courthousenews--2020-12-02--Women’s Team, US Soccer Settle Part of Their Lawsuit

( CN ) — U.S. women ’ s national team players and the U.S. Soccer Federation settled their long-running lawsuit over inequitable working conditions with the men ’ s team while leaving their dispute over unequal pay for additional litigation .
The parties filed a redacted public notice of the settlement with the federal court in Los Angeles on Tuesday while providing the complete agreement to U.S. District Judge R. Gary Klausner .
The deal with the world champion American women and the sport ’ s U.S. governing body calls for charter flights , hotel accommodations , venue selection and @ @ @ @ @ @ @ the men ’ s national team .
“ I hope that the women and their lawyers see that we are taking a new approach , ” said Cindy Parlow Cone , a former player who became the first woman as USSF president in March .
“ We want the women ’ s team as well as their lawyers to see that we want to move in a different direction , ” Parlow Cone said .
“ We want to have a different relationship with them .
We want to work together .
And @ @ @ @ @ @ @ see that .
And we have to continue down this path.
” Players sued the USSF in March 2019 claiming they have not been paid equitably under their collective bargaining agreement that runs through December 2021 , compared to what the men ’ s team receives under its agreement that expired in December 2018 .
The women asked for more than $ 66 million in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964 .
Klausner dismissed the pay claim in May , ruling the women @ @ @ @ @ @ @ one in the men ’ s agreement and accepted greater base salaries and benefits than the men , who failed to qualify for the 2018 World Cup .
But Klausner allowed aspects of their allegations of discriminatory working conditions to be put to trial , which had been scheduled for next month .
With those issues settled , the players may now ask the 9th U.S .
Circuit Court of Appeals to restore the wage claims .
“ We are pleased that the USWNT players have fought for — and achieved — long @ @ @ @ @ @ @ ’ spokeswoman Molly Levinson said .
“ We now intend to file our appeal to the court ’ s decision , which does not account for the central fact in this case that women players have been paid at lesser rates than men who do the same job .
“ We remain as committed as ever to our work to achieve the equal pay that we legally deserve .
Our focus is on the future and ensuring we leave the game a better place for the next generation of women who will play @ @ @ @ @ @ @ The lawsuit got international attention .
Following the U.S. victory in last year ’ s World Cup final in Lyon , France , the crowd chanted “ Equal Pay !
” as players celebrated on the field .
In May , then-presidential candidate Joe Biden posted to Twitter : “ To @ USWNT : don ’ t give up this fight .
This is not over yet .
To @ ussoccer : equal pay , now .
Or else when I ’ m president , you can go elsewhere for World Cup funding @ @ @ @ @ @ @ ’ s World Cup , set to be co-hosted by the United States , Mexico and Canada .
After the USSF argued in court documents that women lacked the skills and responsibilities of their male counterparts , sponsors criticized the federation .
Federation President Carlos Cordeiro resigned in March and was replaced by Parlow Cone until the regular election for a four-year term in 2022 .
Parlow Cone said she hopes the agreement leads to settlement of remaining issues .
“ The players ’ association shares the plaintiffs ’ satisfaction that long unequal @ @ @ @ @ @ @ , ” the women ’ s union said in a statement .
“ The PA also shares the plaintiffs ’ commitment to achieving equal pay for equal work and to making soccer better for the next generation of players.
” The USSF agreed to provide equal resources to both the men ’ s and women ’ s teams for chartered flights .
The federation also will maintain comparable budgets for accommodations and ensure the women stay in top-quality hotels .
Will Wilson , who started as USSF CEO in March , said working @ @ @ @ @ @ @ to those of the next labor contract with the men .
USSF will ensure that playing surfaces and venues for women ’ s matches under its control will be similar to those of the men , an issue that arose when the women refused to play a 2015 exhibition against Trinidad and Tobago on artificial turf in Honolulu .
FIFA scheduled the 2015 Women ’ s World Cup in Canada on artificial turf but the men ’ s World Cup has been played exclusively on grass .
The federation will provide equal support @ @ @ @ @ @ @ and women ’ s teams .
“ Coming to agreement on the working conditions was just the first step , ” Parlow Cone said .
“ The goal for both sides in this was to really define a more structured way to provide both teams , the men and the women , with equitable support , also allowing for flexibility at the same time.
” The federation has argued that it can not pay the women World Cup bonuses matching those of the men because of vastly dissimilar bonus payments for men ’ @ @ @ @ @ @ @ to federations by FIFA , soccer ’ s world governing body .
FIFA awarded $ 400 million in prize money for the 2018 men ’ s World Cup , including $ 38 million to champion France , and $ 30 million for last year ’ s Women ’ s World Cup , including $ 4 million to the U.S. after the Americans won their second straight title .
FIFA increased the total to $ 440 million for the 2022 men ’ s World Cup and FIFA President Gianni Infantino has proposed FIFA double @ @ @ @ @ @ @ $ 60 million for 2023 .
“ Our aim is to find the resolution with our women ’ s national team and we ’ re committed to doing that .
We ’ ve reached out to them .
We ’ ve offered them the same contract as the men for all games that are controlled by U.S. Soccer , ” Parlow Cone said .
“ But unfortunately , the response has been that they didn ’ t want to negotiate with U.S. Soccer unless U.S. Soccer was willing to make up the FIFA @ @ @ @ @ @ @ all know is the vast majority of the $ 66 million that they requesting in back pay .
And we all know this just isn ’ t possible from U.S. Soccer ’ s standpoint to make that up .
Even pre-COVID , this would be devastating to our budget and to our programing .
But given COVID , not to be overly dramatic , but it would likely bankrupt the federation .
”

