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2000 Opinions

TO: Kermit R. Spaulding, Sergeant At Arms
FROM: Michael McShane, Assistant Attorney General
DATED: 3/17/2000
RE: It is constitutionally permissible to prohibit access by minors to displays within the State House of material that depicts intimate sexual activity. Such regulation is likely to be impermissibly overbroad if it also restricts the access of adults to such materials. Any regulation that prohibits or restricts access to material that depicts homosexual activity without prohibiting or restricting access to material depicting similar heterosexual activity is likely to fail because of its tendency to suppress a particular viewpoint. (Informal)

TO: Molly P. Lambert, Secretary, Agency of Commerce & Community Development
FROM: Bridget C. Asay, Assistant Attorney General
DATED: March 22, 2000
RE: The Legislature intended to give corporate directors greater latitude to consider the interests of corporate constituencies other than shareholders when it enacted the 1998 amendment to 11A V.S.A. § 8.30. (Informal)

TO: Gerry F. Longway, Clerk, Town of Fairfield, VT
FROM: Bridget C. Asay, Assistant Attorney General
DATED: June 16, 2000
RE: The obligation as a town clerk to issue civil union licenses and the potential consequences for failure to do so. (Informal)

TO: Donald G. Edson, Sheriff, Washington County Sheriff’s Department
FROM: Robert W. Gagnon, Assistant Attorney General
DATED: July 18, 2000
RE: Actual service of process in civil cases is the act for which fees are authorized under 32 V.S.A. §1591(1). (Informal)