The Evans Firm

Attorney Michael D. Evans and client Brandon Coats, who was fired from his job at Dish Network in 2010 for smoking medical marijuana off the clock.

Coloradans may be able to legally smoke pot now — but lighting up a joint, even off the clock, can still get you fired.

Although Centennial State voters approved a measure last fall to legalize marijuana use, the Colorado Court of Appeals ruled Thursday that employees can still be fired for testing positive for the drug -- even if they never show up to work impaired.

A divided panel of judges decided that because marijuana use is illegal under federal law, employees are not protected from being terminated for using it.

The case centered on Brandon Coats, a quadriplegic medical-marijuana patient who was fired in 2010 from his job as a telephone operator for Dish Network after testing positive for the drug. Lawyers for Coats argued he was protected under a Colorado law that states it is illegal for workers to be terminated for participating in lawful activities off the clock.

But a trial court dismissed the claim in 2011, siding with Dish Network that medical marijuana use isn't a "lawful activity" covered by the termination law.

Now, even though the law has changed, the outcome for Coats has not. In its ruling, the Colorado Court of Appeals sought to define the word "lawful," ultimately concluding that for something to be lawful it "must be permitted by, and not contrary to, both state and federal law."

Coats' attorney Michael Evans said the ruling is a major blow to Coloradans who use marijuana for medicinal purposes. 
"This case not only impacts Mr. Coats, but also some 127,816 medical-marijuana patient-employees in Colorado who could be summarily terminated even if they are in legal compliance with Colorado state law," he said in a statement.

Evans plans to appeal the ruling and said he believes the three-judge panel ultimately reached its decision out of a reluctance to issue a groundbreaking reversal that could have a far-reaching impact as Colorado establishes how to govern its new drug laws.
"What they did was the conservative thing, the safe thing to do," Evans said of the ruling.

The court acknowledged that Dish Network never accused Coats of being impaired while on the job. Lawyers for the former employee said he received satisfactory performance reviews all three years he worked at the company. 

But Dish Network ultimately has the right to fire marijuana smokers regardless of whether they were good employees, the court ruled. "While we agree that the general purpose of (the Lawful Off-Duty Activities Statute) is to keep an employer's proverbial nose out of an employee's off-site off-hours business ... we can find no legislative intent to extend employment protection to those engaged in activities that violate federal law," Court of Appeals Chief Judge Janice Davidson wrote in the opinion.

Judge John Webb dissented in the 2-1 vote, disagreeing with the majority's conclusion on the definition of lawful. 

If the federal government had issue with various states' versions of lawful off-duty activities statutes, it could have passed a federal law by now, Webb argued.

"[Congress] could have resolved that problem with legislation empowering employers to discharge employees who have engaged in conduct that violated any federal law. To date, Congress has not done so. Recognition that protecting employees from discharge based on their off-duty conduct is primarily a matter of state concern favors measuring 'lawful' based on state law," he wrote in his dissent.

Steven Senne / AP

Rhode Island state Sen. Donna Nesselbush, D-Pawtucket (center) shakes hands with R.I. state Sen. Paul Fogarty, D-Glocester, moments after the state Senate passed a same-sex marriage bill Wednesday.

Rhode Island took a major step to becoming the 10th state to approve gay marriage Wednesday after the state Senate voted to approve a measure that would allow same-sex couples to wed.

Once believed to be a close call, the legislation passed comfortably by a 26-12 vote. It heads to the House, where it easily passed in January, next week for final approval. Gov. Lincoln Chafee has pledged to sign the bill, and the first same-sex marriages could take place Aug. 1.

Heavily Catholic Rhode Island is the last of New England's six states to legalize gay marriage. The legislation has been introduced in the House every year since 1997.

"Rhode Island will no longer be an outlier in our region. We will have the welcome mat out," Chafee said in a statement. "We will be open for business, and we will once again affirm our legacy as a place that is tolerant and appreciative of diversity."