U.S. women's national team players and the U.S. Soccer Federation settled their long-running lawsuit over inequitable working conditions with the men's team while leaving their dispute over unequal pay for additional litigation.
(CN) — U.S. women's national team players and the U.S. Soccer Federation settled their long-running lawsuit over inequitable working conditions with the men's team while leaving their dispute over unequal pay for additional litigation.
The parties filed a redacted public notice of the settlement with the federal court in Los Angeles on Tuesday while providing the complete agreement to U.S. District Judge R. Gary Klausner. The deal with the world champion American women and the sport's U.S. governing body calls for charter flights, hotel accommodations, venue selection and professional staff support equitable to that of the men's national team.
“I hope that the women and their lawyers see that we are taking a new approach,” said Cindy Parlow Cone, a former player who became the first woman as USSF president in March.
“We want the women’s team as well as their lawyers to see that we want to move in a different direction,” Parlow Cone said. “We want to have a different relationship with them. We want to work together. And I think they’re starting to see that. And we have to continue down this path.”
Players sued the USSF in March 2019 claiming they have not been paid equitably under their collective bargaining agreement that runs through December 2021, compared to what the men's team receives under its agreement that expired in December 2018. The women asked for more than $66 million in damages under the Equal Pay Act and Title VII of the Civil Rights Act of 1964.
Klausner dismissed the pay claim in May, ruling the women rejected a pay-to-play structure similar to the one in the men’s agreement and accepted greater base salaries and benefits than the men, who failed to qualify for the 2018 World Cup.
But Klausner allowed aspects of their allegations of discriminatory working conditions to be put to trial, which had been scheduled for next month. With those issues settled, the players may now ask the 9th U.S. Circuit Court of Appeals to restore the wage claims.
“We are pleased that the USWNT players have fought for — and achieved — long overdue equal working conditions," players' spokeswoman Molly Levinson said. "We now intend to file our appeal to the court’s decision, which does not account for the central fact in this case that women players have been paid at lesser rates than men who do the same job.
"We remain as committed as ever to our work to achieve the equal pay that we legally deserve. Our focus is on the future and ensuring we leave the game a better place for the next generation of women who will play for this team and this country.”
The lawsuit got international attention. Following the U.S. victory in last year's World Cup final in Lyon, France, the crowd chanted “Equal Pay!” as players celebrated on the field.
In May, then-presidential candidate Joe Biden posted to Twitter: “To @USWNT: don’t give up this fight. This is not over yet. To @ussoccer: equal pay, now. Or else when I’m president, you can go elsewhere for World Cup funding,” referring to the 2026 men’s World Cup, set to be co-hosted by the United States, Mexico and Canada.
After the USSF argued in court documents that women lacked the skills and responsibilities of their male counterparts, sponsors criticized the federation. Federation President Carlos Cordeiro resigned in March and was replaced by Parlow Cone until the regular election for a four-year term in 2022.
Parlow Cone said she hopes the agreement leads to settlement of remaining issues.
“The players’ association shares the plaintiffs’ satisfaction that long unequal working conditions will be equal going forward," the women's union said in a statement. "The PA also shares the plaintiffs’ commitment to achieving equal pay for equal work and to making soccer better for the next generation of players.”
The USSF agreed to provide equal resources to both the men's and women's teams for chartered flights. The federation also will maintain comparable budgets for accommodations and ensure the women stay in top-quality hotels. Will Wilson, who started as USSF CEO in March, said working conditions of the women will be equal to those of the next labor contract with the men.
USSF will ensure that playing surfaces and venues for women's matches under its control will be similar to those of the men, an issue that arose when the women refused to play a 2015 exhibition against Trinidad and Tobago on artificial turf in Honolulu. FIFA scheduled the 2015 Women's World Cup in Canada on artificial turf but the men's World Cup has been played exclusively on grass.
The federation will provide equal support staffs to both the men's and women's teams.
“Coming to agreement on the working conditions was just the first step,” Parlow Cone said. "The goal for both sides in this was to really define a more structured way to provide both teams, the men and the women, with equitable support, also allowing for flexibility at the same time."
The federation has argued that it cannot pay the women World Cup bonuses matching those of the men because of vastly dissimilar bonus payments for men's and women's tournaments paid to federations by FIFA, soccer's world governing body.
FIFA awarded $400 million in prize money for the 2018 men’s World Cup, including $38 million to champion France, and $30 million for last year’s Women’s World Cup, including $4 million to the U.S. after the Americans won their second straight title. FIFA increased the total to $440 million for the 2022 men’s World Cup and FIFA President Gianni Infantino has proposed FIFA double the women’s prize money to $60 million for 2023.
“Our aim is to find the resolution with our women’s national team and we’re committed to doing that. We’ve reached out to them. We’ve offered them the same contract as the men for all games that are controlled by U.S. Soccer,” Parlow Cone said. “But unfortunately, the response has been that they didn’t want to negotiate with U.S. Soccer unless U.S. Soccer was willing to make up the FIFA World Cup prize money, which you all know is the vast majority of the $66 million that they requesting in back pay. And we all know this just isn’t possible from U.S. Soccer’s standpoint to make that up. Even pre-COVID, this would be devastating to our budget and to our programing. But given COVID, not to be overly dramatic, but it would likely bankrupt the federation.”
By ANNE M. PETERSON and RONALD BLUM AP Sports Writers


