courthousenews--2020-10-06--Large Swathes of California Seeing Progress in Coronavirus Fight

( CN ) — Nearly seven months after the onset of the Covid-19 pandemic , California health officials announced Tuesday that Ventura County and others across the state are seeing a drop in the rate of infection even as some areas are seeing spikes of infection .
Eight counties moved into less restrictive tiers of the Golden State ’ s color-coded coronavirus rating system .
The system runs from the widespread , the most restrictive tier color-coded purple — meaning fewer sectors of the local economy can reopen — to the least restrictive or minimal tier , which is yellow @ @ @ @ @ @ @ , ” said California Health and Human Services Secretary Dr. Mark Ghaly on Monday .
“ When we began , 38 counties were in the purple and that is down to less than 20.
” Merced , Ventura and Yuba counties moved into red , the second most restrictive tier , while Inyo moved into the third most restrictive orange tier .
The smaller counties of Humboldt , Plumas , Siskiyou and Trinity counties all moved into the least restrictive or yellow tier as they have seen less than one daily case per @ @ @ @ @ @ @ of tests conducted have come back positive .
But Shasta County slid backward from the orange to red tier .
The Northern California county of roughly 180,000 reported about 7 positive cases for every 100,000 people and a positivity rate above 3 % over a 7-day average , according to its health agency .
A vocal group of residents in Shasta County have decried the health restrictions established by state and local health officials and are also challenging a flu shot mandate .
Health officials said they have received threats for trying to @ @ @ @ @ @ @ , Shasta County reported over 1,000 total confirmed cases .
With the latest back slide into the red tier , the county ’ s restaurants , bars and other businesses must comply with deeper health restrictions .
A faith-based university , Bethel Supernatural School of Ministry in Redding , Shasta ’ s largest city , is responsible for over 100 cases in the last week according to county health officer Karen Ramstrom .
On Tuesday , residents excoriated the Shasta County Board of Supervisors during a public meeting .
According to news reports @ @ @ @ @ @ @ citizen ’ s arrest during the meeting and was escorted out by sheriff ’ s deputies .
Ghaly , the state ’ s health secretary , said he hopes the messaging from state , federal and local agencies about the importance of infection control makes it to residents .
“ I think we ’ re in a sort of political season right now .
So much is being talked about as it relates to our Covid response , ” Ghaly said .
“ But again , guided by data , guided by science @ @ @ @ @ @ @ , we see the path moving forward by emphasizing all of the things we have done up until now.
” On Monday , shortly before he left Walter Reed Medical Center where he was being treated for a coronavirus infection , President Donald Trump tweeted , “ Don ’ t be afraid of Covid .
Don ’ t let it dominate your life .
We have developed , under the Trump administration , some really great drugs & knowledge.
” South of Shasta , Tehama County with a population of 65,000 reports an @ @ @ @ @ @ @ average and is back into the purple or widespread tier .
According to The New York Times Covid-19 tracking database , Tehama County saw 64 cases in the last week , while Shasta County saw 275 .
Ghaly said the state is in close discussions with those counties on the decision to push them back into more restrictive tiers .
The state rolled out a new health equity metric that is meant to address economic and racial disparities and who are getting infected and dying at higher rates .
“ Low-income , Latino @ @ @ @ @ @ @ hardest hit , ” state epidemiologist Dr. Erica Pan said .
With this new metric , counties will need to address high rates of death and infections within certain neighborhoods and job sectors .
That will tie a county to measure its success based on the health and wellbeing of those neighborhoods , which means prioritizing essential workers and those who can not work from home .
Across the state , health officials reported 1,677 new confirmed cases on Tuesday .
Since the onset of the pandemic in March , California has seen @ @ @ @ @ @ @ a death toll over 16,000 .

Nearly seven months after the onset of the Covid-19 pandemic, California health officials announced Tuesday that Ventura County and others across the state are seeing a drop in the rate of infection even as some areas are seeing spikes of infection.
(CN) — Nearly seven months after the onset of the Covid-19 pandemic, California health officials announced Tuesday that Ventura County and others across the state are seeing a drop in the rate of infection even as some areas are seeing spikes of infection.
Eight counties moved into less restrictive tiers of the Golden State’s color-coded coronavirus rating system. The system runs from the widespread, the most restrictive tier color-coded purple — meaning fewer sectors of the local economy can reopen — to the least restrictive or minimal tier, which is yellow.
“We’re seeing movement,” said California Health and Human Services Secretary Dr. Mark Ghaly on Monday. “When we began, 38 counties were in the purple and that is down to less than 20.”
Merced, Ventura and Yuba counties moved into red, the second most restrictive tier, while Inyo moved into the third most restrictive orange tier.
The smaller counties of Humboldt, Plumas, Siskiyou and Trinity counties all moved into the least restrictive or yellow tier as they have seen less than one daily case per 100,000 residents and less than 2% of tests conducted have come back positive.
But Shasta County slid backward from the orange to red tier. The Northern California county of roughly 180,000 reported about 7 positive cases for every 100,000 people and a positivity rate above 3% over a 7-day average, according to its health agency.
A vocal group of residents in Shasta County have decried the health restrictions established by state and local health officials and are also challenging a flu shot mandate. Health officials said they have received threats for trying to implement health restrictions.
Over the weekend, Shasta County reported over 1,000 total confirmed cases. With the latest back slide into the red tier, the county’s restaurants, bars and other businesses must comply with deeper health restrictions.
A faith-based university, Bethel Supernatural School of Ministry in Redding, Shasta’s largest city, is responsible for over 100 cases in the last week according to county health officer Karen Ramstrom.
On Tuesday, residents excoriated the Shasta County Board of Supervisors during a public meeting. According to news reports, a man tried to make a citizen’s arrest during the meeting and was escorted out by sheriff’s deputies.
Ghaly, the state’s health secretary, said he hopes the messaging from state, federal and local agencies about the importance of infection control makes it to residents.
“I think we’re in a sort of political season right now. So much is being talked about as it relates to our Covid response,” Ghaly said. “But again, guided by data, guided by science, guided by lessons of the past, we see the path moving forward by emphasizing all of the things we have done up until now.”
On Monday, shortly before he left Walter Reed Medical Center where he was being treated for a coronavirus infection, President Donald Trump tweeted, “Don’t be afraid of Covid. Don’t let it dominate your life. We have developed, under the Trump administration, some really great drugs & knowledge.”
South of Shasta, Tehama County with a population of 65,000 reports an 11% positivity rate over a 7-day average and is back into the purple or widespread tier. According to The New York Times Covid-19 tracking database, Tehama County saw 64 cases in the last week, while Shasta County saw 275.
Ghaly said the state is in close discussions with those counties on the decision to push them back into more restrictive tiers.
The state rolled out a new health equity metric that is meant to address economic and racial disparities and who are getting infected and dying at higher rates.
“Low-income, Latino, Black and Pacific Islanders have been hardest hit,” state epidemiologist Dr. Erica Pan said.
With this new metric, counties will need to address high rates of death and infections within certain neighborhoods and job sectors. That will tie a county to measure its success based on the health and wellbeing of those neighborhoods, which means prioritizing essential workers and those who cannot work from home.
Across the state, health officials reported 1,677 new confirmed cases on Tuesday. Since the onset of the pandemic in March, California has seen over 838,000 confirmed cases of Covid-19 and a death toll over 16,000.


courthousenews--2020-10-06--Trump Plans to Attend Second Debate Despite Virus Infection

( CN ) — The day after returning to the White House from his coronavirus-related hospital stay , President Donald Trump said he ’ s “ feeling great ” and plans to attend the Oct. 15 presidential debate in Miami .
The status of the second presidential debate has been in limbo since Trump tested positive for Covid-19 last week and was admitted to Walter Reed hospital in Maryland .
After a three-day hospital stay , Trump on Monday night returned to the White House .
Trump ’ s physician Sean Conley wrote in a memo Tuesday that Trump “ @ @ @ @ @ @ @ and was reporting no symptoms .
The memo painted a picture of a swift recovery from last Friday , when , according to Conley , Trump had a high fever , fatigue and oxygen levels transiently dipping below normal .
A communications director for the Trump campaign signaled early in the week that Trump was planning on attending the Miami debate against Democratic candidate Joe Biden .
The sentiment was echoed by Trump on his social media account Tuesday morning .
“ FEELING GREAT !
” the president posted , before adding : @ @ @ @ @ @ @ debate on the evening of Thursday , October 15th in Miami .
It will be great !
” The debate is scheduled to be held at the Adrienne Arsht Center for the Performing Arts in the heart of Miami .
Miami and the surrounding county Miami-Dade have been hit hard by the coronavirus outbreak , with more than 3,300 deaths linked to the virus .
Intensive-care unit hospitalizations associated with the virus appear to be on the decline in the county .
On Aug. 10 , Miami-Dade reported more than 550 Covid-19 patients @ @ @ @ @ @ @ has fallen to 98 as of October 6 .
According to the Adrienne Arsht Center , tickets for the debate are not available to the public , and the Commission on Presidential Debates is managing requests for access .
The commission has not responded to a request for comment on its contingency plans in the event that the debate needs to be rescheduled .
Biden told reporters Monday that if medical experts give the go-ahead for the debate , he is game .
“ If the scientists say that it ’ s safe @ @ @ @ @ @ @ think it ’ s fine , ” Biden said .
Trump on Monday night addressed the country about his Covid-19 diagnosis .
“ Don ’ t let it dominate you , ” Trump said of the virus .
“ Don ’ t be afraid of it.
” He went on : “ You ’ re gon na beat it .
… Two days ago I could have left [ Walter Reed hospital ] .
Two days ago I felt great , like better than I have in a long time.
” “ Now @ @ @ @ @ @ @ ’ m immune .
I don ’ t know .
But don ’ t let it dominate your lives .
Get out there .
Be careful , ” he said in the roughly 90-second address .
Trump has received the antiviral drug remdesivir and the corticosteroid dexamethasone , as well as supplemental oxygen as treatment for the virus .
He tested positive a few days after the first presidential debate on Sept. 29 .
Several people in Trump ’ s inner circle have also tested positive for the virus , including First Lady @ @ @ @ @ @ @ and press secretary Kayleigh McEnany .
Trump ’ s positive test was preceded by the diagnosis of Covid-19 in his aide Hope Hicks .
According to a Politico report , Miami Mayor Francis Suarez said that if Trump is still testing positive , it would be unsafe for the president to participate in a live debate in the city .
Suarez , who suffered his own bout with Covid-19 early in the outbreak , is a registered Republican , though the mayoral office in Miami appears on ballots as nonpartisan .
“ Remember @ @ @ @ @ @ @ Suarez said , according to the Politico report .
Trump ’ s social media comment equating Covid-19 to the seasonal flu was deleted by Facebook and hidden by Twitter Tuesday after the platforms deemed it to be spreading misinformation .
Railing against the prospect of more government-ordered shutdowns , the comment stated that “ many people every year ” die from the flu , but that “ we have learned to live with it.
” Trump then asserted that Covid-19 is “ far less lethal ” than the flu in “ most populations @ @ @ @ @ @ @ by U.S. government medical agencies , including the National Institutes of Health .
Lisa Lockerd Maragakis , senior director of infection prevention at Johns Hopkins Medicine , for one has written that the mortality rate of Covid-19 is estimated to be “ substantially higher ” than that of most flu strains .

