courthousenews--2020-06-26--NY Occupancy Limits Singled Out Religion, Court Rules

( CN ) — A federal judge struck down one of New York ’ s prescriptions for containing the pandemic Friday , one week to the day after Governor Andrew Cuomo ended his daily coronavirus briefings with the boast that the state had gone from “ worst to first.
” “ On its face , the 25 % indoor capacity limitation applies only to houses of worship , ” U.S. District Judge Gary Sharpe , a George W. Bush appointee , wrote in a 38-page ruling .
“ Indeed , that limitation is the only one of its kind in @ @ @ @ @ @ @ guidance document that have been issued in response to the pandemic ; in other words , no other secular entity , save for those that remain closed in their entirety until Phase 4 or beyond , are limited to only 25 % capacity.
” Cuomo issued the first restrictions via executive order in March as New York became known as the global epicenter for Covid-19 .
On June 17 , an additional emergency order for religious gatherings was issued by New York City Mayor Bill de Blasio , who clashed with Hasidic communities @ @ @ @ @ @ @ prompted a federal complaint in Albany by two Catholic priests — the Reverends Steven Soos and Nicholas Stamos — and Orthodox Jews Daniel Schonbrun , Elchanan Perr and Mayer Mayerfeld chafed at the limitations .
Pointing to expressions of support for Black Lives Matter protests , Judge Sharpe on Friday accused the governor and mayor of playing favorites .
“ Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests , short of condemning their message , in the name of public health and exercised discretion to suspend enforcement for @ @ @ @ @ @ @ they knew was a flagrant disregard of the outdoor limits and social distancing rules , ” Sharpe wrote .
“ They could have also been silent .
But by acting as they did , Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment.
” Unlike most religious gatherings , Black Lives Matter protests have taken place outdoors .
Masks usage has been prevalent , and New York City did not report any protest-related upticks in infections this week , nearly one month into what @ @ @ @ @ @ @ unrest over systemic racism and unchecked police abuses .
By contrast , religious gatherings have been a documented vector of coronavirus infections internationally , from Malaysia to Iran to the United States .
Given the risk of spreading the various , states throughout the country have issued different orders on religious gatherings , which became of the subject of various legal challenges in Kansas , Illinois and Mississippi .
Sharpe also found New York ’ s exemption for large , outdoor graduation ceremonies a double-standard .
“ And there is nothing materially different @ @ @ @ @ @ @ gathering such that defendants ’ justifications for a difference in treatment can be found compelling , ” he wrote .
The judge ordered a single standard for religious and secular gatherings , both indoors and outdoors .
“ Indeed , in the absence of an injunction , plaintiffs ’ religious activities will be burdened and continue to be treated less favorably than comparable secular activities , ” the opinion states .
“ An injunction , on the other hand , does not undercut defendants ’ interest in controlling the spread of Covid-19 , @ @ @ @ @ @ @ guidance.
” The New York City Law Department deferred comment to the state .
“ The city was following the governor ’ s executive order , ” its spokesman said .
“ We will review this new ruling and work with the state on next steps.
” The governor ’ s office did not respond to a request for comment .

A federal judge struck down one of New York’s prescriptions for containing the pandemic Friday, one week to the day after Governor Andrew Cuomo ended his daily coronavirus briefings with the boast that the state had gone from “worst to first.”
(CN) — A federal judge struck down one of New York’s prescriptions for containing the pandemic Friday, one week to the day after Governor Andrew Cuomo ended his daily coronavirus briefings with the boast that the state had gone from “worst to first.”
“On its face, the 25% indoor capacity limitation applies only to houses of worship,” U.S. District Judge Gary Sharpe, a George W. Bush appointee, wrote in a 38-page ruling. “Indeed, that limitation is the only one of its kind in the tangle of executive orders and the guidance document that have been issued in response to the pandemic; in other words, no other secular entity, save for those that remain closed in their entirety until Phase 4 or beyond, are limited to only 25% capacity.”
Cuomo issued the first restrictions via executive order in March as New York became known as the global epicenter for Covid-19. On June 17, an additional emergency order for religious gatherings was issued by New York City Mayor Bill de Blasio, who clashed with Hasidic communities throughout the national emergency.
The limitations prompted a federal complaint in Albany by two Catholic priests — the Reverends Steven Soos and Nicholas Stamos — and Orthodox Jews Daniel Schonbrun, Elchanan Perr and Mayer Mayerfeld chafed at the limitations.
Pointing to expressions of support for Black Lives Matter protests, Judge Sharpe on Friday accused the governor and mayor of playing favorites.
“Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of the outdoor limits and social distancing rules,” Sharpe wrote. “They could have also been silent. But by acting as they did, Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment.”
Unlike most religious gatherings, Black Lives Matter protests have taken place outdoors. Masks usage has been prevalent, and New York City did not report any protest-related upticks in infections this week, nearly one month into what has been a global showing of civil unrest over systemic racism and unchecked police abuses.
By contrast, religious gatherings have been a documented vector of coronavirus infections internationally, from Malaysia to Iran to the United States.
Given the risk of spreading the various, states throughout the country have issued different orders on religious gatherings, which became of the subject of various legal challenges in Kansas, Illinois and Mississippi.
Sharpe also found New York’s exemption for large, outdoor graduation ceremonies a double-standard.
“And there is nothing materially different about a graduation ceremony and a religious gathering such that defendants’ justifications for a difference in treatment can be found compelling,” he wrote.
The judge ordered a single standard for religious and secular gatherings, both indoors and outdoors.
“Indeed, in the absence of an injunction, plaintiffs’ religious activities will be burdened and continue to be treated less favorably than comparable secular activities,” the opinion states. “An injunction, on the other hand, does not undercut defendants’ interest in controlling the spread of Covid-19, provided that plaintiffs abide by social distancing guidance.”
The New York City Law Department deferred comment to the state. "The city was following the governor’s executive order," its spokesman said. "We will review this new ruling and work with the state on next steps."
The governor's office did not respond to a request for comment.


courthousenews--2020-06-26--California Border County Urged to Shutter as Covid Spikes

( CN ) — California Gov .
Gavin Newsom asked Imperial County officials to reimpose stay at home orders Friday , after the Southern California border county saw a 23 % positivity rate in Covid-19 testing in the past two weeks .
California health officials are closely monitoring positivity rates in 15 counties , but Newsom said Friday he advised Imperial County officials to take immediate action to mitigate what has become the state ’ s worst outbreak of the novel coronavirus .
“ We ’ re now working with the county to pull back and reinstitute stay at home @ @ @ @ @ @ @ he ’ s confident county supervisors will vote to reissue the mandate .
“ If they ’ re not able to come to a consensus , I ’ m committed to intervening .
But I ’ m confident in their capacity to make that determination for themselves.
” Health officials in Imperial County — which shares a border with Mexico — have relied on state support to transfer Covid-19 patients to other counties to reduce strain on area hospitals over the last five weeks .
But Newsom says “ decompression ” trends have @ @ @ @ @ @ @ surge in cases .
State health officials have supplied the county with 1 million surgical masks , nearly 500,000 N-95 masks and National Guard medical teams to help fight the spread of the virus .
“ We ’ re committed to providing more resources over time , ” Newsom said .
Investigators with the U.S. Centers for Disease Control and Prevention are probing whether a surge in Covid-19 cases in Arizona contributed to worsening conditions in neighboring Imperial County , Newsom said , adding he expects a report on the matter later Friday @ @ @ @ @ @ @ 4,890 Californians tested positive for the virus and 79 died , according to figures released Friday by the California Department of Public Health .
The Golden State has surpassed 200,000 positive cases and marked 5,812 deaths since the start of the pandemic .
The state tested over 76,969 people for the novel coronavirus Thursday and found a positivity rate of 5.7 % , according to CDPH data .
Hospitalization rates increased by 140 , or 3.3 % from Wednesday , and the state also saw a 4.4 % increase in Covid-19 patients in @ @ @ @ @ @ @ total number of tests , naturally we ’ re going to see an increased number of total positive cases , ” Newsom said .
“ But it ’ s important to look at positivity rates , which give us a sign or indication of community spread.
” When asked if the state would pull back guidelines that allowed many California counties to reopen parts of their economy , Newsom said the state has only paused issuing reopening guidance .
“ Guidelines don ’ t mean ‘ go , ’ they mean how to @ @ @ @ @ @ @ “ We empower local health officials to make their own decisions .
California is not a small state and this needs to be bottom-up , not top-down , because each county is unique and has its own conditions.
” After San Francisco experienced an increase in local cases of Covid-19 , Mayor London Breed announced Friday the city will delay reopening businesses that had been set to open their doors next Monday , including hair salons , museums and outdoor bars .
“ Yesterday we saw 103 new cases .
On June 15 @ @ @ @ @ @ @ and in-store retail , we had 20 new cases , ” Breed said in a statement .
“ At our current rate , the number could double rapidly .
If that continues and we do not intervene , we will be at such a high number that our only option would be to shut down.
” Newsom urged Californians to wear face masks and physically distance from others , especially over the weekend , to stem the spread of Covid-19 .
“ If you are going to break with tradition , common sense @ @ @ @ @ @ @ invite your neighbors , friends , or family members over — against the advice of local health directives — please wear a mask , practice physical distancing , ” Newsom said .
California Public Health Officer Sonia Angell said in the press conference she is working to determine whether recent mass protests against police violence have contributed to the state ’ s surge in Covid-19 cases .
“ We don ’ t have exact numbers , but we are speaking with California counties and we do think it ’ s a contributor , @ @ @ @ @ @ @ had increased movement across the state because local economies are opening up so we ’ re not able to distinguish , at this point , where someone was exposed.
” Newsom delivered his coronavirus briefing at a Tri Tool manufacturing facility , where he touted manufacturers ’ ability to switch production to things like masks and face shields to help weather the pandemic-fueled economic downturn .
The state launched an online portal Friday that will connect industries with California-based manufacturers of non-medical grade personal protective equipment .
The partnership with the California Manufacturers @ @ @ @ @ @ @ manufacturers with other industries and businesses across the nation seeking face masks , face shields , gowns , gloves and other supplies , Newsom said .
“ Manufacturers are the most critical piece to getting protective gear out to the wide range of employment sectors who need it , ” CMTA president Lance Hastings said in a statement .
“ As we reopen California ’ s economy , and stay open during the push to find a vaccine , we need a system like this to link regional producers , buyers and information @ @ @ @ @ @ @ quickly.
” Newsom said the state will continue providing manufacturers with free PPE for workers in order to facilitate an easier reopening process .