courthousenews--2020-12-02--Captain in Deadly Dive Boat Fire Indicted on 34 Counts of Manslaughter

LOS ANGELES ( CN ) — A federal grand jury on Tuesday charged the dive boat captain who abandoned his burning vessel in a September 2019 blaze that killed 33 passengers and one crew member .
Jerry Nehl Boylan , 67 , faces 34 counts of seaman ’ s manslaughter .
Each charge carries a maximum penalty of 10 years in prison if convicted .
Federal safety investigators say Boylan and the four crewmembers who also survived were asleep when the fire broke out off the Santa Cruz Island coast .
The 34 victims died in the lower decks where @ @ @ @ @ @ @ with the National Transportation Safety Board reported this year that the crewmembers on the upper decks stumbled about in the dark as the fire ripped through the lower decks and smoke blocked fire exits .
Crewmembers looked for a fire ax in the vessel ’ s wheelhouse during the pandemonium , later telling investigators that when they got to the part of the boat where they thought the ax would be they saw Boylen leap into the water after trying to make a distress call .
Nearly four hours after the fire erupted @ @ @ @ @ @ @ of water .
Investigators found crewmembers did not receive fire training and the 75-foot dive boat ’ s fire drill logs were burned in the fire .
But a 2017 United States Coast Guard inspection found the logs were not up to date .
This past October , the NTSB said it could not say what sparked the fire , but that it may have been related to a battery charger .
They said multiple variables made the incident all the more deadly , including the boat operator ’ s inadequate policies .
@ @ @ @ @ @ @ that likely allowed the fire to burn the rear of the main deck unnoticed .
The NTSB lambasted the boat ’ s operator Truth Aquatics and said another fire occurred on another one of its vessels months before the Conception fire .
That fire was sparked by a lithium battery that was charging and investigators say that may have caused the deadly Conception fire .
On Tuesday , the federal grand jury accused Boylan of causing the deaths of the passengers and crewmember through “ his misconduct , negligence and inattention to his @ @ @ @ @ @ @ three major safety violations occurred including the absence of a night watch in violation of the U.S. Coast Guard ’ s inspection guidelines .
The lack of fire drills and training for the crewmembers were also highlighted in the 5-page indictment that listed all the victims by their initials .
A final version of the indictment was not available by press time .
The fatal voyage occurred in the calm waters off the Pacific Coast over the Labor Day weekend in 2019 .
“ As a result of the alleged failures of Capt @ @ @ @ @ @ @ , a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunkroom with no means of escape , ” said U.S. Attorney Nicola Hanna in a statement .
“ The loss of life that day will forever impact the families of the 34 victims .
With this indictment and our commitment to vigorously prosecute the case , we seek a small measure of justice for the victims and their loved ones.
” The incident remains an ongoing investigation by the Coast @ @ @ @ @ @ @ , Firearms and Explosives , and Federal Bureau of Investigation .
Multiple lawsuits have been filed against Truth Aquatics by the surviving family members .
The company did not immediately respond to an email and phone call seeking comment .
Federal prosecutors said Boylan is expected to surrender in the coming weeks .

