliefs will get the message that they are not welcome.' Koch's office did not respond to a request for comment on Thursday. Plans for the new public safety building date back to 2017 when the Quincy City Council first approved money to pay for its design, according to the lawsuit. Between 2019 and 2022, the city council approved over $280 million for the project. At some point during the development and planning of the building, it was decided that two 10-foot-tall bronze statues of Saint Michael the Archangel and Saint Florian — which are the Catholic patron saints of police and firefighters, respectively — should be commissioned with the intent of having them adorn the façade of the public safety building. 'Many aspects of the building were discussed at length during public meetings. However, at no point during any of the numerous City Council meetings during which funding for the public safety building was discussed or voted on was the public notified of the plan to install statues of Catholic saints on the front of the building,' the lawsuit reads. 'Nor was the potential for public art of any kind — patron saints or otherwise — contemplated by or included in public plans or drawings of the buildings from the time of the building's approval until February 2025." Instead, the public first learned about the statues through an article published in the local newspaper, The Patriot Ledger, on Feb. 8, according to the lawsuit. During a Feb. 24 City Council meeting, Chris Walker — Koch's chief of staff — stated that the decision to commission the statues 'was ultimately and only the mayor's decision.' When asked why the statues weren't shown to city councilors when they approved funding for the building during various meetings between 2017 and 2022, Koch said that large projects such as this sometimes 'evolve,' and that the idea 'wasn't on the table' when councilors cast their votes," according to the Feb. 8 Patriot Ledger article. Of Quincy City Council's nine members, two told The Patriot Ledger they had no knowledge of the statues before the newspaper contacted them about it, according to the Feb. 8 article. One councilor 'had heard something about it but didn't participate in the plans,' one said they were previously aware of the plans and five did not respond to requests for comment. During the Feb. 24 City Council meeting, Ward 1 Councilor Dave McCarthy — in whose district the new public safety building will be located — said he was told of the plan for the statues 'a long time ago.' Though over 200 residents attended the meeting to object to the statues, McCarthy also said he believed the statues would 'bless our first responders' and that he hoped they 'might say a little prayer before they go out on duty.' 'As the statues were neither discussed in public meetings nor subject to a public procurement process nor otherwise disclosed to the public prior to February 8, it is unclear how or by whom Councilor McCarthy and some other the members of the City Council were made aware of the plan in advance of the February 8 article,' the lawsuit reads. Ward 5 City Councilor Dan Minton — a 40-year veteran of the Quincy Police Department — wrote in a Feb. 9 Facebook post that he did not know about the statues before the Feb. 8 article and expressed concerns about the installation. 'Generally, people don't want to enter a police station — it is usually something bad that has happened, ranging from an act of violence to a simple parking ticket. The statue may not be a welcoming presence to someone already ill at ease," he wrote. As of April 2025, the city has made eight payments totalling over $760,000 in public funds to pay for the statues, according to the lawsuit. The total cost of the installation is expected to come to $850,000. While Catholics often call upon patron saints when praying on behalf of specific causes, other denominations and religions — including many protestant and nondenominational Christian faiths — reject the veneration of saints. Community members of many different faiths and beliefs oppose the statues, according to the lawsuit. The plaintiffs in the case include Quincy residents who identified themselves as Catholic, Unitarian Universalist, Jewish, atheist and humanist, among other religious identities. Similarly, in an April 4 statement from Quincy Interfaith Network, 19 faith leaders of a range of religious affiliations said they had 'grave concerns' about the statues. 'No single religious tradition should be elevated in a publicly funded facility. Erecting these statues sends a message that there are insiders and outsiders in this community. We are confident this is not the message our City or our first responders want to send,' the statement reads. In addition to concerns about government entities showing religious preference, Councilor Minton, the 19 faith leaders and some of the lawsuit's plaintiffs took issue with the depiction of Saint Michael in the commissioned statue. As is commonplace with depictions of this saint, he is shown standing triumphantly over a demon. 'The violence portrayed on a heroic scale of St. Michael the Archangel is especially frightening and conjures images of police violence, which is contrary to Quincy Police Dept's mission of public safety,' the citizen petition against the statues reads. The lawsuit asks the court to find that the use of public funds to pay for the statues violates state law. It also requests that a judge issue injunctions barring Koch and the city from spending additional taxpayer dollars on them or displaying them on or near the new public safety building. The citizen petition was submitted to the mayor over 100 days ago, but he has yet to respond to it, according to The statues are expected to be available for installation around Labor Day, according to the lawsuit. The public safety building is set to open to the public in October 2025. District 7 candidates debate land use, White Stadium at Boston forum Springfield to remember June 1, 2011 tornado on anniversary Springfield opens new football field at Putnam Vocational Technical Academy Central Mass. firefighter arrested on child sexual abuse material charges Mass. man and woman face kidnapping charge after teen reports being locked in closet Read the original article on MassLive.