Iowa, Maryland, New York and Washington also legally recognize same-sex marriages, as does Washington, D.C.

Supporters of same sex-marriage erupted into cheers outside the Senate chambers after the result was clear. The vote was a result of a highly energized and coordinated campaigning from those equal rights groups, business leaders, community organizers and politicians. 

“New England is now complete. Through court rulings, legislative action, and wins at the ballot, loving and committed couples from Bangor to Burlington, Providence to Portland, and Cambridge to Concord will soon be able to join in the freedom to marry," Marc Solomon, national campaign director for Freedom to Marry, said in a statement.

Since President Obama announced his support of gay marriage in May 2012, state legislatures throughout the country have slowly begun to follow his lead. Minnesota, Illinois and Delaware are also expected to come to decisions about the issue soon.

Opponents to gay marriage argued passing the legislation will create less religious liberty for churches and certain faith-based organizations. “Lawmakers have allowed themselves to be fooled into thinking they have protected people of faith when in fact they have put those who believe in true marriage in the crosshairs of the law and gay ‘marriage’ activists. It won’t be long before the repercussions begin to be felt,” Brian Brown, president of the National Organization for Marriage, said in a statement.

NBC's Miranda Leitsinger contributed to this report. 

Brennan Linsley / AP

Members of a crowd numbering tens of thousands smoke marijuana and listen to live music, at the Denver 420 pro-marijuana rally at Civic Center Park in Denver on Saturday, April 20, 2013.

Denver police on Monday interviewed but did not arrest a person of interest in connection with a shooting that wounded two people at a weekend marijuana rally.

Police called on the public to help identify a man in a YouTube video that was believed to have assisted the primary suspect after the shooting.

Denver police tweeted out a link to the video, asking the public to help identify the man wearing a brown and white checkered shirt casually walking away from the scene as the crowd quickly disperses. 

A spokesperson for the Denver police told the Associated Press the man came to authorities voluntarily and spoke with detectives. 

"He gave us some information, and we're moving forward with our investigation," spokesman Sonny Jackson said.

Tens of thousands of descended on Civic Center Park in downtown Denver to for the marijuana celebration held on April 20, or "4/20," a number that has come to be code for the drug's use.

The rally was one of many weed-related celebrations taking place throughout the state that voted to legalize the drug for recreational use last fall.

A man and a woman were both shot in the leg during Saturday's Denver rally, with both suffering non-life threatening injuries, according to police. Another person was grazed by a bullet and walked to a nearby hospital.

Authorities have turned to the public to assist in the investigation. Denver Police quickly utilized social media to ask the public for any pictures, videos or witnesses that may help finding the suspected shooting.

Police are looking for a man who was wearing a blue hat, gray sweatshirt and black pants at the rally. Denver's police gang unit is in heading up the investigation, though the Associated Press reported it is unclear if the shooting was determined to be gang related.

Cook County Sheriff's Office

Police say Richard Vody bit off another man's ear during a dispute in a Chicago suburb Friday morning.

A 28-year-old man is charged with breaking into a suburban Chicago home and biting off another man's ear during an argument on Friday, according to the Cook County Sheriff’s Office.

Richard Vody, of Justice, Ill., forced his way into the victim’s home early Friday and, during a heated  dispute, leaned in and bit off half of the 26-year-old’s right ear, according to police. Authorities said the victim’s girlfriend also lived in the home and all three knew each other.

Firefighters responded to the scene and took the victim to an area hospital for treatment. With the help of Chicago police canine units, the missing part of the man’s ear was found Saturday near the home.

Vody is charged with home invasion, aggravated battery and domestic battery, according to a press release from the Cook County Sheriff’s Office.

He is currently out on $250,000 bond, and is scheduled to appear in court on Tuesday.

Ed Andrieski / AP

Two women share an umbrella to ward off snow as they walk the 16th Street Mall during the noon hour in Denver on Wednesday, April 17, 2013.