The day after returning to the White House from his coronavirus-related hospital stay, President Donald Trump said he's "feeling great" and plans to attend the Oct. 15 presidential debate in Miami.
(CN) — The day after returning to the White House from his coronavirus-related hospital stay, President Donald Trump said he's "feeling great" and plans to attend the Oct. 15 presidential debate in Miami.
The status of the second presidential debate has been in limbo since Trump tested positive for Covid-19 last week and was admitted to Walter Reed hospital in Maryland. After a three-day hospital stay, Trump on Monday night returned to the White House.
Trump's physician Sean Conley wrote in a memo Tuesday that Trump "had a restful night at home" and was reporting no symptoms. The memo painted a picture of a swift recovery from last Friday, when, according to Conley, Trump had a high fever, fatigue and oxygen levels transiently dipping below normal.
A communications director for the Trump campaign signaled early in the week that Trump was planning on attending the Miami debate against Democratic candidate Joe Biden. The sentiment was echoed by Trump on his social media account Tuesday morning.
“FEELING GREAT!” the president posted, before adding: “I am looking forward to the debate on the evening of Thursday, October 15th in Miami. It will be great!”
The debate is scheduled to be held at the Adrienne Arsht Center for the Performing Arts in the heart of Miami.
Miami and the surrounding county Miami-Dade have been hit hard by the coronavirus outbreak, with more than 3,300 deaths linked to the virus.
Intensive-care unit hospitalizations associated with the virus appear to be on the decline in the county. On Aug. 10, Miami-Dade reported more than 550 Covid-19 patients in intensive care units. That figure has fallen to 98 as of October 6.
According to the Adrienne Arsht Center, tickets for the debate are not available to the public, and the Commission on Presidential Debates is managing requests for access.
The commission has not responded to a request for comment on its contingency plans in the event that the debate needs to be rescheduled.
Biden told reporters Monday that if medical experts give the go-ahead for the debate, he is game.
"If the scientists say that it's safe and the distances are safe ... I think it's fine," Biden said.
Trump on Monday night addressed the country about his Covid-19 diagnosis.
"Don't let it dominate you," Trump said of the virus. "Don't be afraid of it."
He went on: "You're gonna beat it. ... Two days ago I could have left [Walter Reed hospital]. Two days ago I felt great, like better than I have in a long time.”
"Now I'm better. Maybe I'm immune. I don't know. But don't let it dominate your lives. Get out there. Be careful," he said in the roughly 90-second address.
Trump has received the antiviral drug remdesivir and the corticosteroid dexamethasone, as well as supplemental oxygen as treatment for the virus. He tested positive a few days after the first presidential debate on Sept. 29.
Conley characterized Trump's transport to Walter Reed National Military Medical Center as a precautionary measure.
Several people in Trump's inner circle have also tested positive for the virus, including First Lady Melania Trump, campaign manager Bill Stepien and press secretary Kayleigh McEnany. Trump's positive test was preceded by the diagnosis of Covid-19 in his aide Hope Hicks.
According to a Politico report, Miami Mayor Francis Suarez said that if Trump is still testing positive, it would be unsafe for the president to participate in a live debate in the city. Suarez, who suffered his own bout with Covid-19 early in the outbreak, is a registered Republican, though the mayoral office in Miami appears on ballots as nonpartisan.
"Remember this thing is highly contagious," Suarez said, according to the Politico report.
Trump's social media comment equating Covid-19 to the seasonal flu was deleted by Facebook and hidden by Twitter Tuesday after the platforms deemed it to be spreading misinformation. Railing against the prospect of more government-ordered shutdowns, the comment stated that "many people every year" die from the flu, but that "we have learned to live with it."
Trump then asserted that Covid-19 is "far less lethal" than the flu in "most populations," a claim that contradicts analyses by U.S. government medical agencies, including the National Institutes of Health.
Lisa Lockerd Maragakis, senior director of infection prevention at Johns Hopkins Medicine, for one has written that the mortality rate of Covid-19 is estimated to be "substantially higher" than that of most flu strains.


courthousenews--2020-10-07--Texas Grand Jury Indicts Netflix for Promotion of French Film ‘Cuties’

WOODVILLE , Texas ( CN ) — A Republican lawmaker announced Tuesday a Texas grand jury indictment against streaming service Netflix for allegedly promoting lewd material of children in the controversial French film “ Cuties.
” The Tyler County grand jury in East Texas handed down the felony indictment on Sept. 23 , accusing Netflix of promoting “ visual material which depicts the lewd exhibition of the genitals or pubic area of a clothed or partially clothed child ” younger than 18 years of age .
The indictment claims the film “ appeals to the prurient interest in sex , @ @ @ @ @ @ @ , political , or scientific value.
” The one-page indictment specifically calls out Netflix ’ s co-chief executive officers Reed Hastings and Ted Sarandos for authorizing or “ recklessly ” tolerating the service ’ s promotion of the film .
Texas state Representative Matt Schaefer first revealed the indictment on Tuesday , adding that the Texas Rangers served Netflix with the indictment on Oct. 1 .
Netflix quickly defended its role in distributing the film after the charge was announced .
“ ’ Cuties ’ is a social commentary against the sexualization of @ @ @ @ @ @ @ in a statement .
“ This charge is without merit and we stand by the film.
” Netflix did apologize on Aug. 20 for its American marketing artwork for the film being more inappropriate than its artwork for the film in France .
Tyler County District Attorney Lucas Babin said he “ knew there was probable cause to believe it was criminal ” under the Texas Penal Code after watching the movie .
“ The legislators of this state believe promoting certain lewd material of children has destructive consequences , ” he said @ @ @ @ @ @ @ If such material is distributing on a grand scale , isn ’ t the need to prosecute more , not less .
A grand jury in Tyler County found probable cause for this felony , and my job is to uphold the laws of this state and see that justice is done.
” Babin has coincidentally had a long career as an actor and model in addition to being an attorney .
He is best known for his role as antagonist Spider in the 2003 feature film “ School of Rock ” starring @ @ @ @ @ @ @ in the television show “ Cooking Styles of the Rich and Famous ” in 2018 , according to his IMDb profile .
Babin has also appeared in global advertisements for Louis Vuitton , Gucci and Versace .
Babin ’ s father is U.S. Representative Brian Babin , R-Woodville , who signed a Sept. 17 letter to U.S. Attorney General William Barr that described “ Cuties ” as containing child pornography .
Thirty-four lawmakers signed the letter , asking Barr to prosecute Netflix for depicting child pornography instead of criticizing it as the film @ @ @ @ @ @ @ to IMDB ’ s parental guide , Cuties contains , ‘ a scene where an 11-year-old girl dressed in a tank and panties is splashed with water and begins twerking in a frenzied kind of way , ’ and numerous other , equally distressing depictions of minors including a display of an 11-year-old child ’ s bare breast , ” the letter stated .
“ One reviewer recently said , ‘ What the Avengers movies are to comic-book geeks , Cuties is to pedophiles.
’ ” Senator Mike Lee , R-Utah , said @ @ @ @ @ @ @ employees on the phone about his objection to the film and was left “ unsatisfied ” with their response .
“ Asked whether the sexualization of young girls depicted in Cuties constituted criminal conduct , Netflix offered only conclusory statements in denial , ” Lee said in a statement .
“ I am not convinced .
”