A federal grand jury on Tuesday charged the dive boat captain who abandoned his burning vessel in a September 2019 blaze that killed 33 passengers and one crew member.
LOS ANGELES (CN) — A federal grand jury on Tuesday charged the dive boat captain who abandoned his burning vessel in a September 2019 blaze that killed 33 passengers and one crew member.
Jerry Nehl Boylan, 67, faces 34 counts of seaman’s manslaughter. Each charge carries a maximum penalty of 10 years in prison if convicted.
Federal safety investigators say Boylan and the four crewmembers who also survived were asleep when the fire broke out off the Santa Cruz Island coast. The 34 victims died in the lower decks where the sleeping quarters were located.
Investigators with the National Transportation Safety Board reported this year that the crewmembers on the upper decks stumbled about in the dark as the fire ripped through the lower decks and smoke blocked fire exits.
Crewmembers looked for a fire ax in the vessel’s wheelhouse during the pandemonium, later telling investigators that when they got to the part of the boat where they thought the ax would be they saw Boylen leap into the water after trying to make a distress call.
Nearly four hours after the fire erupted, the Conception sank in 61 feet of water.
Investigators found crewmembers did not receive fire training and the 75-foot dive boat’s fire drill logs were burned in the fire. But a 2017 United States Coast Guard inspection found the logs were not up to date.
This past October, the NTSB said it could not say what sparked the fire, but that it may have been related to a battery charger. They said multiple variables made the incident all the more deadly, including the boat operator’s inadequate policies.
A nightwatchman was not on patrol and that likely allowed the fire to burn the rear of the main deck unnoticed. The NTSB lambasted the boat’s operator Truth Aquatics and said another fire occurred on another one of its vessels months before the Conception fire. That fire was sparked by a lithium battery that was charging and investigators say that may have caused the deadly Conception fire.
On Tuesday, the federal grand jury accused Boylan of causing the deaths of the passengers and crewmember through “his misconduct, negligence and inattention to his duties.”
According to the indictment, three major safety violations occurred including the absence of a night watch in violation of the U.S. Coast Guard’s inspection guidelines.
The lack of fire drills and training for the crewmembers were also highlighted in the 5-page indictment that listed all the victims by their initials. A final version of the indictment was not available by press time.
The fatal voyage occurred in the calm waters off the Pacific Coast over the Labor Day weekend in 2019.
“As a result of the alleged failures of Capt. Boylan to follow well-established safety rules, a pleasant holiday dive trip turned into a hellish nightmare as passengers and one crew member found themselves trapped in a fiery bunkroom with no means of escape,” said U.S. Attorney Nicola Hanna in a statement. “The loss of life that day will forever impact the families of the 34 victims. With this indictment and our commitment to vigorously prosecute the case, we seek a small measure of justice for the victims and their loved ones.”
The incident remains an ongoing investigation by the Coast Guard, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Federal Bureau of Investigation.
Multiple lawsuits have been filed against Truth Aquatics by the surviving family members. The company did not immediately respond to an email and phone call seeking comment.
Federal prosecutors said Boylan is expected to surrender in the coming weeks.


courthousenews--2020-12-03--Developers Accused of Reneging on Deal to Fund Conservation