Severe thunderstorms, large hail and possible tornadoes menaced a swath of the country from northern Texas to St. Louis, Missouri, on Wednesday, while heavy rains in northern Illinois caused delays at Chicago-area airports and snow made for messy travel in Colorado.

The National Weather Service issued advisories of all types as harsh weather pelted the middle of the country throughout the day. 

Much of Oklahoma was under a tornado watch until late Wednesday as intense storms ravaged the Texas-Oklahoma border. That tornado watch extends north through St. Louis and central Illinois.

"There could be really strong storms later tonight, and that's always scary. That could be the case in central Oklahoma," said Carl Parker, a storm specialist for The Weather Channel.

A flash flood warning was in effect in northern Illinois, causing airport delays and cancellations. O'Hare International Airport reported delays averaging almost one hour, with more than 300 flight cancellations due to weather, according to the Chicago Department of Aviation.

At Chicago Midway International Airport, airlines were reporting some delays of 30 minutes or more, with a few flight cancellations.

Meanwhile out west, Colorado was still dealing with the lingering effects of heavy snowfall, which had created messy driving conditions. Multiple accidents Wednesday afternoon led the state's Department of Transportation to shutdown westbound traffic for a portion of Interstate 70.

Inbound flights to Denver International Airport were delayed an average of 2 hours 16 minutes Wednesday evening, according to tracking site FlightAware.com. Outbound flights were experiencing delays of about 45 minutes.

Areas around Denver were expected to receive 3 to 6 inches of new snow by the end of Wednesday.

Police in some of the nation's largest cities have stepped up security in the wake of two explosions that rocked the Boston Marathon.

"We've stepping up security at hotels and other prominent locations in the city through deployment of the NYPD's critical response vehicles until is more about the explosion is learned," Deputy Commissioner of the New York Police Department Paul J Browne told CNBC.

Mayor Michael Bloomberg told New Yorkers that security is being beefed up in both visible and covert ways. "We have 1,000 members of the NYPD assigned to counter-terrorism duties, and they - along with the entire NYPD and the investments we have made in counter-terrorism infrastructure - are being fully mobilized to protect our city," he said in a statement.

Security was also increased in Washington, D.C., at Pennsylvania Avenue in front of the White House, officials told NBC News. People with hard passes can still access the White House, but the public has been pushed into Lafayette Park and beyond. The Secret Service has put up yellow police tape to keep people away from the front of the White House.

Also, the Metropolitan Police Department in DC confirms to NBC News that the police have "heightened security" in DC. Police at the United States Capitol were taking additional precautions as well, according to a spokesperson.

Organizers from the London marathon — set to take place this Sunday — announced the race will still go on, though British police are in the process of reviewing security plans. 

"A security plan is in place for the London Marathon. We will be reviewing our security arrangements in partnership with London Marathon," Metropolitan Police Chief Superintendent Julia Pendry said.

Meanwhile, other cities announced they would not step up security until more is known about the incident. Police in Atlanta, Miami, Dallas, Houston, and Oklahoma City have all announced they are not making any adjustments, some because they do not have the resources, other because no major events were being held.

It is unclear what caused the explosion that killed two and injured dozens of runners and onlookers near the finish line of the marathon.

Additional reporting by NBC News' Stacey Klein and Mike Viqueira

Doug Pensinger / Getty Images

Foxnews.com reporter Jana Winter returns to the court house after a midday recess to face Arapahoe County District Judge William Sylvester regarding evidence in the case of Aurora theater shooting suspect James Holmes at the Arapahoe County Justice Center on April 1, 2013 in Centennial, Colorado.

When reporter Jana Winter wrote an exclusive story last July on the contents of a notebook that movie-theater massacre suspect James Holmes sent to his psychiatrist, she likely did not think it had the potential to ruin her career or send her to jail.