A Republican lawmaker announced Tuesday a Texas grand jury indictment against streaming service Netflix for allegedly promoting lewd material of children in the controversial French film “Cuties.”
WOODVILLE, Texas (CN) — A Republican lawmaker announced Tuesday a Texas grand jury indictment against streaming service Netflix for allegedly promoting lewd material of children in the controversial French film “Cuties.”
The Tyler County grand jury in East Texas handed down the felony indictment on Sept. 23, accusing Netflix of promoting “visual material which depicts the lewd exhibition of the genitals or pubic area of a clothed or partially clothed child” younger than 18 years of age. The indictment claims the film “appeals to the prurient interest in sex, and has no serious literary, artistic, political, or scientific value.”
The one-page indictment specifically calls out Netflix’s co-chief executive officers Reed Hastings and Ted Sarandos for authorizing or “recklessly” tolerating the service’s promotion of the film.
Texas state Representative Matt Schaefer first revealed the indictment on Tuesday, adding that the Texas Rangers served Netflix with the indictment on Oct. 1.
Netflix quickly defended its role in distributing the film after the charge was announced.
“’Cuties’ is a social commentary against the sexualization of young children,” the company said in a statement. “This charge is without merit and we stand by the film.”
Netflix did apologize on Aug. 20 for its American marketing artwork for the film being more inappropriate than its artwork for the film in France.
Tyler County District Attorney Lucas Babin said he “knew there was probable cause to believe it was criminal” under the Texas Penal Code after watching the movie.
“The legislators of this state believe promoting certain lewd material of children has destructive consequences,” he said in a statement on Facebook. “If such material is distributing on a grand scale, isn’t the need to prosecute more, not less. A grand jury in Tyler County found probable cause for this felony, and my job is to uphold the laws of this state and see that justice is done.”
Babin has coincidentally had a long career as an actor and model in addition to being an attorney. He is best known for his role as antagonist Spider in the 2003 feature film “School of Rock” starring Jack Black. He most recently appeared in the television show “Cooking Styles of the Rich and Famous” in 2018, according to his IMDb profile. Babin has also appeared in global advertisements for Louis Vuitton, Gucci and Versace.
Babin’s father is U.S. Representative Brian Babin, R-Woodville, who signed a Sept. 17 letter to U.S. Attorney General William Barr that described “Cuties” as containing child pornography. Thirty-four lawmakers signed the letter, asking Barr to prosecute Netflix for depicting child pornography instead of criticizing it as the film’s defenders claim.
“According to IMDB’s parental guide, Cuties contains, ‘a scene where an 11-year-old girl dressed in a tank and panties is splashed with water and begins twerking in a frenzied kind of way,’ and numerous other, equally distressing depictions of minors including a display of an 11-year-old child’s bare breast,” the letter stated. “One reviewer recently said, ‘What the Avengers movies are to comic-book geeks, Cuties is to pedophiles.’”
Senator Mike Lee, R-Utah, said on Monday that he spoke with Netflix employees on the phone about his objection to the film and was left “unsatisfied” with their response.
“Asked whether the sexualization of young girls depicted in Cuties constituted criminal conduct, Netflix offered only conclusory statements in denial,” Lee said in a statement. “I am not convinced.”


courthousenews--2020-10-07--Trump Campaign Loses Challenge Against New Jersey’s Mail-In Voting Plans

( CN ) — A New Jersey federal court Tuesday rejected the Trump campaign ’ s attempt to stop the state from canvassing mail-in ballots early and counting such ballots if they are received within two days of Election Day , even if they are missing a postmark .
U.S. District Judge Michael Shipp refused to grant a preliminary injunction Tuesday , finding that the plaintiffs — the campaign , the Republican National Committee and the New Jersey Republican State Committee — are unlikely to succeed on the merits of their claims that states must canvass ballots only on Election @ @ @ @ @ @ @ national uniform election day does not prevent New Jersey from canvassing ballots before Election Day so long as the election is not consummated and the results reported before the polls close on Election Day , ” said Shipp .
“ It is within New Jersey ’ s discretion to choose its methods of determining the timeliness of the ballots , so long as there is no appreciable risk of canvassing untimely ballots , ” the judge added in his 31-page opinion .
The underlying suit , brought in August , is part of @ @ @ @ @ @ @ against mail-in voting .
The suit alleged New Jersey ’ s system is susceptible to fraud .
Governor Phil Murphy signed the opposed system into law in August , allowing for election officials to start counting ballots 10 days before Election Day and to count ballots received within two days after the polls close , even if they are missing a postmark .
Judge Shipp , a Barack Obama appointee , was not convinced by the campaign ’ s fraud allegations , instead finding its disapproval to be against the public ’ s @ @ @ @ @ @ @ right to vote and the ongoing pandemic .
“ Here the risk is not just voters remaining away from the polls but also voters traveling to the polls , ” Shipp said .
“ It is foreseeable that an injunction on the eve of the by-mail election could prompt such confusion or distrust that voters opt to avoid the mail system altogether and cast provisional ballots in person .
Such an outcome would defeat the purpose of the vote-by-mail election and needlessly force voters and poll workers into close proximity.
” Shipp further @ @ @ @ @ @ @ minute decision could have , given the current state of affairs .
“ If the Court were to enter an injunction , Defendants would face additional logistical challenges in conducting a predominantly by-mail election during a pandemic , ” Shipp said .
“ This choice brings its own logistical challenge : timely canvassing many times the usual number of mail-in ballots.
” Because of this , Shipp said that New Jersey is likely to suffer more harm from an injunction than the plaintiffs .
“ Despite unprecedented conditions , New Jersey is committed @ @ @ @ @ @ @ November , ” Grewal said in a statement .
“ We ’ re grateful that today a federal court recognized what we ’ ve said all along : New Jersey ’ s approach to this year ’ s election is lawful , and any arguments trying to undermine our election are simply misguided .
We will continue to defend New Jersey ’ s elections rules against any court challenge.
” New Jersey operated with a mostly mail-in election in May and July , but on Monday nearly 7,000 New Jersey voters received mail-in @ @ @ @ @ @ @

A New Jersey federal court Tuesday rejected the Trump campaign's attempt to stop the state from canvassing mail-in ballots early and counting such ballots if they are received within two days of Election Day, even if they are missing a postmark.
(CN) — A New Jersey federal court Tuesday rejected the Trump campaign's attempt to stop the state from canvassing mail-in ballots early and counting such ballots if they are received within two days of Election Day, even if they are missing a postmark.
U.S. District Judge Michael Shipp refused to grant a preliminary injunction Tuesday, finding that the plaintiffs — the campaign, the Republican National Committee and the New Jersey Republican State Committee — are unlikely to succeed on the merits of their claims that states must canvass ballots only on Election Day.
“Federal law establishing a national uniform election day does not prevent New Jersey from canvassing ballots before Election Day so long as the election is not consummated and the results reported before the polls close on Election Day,” said Shipp.
“It is within New Jersey’s discretion to choose its methods of determining the timeliness of the ballots, so long as there is no appreciable risk of canvassing untimely ballots,” the judge added in his 31-page opinion.
The underlying suit, brought in August, is part of the Trump campaign’s continued push against mail-in voting. The suit alleged New Jersey’s system is susceptible to fraud.
Governor Phil Murphy signed the opposed system into law in August, allowing for election officials to start counting ballots 10 days before Election Day and to count ballots received within two days after the polls close, even if they are missing a postmark.
Judge Shipp, a Barack Obama appointee, was not convinced by the campaign's fraud allegations, instead finding its disapproval to be against the public’s interests, both in regards to the right to vote and the ongoing pandemic.
"Here the risk is not just voters remaining away from the polls but also voters traveling to the polls," Shipp said. "It is foreseeable that an injunction on the eve of the by-mail election could prompt such confusion or distrust that voters opt to avoid the mail system altogether and cast provisional ballots in person. Such an outcome would defeat the purpose of the vote-by-mail election and needlessly force voters and poll workers into close proximity."
Shipp further considered the stress and confusion this last minute decision could have, given the current state of affairs.
“If the Court were to enter an injunction, Defendants would face additional logistical challenges in conducting a predominantly by-mail election during a pandemic,” Shipp said. “This choice brings its own logistical challenge: timely canvassing many times the usual number of mail-in ballots.”
Because of this, Shipp said that New Jersey is likely to suffer more harm from an injunction than the plaintiffs.
New Jersey Attorney General Gurbir Grewal, a Democrat, praised the judge’s decision.
“Despite unprecedented conditions, New Jersey is committed to having fair and safe elections this November,” Grewal said in a statement. “We’re grateful that today a federal court recognized what we’ve said all along: New Jersey’s approach to this year’s election is lawful, and any arguments trying to undermine our election are simply misguided. We will continue to defend New Jersey’s elections rules against any court challenge.”
New Jersey operated with a mostly mail-in election in May and July, but on Monday nearly 7,000 New Jersey voters received mail-in ballots with the wrong congressional district.


courthousenews--2020-10-07--Facebook Bans QAnon Conspiracy Promoters From Its Platforms

( CN ) — In a major escalation of recent efforts to crack down on misinformation , Facebook announced Tuesday it will ban all groups related to QAnon , a baseless conspiracy theory that portrays President Donald Trump as a warrior battling a shadowy cabal of liberal “ deep state ” pedophiles .
“ Starting today , we will remove any Facebook Pages , Groups and Instagram accounts representing QAnon , even if they contain no violent content , ” the company said in an updated blog post Tuesday .
The company announced in August it would remove all Facebook @ @ @ @ @ @ @ with the baseless conspiracy theory if they discussed violence .
The Menlo Park-based tech giant also said it would impose restrictions to limit the reach of QAnon-related pages , groups and accounts .
The new Facebook policy goes further in not only removing content and accounts that promote violence , but also those that spread QAnon-related misinformation .
QAnon is an umbrella term describing a wide-ranging series of internet conspiracy theories that falsely claim the world is run by a group of devil-worshiping pedophiles who operate a global sex-trafficking ring and are actively @ @ @ @ @ @ @ as a fringe phenomenon , a torrent of QAnon-related groups and posts have inundated social media platforms in recent months , often promoting false claims about the Covid-19 pandemic , Black Lives Matters protests and the election .
The movement has leaked into the mainstream with several Republican candidates for Congress supporting the groundless conspiracy theory , including Marjorie Taylor Greene who is running for Georgia ’ s 14th congressional district .
QAnon has also been linked to real-world acts of violence , including one case in which a QAnon supporter was accused @ @ @ @ @ @ @ York last year .
Another QAnon supporter from Illinois livestreamed her trip to New York with more than a dozen illegal knives while threatening to kill former Vice President Joe Biden .
A leaked FBI bulletin from May 2019 warned that QAnon poses a domestic terror threat .
Facebook said Tuesday it is changing its strategy to adapt to the way the QAnon groups ’ messages change rapidly .
The social network has identified cases in which networks of QAnon supporters build an audience with one message then quickly pivot to more misleading @ @ @ @ @ @ @ ’ ve removed QAnon content that celebrates and supports violence , we ’ ve seen other QAnon content tied to different forms of real world harm , including recent claims that the west coast wildfires were started by certain groups , which diverted attention of local officials from fighting the fires and protecting the public , ” Facebook wrote in its blog post Tuesday .
Facebook said it is also working with external experts to address the way QAnon supporters use the issue of child safety to recruit and organize .
“ We @ @ @ @ @ @ @ QAnon adherents are increasingly using the issue of child safety and hashtags like # savethechildren to recruit and organize , ” Facebook said in a previous update .
After identifying QAnon supporters ’ use of a # savethechildren hashtag last week , Facebook said it would start directing people to “ credible child safety resources ” when they search for certain child safety-related hashtags .
Last week , the company said it would also ban all ads that praise , support or represent QAnon and “ militarized movements.
” “ We expect renewed @ @ @ @ @ @ @ in behavior and content shared on our platform , so we will continue to study the impact of our efforts and be ready to update our policy and enforcement as necessary , ” Facebook said Tuesday .
QAnon content has also proliferated on YouTube and Twitter .
Like Facebook , Twitter and YouTube have vowed to remove misleading content about elections , but neither YouTube nor Twitter have specifically pledged to ban QAnon-related false claims.Last month , Twitter said it would beef up efforts to limit the reach of “ coordinated harmful activity @ @ @ @ @ @ @ other conspiracy theories .