( CN ) — Real estate developers who promised to fund a nonprofit dedicated to preserving 90 % of a 270,000-acre property north of Los Angeles are violating a 12-year-old pact by cutting their quarterly conservation payments , environmental groups claim in a new lawsuit .
Tejon Ranch Company and Tejon Ranchcorp own the largest contiguous plot of private land in California .
The massive property on the border of Los Angeles and Kern Counties sits at the intersection of four major ecosystems : the San Joaquin Valley , southern Sierra Nevada , Mojave Desert and California Coastal Range .
@ @ @ @ @ @ @ development plans , the companies struck a deal in June 2008 requiring that 240,000 acres be set aside for conservation .
Environmental groups agreed not to oppose development plans in exchange for the creation of the Tejon Ranch Conservancy .
In the coming years , Tejon Ranch moved forward with plans for new communities and mixed-use developments , including proposals for tens of thousands of new homes , shopping centers , golf courses and business parks .
Some of the proposed developments , including a 12,000-unit development near California ’ s Grapevine community @ @ @ @ @ @ @ in court by other groups .
As part of the 2008 deal , the conservancy was to be funded by a 0.25 % transfer fee on home sales .
Because sales were not expected to start until years later , the companies agreed to advance quarterly payments amounting to $ 800,000 per year to the conservancy through 2021 .
But in April , Tejon Ranch announced it would reduce those payments by half , citing business disruptions related to the Covid-19 pandemic .
After environmentalists accused them of breaching the contract , the @ @ @ @ @ @ @ as required under the terms of the deal for April and July of 2020 .
Then came October , when the developers told the environmentalists they would place that quarter ’ s $ 200,000 payment and all future payments in an escrow account .
The developers said they were entitled to keep those payments because the conservancy violated their deal by taking part in a regional planning study in 2017 that affected one of Tejon Ranch ’ s developments .
In a lawsuit filed in Kern County Superior Court on Wednesday , the @ @ @ @ @ @ @ groups say the developers can not “ unilaterally revise their payment obligations ” under the terms of the agreement signed in 2008 .
They also argue the agreement expressly permits them to support or oppose any regional plan , except where the effect of the plan is substantially limited to Tejon Ranch or would directly affect a Tejon Ranch project or project approval .
The regional plan draft , known as the Antelope Valley Regional Conservation Investment Strategy , covers more than 700,000 acres and overlaps with “ a very small subpart ” @ @ @ @ @ @ @ Centennial project , the environmental groups say in their lawsuit .
“ Defendants ’ years-late contention that plaintiffs breached the [ agreement ] by participating in the [ Antelope Valley Regional Conservation Investment Strategy ] in 2017 is meritless , ” the complaint states .
“ It is a pretext to justify avoiding the required payments to plaintiffs under the [ agreement ] .
” The conservation groups seek a court order requiring Tejon Ranch Co. and Tejon Ranchcorp to release the $ 200,000 payment for October 2020 and continue making the quarterly @ @ @ @ @ @ @ The National Audubon Society , Endangered Habitats League , Planning and Conservation League and Sierra Club are also plaintiffs in the lawsuit .
They are represented by David Berger of Wilson Sonsini Goodrich & Rosati in Palo Alto , California .
In an emailed statement , Tejon Ranch Co. said it has a legacy of protecting ranch lands for more than 175 years , adding it has contributed more than $ 11 million to the Tejon Ranch Conservancy since 2008 .
The company insisted the conservancy violated the terms of the 2008 deal @ @ @ @ @ @ @ was used by other groups to oppose the Centennial Project in a lawsuit filed this past September .
The Centennial project would include the construction of 19,000 homes on 6,700 acres in LA County bordering Kern County .
The company says the conservancy refused to correct the alleged breach when it was brought to the attention of its leadership .
“ Until the breach is remedied , the RWA calls for any remaining monies ( approximately the final year ’ s worth of contributions the company has committed to make ) to be @ @ @ @ @ @ @ the funds will be safely held until the situation is resolved , ” the company said .
“ This is what Tejon Ranch has done .
”