Sky News
21-02-2025
- Entertainment
- Sky News
Birkenstock sandals are not works of art, German court rules
The Birkenstock sandal is recognisable for its big buckles, wide-straps, and cork-made sole. But the shoes do not qualify as works of art, Germany's highest civil court has ruled. The German shoe company had filed a lawsuit against three competitors who sold sandals that were similar to their own, by claiming its products "are copyright-protected works of applied art" that may not be imitated. But the case was dismissed, with Federal Court of Justice judge Thomas Koch calling the claims "unfounded" because the sandals are not copy-right protected. In his ruling, he wrote that for copyright protection to apply, "a level of design must be achieved that reveals individuality". Under German law, copyright protection is valid for 70 years after the creator's death, while design protection hinges on the product's lifespan and ends after 25 years. The legal distinction between design and art in German law lies in a product's purpose. Design serves a practical function, while works of applied art require a discernible level of individual artistic creativity. Birkenstock creator and shoemaker Karl Birkenstock, who was born in 1936, is still alive, but since he crafted his initial designs in the 1970s, some sandals no longer enjoy design protection. As a result, lawyers for the company asked the court to classify the shoes as art. Lawyer Konstantin Wegner argued the sandals had an "iconic design" and said there would be further litigation after the federal court of justice's decision was announced. The case has proved contentious, having been heard at two lower courts previously, which disagreed on the issue. A regional court in Cologne initially recognised the shoes as works of applied art and granted the orders, but Cologne's higher regional court overturned the orders on appeal, according to German news agency DPA. The appeals court said it was unable to establish any artistic achievement in the sandal. Once popular with hippies, tech enthusiasts and medical professionals, Birkenstock gained widespread attention after Australian actress Margot Robbie wore a pair of pink Birkenstocks in the final scene of the 2023 hit movie Barbie. Has this happened before? Historically, it is tricky for fashion pieces to be deemed as original works of art. In the UK, to obtain copyright protection, works of fashion need to fall into one of the eight categories set out in the Copyright, Designs and Patents Act 1988. Copyright is also different to trademark, the first protects the original creative elements of a design, like unique patterns, prints, or graphic designs, while the latter protects a brand's identity like logos, names, and symbols that distinguish it from competitors. One rare example of success happened in the Netherlands in 2004, and centred on perfume, not clothing. Small Dutch firm Kecofa Cosmetics was ordered by a court in 2004 in the city of Maastricht to stop producing, selling, stocking, importing and exporting its perfume Female Treasure, as its smell replicated Tresor, made by French perfume and cosmetics maker Lancome. The court ruled at the time that Tresor is original and carries a personal stamp from the maker, and could therefore be considered a copyrighted work under the country's Copyright Act of 1912. Kecofa was also ordered to pay €16,398 to Lancome, plus all its profits from the sale of Female Treasure, according to court documents.
Reuters
20-02-2025
- Business
- Reuters
Birkenstock sandals are pieces of design, not art, court finds
KARLSRUHE, Germany, Feb 20 (Reuters) - Birkenstock (BIRK.N), opens new tab sandals, which have evolved from a symbol of counterculture to a trendy fashion item, do not qualify as art and are therefore not protected by copyright, Germany's highest civil court ruled on Thursday. The Federal Court of Justice dismissed a lawsuit brought by the German company, which had sought to prevent competitors, such as Germany's Tchibo, from selling similar models. "The claims are unfounded because they (the sandals) are not copyright-protected works of applied art," presiding judge Thomas Koch said. Under German law, copyright protection is valid for 70 years after the creator's death, while design protection hinges on the product's lifespan and ends after 25 years. The legal distinction between design and art in German law lies in a product's purpose. Design serves a practical function while works of applied art require a discernible level of individual artistic creativity. Shoemaker and Birkenstock dynasty member Karl Birkenstock, born in 1936, is alive. However, since he crafted his initial designs in the 1970s, some sandals no longer enjoy design protection. As a result lawyers asked the court to classify the shoes as art. Konstantin Wegner, Birkenstock's lawyer, said the sandals had an "iconic design" and announced further litigation after the decision was announced. "We want to add arguments in these pending proceedings", said Wegner without elaborating. Once popular with hippies, tech enthusiasts and medical professionals, Birkenstock gained widespread attention after Australian actress Margot Robbie wore a pair of pink Birkenstocks in the final scene of the 2023 hit movie "Barbie". Founded in 1774, Birkenstock was run by the namesake family for six generations until it sold a majority stake to L Catterton, a U.S. private equity firm backed by French billionaire Bernard Arnault and his luxury goods empire LVMH ( opens new tab. L Catterton remained Birkenstock's biggest shareholder after the company went public in 2023.