In a major escalation of recent efforts to crack down on misinformation, Facebook announced Tuesday it will ban all groups related to QAnon, a baseless conspiracy theory that portrays President Donald Trump as a warrior battling a shadowy cabal of liberal “deep state” pedophiles.
(CN) — In a major escalation of recent efforts to crack down on misinformation, Facebook announced Tuesday it will ban all groups related to QAnon, a baseless conspiracy theory that portrays President Donald Trump as a warrior battling a shadowy cabal of liberal “deep state” pedophiles.
“Starting today, we will remove any Facebook Pages, Groups and Instagram accounts representing QAnon, even if they contain no violent content,” the company said in an updated blog post Tuesday.
The company announced in August it would remove all Facebook pages, groups and Instagram accounts associated with the baseless conspiracy theory if they discussed violence. The Menlo Park-based tech giant also said it would impose restrictions to limit the reach of QAnon-related pages, groups and accounts.
The new Facebook policy goes further in not only removing content and accounts that promote violence, but also those that spread QAnon-related misinformation.
QAnon is an umbrella term describing a wide-ranging series of internet conspiracy theories that falsely claim the world is run by a group of devil-worshiping pedophiles who operate a global sex-trafficking ring and are actively scheming to undermine Trump.
Once dismissed as a fringe phenomenon, a torrent of QAnon-related groups and posts have inundated social media platforms in recent months, often promoting false claims about the Covid-19 pandemic, Black Lives Matters protests and the election.
The movement has leaked into the mainstream with several Republican candidates for Congress supporting the groundless conspiracy theory, including Marjorie Taylor Greene who is running for Georgia’s 14th congressional district.
QAnon has also been linked to real-world acts of violence, including one case in which a QAnon supporter was accused of murdering a mafia boss in New York last year.
Another QAnon supporter from Illinois livestreamed her trip to New York with more than a dozen illegal knives while threatening to kill former Vice President Joe Biden.
A leaked FBI bulletin from May 2019 warned that QAnon poses a domestic terror threat.
Facebook said Tuesday it is changing its strategy to adapt to the way the QAnon groups’ messages change rapidly. The social network has identified cases in which networks of QAnon supporters build an audience with one message then quickly pivot to more misleading and pernicious content.
“While we’ve removed QAnon content that celebrates and supports violence, we’ve seen other QAnon content tied to different forms of real world harm, including recent claims that the west coast wildfires were started by certain groups, which diverted attention of local officials from fighting the fires and protecting the public,” Facebook wrote in its blog post Tuesday.
Facebook said it is also working with external experts to address the way QAnon supporters use the issue of child safety to recruit and organize.
“We are taking steps to address evidence that QAnon adherents are increasingly using the issue of child safety and hashtags like #savethechildren to recruit and organize,” Facebook said in a previous update.
After identifying QAnon supporters’ use of a #savethechildren hashtag last week, Facebook said it would start directing people to “credible child safety resources” when they search for certain child safety-related hashtags.
Last week, the company said it would also ban all ads that praise, support or represent QAnon and “militarized movements.”
“We expect renewed attempts to evade our detection, both in behavior and content shared on our platform, so we will continue to study the impact of our efforts and be ready to update our policy and enforcement as necessary,” Facebook said Tuesday.
QAnon content has also proliferated on YouTube and Twitter.
Like Facebook, Twitter and YouTube have vowed to remove misleading content about elections, but neither YouTube nor Twitter have specifically pledged to ban QAnon-related false claims.Last month, Twitter said it would beef up efforts to limit the reach of “coordinated harmful activity” without mentioning the QAnon movement or other conspiracy theories.


courthousenews--2020-10-08--Biden Leads Trump in Two Decisive Battleground States, Polls Show

( CN ) — New polling released Wednesday shows Joe Biden continues to put the pressure on President Donald Trump in crucial battleground states as the president remains sidelined from the coronavirus .
The polls , conducted by The New York Times/Siena College , were taken after Trump announced he tested positive for Covid-19 but before he returned to the White House from the Walter Reed Medical Center for treatment .
In Nevada , where Democratic candidate Hillary Clinton won by two percentage points in 2016 , Biden leads Trump 48 % to 42 % .
Biden remains in a @ @ @ @ @ @ @ , holding a slim one point advantage over the incumbent , well within the poll ’ s margin of error .
President Trump won the Buckeye State in 2016 by about eight percentage points , but the pandemic continues to influence the minds and lives of voters .
Six percent of Nevada voters and 7 % of Ohio voters remain undecided .
The margin of error for the polls was plus or minus 4.3 percentage points .
Trump ’ s handling of the pandemic has had an impact on voters .
About 20 @ @ @ @ @ @ @ and Ohio admitted the president did not take adequate precautions to protect himself from Covid-19 .
In Nevada , voters trust Biden to confront the pandemic better by a 10-point margin and by an 8-point difference in Ohio .
Among all voters , 62 % from Nevada and 58 % from Ohio said President Trump failed to take the necessary measures to protect himself from the coronavirus .
But one-third of those polled from each state maintained he did what he could .
Some of those Trump supporters polled , 37 % in @ @ @ @ @ @ @ conceded his large rallies where people congregated closely without masks were not the best idea in the Covid era .
When voters were asked how a candidate should campaign in the age of Covid-19 , 20 % of Ohio voters and 28 % of Nevadans said it would be fine to appear in person before large crowds .
A decisive 65 % of Ohioans and 58 % of Nevada voters said candidates should campaign only in front of reduced groups that practice social distancing .
Reflecting the stance projected from the president that @ @ @ @ @ @ @ quickly , Trump supporters still have faith their leader will get better soon .
Republicans , by a margin of 79-10 % in Ohio , and 84-10 % in Nevada , are convinced he will rapidly recover from the virus that has killed more than 211,000 and infected more than 7.5 million Americans since March .
Biden is attracting a lot of support from those in 2016 who cast ballots for third-party candidates or who simply did not vote .
In Ohio , 51 % of third-party voters are backing the former vice @ @ @ @ @ @ @ President Trump .
Biden has the support of Nevada third-party voters by a 19-point margin , 45 % to 26 % .
Biden is doing well with women voters overall where he holds an 11-point edge in Ohio and a 14-point advantage in Nevada .
Suburban voters from both states are flocking to him by a wide margin .
He leads Trump by 22 points in Ohio and 32 points in Nevada .

New polling released Wednesday shows Joe Biden continues to put the pressure on President Donald Trump in crucial battleground states as the president remains sidelined from the coronavirus.
(CN) — New polling released Wednesday shows Joe Biden continues to put the pressure on President Donald Trump in crucial battleground states as the president remains sidelined from the coronavirus.
The polls, conducted by The New York Times/Siena College, were taken after Trump announced he tested positive for Covid-19 but before he returned to the White House from the Walter Reed Medical Center for treatment.
In Nevada, where Democratic candidate Hillary Clinton won by two percentage points in 2016, Biden leads Trump 48% to 42%. Biden remains in a fierce fight with the president in Ohio, holding a slim one point advantage over the incumbent, well within the poll’s margin of error.
President Trump won the Buckeye State in 2016 by about eight percentage points, but the pandemic continues to influence the minds and lives of voters. Six percent of Nevada voters and 7% of Ohio voters remain undecided. The margin of error for the polls was plus or minus 4.3 percentage points.
Trump’s handling of the pandemic has had an impact on voters. About 20% of Trump supporters from both Nevada and Ohio admitted the president did not take adequate precautions to protect himself from Covid-19. In Nevada, voters trust Biden to confront the pandemic better by a 10-point margin and by an 8-point difference in Ohio.
Robert Alexander, professor of political science at Ohio Northern University, thinks Trump is not confronting reality.
“President Trump has not forcefully argued for mask wearing and his rallies have not adhered to the social distancing guidelines suggested by the CDC. Yet, polls consistently show that more than 7 in 10 Americans report supporting mask mandates in these unprecedented times,” he wrote in an email.
Among all voters, 62% from Nevada and 58% from Ohio said President Trump failed to take the necessary measures to protect himself from the coronavirus. But one-third of those polled from each state maintained he did what he could.
Some of those Trump supporters polled, 37% in Ohio and 22% in Nevada, conceded his large rallies where people congregated closely without masks were not the best idea in the Covid era.
When voters were asked how a candidate should campaign in the age of Covid-19, 20% of Ohio voters and 28% of Nevadans said it would be fine to appear in person before large crowds.
A decisive 65% of Ohioans and 58% of Nevada voters said candidates should campaign only in front of reduced groups that practice social distancing.
Alexander believes that Trump downplaying the virus has caused an erosion of support.
“It is difficult to square the president telling Americans to not let coronavirus dominate our lives when in fact, signs of the pandemic are everywhere,” the professor said. “This can be seen in many ways, from disruptions in schools, in sports--from little league to the professional ranks--with great economic uncertainty, and of course with our public health. Most all Americans know someone who has been affected by the toll of Covid-19.”
Reflecting the stance projected from the president that he would bounce back from his illness quickly, Trump supporters still have faith their leader will get better soon.
Republicans, by a margin of 79-10% in Ohio, and 84-10% in Nevada, are convinced he will rapidly recover from the virus that has killed more than 211,000 and infected more than 7.5 million Americans since March.
Alexander said that is a sign of the times.
“Partisanship is an awfully strong filter these days,” he said. “One's partisanship is really dictating how they are viewing most all events in the public sphere. Democrats and Republicans look at the same event and see very different things.”
Biden is attracting a lot of support from those in 2016 who cast ballots for third-party candidates or who simply did not vote.
In Ohio, 51% of third-party voters are backing the former vice president, compared to 16% for President Trump. Biden has the support of Nevada third-party voters by a 19-point margin, 45% to 26%.
Biden is doing well with women voters overall where he holds an 11-point edge in Ohio and a 14-point advantage in Nevada. Suburban voters from both states are flocking to him by a wide margin. He leads Trump by 22 points in Ohio and 32 points in Nevada.
Alexander said the writing is on the wall.
“President Trump's numbers have been particularly poor among women and older voters,” the professor said. “You also see that far fewer Americans are considering voting third party compared to 2016. It would take quite a turnaround for Trump to earn a second term.”