Real estate developers who promised to fund a nonprofit dedicated to preserving 90% of a 270,000-acre property north of Los Angeles are violating a 12-year-old pact by cutting their quarterly conservation payments, environmental groups claim in a new lawsuit.
(CN) — Real estate developers who promised to fund a nonprofit dedicated to preserving 90% of a 270,000-acre property north of Los Angeles are violating a 12-year-old pact by cutting their quarterly conservation payments, environmental groups claim in a new lawsuit.
Tejon Ranch Company and Tejon Ranchcorp own the largest contiguous plot of private land in California. The massive property on the border of Los Angeles and Kern Counties sits at the intersection of four major ecosystems: the San Joaquin Valley, southern Sierra Nevada, Mojave Desert and California Coastal Range.
To appease environmentalists opposed to their large-scale development plans, the companies struck a deal in June 2008 requiring that 240,000 acres be set aside for conservation. Environmental groups agreed not to oppose development plans in exchange for the creation of the Tejon Ranch Conservancy.
In the coming years, Tejon Ranch moved forward with plans for new communities and mixed-use developments, including proposals for tens of thousands of new homes, shopping centers, golf courses and business parks. Some of the proposed developments, including a 12,000-unit development near California’s Grapevine community in Kern County, have been challenged in court by other groups.
As part of the 2008 deal, the conservancy was to be funded by a 0.25% transfer fee on home sales. Because sales were not expected to start until years later, the companies agreed to advance quarterly payments amounting to $800,000 per year to the conservancy through 2021.
But in April, Tejon Ranch announced it would reduce those payments by half, citing business disruptions related to the Covid-19 pandemic.
After environmentalists accused them of breaching the contract, the developers made full $200,000 quarterly payments as required under the terms of the deal for April and July of 2020.
Then came October, when the developers told the environmentalists they would place that quarter’s $200,000 payment and all future payments in an escrow account. The developers said they were entitled to keep those payments because the conservancy violated their deal by taking part in a regional planning study in 2017 that affected one of Tejon Ranch’s developments.
In a lawsuit filed in Kern County Superior Court on Wednesday, the Natural Resources Defense Council and four other groups say the developers cannot “unilaterally revise their payment obligations” under the terms of the agreement signed in 2008.
They also argue the agreement expressly permits them to support or oppose any regional plan, except where the effect of the plan is substantially limited to Tejon Ranch or would directly affect a Tejon Ranch project or project approval.
The regional plan draft, known as the Antelope Valley Regional Conservation Investment Strategy, covers more than 700,000 acres and overlaps with “a very small subpart” of Tejon Ranch’s proposed 12,300-acre Centennial project, the environmental groups say in their lawsuit.
“Defendants’ years-late contention that plaintiffs breached the [agreement] by participating in the [Antelope Valley Regional Conservation Investment Strategy] in 2017 is meritless,” the complaint states. “It is a pretext to justify avoiding the required payments to plaintiffs under the [agreement].”
The conservation groups seek a court order requiring Tejon Ranch Co. and Tejon Ranchcorp to release the $200,000 payment for October 2020 and continue making the quarterly payments through Oct. 1, 2021.
The National Audubon Society, Endangered Habitats League, Planning and Conservation League and Sierra Club are also plaintiffs in the lawsuit. They are represented by David Berger of Wilson Sonsini Goodrich & Rosati in Palo Alto, California.
In an emailed statement, Tejon Ranch Co. said it has a legacy of protecting ranch lands for more than 175 years, adding it has contributed more than $11 million to the Tejon Ranch Conservancy since 2008.
The company insisted the conservancy violated the terms of the 2008 deal by helping to create a study that was used by other groups to oppose the Centennial Project in a lawsuit filed this past September. The Centennial project would include the construction of 19,000 homes on 6,700 acres in LA County bordering Kern County.
The company says the conservancy refused to correct the alleged breach when it was brought to the attention of its leadership.
“Until the breach is remedied, the RWA calls for any remaining monies (approximately the final year’s worth of contributions the company has committed to make) to be deposited into a third-party escrow account where the funds will be safely held until the situation is resolved,” the company said. “This is what Tejon Ranch has done.”


courthousenews--2020-12-03--Planned Parenthood Shooter Spared Death Penalty

( CN ) — The U.S. Department of Justice will not seek the death penalty against a man accused of killing three individuals at a Planned Parenthood clinic in 2015 .
The document filed on Wednesday by U.S. Attorney Jason Dunn offered no explanation for the decision .
A federal grand jury indicted Robert Dear Jr. , 62 , last year , adding 68 federal charges to the plate of 179 charges from Colorado ’ s Fourth Judicial District , including eight charges of first-degree murder .
According to the indictment , Dear entered the Colorado Springs Planned Parenthood on @ @ @ @ @ @ @ “ four SKS rifles , five handguns , two additional rifles , a shotgun , more than 500 rounds of ammunition , and propane tanks.
” “ Intending to wage a war ” against the fertility clinic which provides abortions , Dear fired 198 bullets at patients and staff both in the parking lot and inside the facility , killing three , including a police officer .
Law enforcement engaged with Dear in a five-hour standoff , during which he shot at firefighters and police officers .
He also attempted to shoot at @ @ @ @ @ @ @ according to prosecutors .
Dear previously told police he hoped he would be greeted by “ aborted fetuses at the gates of heaven and they would thank him for what he did because his actions saved the lives of other unborn fetuses , ” according to his arrest warrant .
After his arrest , Dear was held at the State Mental Hospital in Pueblo and evaluated quarterly to determine whether he is mentally fit to stand trial .
While Dear repeatedly failed the state ’ s exams , he has long maintained he @ @ @ @ @ @ @ Judge Kristen Mix ordered Dear to undergo a pre-trial mental competency exam .
Lewis ’ defense counsel filed a motion on Nov. 30 requesting the pre-trial competency exam be conducted by a certified psychologist at the Federal Detention Center in Englewood where he is currently detained .
Led by federal public defender Virginia Grady , Dear ’ s defense team expressed concern about transporting Dear amid the Covid-19 pandemic since he is at “ heightened risk for severe illness or death from coronavirus infection due to his advanced age—he ’ s 62—and documented @ @ @ @ @ @ @ ” If convicted , Dear faces a minimum penalty of 10 years in prison .
While the Justice Department has executed eight death row inmates over the last six months , Colorado lawmakers abolished the state ’ s death penalty in February .
Shortly thereafter , Gov .
Jared Polis commuted the state ’ s last three death row inmates to life sentences .
According to a 2019 Gallup Poll , 60 % of Americans prefer life imprisonment compared to 36 % who support the death penalty .
The U.S. attorney ’ s @ @ @ @ @ @ @ not immediately respond to a request for comment .