California Gov. Gavin Newsom asked Imperial County officials to reimpose stay at home orders Friday, after the Southern California border county saw a 23% positivity rate in Covid-19 testing in the past two weeks.
(CN) — California Governor Gavin Newsom asked Imperial County officials to reimpose stay-at-home orders Friday, after the Southern California border county saw a 23% positivity rate in Covid-19 testing in the past two weeks.
California health officials are closely monitoring positivity rates in 15 counties, but Newsom said Friday he advised Imperial County officials to take immediate action to mitigate what has become the state’s worst outbreak of the novel coronavirus.
“We’re now working with the county to pull back and reinstitute stay-at-home orders,” Newsom said, adding he’s confident county supervisors will vote to reissue the mandate. “If they’re not able to come to a consensus, I'm committed to intervening. But I’m confident in their capacity to make that determination for themselves.”
Health officials in Imperial County — which shares a border with Mexico — have relied on state support to transfer Covid-19 patients to other counties to reduce strain on area hospitals over the last five weeks. But Newsom says “decompression” trends have now reversed and hospitals are seeing a surge in cases.
State health officials have supplied the county with 1 million surgical masks, nearly 500,000 N-95 masks and National Guard medical teams to help fight the spread of the virus.
“We’re committed to providing more resources over time,” Newsom said.
Investigators with the U.S. Centers for Disease Control and Prevention are probing whether a surge in Covid-19 cases in Arizona contributed to worsening conditions in neighboring Imperial County, Newsom said, adding he expects a report on the matter later Friday.
In the last 24 hours, 4,890 Californians tested positive for the virus and 79 died, according to figures released Friday by the California Department of Public Health.
The Golden State has surpassed 200,000 positive cases and marked 5,812 deaths since the start of the pandemic.
The state tested over 76,969 people for the novel coronavirus Thursday and found a positivity rate of 5.7%, according to CDPH data. Hospitalization rates increased by 140, or 3.3% from Wednesday, and the state also saw a 4.4% increase in Covid-19 patients in ICU.
“As we increase the total number of tests, naturally we're going to see an increased number of total positive cases,” Newsom said. “But it's important to look at positivity rates, which give us a sign or indication of community spread.”
When asked if the state would pull back guidelines that allowed many California counties to reopen parts of their economy, Newsom said the state has only paused issuing reopening guidance.
“Guidelines don't mean ‘go,’ they mean how to safely reopen,” Newsom said. “We empower local health officials to make their own decisions. California is not a small state and this needs to be bottom-up, not top-down, because each county is unique and has its own conditions.”
After San Francisco experienced an increase in local cases of Covid-19, Mayor London Breed announced Friday the city will delay reopening businesses that had been set to open their doors next Monday, including hair salons, museums and outdoor bars.
“Yesterday we saw 103 new cases. On June 15, when we first reopened outdoor dining and in-store retail, we had 20 new cases,” Breed said in a statement. “At our current rate, the number could double rapidly. If that continues and we do not intervene, we will be at such a high number that our only option would be to shut down.”
Newsom urged Californians to wear face masks and physically distance from others, especially over the weekend, to stem the spread of Covid-19.
"If you are going to break with tradition, common sense, and you're going to invite your neighbors, friends, or family members over — against the advice of local health directives — please wear a mask, practice physical distancing," Newsom said.
California Public Health Officer Sonia Angell said in the press conference she is working to determine whether recent mass protests against police violence have contributed to the state’s surge in Covid-19 cases.
“We don't have exact numbers, but we are speaking with California counties and we do think it’s a contributor,” Angell said. “We also had increased movement across the state because local economies are opening up so we’re not able to distinguish, at this point, where someone was exposed.”
Newsom delivered his coronavirus briefing at a Tri Tool manufacturing facility, where he touted manufacturers’ ability to switch production to things like masks and face shields to help weather the pandemic-fueled economic downturn. The state launched an online portal Friday that will connect industries with California-based manufacturers of non-medical grade personal protective equipment.
The partnership with the California Manufacturers & Technology Association (CMTA) connects manufacturers with other industries and businesses across the nation seeking face masks, face shields, gowns, gloves and other supplies, Newsom said.
"Manufacturers are the most critical piece to getting protective gear out to the wide range of employment sectors who need it," CMTA president Lance Hastings said in a statement. "As we reopen California's economy, and stay open during the push to find a vaccine, we need a system like this to link regional producers, buyers and information so the equipment gets made and delivered quickly.”
Newsom said the state will continue providing manufacturers with free PPE for workers in order to facilitate an easier reopening process.


courthousenews--2020-06-26--Georgia Governor Signs Hate Crimes Bill Into Law

ATLANTA ( CN ) — Republican Governor Brian Kemp signed Georgia ’ s new hate crimes bill into law Friday after state lawmakers passed the measure in a historic vote three days earlier , finally removing Georgia from a list of only four states without a hate crimes law on their books .
The new law mandates additional criminal sentencing penalties for perpetrators convicted of targeting their victims on the basis of race , color , gender , sex , national origin , sexual orientation , religion , or physical or mental disability .
Kemp signed House Bill 426 during @ @ @ @ @ @ @ Capitol .
Georgia ’ s previous hate crimes law was struck down as “ unconstitutionally vague ” by the state Supreme Court in 2004 .
“ It ’ s a sign of progress and it ’ s a milestone worth applauding , ” Kemp said Friday .
“ House Bill 426 is a tool to enhance public safety and ensure that justice is served .
Frankly , it ’ s the silver lining in these difficult times and stormy days.
” Kemp admitted that the bill “ does not fix every problem or @ @ @ @ @ @ @ is “ a powerful step forward.
” Georgia Lieutenant Governor Geoff Duncan called the bill ’ s passage “ definitely the proudest moment I ’ ve had in elected office.
” The bill passed in a 47-6 vote in the Georgia Senate and a 127-38 vote in the House Tuesday .
A version of the bill originally passed the Georgia House in March 2019 but stalled in a Senate committee .
Demands for the bill ’ s passage were renewed after a video of the February shooting death of Ahmaud Arbery , a @ @ @ @ @ @ @ of three white men went viral in May .
The three men , including a retired police officer , were indicted on murder charges in connection with Arbery ’ s death Wednesday .
During a hearing earlier this month , an investigator in the Arbery case testified that one of his accused killers uttered a racial slur after shooting him .
The new law requires that defendants who are proven to have committed a hate crime face an additional six to 12 months imprisonment for a misdemeanor or more than two years for @ @ @ @ @ @ @ law enforcement to track instances of hate crimes in a database .
H.B .
426 ’ s bipartisan passage was briefly stymied by state Senate Republicans who tried to introduce language into the proposal that would have extended hate crime protections to police officers and first responders .
The legislature passed House Bill 838 as a compromise between Republican and Democratic leaders .
The bill imposes enhanced penalties on offenders convicted of committing a crime against a police officer , firefighter or first responders on the basis of their occupation .
Civil rights @ @ @ @ @ @ @ the ACLU of Georgia , have strongly opposed the passage of H.B .
838 .
In a statement released Friday , the Georgia NAACP called H.B .
838 “ a dangerous bill that would further create a toxic divide in our state while further fueling the criminalization and violence against black people.
” “ Though we stand in full support of all law enforcement , we believe that H.B .
838 is more dangerous to our community than H.B .
426 is good .
To see the legislature prioritize H.B .
838 instead @ @ @ @ @ @ @ does not do justice for my son , ” Wanda Cooper-Jones , Arbery ’ s mother , said in the statement .
The new hate crimes law will go into effect July 1 .