The day Winter broke the story, her work dominated the news cycle, frequently cited by Fox News reporters and commentators discussing the slaughter of 12 people during a midnight showing of “The Dark Knight Rises” in Aurora, Colo.

Citing two law enforcement sources, Winter reported that Holmes sent a package to the psychiatrist, at the University of Colorado at Denver, with drawings that outlined his plans. The spiral-bound notebook’s pages were filled with stick figures holding guns and shooting other stick figures.

But the report quickly drew the ire of Holmes’ defense team, which argued that leaking the information violated a gag order limiting pretrial publicity.  

That is why Winter will be back in Colorado on Wednesday. A judge is deciding whether she should be forced to testify, a move that her lawyers say could destroy her reputation as a reporter and have devastating effects throughout journalism. Refusing to reveal her sources could land her in jail up to six months.

The hearing was supposed to be when Judge Carlos A. Samour Jr. made his decision on whether Winter would testify. But Winter’s defense team won a minor victory earlier in the week, when Samour announced he would delay his ruling until he decides whether the notebook will be allowed as evidence in the first place.

“The notebook may or may not be introduced, and its contents may or may not be of significance. Given these uncertainties, the record is inadequate,” Samour wrote in his order Monday. 

Dori Ann Hanswirth, a lawyer with the firm Hogan Lovells, which is representing Winter, warned there is still uncertainty over the final ruling.

If Holmes’ defense team decides to make his mental health an issue, the notebook will likely be significant evidence — as will how its contents became public.

Hanswirth said that Samour, appointed to take over the case April 1, has shown hints that he believes Winter may be protected under the First Amendment. Still, regardless of the final ruling, damage has already been done, the lawyer said.

“The chilling effect of this is quite palpable. It has been very hard on my client, and it is a big tax on her and her employer that would be devoted to gathering news,” Hanswirth said. “It’s chilling.”

In an affidavit in March, Winter said sources were already less willing to talk to her. Some fear that simply speaking to her will get them wrapped up in the legal battle, she wrote.

“I rely on the trust of my sources every single day,” Winter told the court. “If I am forced to reveal the identities of persons whom I promised to shield from public exposure, simply put, I will be unable to function effectively in my profession, and my career will be over.”

Hanswirth said her client has the added pressure of defending not only herself but her profession. 

“She needs to stand up for her journalistic ethics and principles for all (reporters),” Hanswirth said.

In what is known as a shield law, Colorado provides some protection for reporters against being forced to reveal sources, but it is not nearly as strong as in other states, like New York, where Winter is based.

It is rare for journalists to face jail time for not revealing sources, and those cases frequently deal with national security. What may have been the highest-profile involved former New York Times reporter Judith Miller, who served three months in prison for refusing to testify in a government inquiry of who leaked the name of CIA operative Valerie Plame.

Miller has become one of Winter’s most ardent defenders and wrote a column praising her work.

“Those who believe in the importance of a free and independent press must support her. In a democracy, Jana Winter should not have to go to jail to protect her sources and do her job,” Miller wrote.

Others in the media have spoken out against making Winter testify, including affidavits to the court Tuesday from the Colorado Broadcasters Association and the Reporters Committee for Freedom of the Press.

“The Court should be mindful of the ‘chilling effect’ subpoenas have on reporters,” wrote Bruce Brown, executive director of the committee.

He added: “Journalists often have difficulty convincing reluctant sources to come forward and speak freely and openly. ... The task is even more challenging, if not impossible, if the sources sense that reporters may be compelled to serve as witnesses against those whom they interview.”

Doug Pensinger / Getty Images file

Foxnews.com reporter Jana Winter returns to the court house after a midday recess to face Arapahoe County District Judge William Sylvester regarding evidence in the case of Aurora theater shooting suspect James Holmes at the Arapahoe County Justice Center on April 1, 2013 in Centennial, Colorado.

A journalist who could face jail time if she refuses to reveal the source of a report detailing the contents of a notebook Colorado massacre suspect James Holmes sent his psychiatrist won a temporary reprieve on Monday.