The U.S. Department of Justice will not seek the death penalty against a man accused of killing three individuals at a Planned Parenthood clinic in 2015.
(CN) — The U.S. Department of Justice will not seek the death penalty against a man accused of killing three individuals at a Planned Parenthood clinic in 2015.
The document filed on Wednesday by U.S. Attorney Jason Dunn offered no explanation for the decision.
A federal grand jury indicted Robert Dear Jr., 62, last year, adding 68 federal charges to the plate of 179 charges from Colorado’s Fourth Judicial District, including eight charges of first-degree murder.
According to the indictment, Dear entered the Colorado Springs Planned Parenthood on Nov. 27, 2015, armed with “four SKS rifles, five handguns, two additional rifles, a shotgun, more than 500 rounds of ammunition, and propane tanks.”
“Intending to wage a war” against the fertility clinic which provides abortions, Dear fired 198 bullets at patients and staff both in the parking lot and inside the facility, killing three, including a police officer.
Law enforcement engaged with Dear in a five-hour standoff, during which he shot at firefighters and police officers. He also attempted to shoot at and blow up the propane tank, according to prosecutors.
Dear previously told police he hoped he would be greeted by “aborted fetuses at the gates of heaven and they would thank him for what he did because his actions saved the lives of other unborn fetuses,” according to his arrest warrant.
After his arrest, Dear was held at the State Mental Hospital in Pueblo and evaluated quarterly to determine whether he is mentally fit to stand trial. While Dear repeatedly failed the state’s exams, he has long maintained he considers himself mentally competent.
U.S. Magistrate Judge Kristen Mix ordered Dear to undergo a pre-trial mental competency exam. Lewis' defense counsel filed a motion on Nov. 30 requesting the pre-trial competency exam be conducted by a certified psychologist at the Federal Detention Center in Englewood where he is currently detained.
Led by federal public defender Virginia Grady, Dear's defense team expressed concern about transporting Dear amid the Covid-19 pandemic since he is at "heightened risk for severe illness or death from coronavirus infection due to his advanced age — he’s 62 — and documented history of health problems, including hypertension."
If convicted, Dear faces a minimum penalty of 10 years in prison.
While the Justice Department has executed eight death row inmates over the last six months, Colorado lawmakers abolished the state’s death penalty in February. Shortly thereafter, Gov. Jared Polis commuted the state’s last three death row inmates to life sentences.
According to a 2019 Gallup Poll, 60% of Americans prefer life imprisonment compared to 36% who support the death penalty.
The U.S. attorney's office for the District of Colorado did not immediately respond to a request for comment.


Civil War Art

BURLINGTON , Vt. – An artist whose murals at Vermont Law School depict the state ’ s efforts to help @ @ @ @ @ the Civil War is suing the school for painting over his work at the demand @ @ @ @ @ murals offensive .