courthousenews--2020-10-08--Facebook Bans Post-Election Political Ads

( CN ) — Facebook announced Wednesday it will ban political ads on its platform after the polls close on Election Day , a move that signals it does not want to be used as a tool by politicians casting doubt or sowing confusion about election results .
“ While ads are an important way to express voice , we plan to temporarily stop running all social issue , electoral or political ads in the US after the polls close on Nov. 3 , to reduce opportunities for confusion or abuse , ” said Guy Rosen , Facebook ’ s @ @ @ @ @ @ @ blog post Wednesday .
The plan to cease political ads after polls close to prevent candidates from sowing doubt on the integrity of the election is notable since Facebook has diverged from other social media platforms in refusing to ban political ads .
Last year , Facebook ’ s vice president of communications Nick Clegg said the company would not be in the business of policing political communications by candidates , advocates and activists .
The company also said its platform is vital for unknown candidates to organize and disseminate their messages to @ @ @ @ @ @ @ would hurt the democratic process .
But the company appears to be eager to avert the type of damaging fallout that emerged in the wake of the 2016 presidential election , when Facebook was accused of abetting Russian disinformation campaigns aimed at undermining the integrity of U.S. elections .
Along with banning political ads after the polls close , the company said it would take down posts that encouraged a militarized approach to watching the polls .
Using words like “ army ” or “ battle ” as it relates to observing polls @ @ @ @ @ @ @ according to Facebook ’ s vice president of content policy Monika Bickert .
That new policy comes as President Donald Trump has refused to commit to a peaceful transfer of power , repeatedly cast aspersions on mail-in voting and encouraging his supporters to show up to polling places and watch for potential voter fraud .
His son , Donald Trump Jr. , posted a video to several social media platforms including Facebook , in which he encouraged Trump supporters to enlist in an “ army of Trump election security.
” Had the video @ @ @ @ @ @ @ it would have been removed , Bickert said .
Facebook also previewed how it would handle determining who won elections during a process in which the vast number of mail-in ballots due to concerns about voting in person amid a pandemic is likely to make calling the election on Nov. 3 impossible .
“ If a candidate or party declares premature victory before a race is called by major media outlets , we will add more specific information in the notifications that counting is still in progress and no winner has been determined @ @ @ @ @ @ @ Mark Zuckerberg told lawmakers this year that his company has spent billions of dollars on setting up internal operations aimed at identifying attempted election interference or fraudulent statements .
The company said Wednesday it remains committed to policing its platform .
“ We also continue to coordinate with state attorneys general and other federal , state , and local law enforcement officials responsible for election protection , ” Rosen said .
“ When they identify potential voter interference , we investigate and take action if warranted , and have established strong channels of @ @ @ @ @ @ @ ” Critics continue to maintain Facebook hasn ’ t done enough and lags behind its competitors .
Twitter CEO Jack Dorsey committed to banning all political ads earlier this year .
“ We believe political message reach should be earned , not bought , ” Dorsey said at the time .
Google also moved last month to ban political ads for at least a week after the polls close , meaning Facebook is one of the last platforms to commit to the policy .
Also , it is 27 days until the election @ @ @ @ @ @ @ ballots .

Facebook announced Wednesday it will ban political ads on its platform after the polls close on Election Day, a move that signals it does not want to be used as a tool by politicians casting doubt or sowing confusion about election results.
(CN) — Facebook announced Wednesday it will ban political ads on its platform after the polls close on Election Day, a move that signals it does not want to be used as a tool by politicians casting doubt or sowing confusion about election results.
“While ads are an important way to express voice, we plan to temporarily stop running all social issue, electoral or political ads in the US after the polls close on Nov. 3, to reduce opportunities for confusion or abuse,” said Guy Rosen, Facebook’s vice president for integrity, in a blog post Wednesday.
The plan to cease political ads after polls close to prevent candidates from sowing doubt on the integrity of the election is notable since Facebook has diverged from other social media platforms in refusing to ban political ads.
Last year, Facebook’s vice president of communications Nick Clegg said the company would not be in the business of policing political communications by candidates, advocates and activists. The company also said its platform is vital for unknown candidates to organize and disseminate their messages to a broader audience and banning political ads would hurt the democratic process.
But the company appears to be eager to avert the type of damaging fallout that emerged in the wake of the 2016 presidential election, when Facebook was accused of abetting Russian disinformation campaigns aimed at undermining the integrity of U.S. elections.
Along with banning political ads after the polls close, the company said it would take down posts that encouraged a militarized approach to watching the polls. Using words like “army” or “battle” as it relates to observing polls on Election Day will be removed, according to Facebook’s vice president of content policy Monika Bickert.
That new policy comes as President Donald Trump has refused to commit to a peaceful transfer of power, repeatedly cast aspersions on mail-in voting and encouraging his supporters to show up to polling places and watch for potential voter fraud.
His son, Donald Trump Jr., posted a video to several social media platforms including Facebook, in which he encouraged Trump supporters to enlist in an “army of Trump election security.”
Had the video been posted under the new protocols, it would have been removed, Bickert said.
Facebook also previewed how it would handle determining who won elections during a process in which the vast number of mail-in ballots due to concerns about voting in person amid a pandemic is likely to make calling the election on Nov. 3 impossible.
“If a candidate or party declares premature victory before a race is called by major media outlets, we will add more specific information in the notifications that counting is still in progress and no winner has been determined,” Rosen said.
Facebook CEO Mark Zuckerberg told lawmakers this year that his company has spent billions of dollars on setting up internal operations aimed at identifying attempted election interference or fraudulent statements.
The company said Wednesday it remains committed to policing its platform.
“We also continue to coordinate with state attorneys general and other federal, state, and local law enforcement officials responsible for election protection,” Rosen said. “When they identify potential voter interference, we investigate and take action if warranted, and have established strong channels of communication to respond to any election-related threats.”
Critics continue to maintain Facebook hasn’t done enough and lags behind its competitors.
Twitter CEO Jack Dorsey committed to banning all political ads earlier this year.
“We believe political message reach should be earned, not bought,” Dorsey said at the time.
Google also moved last month to ban political ads for at least a week after the polls close, meaning Facebook is one of the last platforms to commit to the policy.
Also, it is 27 days until the election and many voters have already submitted their ballots.


courthousenews--2020-10-07--Federal Judge Skeptical of DC’s Religious Restrictions for Covid

WASHINGTON ( CN ) — Capitol Hill Baptist Church , an 850-member evangelical congregation , accused the District of Columbia of disparate First Amendment treatment of worship services and anti-racism protests , challenging the city ’ s ban on indoor and outdoor religious gatherings of more than 100 people due to Covid-19 .
The complaint filed last month was the first legal battle brought by a religious organization in the nation ’ s capital over pandemic restrictions .
The church challenged the worship gathering limitations generally , while also seeking an emergency order allowing its full congregation to meet outdoors @ @ @ @ @ @ @ neighboring Virginia and Maryland are pending .
A federal judge struck down a New York limitation on religious gatherings in June , writing the city ’ s leaders rather than discourage protests “ sent a clear message that mass protests are deserving of preferential treatment.
” The Trump administration stepped in last week as an interested party in the case , writing that “ local government has significant discretion to decide what measures to adopt to meet a public health threat , ” but must treat religious gatherings the same as comparable secular @ @ @ @ @ @ @ Mayor Muriel Bowser argued Wednesday that the city , relying on science and data , has adopted “ narrowly tailored ” policies that actually allow for more relaxed restrictions for worship services .
While secular events are still limited to 50 people or less , members of a religious body can gather indoors and outdoors up to 100 people under Bowser ’ s order .
Attorney Matthew Martens , representing the church , said the congregation was hesitant to bring the lawsuit , being “ deeply committed Christians ” whose desire is to @ @ @ @ @ @ @ But the members have grown exacerbated by the city ’ s “ seemingly more random and more draconian ” Covid-19 measures , the attorney added .
Martens argued the city recently allowed an event to be held at John F. Kennedy Center for the Performing Arts with over 360 people on the roof .
Bowser ’ s attorney Conrad Risher on rebuttal said the event actually was never held because of a misunderstanding among organizers .
But U.S. District Judge Trevor McFadden pressed the city on the limits of its ban on First @ @ @ @ @ @ @ said it appeared as though Bowser planned to maintain the limitations on worship gatherings until a Covid-19 vaccine was widely available , noting that the church may still be restricted as to how it can worship into summer 2021 .
He also questioned how large-scale protests carry fewer risks than a church service .
The city , notably , argued it had no control over demonstrations held on federal land , such as the National Mall and Lafayette Park .
Referring to a video of Bowser at an anti-racism protest in June cited @ @ @ @ @ @ @ : “ You certainly can not tell me that the protesters were socially distanced .
There were hundreds , if not thousands of people all crammed together.
” When Risher said that “ the singing is a particular concern ” at workshop gatherings , as well as members who are eager to see one another not adhering to social distancing , the judge said people are yelling and chanting at protests , asking where the difference lies .
The city attorney repeatedly said Bowser and her advisers are relying on “ science and @ @ @ @ @ @ @ the church , demanded the judge hold an evidentiary hearing , claiming the government had provided no evidence .
“ The district understands that all of us are tired of this , ” Risher admitted near the end of the more than two-hour hearing .
But the city ’ s attorney argued Capitol Hill Baptist Church had not proved irreparable harm — the threshold to be granted a preliminary injunction — and said the increased number of Covid-19 cases in Virginia and Maryland where worship restrictions are less strict is evidence that the @ @ @ @ @ @ @ is no injury more irreparable than death , ” Risher said , arguing the looser restrictions the D.C. church is seeking could cost lives .