Republican Governor Brian Kemp signed Georgia’s new hate crimes bill into law Friday after state lawmakers passed the measure in a historic vote three days before, finally removing Georgia from a list of only four states without a hate crimes law on their books.
ATLANTA (CN) — Republican Governor Brian Kemp signed Georgia’s new hate-crimes bill into law Friday after state lawmakers passed the measure in a historic vote three days earlier, finally removing Georgia from a list of only four states without a hate-crimes law on their books.
The new law mandates additional criminal sentencing penalties for perpetrators convicted of targeting their victims on the basis of race, color, gender, sex, national origin, sexual orientation, religion, or physical or mental disability.
Kemp signed House Bill 426 during a ceremony Friday afternoon at the state Capitol.
Georgia’s previous hate-crimes law was struck down as “unconstitutionally vague” by the state Supreme Court in 2004.
“It’s a sign of progress and it’s a milestone worth applauding,” Kemp said Friday. “House Bill 426 is a tool to enhance public safety and ensure that justice is served. Frankly, it’s the silver lining in these difficult times and stormy days.”
Kemp admitted that the bill “does not fix every problem or right every wrong” but said it is “a powerful step forward.”
Georgia Lieutenant Governor Geoff Duncan called the bill’s passage “definitely the proudest moment I’ve had in elected office.”
The bill passed in a 47-6 vote in the Georgia Senate and a 127-38 vote in the House Tuesday.
A version of the bill originally passed the Georgia House in March 2019 but stalled in a Senate committee. Demands for the bill’s passage were renewed after a video of the February shooting death of Ahmaud Arbery, a 25-year-old black man, at the hands of three white men went viral in May.
The three men, including a retired police officer, were indicted on murder charges in connection with Arbery’s death Wednesday.
During a hearing earlier this month, an investigator in the Arbery case testified that one of his accused killers uttered a racial slur after shooting him.
Kemp called Arbery’s death a “horrific, hate-filled act of violence” Friday.
The new law requires that defendants who are proven to have committed a hate crime face an additional six to 12 months imprisonment for a misdemeanor or more than two years for a felony.
The law also requires law enforcement to track instances of hate crimes in a database.
H.B. 426’s bipartisan passage was briefly stymied by state Senate Republicans who tried to introduce language into the proposal that would have extended hate-crime protections to police officers and first responders.
The legislature passed House Bill 838 as a compromise between Republican and Democratic leaders. The bill imposes enhanced penalties on offenders convicted of committing a crime against a police officer, firefighter or first responders on the basis of their occupation.
Civil rights groups, including the Georgia NAACP and the ACLU of Georgia, have strongly opposed the passage of H.B. 838.
In a statement released Friday, the Georgia NAACP called H.B. 838 “a dangerous bill that would further create a toxic divide in our state while further fueling the criminalization and violence against black people.”
“Though we stand in full support of all law enforcement, we believe that H.B. 838 is more dangerous to our community than H.B. 426 is good. To see the legislature prioritize H.B. 838 instead of repealing citizens arrest is heartbreaking and does not do justice for my son,” Wanda Cooper-Jones, Arbery’s mother, said in the statement.
The new hate-crimes law will go into effect July 1.


courthousenews--2020-06-26--Southern State Lockdowns Sink Hopes of a Summertime Stock Lift

MANHATTAN ( CN ) — The surge of new Covid-19 cases has forced once-optimistic governors to once again shutter economies , and Wall Street ’ s jitters have turned to real worries about the economic ramifications .
On Friday , Texas Governor Greg Abbott mandated that all bars close and restricted indoor dining at restaurants .
The decision to partially close came less than 24 hours after Abbott issued an executive order that halts elective surgeries and directs Texans to wear face masks in local businesses .
In Florida , where health officials have warned about reopening too quickly , @ @ @ @ @ @ @ surge “ is real.
” The Republican governor also ordered a shutdown of bars effectively immediately , via a tweet from his secretary of business & professional regulation .
Markets plummeted on the news , with the Dow Jones Industrial Average losing 730 points by the closing bell , a 2.8 % decline .
The S & P 500 and Nasdaq has somewhat less-severe falls .
“ I think unfortunately what we ’ re seeing is the beginning of something that will continue into next week , ” said J.B. Kurish , a @ @ @ @ @ @ @ Goizueta Business School .
“ The financial problems are bigger because of the social problems , and the social problems create more financial problems , ” he said .
Wall Street also has remained fixated on the recent uptick in coronavirus cases and hospitalizations the last few days .
The United States has hit record new cases several days this week , most recently on Thursday when nearly 40,000 people contracted the virus .
To date , more than 9.6 million people have been infected by Covid-19 worldwide , while nearly 491,000 have @ @ @ @ @ @ @ Johns Hopkins University .
In the United States , 2.4 million people have contracted Covid-19 , while more than 124,000 have died .
“ The people who have been pent up in those places , they ’ re looking at it as an all-or-none phenomenon , ” said Dr. Anthony Fauci on Friday .
“ Either we ’ re locked down or let ’ s storm the bars , go the beach , no masks .
That ’ s what the problem is.
” Fauci noted during a press briefing with the rest @ @ @ @ @ @ @ task force that the overwhelming number of new infections are among younger people .
Florida and Texas have seen their cases spike .
The Sunshine State reports 114,000 confirmed cases and more than 3,300 total Covid-related deaths , according to Johns Hopkins .
The Lone Star State reports 132,000 cases and 2,300 deaths , data show .
Both DeSantis and Abbott were slow to adopt stay-at-home orders compared with many other governors and had initially said the virus was not terribly dangerous .
Abbott has resisted any statewide mandate to wear masks , @ @ @ @ @ @ @ levying penalties on those who refused to wear masks .
In terms of stay-at-home orders , Abbott preferred to let county officials decide for themselves whether they wanted to mandate lockdowns .
Even in late April , he has said in-person church services should be allowed .
While DeSantis was one of the first governors to declare a state of emergency , he initially issued a “ safer-at-home ” order for only some counties rather than a statewide lockdown .
The Florida governor infamously refused to close the beaches and also had compared @ @ @ @ @ @ @ people .
Many businesses have reversed course on their own .
Apple decided to close most of its retail stores in Florida , while Microsoft announced on Friday it is permanently closing all 83 of its newly built retail stores .
The surge in Covid-19 cases likely has pushed back any hope of a swift economic recovery later this summer .
“ It is clear that large-group gatherings are not going to happen for quite some time , ” wrote Joel Naroff of Naroff Economics on Friday .
“ The summer should have @ @ @ @ @ @ @ but the virus operates on its own timetable.
” With health concerns front and center , investors have taken in stride other economic data this week — including stubbornly high unemployment claims , a U.S. economy that officially contracted 5 % in the first quarter of 2020 , and a trade deficit that grew by 5 % .
Investors also are not overly enthusiastic about the stringent new requirements on banks imposed by the Federal Reserve , which has prohibited share buybacks and curbed dividends to prepare for a rocky economic recovery .
@ @ @ @ @ @ @ and some are getting hit more than others , ” Kurish said , adding that many pensions and funds are now looking to move out of equities and into high-quality corporate bonds .
Analysts say the Federal Reserve ’ s stress tests show that most financial institutions are in a good position to weather any economic storm — except for Goldman Sachs — showing capital reserve ratios above the estimated minimums .
Researchers at UBS wrote in an investor ’ s note that the “ stress capital buffer shouldn ’ t be a @ @ @ @ @ @ @ firms , adding that trust and regional banks also are well-positioned .
Many still expect the Fed will do more later this year .
Researchers at Goldman Sachs , who forecast a U-shaped recovery , wrote that “ there is a high probability that capital requirements could increase over the course of a year.
” Banks will give a better insight into their financial strength on Monday , when they can release their own capital plans .

The surge of new Covid-19 cases has forced once-optimistic governors to once again shutter economies, and Wall Street’s jitters have turned to real worries about the economic ramifications.
MANHATTAN (CN) — The surge of new Covid-19 cases has forced once-optimistic governors to once again shutter economies, and Wall Street’s jitters have turned to real worries about the economic ramifications.
On Friday, Texas Governor Greg Abbott mandated that all bars close and restricted indoor dining at restaurants. The decision to partially close came less than 24 hours after Abbott issued an executive order that halts elective surgeries and directs Texans to wear face masks in local businesses.
In Florida, where health officials have warned about reopening too quickly, Governor Ron DeSantis has admitted that the surge “is real.” The Republican governor also ordered a shutdown of bars effectively immediately, via a tweet from his secretary of business & professional regulation.
Markets plummeted on the news, with the Dow Jones Industrial Average losing 730 points by the closing bell, a 2.8% decline. The S&P 500 and Nasdaq has somewhat less-severe falls.
“I think unfortunately what we’re seeing is the beginning of something that will continue into next week,” said J.B. Kurish, a finance professor at Emory University’s Goizueta Business School. “The financial problems are bigger because of the social problems, and the social problems create more financial problems,” he said.
Wall Street also has remained fixated on the recent uptick in coronavirus cases and hospitalizations the last few days. The United States has hit record new cases several days this week, most recently on Thursday when nearly 40,000 people contracted the virus.
To date, more than 9.6 million people have been infected by Covid-19 worldwide, while nearly 491,000 have died, according to data compiled by Johns Hopkins University. In the United States, 2.4 million people have contracted Covid-19, while more than 124,000 have died.
“The people who have been pent up in those places, they’re looking at it as an all-or-none phenomenon,” said Dr. Anthony Fauci on Friday. “Either we’re locked down or let’s storm the bars, go the beach, no masks. That’s what the problem is.”
Fauci noted during a press briefing with the rest of the White House’s coronavirus task force that the overwhelming number of new infections are among younger people.
Florida and Texas have seen their cases spike. The Sunshine State reports 114,000 confirmed cases and more than 3,300 total Covid-related deaths, according to Johns Hopkins. The Lone Star State reports 132,000 cases and 2,300 deaths, data show.
Both DeSantis and Abbott were slow to adopt stay-at-home orders compared with many other governors and had initially said the virus was not terribly dangerous.
Abbott has resisted any statewide mandate to wear masks, and he actually prohibited local governments from levying penalties on those who refused to wear masks. In terms of stay-at-home orders, Abbott preferred to let county officials decide for themselves whether they wanted to mandate lockdowns. Even in late April, he has said in-person church services should be allowed.
While DeSantis was one of the first governors to declare a state of emergency, he initially issued a “safer-at-home” order for only some counties rather than a statewide lockdown. The Florida governor infamously refused to close the beaches and also had compared Covid-19 to the regular flu for most people.
Many businesses have reversed course on their own. Apple decided to close most of its retail stores in Florida, while Microsoft announced on Friday it is permanently closing all 83 of its newly built retail stores.
The surge in Covid-19 cases likely has pushed back any hope of a swift economic recovery later this summer. “It is clear that large-group gatherings are not going to happen for quite some time,” wrote Joel Naroff of Naroff Economics on Friday. “The summer should have been a time of reviving hope, but the virus operates on its own timetable.”
With health concerns front and center, investors have taken in stride other economic data this week — including stubbornly high unemployment claims, a U.S. economy that officially contracted 5% in the first quarter of 2020, and a trade deficit that grew by 5%.
Investors also are not overly enthusiastic about the stringent new requirements on banks imposed by the Federal Reserve, which has prohibited share buybacks and curbed dividends to prepare for a rocky economic recovery.
“The sector is getting hit, and some are getting hit more than others,” Kurish said, adding that many pensions and funds are now looking to move out of equities and into high-quality corporate bonds.
Analysts say the Federal Reserve’s stress tests show that most financial institutions are in a good position to weather any economic storm — except for Goldman Sachs — showing capital reserve ratios above the estimated minimums.
Researchers at UBS wrote in an investor’s note that the “stress capital buffer shouldn’t be a capital constraint for most” top financial firms, adding that trust and regional banks also are well-positioned.
Many still expect the Fed will do more later this year. Researchers at Goldman Sachs, who forecast a U-shaped recovery, wrote that “there is a high probability that capital requirements could increase over the course of a year.”
Banks will give a better insight into their financial strength on Monday, when they can release their own capital plans.


