1. MEMORANDUM OF LAW
TO: Lucinda Jones, Esq.
FROM: Danielle A. Adams
DATE: Jan. 16, 2014
RE: Mr. Landon Gray Termination
_____________________________________________________________________________________________
I. Summary of Facts:
Mr. Gray has been an employee of the District Attorney’s Office for 22 years. His
daughter, Chloe, is a Girl Scout. In an effort to assist her with her sales goals, Mr. Gray has
sold cookies to some of his colleagues. This year, for the purpose of expediency, he
delivered cookies from the trunk of his car in the employee parking lot. His boss found out,
and after a confrontation he was subsequently fired.
II. Issues
1. Did Mr. Gray's sale and delivery of Girl Scout Cookies constitute a Class IV
Felony pursuant to § 52-714.
2. Did Mr. Gray's action of possession of the Girl Scout Cookies constitute
solicitation in violation of Federal Statute § 52-723.
3. Did the government have a compelling state interest to when it enacted Federal
Statute's § 52-714, § 52-723 and did such enactment impinge unnecessarily or limit unreasonably
Mr. Gray's liberty or freedom pursuant to § 67-4224.
III. Discussion
1. § 52-714 states: 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, lunch rooms, meeting

2. rooms, kitchens, vending machines, or stores located in or within 150 feet of any
building that contains businesses with employees.
2. § 52-723 states: 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.
As an employee of the United Utopian States, Mr. Gray, was provided a copy of the
statutes at the time they were enacted. Mr. Gray, despite his intent to help his daughter,
was outside the parameters of the statute when he possessed and distributed the Girl
Scout Cookies. Mr. Gray attempted to circumvent said statutes by distributing the Girl
Scout Cookies more than 150ft. from the building. While his boss did not directly see
Mr. Gray distribute the cookies, and no employees brought them into the building,
there were witnesses who saw Mr. Gray distributing the cookies.
3. § 67-4224 states: 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.
The World Health Organization (herein the WHO) published a study showing that one
in every five workers is obese. This report prompted the United Utopian Congress to
pass statutes that limit people’s access to weight increasing causing foods in the
workplace. Congress feels justified in enacting these statutes because obese people are
less productive at work, miss work more often, and place a greater burden on the health
care system, thus increasing government spending in an area that can be proactively
alleviated. Pursuant to § 67-4224 the government has a compelling interest in banning

3. ‘junk food’. Health care costs have continued to rise, while employee production is
down, affecting the NGDP. Pursuant to statute's § 52-714 and § 52-723 Mr. Gray is
not at liberty to sell or distribute Girl Scout Cookies to his colleagues in any manner.
IV. Conclusion
Pursuant to the statutes discussed in this memorandum, it is unlikely that Mr. Gray’s endeavor
to return to his place of employment will be met with success. In fact, this firm would likely find
itself defending Mr. Gray in a criminal suit in which he would be prosecuted for a Class IV
felony, punishable with at minimum, a $10,000.00 fine, 2 years in jail or both. Mr. Gray should
not pursue a wrongful termination action.