Capitol Hill Baptist Church, an 850-member evangelical congregation, accused the District of Columbia of disparate First Amendment treatment of worship services and anti-racism protests, challenging the city’s ban on indoor and outdoor religious gatherings of more than 100 people due to Covid-19.
WASHINGTON (CN) — Capitol Hill Baptist Church, an 850-member evangelical congregation, accused the District of Columbia of disparate First Amendment treatment of worship services and anti-racism protests, challenging the city’s ban on indoor and outdoor religious gatherings of more than 100 people due to Covid-19.
The complaint filed last month was the first legal battle brought by a religious organization in the nation’s capital over pandemic restrictions. The church challenged the worship gathering limitations generally, while also seeking an emergency order allowing its full congregation to meet outdoors.
Final rulings in similar lawsuits in neighboring Virginia and Maryland are pending. A federal judge struck down a New York limitation on religious gatherings in June, writing the city’s leaders rather than discourage protests “sent a clear message that mass protests are deserving of preferential treatment.”
The Trump administration stepped in last week as an interested party in the case, writing that “local government has significant discretion to decide what measures to adopt to meet a public health threat,” but must treat religious gatherings the same as comparable secular events.
But an attorney for D.C. Mayor Muriel Bowser argued Wednesday that the city, relying on science and data, has adopted “narrowly tailored” policies that actually allow for more relaxed restrictions for worship services.
While secular events are still limited to 50 people or less, members of a religious body can gather indoors and outdoors up to 100 people under Bowser’s order.
Attorney Matthew Martens, representing the church, said the congregation was hesitant to bring the lawsuit, being “deeply committed Christians” whose desire is to live “quiet and peaceable lives.”
But the members have grown exacerbated by the city’s “seemingly more random and more draconian” Covid-19 measures, the attorney added.
Martens argued the city recently allowed an event to be held at John F. Kennedy Center for the Performing Arts with over 360 people on the roof.
Bowser’s attorney Conrad Risher on rebuttal said the event actually was never held because of a misunderstanding among organizers.
But U.S. District Judge Trevor McFadden pressed the city on the limits of its ban on First Amendment protected gatherings.
The Trump appointee said it appeared as though Bowser planned to maintain the limitations on worship gatherings until a Covid-19 vaccine was widely available, noting that the church may still be restricted as to how it can worship into summer 2021.
He also questioned how large-scale protests carry fewer risks than a church service. The city, notably, argued it had no control over demonstrations held on federal land, such as the National Mall and Lafayette Park.
Referring to a video of Bowser at an anti-racism protest in June cited by the plaintiffs, the judge said: “You certainly cannot tell me that the protesters were socially distanced. There were hundreds, if not thousands of people all crammed together.”
When Risher said that “the singing is a particular concern” at workshop gatherings, as well as members who are eager to see one another not adhering to social distancing, the judge said people are yelling and chanting at protests, asking where the difference lies.
The city attorney repeatedly said Bowser and her advisers are relying on “science and data,” but Martens, representing the church, demanded the judge hold an evidentiary hearing, claiming the government had provided no evidence.
“The district understands that all of us are tired of this,” Risher admitted near the end of the more than two-hour hearing.
But the city’s attorney argued Capitol Hill Baptist Church had not proved irreparable harm — the threshold to be granted a preliminary injunction — and said the increased number of Covid-19 cases in Virginia and Maryland where worship restrictions are less strict is evidence that the D.C. rules are working.
“There is no injury more irreparable than death,” Risher said, arguing the looser restrictions the D.C. church is seeking could cost lives.


courthousenews--2020-10-07--Missouri Secretary of State Faces Lawsuit From State Auditor

JEFFERSON CITY , Mo .
— Missouri Secretary of State John “ Jay ” Ashcroft pushed back Wednesday on allegations by Democratic state Auditor Nicole Galloway that an investigation launched by his office is politically motivated .
Galloway is currently in a heated race against Republican Gov .
Mike Parson for the state ’ s top seat .
With the election less than 30 days away , Galloway claims in a lawsuit filed late Tuesday night in Cole County Circuit Court that Ashcroft ’ s office lacks the legal authority to issue a subpoena for documents relating to a probe @ @ @ @ @ @ @ less than 30 days before a major election , the Secretary of State is commencing an entirely unlawful investigation against another statewide elected official based upon a fatally flawed complaint from a dark money organization , ” the complaint states .
But Ashcroft denies any such motivation .
In a statement on his website , Ashcroft said the investigation is similar to the one his office launched against then Republican Attorney General Josh Hawley , who is now a U.S .
Senator .
Ashcroft added that Galloway helped with that investigation .
“ @ @ @ @ @ @ @ investigations , but since Auditor Galloway has chosen to make this a legal and political fight , rather than simply complying with the Sunshine law , we felt the need to respond to this matter , ” Ashcroft said in a statement .
He continued , “ Our office made a very narrowly-tailored request for documents to the Auditor ’ s office – any emails or documents related specifically to an op-ed submitted to the St. Louis Post-Dispatch – in order to allow us to come to a quick resolution .
“ Instead @ @ @ @ @ @ @ the Sunshine law ( as held in Gross v. Parson ) by stating it would take them at least 30 days to provide our office the documents since our request was so large .
Because the Auditor ’ s office failed to comply with the Sunshine law , our office issued a subpoena for the emails .
So far her office has not cooperated , and instead has decided to fight the subpoena.
” Galloway seeks a judge ’ s order quashing the subpoena and an order blocking Ashcroft ’ s office from @ @ @ @ @ @ @ of authority .
Galloway spokesman Scott Holste claims the subpoena was invalid in an emailed statement .
“ The Secretary of State ’ s Office sent a Sunshine Law request to the State Auditor ’ s Office last week , ” Holste said in the statement .
“ Rather than wait for the response that we indicated would be forthcoming , the Secretary of State has decided to inject partisan politics into his request a few weeks before an election .
Not only does the Secretary lack the legal authority to issue such @ @ @ @ @ @ @ with errors , including misspelling the Auditor ’ s name and asking for documents with a response deadline more than six weeks in the past.
” Holste noted that Galloway ’ s office has already produced more than 138,000 pages of documents related to this matter .
Liberty Alliance USA submitted the complaint , claiming that an op-ed piece by Galloway that appeared in the St. Louis Post-Dispatch submitted by Galloway on May 31 , 2019 criticizing abortion legislation passed by state lawmakers and signed into law by Parson , was submitted to @ @ @ @ @ @ @ press aides , violating state law barring the use of taxpayer dollars for campaign purposes .
Ashcroft ’ s office agreed to launch an investigation over Liberty Alliance ’ s claims .
Galloway said there is no law prohibiting her as a state official from speaking out on a variety of topics .
“ Like other statewide officials , the State Auditor frequently states her opinion on matters important to the state and its citizens , ” the complaint states .
“ The Auditor is consistently transparent and has frequently stated her position @ @ @ @ @ @ @ for more robust parental leave , dark money ’ s corrupting influence in Jefferson City , the need to ban self-deleting apps in conducting public business , wasting taxpayer money through corporate giveaways to big businesses , and the questionable practice of state government awarding no-bid contracts.
” Galloway , in her complaint , argues that the bill was never a ballot measure and was published more than two months before her candidacy for governor , meaning there was no way it advocated or supported her campaign .
The complaint notes that Liberty @ @ @ @ @ @ @ complaint to Ashcroft ’ s office .
It was dated Sept. 8 .
2020 , less than two months before the election .
Ashcroft , as mentioned in his statement , launched a similar investigation into Hawley in 2018 after a Democratic group claimed he used public resources to aid in his campaign for U.S. Senate .
Ashcroft later claimed his investigation was hindered due to his lack of subpoena power , the Post-Dispatch reported .
State lawmakers in response approved a law giving Ashcroft ’ s office subpoena power to gain access @ @ @ @ @ @ @ Galloway claims that law doesn ’ t apply to statewide elected officials based on a letter from Ashcroft to Hawley in 2018 .
“ This letter states unequivocally that a statewide office holder , such as the Attorney General or the Auditor , is not a political subdivision , ” the complaint states .
“ As such , an allegation against a statewide official under section 115.646 does not allege a plausible violation .
”