courthousenews--2020-06-27--Professor Convicted of Stealing Trade Secrets for China

( CN ) — Chinese national and university professor Hao Zhang was found guilty of economic espionage , theft of trade secrets and conspiracy Friday , following a four-day bench trial .
Zhang , a 41-year-old professor from Tianjin University in China , and a handful of other co-conspirators were charged with economic espionage and the theft of military-grade wireless filter technology nearly five years ago , with the government alleging that Zhang intended to steal a series of trade secrets for the benefit of China .
According to the DOJ , evidence showed that for years , Zhang conspired @ @ @ @ @ @ @ wireless device filter technology that helps to eliminate interference for a wireless device and even increase certain elements of the device ’ s performance .
These filters have proven to be incredible advancements in the field of wireless and mobile technology , such as being able to help create smaller , more effective devices for both consumers and the military .
Prosecutors say that Zhang stole this information from two companies : Avago , a global developer of analog and optoelectronics components based out of California and Singapore , and Skyworks , a @ @ @ @ @ @ @ of Massachusetts .
U.S. officials contend that Zhang set out to steal this information from these two companies while plotting with Tianjin University so that it could be used for China ’ s technological gain .
After a bench trial that lasted for four days , U.S. District Judge Edward Davila , an Obama appointee , found Zhang guilty of economic espionage , theft of trade secrets and conspiring to commit both of those offenses .
John Demers , assistant attorney general for National Security , said that Friday ’ s ruling comes @ @ @ @ @ @ @ accountability in this case .
“ The defendant plotted with Tianjin University to take trade secrets from two U.S. companies , including his own employer , to China for the benefit of the Chinese Government , ” Demers said in a statement .
“ Today ’ s guilty verdict on all counts is an important step in holding accountable an individual who robbed his U.S. employer of trade secrets and sought to replicate the company ’ s technology and replace its market share .
The Department of Justice ’ s commitment to prosecuting @ @ @ @ @ @ @ tale to anyone considering doing the same.
” Evidence presented during the trial shows it all started in 2006 when Zhang and his co-conspirators started a business in China that was meant to compete with Avago and Skyworks .
While Zhang did this , another co-conspirator named Wei Pang started working at Avago at around the same time .
Once they were in place , Zhang and Pang began to share trade secrets with one other , as well as with other co-conspirators in China .
Zhang and Pang brought Tianjin University , @ @ @ @ @ @ @ , into their scheme .
Once the university was brought into the picture and began to help formulate a new plan , they left their work in the United States to relocate to China where they started a Cayman Island company known as Novana – all while Zhang continued to obtain a series of patents in his own name using the trade secret information that was taken from Avago .
The DOJ reports the technology that Zhang and his co-conspirators stole took Avago over twenty years ’ worth of research and development to @ @ @ @ @ @ @ said that Friday ’ s development should send a clear sign to others that the Justice Department is committed to ensuring that these crimes do not go unpunished .
“ Economic Espionage is a pervasive threat throughout the United States , particularly to the San Francisco Bay Area and Silicon Valley which is the center of innovation and technology , ” Bennett said in a statement .
“ While this case exemplifies how easily a few motivated employees can conspire to misappropriate intellectual property for the benefit of the People ’ s Republic @ @ @ @ @ @ @ should serve as a warning to our adversaries that the FBI and our partners remain committed to aggressively investigating and prosecuting these crimes.
” Zhang is currently released on a $ 500,000 secured bond while he awaits a sentencing hearing set for August .

A federal judge found a Chinese national and university professor guilty Friday of economic espionage, theft of trade secrets and conspiracy, following a four-day bench trial in San Jose, California.
(CN) — A federal judge found a Chinese national and university professor guilty Friday of economic espionage, theft of trade secrets and conspiracy, following a four-day bench trial in San Jose, California.
Hao Zhang, a 41-year-old professor from Tianjin University in China, was charged nearly five years ago alongside several co-conspirators with economic espionage and the theft of military-grade wireless filter technology — trade secrets expected to benefit of China.
The DOJ compiled years of evidence showing that Zhang conspired to steal crucial information related to certain wireless device filter technology that eliminates interference for a wireless device and even increases certain elements of the device’s performance.
These filters have proven to be incredible advancements in the field of wireless and mobile technology, such as being able to help create smaller, more effective devices for both consumers and the military.
Prosecutors said Zhang stole this information from two companies: Avago, a global developer of analog and optoelectronics components based out of California and Singapore, and Skyworks, a leader in analog semiconductor technology based out of Massachusetts.
Zhang allegedly set out to steal this information from these two companies while plotting with Tianjin University so that it could be used for China’s technological gain.
After a four-day bench trial, U.S. District Judge Edward Davila found Zhang guilty of economic espionage, theft of trade secrets and conspiring to commit both of those offenses.
Assistant Attorney General John Demers said Friday’s ruling from the Obama appointee is a victory for accountability.
“The defendant plotted with Tianjin University to take trade secrets from two U.S. companies, including his own employer, to China for the benefit of the Chinese government,” Demers said in a statement. “Today’s guilty verdict on all counts is an important step in holding accountable an individual who robbed his U.S. employer of trade secrets and sought to replicate the company’s technology and replace its market share. The Department of Justice’s commitment to prosecuting these cases should serve as a cautionary tale to anyone considering doing the same.”
Evidence presented during the trial shows it all started in 2006 when Zhang and his co-conspirators started a business in China that was meant to compete with Avago and Skyworks.
While Zhang did this, another co-conspirator named Wei Pang started working at Avago at around the same time. Once they were in place, Zhang and Pang began to share trade secrets with one other, as well as with other co-conspirators in China.
Zhang and Pang brought Tianjin University, a Chinese government instrumentality according to documents, into their scheme.
Once the university was brought into the picture and began to help formulate a new plan, they left their work in the United States to relocate to China where they started a Cayman Island company known as Novana — all while Zhang continued to obtain a series of patents in his own name using the trade secret information that was taken from Avago.
The DOJ reports the technology that Zhang and his co-conspirators stole took Avago over 20 years’ worth of research and development to create.
FBI Special Agent John Bennett said that Friday’s development should send a clear sign to others that the Justice Department is committed to ensuring that these crimes do not go unpunished.
“Economic espionage is a pervasive threat throughout the United States, particularly to the San Francisco Bay Area and Silicon Valley which is the center of innovation and technology,” Bennett said in a statement.
“While this case exemplifies how easily a few motivated employees can conspire to misappropriate intellectual property for the benefit of the People’s Republic of China, Zhang’s conviction should serve as a warning to our adversaries that the FBI and our partners remain committed to aggressively investigating and prosecuting these crimes.”
Zhang is free on a $500,000 secured bond while he awaits a sentencing hearing set for August.
Daniel Olmos, Zhang’s attorney, had no comment.


courthousenews--2020-06-27--Oregon Lawmakers Pass Suite of Police Accountability Laws