Judge Carlos A. Samour Jr., who is presiding over the Aurora movie theater shooting case, ruled that he will not make Fox News reporter Jana Winter testify until he decides if the notebook will be allowed as evidence in the first place.

The move reflects the argument made by Winter's defense attorneys that the testimony is not yet "ripe" for ruling.

"The notebook may or may not be introduced, and its contents may or may not be of significance. Given these uncertainties, the record is inadequate," Samour wrote in his order Monday. 

The judge said at a ruling last week that the New York-based journalist could face six months in jail if she refused to testify, according to the Denver Post. Though Winter must still attend a hearing Wednesday, there will be no final decision on whether she will be legally obligated to testify until a later date.

Winter angered prosecutors last July when she reported for FoxNews.com that two law enforcement sources revealed to her Holmes had sent a University of Colorado at Denver psychiatrist a notebook "full of details about how he was going to kill people."

Prosecutors maintained that leaking such information was in violation of a court gag order limiting pretrial publicity.

In December, 14 law enforcement agents testified regarding the leak, and all denied speaking to the media about the notebook or knowing anyone who could have.

Lawyers for Holmes, who is accused of killing 12 and injuring 58 during a midnight showing of “The Dark Knight Rises” in Auroa, Colo., argued the notebook cannot be submitted as evidence because it is protected by doctor-patient privilege.

But if Holmes decides to use mental-health as a defense, the notebook will likely become significant evidence. In late March, Holmes defense team offered to plead guilty in exchange for a life sentence. Prosecutors, however, rejected that move as a publicity stunt, and are seeking the death penalty.

In a March affidavit obtained by NBC News, Winter said being forced to testify would ruin her career as a reporter and make it impossible to do her job as an investigative journalist. 

Her reputation in the field will be “irreparably tarnished,” she wrote.

"The documents and testimony Holmes seeks would violate my promises to my sources that I would keep their identities a secret. Futhermore, having to travel to Colorado to reveal my confidential sources for the article will cause me severe, irreparable hardship in a number of ways," Winter wrote to the court.

Along with her career, Winter said her life could be in danger if forced to appear in court.

She said she has been the subject of Internet threats from Holmes supporters, and even found a website containing personal photos of her family with “a scary degree of detail about our personal lives.”

“I cannot even begin to think about what might happen if I actually travel to Colorado at a time and place where these kinds of people will know where I am," Winter wrote.

Nevertheless, Winter will be in court on Wednesday.

Members of the media have come to Winter’s defense in voicing outrage over the prospects of making her testify. Colorado shield law does protect journalists from having to reveal sources, but there are circumstances under which reporters could be compelled to reveal their sources or face contempt of court charges.

"Courts have the right to enforce the confidentiality of investigations and that may in some cases require punishing leakers," National Press Club President Angela Greiling Keane said in a statement. "But attempting to get that information by subpoenaing reporters in order to learn their anonymous sources goes too far.”

Authorities have suspended the search for a father and his 12-year-old daughter who were last seen kayaking in Lake Erie in Ohio.

Rescue teams recovered two empty kayaks from Sandusky Bay on Sunday, but there was no sign of the girl or her 30-year-old father, officials said. The two are not believed to have been wearing life jackets. 

The two were first reported missing early Sunday by friend after the two failed to return from a trip they embarked on an evening earlier, according to police records. The U.S. Coast Guard, along with local police and fire officials combed over the Lake Erie shoreline and Sandusky.

The U.S. Coast Guard announced on Sunday they had suspended the active search. Rescue efforts from local authorities have also been suspended. 

Neighbors who last saw the pair told the Toledo Blade that the weather was nice when Jonathan and Viola Francis set Saturday afternoon.

Jonathan Francis was last seen wearing  blue sweatpants and a hoodie sweatshirt, while Viola Francis was wearing pink boots, dark leggings and a dark coat.