Republican Secretary of State John Ashcroft pushed back Wednesday on allegations by Democratic state Auditor Nicole Galloway that an investigation launched by his office is politically motivated.
JEFFERSON CITY, Mo. — Missouri Secretary of State John "Jay" Ashcroft pushed back Wednesday on allegations by Democratic state Auditor Nicole Galloway that an investigation launched by his office is politically motivated.
Galloway is currently in a heated race against Republican Gov. Mike Parson for the state’s top seat. With the election less than 30 days away, Galloway claims in a lawsuit filed late Tuesday night in Cole County Circuit Court that Ashcroft’s office lacks the legal authority to issue a subpoena for documents relating to a probe involving campaign finance violations.
“In less than 30 days before a major election, the Secretary of State is commencing an entirely unlawful investigation against another statewide elected official based upon a fatally flawed complaint from a dark money organization,” the complaint states.
But Ashcroft denies any such motivation. In a statement on his website, Ashcroft said the investigation is similar to the one his office launched against then Republican Attorney General Josh Hawley, who is now a U.S. Senator.
Ashcroft added that Galloway helped with that investigation.
“Our office does not comment on ongoing investigations, but since Auditor Galloway has chosen to make this a legal and political fight, rather than simply complying with the Sunshine law, we felt the need to respond to this matter,” Ashcroft said in a statement.
He continued, “Our office made a very narrowly-tailored request for documents to the Auditor’s office – any emails or documents related specifically to an op-ed submitted to the St. Louis Post-Dispatch – in order to allow us to come to a quick resolution.
“Instead, her office failed to comply with the Sunshine law (as held in Gross v. Parson) by stating it would take them at least 30 days to provide our office the documents since our request was so large. Because the Auditor’s office failed to comply with the Sunshine law, our office issued a subpoena for the emails. So far her office has not cooperated, and instead has decided to fight the subpoena.”
Galloway seeks a judge’s order quashing the subpoena and an order blocking Ashcroft’s office from proceeding with the investigation due to lack of authority.
Galloway spokesman Scott Holste claims the subpoena was invalid in an emailed statement.
“The Secretary of State's Office sent a Sunshine Law request to the State Auditor's Office last week,” Holste said in the statement. “Rather than wait for the response that we indicated would be forthcoming, the Secretary of State has decided to inject partisan politics into his request a few weeks before an election. Not only does the Secretary lack the legal authority to issue such a subpoena, the demand was riddled with errors, including misspelling the Auditor's name and asking for documents with a response deadline more than six weeks in the past.”
Holste noted that Galloway’s office has already produced more than 138,000 pages of documents related to this matter.
Liberty Alliance USA submitted the complaint, claiming that an op-ed piece by Galloway that appeared in the St. Louis Post-Dispatch submitted by Galloway on May 31, 2019 criticizing abortion legislation passed by state lawmakers and signed into law by Parson, was submitted to the newspaper by one of her state-paid press aides, violating state law barring the use of taxpayer dollars for campaign purposes.
Ashcroft’s office agreed to launch an investigation over Liberty Alliance’s claims.
Galloway said there is no law prohibiting her as a state official from speaking out on a variety of topics.
“Like other statewide officials, the State Auditor frequently states her opinion on matters important to the state and its citizens,” the complaint states. “The Auditor is consistently transparent and has frequently stated her position on matters impacting Missourians including the need for more robust parental leave, dark money’s corrupting influence in Jefferson City, the need to ban self-deleting apps in conducting public business, wasting taxpayer money through corporate giveaways to big businesses, and the questionable practice of state government awarding no-bid contracts.”
Galloway, in her complaint, argues that the bill was never a ballot measure and was published more than two months before her candidacy for governor, meaning there was no way it advocated or supported her campaign.
The complaint notes that Liberty Alliance waited 442 days to submit its complaint to Ashcroft’s office. It was dated Sept. 8. 2020, less than two months before the election.
Ashcroft, as mentioned in his statement, launched a similar investigation into Hawley in 2018 after a Democratic group claimed he used public resources to aid in his campaign for U.S. Senate.
Ashcroft later claimed his investigation was hindered due to his lack of subpoena power, the Post-Dispatch reported. State lawmakers in response approved a law giving Ashcroft’s office subpoena power to gain access to documents.
In her complaint, Galloway claims that law doesn’t apply to statewide elected officials based on a letter from Ashcroft to Hawley in 2018.
“This letter states unequivocally that a statewide office holder, such as the Attorney General or the Auditor, is not a political subdivision,” the complaint states.
“As such, an allegation against a statewide official under section 115.646 does not allege a plausible violation.”


courthousenews--2020-10-07--San Francisco Sued Over Use of Video Surveillance on Protesters

SAN FRANCISCO ( CN ) — Activists claim in a new lawsuit that the San Francisco Police Department violated a local ordinance by tapping into a network of 400 private surveillance cameras to spy on Black Lives Matter protesters this year .
The police department received real-time access to a camera network operated by the Union Square Business Improvement District , a private business association , during racial justice protests in late May and early June , according to records obtained by the Electronic Frontier Foundation .
“ This surveillance invaded protesters ’ privacy and chilled them from organizing or @ @ @ @ @ @ @ attorney Matt Cagle of the ACLU of Northern California in a video statement Wednesday .
Lead plaintiff Hope Williams , a 30-year-old racial justice activist and San Francisco resident , claims the police department ’ s actions violated the city ’ s surveillance technology law passed in 2019 , which requires the police to seek approval from Board of Supervisors before acquiring or using surveillance technology .
“ I am a plaintiff in this lawsuit because I want to defend the rights of protesters and hold the police accountable for breaking the law @ @ @ @ @ @ @ statement Wednesday .
The police department maintains it used the technology legally because an exception in the law allows it to temporarily use surveillance technology when responding to “ exigent circumstances.
” To comply with the “ exigent circumstances ” provision , the department must stop using the technology within seven days or whenever the extenuating circumstances end , whichever is sooner .
It also requires the department to delete any data not relevant to an investigation and to submit a written report to the Board of Supervisors within 60 days .
In @ @ @ @ @ @ @ , Police Chief William “ Bill ” Scott said the department requested footage from the business district ’ s video cameras to investigate incidents of vandalism , looting and rioting that occurred during protests on May 31 .
The department also received access to a live feed for the cameras from May 31 to June 6 , allowing it to potentially monitor the area in case illegal activity continued there , according to the letter .
Scott said the department stopped using the technology within seven days and did not retain any irrelevant @ @ @ @ @ @ @ as required by the ordinance .
In a follow-up response to the board on Sept. 2 , Scott said seven police officers looked at camera footage provided to the department , and one officer accessed the remote link for the live camera feed , but only to test it in case monitoring became necessary .
“ SFPD Homeland Security Unit ( HSU ) requested access to the Union Sq .
BID cameras via a remote live access link on May 31 , 2020 , which was the day after the initial violence began @ @ @ @ @ @ @ remote link was requested by HSU to access only if the arson , violence and looting continued .
The criminal activity did not continue in the BID service area , subsequently HSU did not monitor any activity , including first amendment activities , through the remote live access link provided by the BID.
” Scott also revealed the department also requested access to the live feed on July 4 .
In their 10-page lawsuit , Williams and two other plaintiffs say the city ’ s use of surveillance technology on protesters does not @ @ @ @ @ @ @ exception for exigent circumstances , which is defined as “ an emergency involving imminent danger of death or serious physical injury to any person.
” “ There was no emergency involving imminent danger of death or serious physical injury to a person that required SFPD ’ s immediate use ” of the camera network , the plaintiffs say in their complaint .
The plaintiffs accuse the city of violating protesters ’ First Amendment rights and claims the risk of future access to surveillance technology “ makes them afraid to participate in future protests @ @ @ @ @ @ @ Amendment rights.
” They seek a court order forbidding the city from acquiring , borrowing or using a private camera network without prior approval by the Board of Supervisors .
Saira Hussain of the Electronic Frontier Foundation and Cagle of the ACLU of Northern California represent the plaintiffs .
The San Francisco Police Department and City Attorney ’ s Office would not comment on the lawsuit .
The City Attorney ’ s Office referred to the two letters Chief Scott wrote to the Board of Supervisors in August and September .

Activists claim in a new lawsuit that the San Francisco Police Department violated a local ordinance by tapping into a network of 400 private surveillance cameras to spy on Black Lives Matter protesters this year.
SAN FRANCISCO (CN) — Activists claim in a new lawsuit that the San Francisco Police Department violated a local ordinance by tapping into a network of 400 private surveillance cameras to spy on Black Lives Matter protesters this year.
The police department received real-time access to a camera network operated by the Union Square Business Improvement District, a private business association, during racial justice protests in late May and early June, according to records obtained by the Electronic Frontier Foundation.
“This surveillance invaded protesters’ privacy and chilled them from organizing or participating in future protests,” said attorney Matt Cagle of the ACLU of Northern California in a video statement Wednesday.
Lead plaintiff Hope Williams, a 30-year-old racial justice activist and San Francisco resident, claims the police department’s actions violated the city’s surveillance technology law passed in 2019, which requires the police to seek approval from Board of Supervisors before acquiring or using surveillance technology.
“I am a plaintiff in this lawsuit because I want to defend the rights of protesters and hold the police accountable for breaking the law,” Williams said in a video statement Wednesday.
The police department maintains it used the technology legally because an exception in the law allows it to temporarily use surveillance technology when responding to “exigent circumstances.”
To comply with the “exigent circumstances” provision, the department must stop using the technology within seven days or whenever the extenuating circumstances end, whichever is sooner. It also requires the department to delete any data not relevant to an investigation and to submit a written report to the Board of Supervisors within 60 days.
In an Aug. 5 letter to the board, Police Chief William “Bill” Scott said the department requested footage from the business district’s video cameras to investigate incidents of vandalism, looting and rioting that occurred during protests on May 31.
The department also received access to a live feed for the cameras from May 31 to June 6, allowing it to potentially monitor the area in case illegal activity continued there, according to the letter.
Scott said the department stopped using the technology within seven days and did not retain any irrelevant data or disclose data to third parties as required by the ordinance.
In a follow-up response to the board on Sept. 2, Scott said seven police officers looked at camera footage provided to the department, and one officer accessed the remote link for the live camera feed, but only to test it in case monitoring became necessary.
“SFPD Homeland Security Unit (HSU) requested access to the Union Sq. BID cameras via a remote live access link on May 31, 2020, which was the day after the initial violence began,” Scott wrote. “The remote link was requested by HSU to access only if the arson, violence and looting continued. The criminal activity did not continue in the BID service area, subsequently HSU did not monitor any activity, including first amendment activities, through the remote live access link provided by the BID.”
Scott also revealed the department also requested access to the live feed on July 4.
In their 10-page lawsuit, Williams and two other plaintiffs say the city’s use of surveillance technology on protesters does not qualify for the ordinance’s limited exception for exigent circumstances, which is defined as “an emergency involving imminent danger of death or serious physical injury to any person.”
“There was no emergency involving imminent danger of death or serious physical injury to a person that required SFPD’s immediate use” of the camera network, the plaintiffs say in their complaint.
The plaintiffs accuse the city of violating protesters’ First Amendment rights and claims the risk of future access to surveillance technology “makes them afraid to participate in future protests and chills the exercise of their First Amendment rights.”
They seek a court order forbidding the city from acquiring, borrowing or using a private camera network without prior approval by the Board of Supervisors.
Saira Hussain of the Electronic Frontier Foundation and Cagle of the ACLU of Northern California represent the plaintiffs.
The San Francisco Police Department and City Attorney’s Office would not comment on the lawsuit. The City Attorney’s Office referred to the two letters Chief Scott wrote to the Board of Supervisors in August and September.