SALEM , Ore. ( CN ) – Bills to ban police use of chokeholds and tear gas , create a state database of officer misconduct , require cops to stop the misconduct of other officers and report it , and a new task force to recommend further legislation all headed to the governor ’ s desk Friday .
Oregon Governor Kate Brown called a special session of the Legislature , mostly in response to widespread protests that have gathered thousands nightly in Portland and across the state in the month since a white police officer killed George Floyd in Minneapolis @ @ @ @ @ @ @ nine minutes .
“ It will take far more work to set our state on a path toward racial justice , but these are very important steps forward , ” Brown said in a statement Friday night .
She is expected to sign the bills into law .
Bills banning tear gas and chokeholds were weakened by amendments , allowing police to use chokeholds under circumstances that justify deadly force , and allowing tear gas and acoustic weapons when police have declared a riot .
Portland police last declared a riot May 29 @ @ @ @ @ @ @ of nightly protests in Portland in the movement for black lives .
That night , protesters marched downtown from Peninsula Park in northeast Portland to rally around the Multnomah County Justice Center .
A handful of protesters broke the front windows and threw fireworks inside .
Several small fires started , which were quickly extinguished by the building ’ s sprinkler system , as riot cops emerged from inside the building to push protesters back down the steps .
Every night since then , large crowds have amassed in front of the building @ @ @ @ @ @ @ of a chainlink fence , under the glare of floodlights .
Since then , police have often declared a civil disturbance before using tear gas , pepper spray , rubber bullets and swinging batons to push the crowds back .
They have fired indiscriminately at peaceful protesters , and on several occasions pepper sprayed journalists and hit them with batons .
Despite their continued heavy use of force and chemical weapons , Portland Police spokeswoman Melissa Newhard said police have not declared a riot since that first night .
Speaking on a bill @ @ @ @ @ @ @ police disciplinary records public , Rep. Lawrence Spence said Friday that Oregonians deserve access to the records of officers “ who hold great authority in our communities.
” “ This bill is the first step in a long line of many steps needed to affirm the proclamation that black lives matter , ” said Spence , a member of the House Democratic People of Color Caucus .
“ It gives us the ability to see patterns , to see who is unfit to serve ‘ we the people.
’ ” The Legislature also @ @ @ @ @ @ @ on evictions due to the Covid-19 pandemic and bar mortgage foreclosures for the same reason .
Missed payments will be due at the end of the loan .
Lawmakers also passed a bill that bars arbitrators from reversing disciplinary decisions in police misconduct cases .
Under current laws , Portland police fired for killing unarmed black people or found to have engaged in racist harassment have had their jobs reinstated by sympathetic arbitrators .
That ’ s what happened in high-profile police abuse cases like the 2003 fatal shooting of Kendra James , @ @ @ @ @ @ @ a traffic stop , the 2010 shooting of 25-year-old Aaron Campbell , who was killed after his mother asked police to check on her son , and in the aftermath of an infamous 1981 incident where two white Portland police officers admitted to leaving dead possums outside the Burger Barn , a popular black-owned restaurant .
In the 1981 incident , protests erupted , and the officers involved were fired .
But later , an arbitrator reinstated their jobs with back pay .
The restaurant ’ s owners , George and Geraldine Powe @ @ @ @ @ @ @ their safety as police continued to harass them .
They asked for $ 3.8 million and an injunction banning police policies and practices of racial discrimination and harassment .
They wanted a plan to force the bureau to adopt training and police oversight .
They ended up agreeing to a settlement of $ 64,000 .
In a speech on Friday that closed out the special session , Sen. James Manning Jr. , a black Democrat from Eugene , said the bills were a start .
“ They are accountability bills and I agree @ @ @ @ @ @ @ go far enough , ” he said .
He later described an experience of racial profiling when he was a young boy walking with friends .
He said a cop pulled over and accused him of breaking into parking meters with a hammer .
Manning said the cop arrested him , put him in the back of the police car , and later shoved a gloved hand down the back of his pants .
“ When we talk about the fear of people who look like me dealing with police officers , ” @ @ @ @ @ @ @ the experience of a kid in elementary school .
Me .
”

Bills to ban police use of chokeholds and tear gas, create a state database of officer misconduct, require cops to stop the misconduct of other officers and report it, and a new task force to recommend further legislation all headed to the governor’s desk Friday.
SALEM, Ore. (CN) — Bills to ban police use of chokeholds and tear gas, create a state database of officer misconduct, require cops to stop the misconduct of other officers and report it, and a new task force to recommend further legislation all headed to the governor’s desk Friday.
Oregon Governor Kate Brown called a special session of the Legislature, mostly in response to widespread protests that have gathered thousands nightly in Portland and across the state in the month since a white police officer killed George Floyd in Minneapolis by kneeling on his neck for nearly nine minutes.
“It will take far more work to set our state on a path toward racial justice, but these are very important steps forward,” Brown said in a statement Friday night. She is expected to sign the bills into law.
Bills banning tear gas and chokeholds were weakened by amendments, allowing police to use chokeholds under circumstances that justify deadly force, and allowing tear gas and acoustic weapons when police have declared a riot.
Portland police last declared a riot May 29, the first of nearly a month of nightly protests in Portland in the movement for black lives. That night, protesters marched downtown from Peninsula Park in northeast Portland to rally around the Multnomah County Justice Center.
A handful of protesters broke the front windows and threw fireworks inside. Several small fires started, which were quickly extinguished by the building’s sprinkler system, as riot cops emerged from inside the building to push protesters back down the steps.
Every night since then, large crowds have amassed in front of the building, where police guard the internal perimeter of a chainlink fence, under the glare of floodlights.
Since then, police have often declared a civil disturbance before using tear gas, pepper spray, rubber bullets and swinging batons to push the crowds back. They have fired indiscriminately at peaceful protesters, and on several occasions pepper sprayed journalists and hit them with batons.
Despite their continued heavy use of force and chemical weapons, Portland Police spokeswoman Melissa Newhard said police have not declared a riot since that first night.
Speaking on a bill that would create a statewide database making police disciplinary records public, Rep. Lawrence Spence said Friday that Oregonians deserve access to the records of officers “who hold great authority in our communities.”
“This bill is the first step in a long line of many steps needed to affirm the proclamation that black lives matter,” said Spence, a member of the House Democratic People of Color Caucus. “It gives us the ability to see patterns, to see who is unfit to serve ‘we the people.’”
The Legislature also passed bills that will extend a moratorium on evictions due to the Covid-19 pandemic and bar mortgage foreclosures for the same reason. Missed payments will be due at the end of the loan.
Lawmakers also passed a bill that bars arbitrators from reversing disciplinary decisions in police misconduct cases.
Under current laws, Portland police fired for killing unarmed black people or found to have engaged in racist harassment have had their jobs reinstated by sympathetic arbitrators.
That’s what happened in high-profile police abuse cases like the 2003 fatal shooting of Kendra James, an unarmed, 21-year-old black woman in a traffic stop, the 2010 shooting of 25-year-old Aaron Campbell, who was killed after his mother asked police to check on her son, and in the aftermath of an infamous 1981 incident where two white Portland police officers admitted to leaving dead possums outside the Burger Barn, a popular black-owned restaurant.
In the 1981 incident, protests erupted, and the officers involved were fired. But later, an arbitrator reinstated their jobs with back pay. The restaurant’s owners, George and Geraldine Powe, sued saying they were afraid for their safety as police continued to harass them.
They asked for $3.8 million and an injunction banning police policies and practices of racial discrimination and harassment. They wanted a plan to force the bureau to adopt training and police oversight. They ended up agreeing to a settlement of $64,000.
In a speech on Friday that closed out the special session, Sen. James Manning Jr., a black Democrat from Eugene, said the bills were a start.
“They are accountability bills and I agree with other speakers that some do not go far enough,” he said.
He later described an experience of racial profiling when he was a young boy walking with friends. He said a cop pulled over and accused him of breaking into parking meters with a hammer. Manning said the cop arrested him, put him in the back of the police car, and later shoved a gloved hand down the back of his pants.
“When we talk about the fear of people who look like me dealing with police officers,” Manning Jr. said, “that was the experience of a kid in elementary school. Me.”


courthousenews--2020-06-27--Judge Orders ICE to Release Immigrant Children Amid Viral Pandemic

( CN ) — In response to worsening health conditions inside ICE facilities resulting from Covid-19 , a California judge has ordered the agency to release immigrant children who have been held for more than 20 days .
U.S. District Judge Dolly Gee , an Obama appointee , has recently heard reports from federal court monitors that are assisting the judge in carrying out a landmark 1997 settlement that set national standards for the detention , release and treatment of all immigrant children in federal custody detail .
The reports , which detail worsening health conditions inside U.S. Immigration and @ @ @ @ @ @ @ granting sponsors approval to receive youth in their homes , led the judge Friday night to order the agency to release immigrant children who have been held for more than 20 days in ICE Family Residential Centers .
The Central District of California judge said that recent health developments inside the facilities justify this move , even if some strides have been made in safeguarding and reducing the populations of ICE detainees .
“ Although progress has been made , the Court is not surprised that COVID19 has arrived at both the FRCs @ @ @ @ @ @ @ have warned all along that individuals living in congregate settings are more vulnerable to the virus , ” Gee wrote in Friday ’ s order .
The judge notes that as of June 25th , at least 11 people detained at a facility in Karnes City , Texas have been diagnosed with the coronavirus while another facility in South Texas has seen at least four employees test positive .
These are potentially dire developments in the spread of Covid-19 in ICE detention facilities , with the reports noting that the FRCs are “ @ @ @ @ @ @ @ are simply no longer going to cut it .
Documents show that these challenges also relate to how the Office of Refugee Resettlement has managed youth sponsor approval , with arguments being made that they maintain an onerous approval chain for a sponsor to obtain a fingerprinting waiver .
This process , according to documents , may result in the extended detention of an individual who may otherwise be releasable under the Reno v. Flores settlement .
In light of these developments , Gee has ordered that the children who have resided at @ @ @ @ @ @ @ are to be moved to non-congregate settings by one of two ways .
The first is that ICE can release minors to available and suitable sponsors , or potentially other non-congregate settings that are available and Covid-19-free , provided that there is consent from their adult guardians or parents .
The second is that ICE can also release the minors with their guardians or parents themselves in the event that the agency orders , or another court determines , that the conditions at their respective facilities justify the transfer of those adults to @ @ @ @ @ @ @ legal proceedings .
This is not the first time that Gee has issued directives at ICE in response to their handling of Covid-19 in their detention facilities .
In April , Gee ruled that children held by the agency who have an immediate relative — or relatives through legal marriage — or other sponsor that can care for were to be released .
While the judge has ordered ICE to follow these guidelines as deliberately and safely as possible , she also directs the agency to ensure that while these plans are being @ @ @ @ @ @ @ to ensure the safety of their detainees .
“ While the above should be undertaken with all deliberate speed , in the meantime , ICE must also urgently implement the protocols recommended by the CDC , rather than hiding behind unevenly implemented written protocols , in order to comply with its obligation to provide safe and sanitary conditions for Class Members , ” Gee wrote .
Gee said that this starts with social distancing .
According to the order , ICE should ensure that all of the available space within FRCs need to @ @ @ @ @ @ @ ensure safe social distancing guidelines , and that living quarters , bathroom facilities and eating areas should be made compatible with proper social distancing protocols .
The judge said that bathing and eating schedules , as well as spaced residential assignments , should also be carried out as quickly as possible to promote safe social distance among detainees .
Gee said that masking and testing also need to be integral parts of how ICE conducts itself while it follows Friday ’ s directive .
She recommends that masking protocols need to be reinforced @ @ @ @ @ @ @ that may include increased ICE staff training , and that more testing opportunities need to be taken advantage of to help manage the spread of a dangerous and easily spreadable virus .

In response to worsening health conditions inside ICE facilities resulting from Covid-19, a California judge has ordered the agency to release immigrant children who have been held for more than 20 days.
(CN) — In response to worsening health conditions inside ICE facilities resulting from Covid-19, a California judge has ordered the agency to release immigrant children who have been held for more than 20 days.
U.S. District Judge Dolly Gee, an Obama appointee, has recently heard reports from federal court monitors that are assisting the judge in carrying out a landmark 1997 settlement that set national standards for the detention, release and treatment of all immigrant children in federal custody detail.
The reports, which detail worsening health conditions inside U.S. Immigration and Customs Enforcement facilities and unnecessary delays in granting sponsors approval to receive youth in their homes, led the judge Friday night to order the agency to release immigrant children who have been held for more than 20 days in ICE Family Residential Centers.
The Central District of California judge said that recent health developments inside the facilities justify this move, even if some strides have been made in safeguarding and reducing the populations of ICE detainees.
“Although progress has been made, the Court is not surprised that COVID19 has arrived at both the FRCs and ORR facilities, as health professionals have warned all along that individuals living in congregate settings are more vulnerable to the virus,” Gee wrote in Friday’s order.
The judge notes that as of June 25, at least 11 people detained at a facility in Karnes City, Texas, have been diagnosed with the coronavirus while another facility in South Texas has seen at least four employees test positive. These are potentially dire developments in the spread of Covid-19 in ICE detention facilities, with the reports noting that the FRCs are “on fire” and that half measures are simply no longer going to cut it.
Documents show that these challenges also relate to how the Office of Refugee Resettlement has managed youth sponsor approval, with arguments being made that they maintain an onerous approval chain for a sponsor to obtain a fingerprinting waiver. This process, according to documents, may result in the extended detention of an individual who may otherwise be releasable under the Reno v. Flores settlement.
In light of these developments, Gee has ordered that the children who have resided at an FRCs for more than 20 days are to be moved to non-congregate settings by one of two ways.
The first is that ICE can release minors to available and suitable sponsors, or potentially other non-congregate settings that are available and Covid-19-free, provided that there is consent from their adult guardians or parents.
The second is that ICE can also release the minors with their guardians or parents themselves in the event that the agency orders, or another court determines, that the conditions at their respective facilities justify the transfer of those adults to other non-congregate settings while they go through legal proceedings.
This is not the first time that Gee has issued directives at ICE in response to their handling of Covid-19 in their detention facilities. In April, Gee ruled that children held by the agency who have an immediate relative — or relatives through legal marriage — or other sponsor that can care for were to be released.
While the judge has ordered ICE to follow these guidelines as deliberately and safely as possible, she also directs the agency to ensure that while these plans are being implemented, it does everything they can to ensure the safety of their detainees.
“While the above should be undertaken with all deliberate speed, in the meantime, ICE must also urgently implement the protocols recommended by the CDC, rather than hiding behind unevenly implemented written protocols, in order to comply with its obligation to provide safe and sanitary conditions for Class Members,” Gee wrote.
Gee said that this starts with social distancing. According to the order, ICE should ensure that all of the available space within FRCs need to be utilized to their fullest potential to ensure safe social distancing guidelines, and that living quarters, bathroom facilities and eating areas should be made compatible with proper social distancing protocols.
The judge said that bathing and eating schedules, as well as spaced residential assignments, should also be carried out as quickly as possible to promote safe social distance among detainees.
Gee said that masking and testing also need to be integral parts of how ICE conducts itself while it follows Friday’s directive.
She recommends that masking protocols need to be reinforced at all possible times, potentially some that may include increased ICE staff training, and that more testing opportunities need to be taken advantage of to help manage the spread of a dangerous and easily spreadable virus.


courthousenews--2020-06-27--Alaska Native Corporations Owed Share of Covid-19 Emergency Aid, Judge Rules

WASHINGTON ( CN ) — Corporations operating for-profit and providing health care to Alaskan Natives deserve a share of the $ 8 billion Congress set aside for tribal governments during the coronavirus pandemic , a federal judge in Washington ruled Friday .
U.S. District Judge Amit Mehta had originally blocked the Treasury Department from sending money out to the Alaska Native Corporations after twelve tribes fired off lawsuits arguing the private organizations do not operate as tribal governments .
But the Obama appointee reversed course Friday , ruling the ANCs fall in line with the CARES Act definition of tribal @ @ @ @ @ @ @ coronavirus funds .
“ It stands to reason that Congress , in its effort to distribute emergency funds quickly to Indians under the CARES Act , intended to get those dollars in the hands of the same entities that deliver public services to Indians .
In the lower 48 states , those entities are largely Tribal governments in the traditional sense , but in Alaska , those entities include Alaska Native village and regional corporations , ” Mehta wrote .
The judge made clear in his 36-page opinion that the decision in no @ @ @ @ @ @ @ , ” or sets them up to compete with federally recognized tribes for other funding , as the plaintiffs had expressly feared .
“ The court ’ s decision simply recognizes that ANCs are eligible for CARES Act funds , as Congress intended—no more , no less , ” the judge wrote .
The decision was not an easy one .
The judge had expressed concern on several teleconference hearings over the months-long delay for both parties , as Native communities hard hit by Covid-19 suffered severe shortages in medical equipment and other @ @ @ @ @ @ @ .
“ This case does not present easy , straightforward questions of statutory interpretation , ” Mehta wrote .
“ The court has wrestled with them.
” The tribes , led by the Confederated Tribes of the Chehalis Reservation , had argued that ANCs are not recognized as tribal governments .
But the judge concluded that the “ recognition ” was not a term of art in the CARES Act .
“ It would be passing strange to exclude ANCs so obliquely , and the court can not presume that Congress intended such @ @ @ @ @ @ @ The Treasury Department in oral arguments had agreed that ANCs have never satisfied the definition of tribal government , an irony the judge noted .
The government instead contended the private organizations were exempt from satisfying the eligibility clause to collect Covid-19 relief funds .
“ That interpretation , the Secretary claims , is faithful to congressional design , ” the judge wrote , “ because the Confederated Tribes ’ alternative reading , if accepted , would render the listing of ANCs in the ISDEAA definition surplusage and defeat Congress ’ s intent @ @ @ @ @ @ @ contracts.
” Attorneys for both tribes bringing the case decided Friday and ANCS acting as an intervening party did not immediately respond to requests for comment on the ruling .

Corporations operating for-profit and providing health care to Alaskan Natives deserve a share of the $8 billion Congress set aside for tribal governments during the coronavirus pandemic, a federal judge in Washington ruled Friday.
WASHINGTON (CN) — Corporations operating for-profit and providing health care to Alaskan Natives deserve a share of the $8 billion Congress set aside for tribal governments during the coronavirus pandemic, a federal judge in Washington ruled Friday.
U.S. District Judge Amit Mehta had originally blocked the Treasury Department from sending money out to the Alaska Native Corporations after 12 tribes fired off lawsuits arguing that casino operators and other the private organizations do not operate as tribal governments.
But the Obama appointee reversed course Friday, ruling the ANCs fall in line with the CARES Act definition of tribal governments and are thus eligible for emergency coronavirus funds.
“It stands to reason that Congress, in its effort to distribute emergency funds quickly to Indians under the CARES Act, intended to get those dollars in the hands of the same entities that deliver public services to Indians. In the lower 48 states, those entities are largely Tribal governments in the traditional sense, but in Alaska, those entities include Alaska Native village and regional corporations,” Mehta wrote.
The judge made clear in his 36-page opinion that the decision in no way elevates ANCs to “super-tribal status,” or sets them up to compete with federally recognized tribes for other funding, as the plaintiffs had expressly feared.
“The court’s decision simply recognizes that ANCs are eligible for CARES Act funds, as Congress intended — no more, no less,” the judge wrote.
The decision was not an easy one. The judge had expressed concern on several teleconference hearings over the monthslong delay for both parties, as Native communities hard hit by Covid-19 suffered severe shortages in medical equipment and other critical supplies waiting on the relief funds.
“This case does not present easy, straightforward questions of statutory interpretation,” Mehta wrote. “The court has wrestled with them.”
The tribes, led by the Confederated Tribes of the Chehalis Reservation, had argued that ANCs are not recognized as tribal governments. But the judge concluded that the “recognition” was not a term of art in the CARES Act.
“It would be passing strange to exclude ANCs so obliquely, and the court cannot presume that Congress intended such a result,” Mehta wrote.
The Treasury Department in oral arguments had agreed that ANCs have never satisfied the definition of tribal government, an irony the judge noted.
The government instead contended the private organizations were exempt from satisfying the eligibility clause to collect Covid-19 relief funds.
“That interpretation, the Secretary claims, is faithful to congressional design,” the judge wrote, “because the Confederated Tribes’ alternative reading, if accepted, would render the listing of ANCs in the ISDEAA definition surplusage and defeat Congress’s intent to make ANCs eligible for ISDEAA self-determination contracts.”
Attorneys for both tribes bringing the case decided Friday and the ANCs that intervened in the case did not respond to requests for comment.