courthousenews--2020-10-07--California Courts Covid Update

California Courts Covid Update

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Ventilators

BROOKLYN — Disability rights groups are seeking an order requiring New York Gov .
Cuomo and the state health commissioner @ @ @ @ @ s Ventilator Allocation Guidelines , which would allow hospitals to take sick people ’ s @ @ @ @ @ to Covid patients that a mechanical scoring system says have a better chance of survival @


courthousenews--2020-10-07--California Justices Take Up Extent of Voter-Backed Parole Expansion

SAN FRANCISCO ( CN ) — California ’ s highest court will soon decide whether Proposition 57 — an initiative passed by voters in 2016 that expanded parole to all inmates convicted of nonviolent felonies — should apply to a convicted rapist and child molester serving 35 years to life after repeatedly slashing his girlfriend with a knife .
A jury found Gregory Gadlin guilty of assault with a deadly weapon in 2007 , a crime considered a nonviolent felony under Proposition 57 that would entitle him to a parole hearing .
Deputy Attorney General Charles Chung said Gadlin ’ @ @ @ @ @ @ @ 1980s render him ineligible .
Ralph Diaz , then secretary of the Department of Corrections and Rehabilitation made a reasonable decision to exclude registered sex offenders from early parole consideration under Proposition 57 after determining that the “ overwhelming majority include physical violence , coercion , duress , and lack of consent.
” Chung said Diaz also considered the unique risk registered sex offenders pose to public safety .
“ The decision to exclude registered sex offenders was also informed by the promises made by Governor Jerry Brown to the voters in the @ @ @ @ @ @ @ California Supreme Court at a hearing Wednesday .
“ It is reasonable for the department to consider the ballot materials when deciding how to exercise the rule-making authority conferred on it so as to implement the program in a way that the voters expected .
That is what Secretary Diaz did here when he outlined the reasons for excluding these registered sex offenders.
” In granting Gadlin ’ s habeas corpus petition in 2019 , an appellate court found the constitutional amendment enacted by Proposition 57 made clear that “ early parole eligibility @ @ @ @ @ @ @ for which an inmate is now serving a state prison sentence ( the current offense ) , rather than prior criminal history.
” The crime Gadlin is currently doing time for was his “ third strike ” under California ’ s Three Strikes law , hence the 35 years-to-life sentence .
An appellate court held in 2018 that “ nonviolent ” three strikes offenders are eligible for parole hearings .
Chief Justice Tani Cantil-Sakauye said the language of the constitutional amendment is the crux of the case .
“ In what way does @ @ @ @ @ @ @ opportunity for early parole consideration based on a prior , when there appears to be nothing in the language of the constitutional amendment that even mentions a prior conviction , ” Cantil-Sakauye asked .
Chung said the law does not mandate that a registered sex offender must be included either .
Instead , Proposition 57 contained a provision allowing the corrections department to adopt regulations furthering the goal of determining early parole consideration eligibility for “ nonviolent ” felons that “ protect and enhance public safety.
” Justice Mariano-Florentino Cuéllar said the public @ @ @ @ @ @ @ secretary unlimited power .
But Chung said Diaz has the discretion to carry out Proposition 57 based on what the voters could reasonably expect .
California already excluded sex offenders from early parole prior to Proposition 57 , and “ the secretary did not find an indication that the voters intended for the department to change that policy , ” Chung said .
“ Would it have been permissible for the secretary to determine that any person who has in the past been convicted of any violent felony would be ineligible for consideration @ @ @ @ @ @ @ ” Justice Leondra Kruger asked .
Chung said likely not , as the Proposition 57 ballot materials said nothing about past violent offenses .
“ But the implication in your argument is that CDCR can in fact can exclude from parole eligibility anybody convicted of a violent offense , ” Cuellar pushed .
“ Not necessarily , unless there are things like there are with past connections for sex offenses that are linking those past offenses to issues of public safety , ” Chung said .
Gadlin ’ s attorney Janice Bellucci said @ @ @ @ @ @ @ and rewrote the language of Proposition 57 to categorically exclude any prisoner required to register as a sex offender from the possibility of early parole .
“ By doing so , CDCR treats every sex offense as a violent offense , ” she said .
Bellucci said the corrections department does not have the authority to decide who is eligible to receive a parole hearing , adding that not every inmate who receives one is granted parole .
But it would be nonetheless wrong , she argued , to shut out a broad @ @ @ @ @ @ @ “ It also captures nonviolent misdemeanor offenses , for example indecent exposure , ” she said .
“ The problem is they have painted with too broad a brush there and they have basically said every sex offense is a violent offense.
” Cantil-Sakauye asked Bellucci if Gadlin ’ s case would be affected by Proposition 20 , an initiative on this year ’ s ballot that if passed would increase the number of crimes considered violent felonies that are restricted from early parole , including Gadlin ’ s assault with a deadly @ @ @ @ @ @ @ should not be applied to Gadlin since his case has been pending for so long .
“ At the time this case was filed , there was no Proposition 20 and [ assault with a deadly weapon ] was considered a nonviolent offense , ” she said .

California’s highest court will soon decide whether Proposition 57 — an initiative passed by voters in 2016 that expanded parole to all inmates convicted of nonviolent felonies — should apply to a convicted rapist and child molester serving 35 years to life after repeatedly slashing his girlfriend with a knife.
SAN FRANCISCO (CN) — California’s highest court will soon decide whether Proposition 57 — an initiative passed by voters in 2016 that expanded parole to all inmates convicted of nonviolent felonies — should apply to a convicted rapist and child molester serving 35 years to life after repeatedly slashing his girlfriend with a knife.
A jury found Gregory Gadlin guilty of assault with a deadly weapon in 2007, a crime considered a nonviolent felony under Proposition 57 that would entitle him to a parole hearing.
Deputy Attorney General Charles Chung said Gadlin’s two prior sexual crimes from the 1980s render him ineligible. Ralph Diaz, then secretary of the Department of Corrections and Rehabilitation made a reasonable decision to exclude registered sex offenders from early parole consideration under Proposition 57 after determining that the “overwhelming majority include physical violence, coercion, duress, and lack of consent.”
Chung said Diaz also considered the unique risk registered sex offenders pose to public safety.
"The decision to exclude registered sex offenders was also informed by the promises made by Governor Jerry Brown to the voters in the ballot materials,” Chung told the California Supreme Court at a hearing Wednesday. “It is reasonable for the department to consider the ballot materials when deciding how to exercise the rule-making authority conferred on it so as to implement the program in a way that the voters expected. That is what Secretary Diaz did here when he outlined the reasons for excluding these registered sex offenders.”
In granting Gadlin’s habeas corpus petition in 2019, an appellate court found the constitutional amendment enacted by Proposition 57 made clear that “early parole eligibility must be assessed based on the conviction for which an inmate is now serving a state prison sentence (the current offense), rather than prior criminal history.”
The crime Gadlin is currently doing time for was his “third strike” under California’s Three Strikes law, hence the 35 years-to-life sentence. An appellate court held in 2018 that “nonviolent” three strikes offenders are eligible for parole hearings.
Chief Justice Tani Cantil-Sakauye said the language of the constitutional amendment is the crux of the case.
“In what way does the department justify denying Mr. Gadlin the opportunity for early parole consideration based on a prior, when there appears to be nothing in the language of the constitutional amendment that even mentions a prior conviction,” Cantil-Sakauye asked.
Chung said the law does not mandate that a registered sex offender must be included either. Instead, Proposition 57 contained a provision allowing the corrections department to adopt regulations furthering the goal of determining early parole consideration eligibility for “nonviolent” felons that “protect and enhance public safety.”
Justice Mariano-Florentino Cuéllar said the public safety enhancement provision appears to give the secretary unlimited power.
But Chung said Diaz has the discretion to carry out Proposition 57 based on what the voters could reasonably expect. California already excluded sex offenders from early parole prior to Proposition 57, and “the secretary did not find an indication that the voters intended for the department to change that policy,” Chung said.
"Would it have been permissible for the secretary to determine that any person who has in the past been convicted of any violent felony would be ineligible for consideration for parole under this constitutional provision?” Justice Leondra Kruger asked.
Chung said likely not, as the Proposition 57 ballot materials said nothing about past violent offenses.
"But the implication in your argument is that CDCR can in fact can exclude from parole eligibility anybody convicted of a violent offense,” Cuellar pushed.
"Not necessarily, unless there are things like there are with past connections for sex offenses that are linking those past offenses to issues of public safety,” Chung said.
Gadlin’s attorney Janice Bellucci said Diaz ignored the will of the voters and rewrote the language of Proposition 57 to categorically exclude any prisoner required to register as a sex offender from the possibility of early parole. “By doing so, CDCR treats every sex offense as a violent offense,” she said.
Bellucci said the corrections department does not have the authority to decide who is eligible to receive a parole hearing, adding that not every inmate who receives one is granted parole. But it would be nonetheless wrong, she argued, to shut out a broad category of offenders from parole consideration.
“It also captures nonviolent misdemeanor offenses, for example indecent exposure,” she said. “The problem is they have painted with too broad a brush there and they have basically said every sex offense is a violent offense.”
Cantil-Sakauye asked Bellucci if Gadlin's case would be affected by Proposition 20, an initiative on this year's ballot that if passed would increase the number of crimes considered violent felonies that are restricted from early parole, including Gadlin’s assault with a deadly weapon conviction.
Bellucci said Proposition 20 should not be applied to Gadlin since his case has been pending for so long. “At the time this case was filed, there was no Proposition 20 and [assault with a deadly weapon] was considered a nonviolent offense,” she said.