courthousenews--2020-06-27--Trump Family Asks Second Court to Block Tell-All Book

( CN ) – Hours after the refiling of a lawsuit to block the president ’ s niece Mary Trump from publishing her tell-all book , publisher Simon & Schuster fired back on Friday with a letter telling the new judge that such a ruling would be “ plainly an unconstitutional prior restraint.
” “ Such a restraint is the ‘ most serious and the least tolerable infringement on First Amendment rights ’ … in the American republic , ” the publisher ’ s attorney Elizabeth McNamara wrote in a two-page letter .
Since the Supreme Court ’ s landmark @ @ @ @ @ @ @ publish the Pentagon Papers , courts have imposed an extraordinarily high bar for censorship in advance of publication .
President Trump and his brother have been pushing to weaken that precedent .
Shortly after Trump sued to block former Secretary of State John Bolton ’ s book “ The Room Where It Happened , ” his brother Robert Trump sought to do the same with Mary Trump ’ s “ Too Much and Never Enough : How My Family Created the World ’ s Most Dangerous Man.
” The first salvo in Robert @ @ @ @ @ @ @ Thursday after a Queens judge dismissed the lawsuit .
After the president ’ s father Fred Trump died , then-private citizen Donald Trump , his brother Robert Trump and Mary Trump signed a settlement agreement said to include a non-disclosure agreement in Queens Surrogate ’ s Court in 2001 .
The surrogate presiding over matters involving that estate , however , found more than a simple inheritance matter at play .
“ The irrefutable conclusion is , regardless of the outcome of this matter , the administration of this estate will not be @ @ @ @ @ @ @ Peter Kelley ’ s ruling stated .
A Dutchess County resident , Robert Trump refiled a nearly identical lawsuit on home turf the next day , characterizing weighty free-speech issues as a distraction .
“ No case holds that an otherwise enforceable agreement among family members not to comment about their relationship suddenly violates the First Amendment just because one of those family members later enters politics , ” Trump ’ s attorney Charles Harder wrote in a 14-page memo .
“ Regardless of Mr. Trump ’ s efforts to make this seem @ @ @ @ @ @ @ of a confidentiality provision in a settlement agreement – to which Simon & Schuster is not a party – the relief he requests is among the most extraordinary remedies a litigant can request under the law , a prior restraint of speech on a matter of public interest , ” McNamara , from the firm Davis Wright Tremaine , ” wrote .
Mary Trump ’ s lawyer Anne Champion , from Gibson Dunn , called the demand to block the book just months before a presidential election “ extraordinary.
” “ The First @ @ @ @ @ @ @ right to participate in the electoral debate by writing and having published her work concerning the President ’ s character and fitness for office , and it independently protects the right of defendant Simon & Schuster , Inc. , to publish it as well , ” Champion wrote .
With Mary Trump ’ s tell-all hitting bookstores next month , Robert Trump is trying to avoid his brother ’ s fate in his quest against Bolton .
A federal judge in that case refused to issue a restraining order after copies of the @ @ @ @ @ @ @ .
“ With hundreds of thousands of copies around the globe — many in newsrooms — the damage is done , ” U.S. District Judge Royce Lambert wrote last weekend .
“ There is no restoring the status quo.
” “ Too Much and Never Enough ” is scheduled for release on July 28 .

Hours after the refiling of a lawsuit to block the president’s niece Mary Trump from publishing her tell-all book, publisher Simon & Schuster fired back on Friday with a letter telling the new judge that such a ruling would be “plainly an unconstitutional prior restraint.”
(CN) — Hours after the refiling of a lawsuit to block the president’s niece Mary Trump from publishing her tell-all book, publisher Simon & Schuster fired back on Friday with a letter telling the new judge that such a ruling would be “plainly an unconstitutional prior restraint.”
“Such a restraint is the ‘most serious and the least tolerable infringement on First Amendment rights’ … in the American republic,” the publisher’s attorney Elizabeth McNamara wrote in a two-page letter.
Since the Supreme Court’s landmark ruling allowing the New York Times to publish the Pentagon Papers, courts have imposed an extraordinarily high bar for censorship in advance of publication. President Trump and his brother have been pushing to weaken that precedent.
Shortly after Trump sued to block former Secretary of State John Bolton’s book “The Room Where It Happened,” his brother Robert Trump sought to do the same with Mary Trump’s “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man.”
The first salvo in Robert Trump’s legal offensive failed on Thursday after a Queens judge dismissed the lawsuit.
After the president’s father Fred Trump died, then-private citizen Donald Trump, his brother Robert Trump and Mary Trump signed a settlement agreement said to include a non-disclosure agreement in Queens Surrogate’s Court in 2001. The surrogate presiding over matters involving that estate, however, found more than a simple inheritance matter at play.
“The irrefutable conclusion is, regardless of the outcome of this matter, the administration of this estate will not be impacted one iota,” Surrogate Judge Peter Kelley’s ruling stated.
A Dutchess County resident, Robert Trump refiled a nearly identical lawsuit on home turf the next day, characterizing weighty free-speech issues as a distraction.
“No case holds that an otherwise enforceable agreement among family members not to comment about their relationship suddenly violates the First Amendment just because one of those family members later enters politics,” Trump’s attorney Charles Harder wrote in a 14-page memo.
Simon & Schuster’s lawyers describe Robert Trump’s litigation position as evasive.
“Regardless of Mr. Trump’s efforts to make this seem like a small dispute about the breach of a confidentiality provision in a settlement agreement – to which Simon & Schuster is not a party – the relief he requests is among the most extraordinary remedies a litigant can request under the law, a prior restraint of speech on a matter of public interest,” McNamara, from the firm Davis Wright Tremaine,” wrote.
Mary Trump’s lawyer Anne Champion, from Gibson Dunn, called the demand to block the book just months before a presidential election “extraordinary.”
"The First Amendment unquestionably protects Ms. Trump's right to participate in the electoral debate by writing and having published her work concerning the President's character and fitness for office, and it independently protects the right of defendant Simon & Schuster, Inc., to publish it as well," Champion wrote.
With Mary Trump’s tell-all hitting bookstores next month, Robert Trump is trying to avoid his brother’s fate in his quest against Bolton. A federal judge in that case refused to issue a restraining order after copies of the memoirs had been shipped and excerpted widely.
“With hundreds of thousands of copies around the globe — many in newsrooms — the damage is done,” U.S. District Judge Royce Lambert wrote last weekend. “There is no restoring the status quo.”
“Too Much and Never Enough” is scheduled for release on July 28.


courthousenews--2020-06-27--Roger Stone Ordered to Report to Prison July 14

WASHINGTON ( CN ) — A federal judge on Friday granted Roger Stone two extra weeks before he must report to prison , after the convicted confidant of President Donald Trump requested a delay due to the coronavirus pandemic .
Stone will now report to prison on July 14 under the order from U.S. District Judge Amy Berman Jackson .
Stone had requested a delay through Sept. 3 “ in light of his heightened risk of serious medical consequences from exposure to the Covid-19 virus.
” The order from Jackson puts the start date on Stone ’ s 40-month prison @ @ @ @ @ @ @ originally planned , according to the order .
The order is accompanied by an opinion filed under seal , but Jackson ’ s order notes the document could be “ unsealed in its entirety ” because it does not include private medical information about Stone .
Stone asked for the delay earlier this week , citing both his age and underlying medical conditions that put him at higher risk of Covid-19 .
Stone was sentenced to 40 months in prison in February after being convicted of lying to Congress , obstruction of justice @ @ @ @ @ @ @ speculation , fueled in large part by Trump ’ s Twitter feed , that Stone is in line for a presidential pardon .
Amid widespread concerns over the ability of prisons to implement social distancing and testing regimes necessary to slow the spread of Covid-19 , multiple high-profile defendants have moved to be released from prison to home confinement early out of concern for their safety .
According to the Bureau of Prisons , Federal Correctional Institution Jesup , where Stone would serve his sentence , does not have any confirmed cases of @ @ @ @ @ @ @ more than 6,300 inmates have tested positive , according to the Bureau of Prisons website .

A federal judge on Friday granted Roger Stone two extra weeks before he must report to prison, after the convicted confidant of President Donald Trump requested a delay due to the coronavirus pandemic.
WASHINGTON (CN) — A federal judge on Friday granted Roger Stone two extra weeks before he must report to prison, after the convicted confidant of President Donald Trump requested a delay due to the coronavirus pandemic.
Stone will now report to prison on July 14 under the order from U.S. District Judge Amy Berman Jackson. Stone had requested a delay through Sept. 3 “in light of his heightened risk of serious medical consequences from exposure to the Covid-19 virus.”
The order from Jackson puts the start date on Stone’s 40-month prison sentence a full 75 days later than originally planned, according to the order. The order is accompanied by an opinion filed under seal, but Jackson’s order notes the document could be “unsealed in its entirety” because it does not include private medical information about Stone.
Stone asked for the delay earlier this week, citing both his age and underlying medical conditions that put him at higher risk of Covid-19.
Stone was sentenced to 40 months in prison in February after being convicted of lying to Congress, obstruction of justice and witness tampering. There is widespread speculation, fueled in large part by Trump’s Twitter feed, that Stone is in line for a presidential pardon.
Amid widespread concerns over the ability of prisons to implement social distancing and testing regimes necessary to slow the spread of Covid-19, multiple high-profile defendants have moved to be released from prison to home confinement early out of concern for their safety.
According to the Bureau of Prisons, Federal Correctional Institution Jesup, where Stone would serve his sentence, does not have any confirmed cases of Covid-19. Across all federal prisons, more than 6,300 inmates have tested positive, according to the Bureau of Prisons website.


courthousenews--2020-06-27--Protesters, ACLU Sue Richmond Police Over Use of Tear Gas

RICHMOND , Va. ( CN ) — “ Who brings flash bombs to a fucking sleepover ?
” shouted protesters , according to local student journalists , as Richmond police hurled crowd dispersal tools , including tear gas into the Virginia Student Power Network ’ s late night teach-in in the street in front of Richmond ’ s city hall .
Only minutes before , the student groups were talking about Angela Davis and W.E.B .
Du Bois as dozens of officers in riot gear gathered to the east .
As protesters settled in with a projector screen and a @ @ @ @ @ @ @ This is been deemed an unlawful assembly .
Please disperse .
Failure to disperse will result in arrest and/or exposure to chemical agents.
” Video shows a haze of poison gas as students scrambled , screaming obscenities at the approaching , militarized officers of the law .
A statement from Richmond police reported 12 arrests .
Police reported one officer was hit in the arm by a “ hickory stick ” and treated for injuries on site .
The breakup of the protest happened around 1 a.m. Monday , June 22 , about @ @ @ @ @ @ @ Black Lives Matter protests , which erupted in the wake of George Floyd ’ s death .
But activists , now armed with lawyers from the Virginia chapter of the American Civil Liberties Union , are asking a Richmond City Circuit Judge to block the use of chemical agents as well as the controversial anti-riot law that has been a benchmark of the cop ’ s efforts to break the nightly demonstrations .
“ Being black , I was taught to be respectful [ to police ] , but not because they were @ @ @ @ @ @ @ Maloney , a 19-year-old college student and organizer with the Virginia Student Power Network .
Maloney is acting as a witness in the case .
She has attended and organized protests in the city since the first Friday that saw the city explode in a mix of anti-police anger and property damage .
Destructive protests that first weekend opened the door to an aggressive police response Sunday night .
And Monday , while protesters sat peacefully at the foot of a monument dedicated to Confederate General Robert E. Lee , they were tear @ @ @ @ @ @ @ a lawsuit in federal court for that blunder , and the police response had mellowed in the weeks since , but the teach-in at city hall saw a return to aggressive tactics which Maloney says are only harming people and giving them more of a reason to stand up .
“ It ’ s one thing for people to say ‘ Give me liberty or give me death , ’ it ’ s another to put your physical body between you and your community , ” she said .
While emotions have run @ @ @ @ @ @ @ teach-in outburst helped focus Claire Guthrie Gastañaga , executive director for the state ’ s ACLU chapter .
She said she ’ d been looking for a way to support protesters in light of the city ’ s brutal response , and the extended use of the unlawful assembly law opened that door .
“ These students were sitting down , eating hot dogs and watching a move , when the police moved in , screamed ‘ unlawful assembly ’ and started tear gassing everybody , ” she said in a phone interview @ @ @ @ @ @ @ Gastañaga said the state ’ s use of the 70-year-old law , they argue , is breaking up an otherwise legal exercise of the student group ’ s First Amendment rights .
“ The law says there has to be a clear and imminent threat of violence , ” she said .
“ And it didn ’ t look like there was one that night.
” Specifics in the complaint point to a tweet sent out ahead of the tear gassing to buff the protester ’ s argument .
“ The RPD ’ @ @ @ @ @ @ @ unlawful elements of the assembly included only ‘ sit-ins , sit-downs , blocking traffic , blocking entrances or exits of buildings that impact public safety or infrastructure , ’ ” ACLU attorney Eden Heilman wrote .
“ This plainly does not constitute an unlawful assembly under the Virginia statute , let alone rise to the required ‘ clear and present danger of violent conduct ’ threshold permitting the declaration of an unlawful assembly.
” The complaint asks for the city and state police to stop using the law , as well as end @ @ @ @ @ @ @ find the student ’ s rights were violated .
In a statement sent to Courthouse News , a Richmond Police spokesman said their policy is to not to comment on pending lawsuits .
William Smith , the former chief of Richmond Police is among those named as defendants in the case .
He ’ s since resigned following the initial peaceful protest that was tear gassed earlier in the month .
Maloney doesn ’ t seem too concerned about what the courts think – while she hopes they ’ ll find in the @ @ @ @ @ @ @ attitude has changed since all this began .
Even though she ’ s been protesting with BLM since she was 14-years-old , she ’ s still finding new ways to feel safe with the people around her , and with those she wasn ’ t raised to respect out of fear .
“ I have a different outlook now , ” she said .
“ The care I ’ ve been given by my fellow protesters , organizers and community members right now is more safe to me than being in an over @ @ @ @ @ @ @ are also seeking an immediate injunction blocking the use of the unlawful assembly law as early as Friday night .
ACLU lawyers were waiting at the courthouse but haven ’ t heard back as of press time .

“Who brings flash bombs to a fucking sleepover?” shouted protesters, according to local student journalists, as Richmond police hurled crowd dispersal tools, including tear gas into the Virginia Student Power Network’s late night teach-in in the street in front of Richmond’s city hall.
RICHMOND, Va. (CN) — “Who brings flash bombs to a fucking sleepover?” shouted protesters, according to local student journalists, as Richmond police hurled tear gas and other crowd-dispersal tools into the Virginia Student Power Network’s late night teach-in in the street in front of Richmond’s city hall.
Only minutes before, the student groups were talking about Angela Davis and W.E.B. Du Bois as dozens of officers in riot gear gathered to the east. As protesters settled in with a projector screen and a flick, a loudspeaker erupted: “This is been deemed an unlawful assembly. Please disperse. Failure to disperse will result in arrest and/or exposure to chemical agents.”
Video shows a haze of poison gas as students scrambled, screaming obscenities at the approaching, militarized officers of the law. A statement from Richmond police reported 12 arrests. Police reported one officer was hit in the arm by a “hickory stick” and treated for injuries on site.
The breakup of the protest happened around 1 a.m. Monday, June 22, about 3 weeks into the town’s Black Lives Matter protests, which erupted in the wake of George Floyd’s death.
But activists, now armed with lawyers from the Virginia chapter of the American Civil Liberties Union, are asking a Richmond City Circuit Judge to block the use of chemical agents as well as the controversial anti-riot law that has been a benchmark of the cop’s efforts to break the nightly demonstrations.
“Being black, I was taught to be respectful [to police], but not because they were here to help,” said Taylor Maloney, a 19-year-old college student and organizer with the Virginia Student Power Network.
Maloney is acting as a witness in the case. She has attended and organized protests in the city since the first Friday that saw the city explode in a mix of anti-police anger and property damage. Destructive protests that first weekend opened the door to an aggressive police response Sunday night. And Monday, while protesters sat peacefully at the foot of a monument dedicated to Confederate General Robert E. Lee, they were tear gassed again.
The city is facing a lawsuit in federal court for that blunder, and the police response had mellowed in the weeks since, but the teach-in at city hall saw a return to aggressive tactics which Maloney says are only harming people and giving them more of a reason to stand up.
“It’s one thing for people to say 'Give me liberty or give me death,' it's another to put your physical body between you and your community,” she said.
While emotions have run high since the demonstrations began, the teach-in outburst helped focus Claire Guthrie Gastañaga, executive director for the state’s ACLU chapter. She said she’d been looking for a way to support protesters in light of the city’s brutal response, and the extended use of the unlawful assembly law opened that door.
“These students were sitting down, eating hot dogs and watching a move, when the police moved in, screamed ‘unlawful assembly’ and started tear gassing everybody,” she said in a phone interview following the filing of the complaint.
Gastañaga said the state’s use of the 70-year-old law, they argue, is breaking up an otherwise legal exercise of the student group’s First Amendment rights.
“The law says there has to be a clear and imminent threat of violence,” she said. “And it didn’t look like there was one that night.”
Specifics in the complaint point to a tweet sent out ahead of the tear gassing to buff the protester’s argument.
“The RPD’s own official Twitter account asserted the unlawful elements of the assembly included only 'sit-ins, sit-downs, blocking traffic, blocking entrances or exits of buildings that impact public safety or infrastructure,'” ACLU attorney Eden Heilman wrote.
“This plainly does not constitute an unlawful assembly under the Virginia statute, let alone rise to the required 'clear and present danger of violent conduct' threshold permitting the declaration of an unlawful assembly.”
The complaint asks for the city and state police to stop using the law, as well as end the use of tear gas and to find the student’s rights were violated.
In a statement sent to Courthouse News, a Richmond Police spokesman said their policy is to not to comment on pending lawsuits.
William Smith, the former chief of Richmond Police is among those named as defendants in the case. He’s since resigned following the initial peaceful protest that was tear gassed earlier in the month.
Maloney doesn’t seem too concerned about what the courts think - while she hopes they’ll find in the student group’s favor, her attitude has changed since all this began. Even though she’s been protesting with BLM since she was 14-years-old, she’s still finding new ways to feel safe with the people around her, and with those she wasn’t raised to respect out of fear.
“I have a different outlook now,” she said. “The care I’ve been given by my fellow protesters, organizers and community members right now is more safe to me than being in an over policed area of Richmond.”
The protesters are also seeking an immediate injunction blocking the use of the unlawful assembly law as early as Friday night. ACLU lawyers were waiting at the courthouse but haven’t heard back as of press time.