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-12-02--Women’s Team Settlement Shows Progress and Complexity of Legal Battle

LOS ANGELES ( CN ) — The U.S. women ’ s soccer team ’ s settlement of claims against their governing federation of inequitable working conditions represents a breakthrough in the parties ’ long running legal battle , but experts said Wednesday the path to resolving remaining equal pay claims is riddled with complexity .
The U.S women ’ s national team players — holders of the Women ’ s World Cup trophy — filed a gender discrimination lawsuit in March 2019 against U.S. Soccer Federation claiming women would have earned more compensation under the men ’ s national team @ @ @ @ @ @ @ say in their lawsuit the federation deprives them of the expensive charter flights and hotel rooms and superior medical and training staff provided to the men ’ s team .
The federation has argued in court papers both national teams operate under separate collective bargaining agreements and that many women ’ s contracts are supplemented by their salaries in professional domestic soccer leagues .
In May , a federal judge in Los Angeles struck a blow to the players ’ claims when he granted the federation summary judgment , finding the women earned @ @ @ @ @ @ @ contract they collectively bargained for .
But both sides announced Tuesday a proposed settlement over players ’ inequitable working conditions claims , with the U.S. governing body agreeing to provide hotel accommodations , charter flights and professional training and support staff that is on par with what the men ’ s national team is provided .
The agreement means the claims won ’ t be put to trial , which had been scheduled for next month .
Susan Estrich , professor of law and gender discrimination at the University of Southern California , @ @ @ @ @ @ @ settlement represents important progress for the world of womens ’ sports .
“ It may sound like small things but they ’ re rather large things when you ’ re living on the road , ” Estrich said of players ’ working conditions .
“ Quality of life matters and it matters in terms of performance .
They would never treat an NBA player that way.
” But the equal pay claims remain unresolved , having not been covered in the proposed settlement .
“ It was not a good day for equal @ @ @ @ @ @ @ Women ’ s soccer , unlike a host of other women ’ s sports , has already captured the affection and attention of people who probably never watched women play anything .
Now the federation is saying , ‘ You can have a nice flight and stay in a nice hotel , but you come home to small paycheck.
’ ” The federation did say Tuesday it agrees to select match venues that have natural turf , not the artificial surfaces that women have said for years are the cause of injuries and @ @ @ @ @ @ @ fields men play on .
Final approval of the settlement will be decided next year by U.S. District Judge R. Gary Klausner .
The path to resolving wage discrimination claims is entangled by prospective court rulings and hopes that a settlement is still possible .
The womens ’ attorneys indicated they will now appeal Klausner ’ s summary judgment ruling from May while continuing to seek millions in back pay .
U.S. Soccer president Cindy Parlow Cone , a former national team player , told reporters Tuesday the women ’ s team rejected @ @ @ @ @ @ @ ’ s terms and that paying the requested $ 67 million in back pay would likely bankrupt the organization .
But if the federation — with the winds of a summary judgment victory at its back — prevails on the Ninth Circuit appeal , they could negotiate a reduced settlement with players , said Gina Miller , employment law attorney at Snell and Wilmer .
“ The federation is negotiating from a position of strength and they ’ re not incentivized to pay a lot to settle the case , ” Miller said @ @ @ @ @ @ @ Circuit reverses but I ’ m sure the federation put a dollar figure on that risk .
They ’ re basically willing to roll the dice.
” Miller told Courthouse News the optics of a federation victory on the women ’ s Ninth Circuit appeal could play out adversely for them in the court of public opinion .
“ A win legally doesn ’ t necessarily mean a win publicly in the eyes of the public , ” Miller said in an interview Wednesday .
“ That will make your business successful in @ @ @ @ @ @ @ views you.
” While a victory for women — both a successful appeal and a ruling from Klausner ordering a massive payout — would be celebrated , a U.S. Soccer bankruptcy triggered by a payout could impact long term development of the sport , Miller said .
The federation faced criticism earlier this year after claiming that women ’ s national team players should earn less money because their game requires less skill , responsibility and ability than the men ’ s game .
Current compensation levels are fair because the U.S. men @ @ @ @ @ @ @ stronger , faster ” than the women , the federation said in court papers .
The claims drew heavy criticism from current and former professional soccer players .
The federation ’ s former president Carlos Cordeiro resigned from his post shortly after and the federation removed the argument from the case .
Months later , President-elected Joe Biden , then a candidate for POTUS , weighed in on the issue .
“ To @ ussoccer : equal pay , now , ” Biden tweeted .
“ Or else when I ’ m president @ @ @ @ @ @ @ Cup funding , ” referring to the 2026 men ’ s World Cup in the U.S. , Mexico and Canada .
Marc Edelman , law professor at Baruch College , City University of New York , noted Wednesday the federation ’ s actions come as the incoming Biden administration is showing its commitment to racial and gender diversity in leadership .
“ Given that the U.S. government , as a technical matter , could rescind the governing authority that has been granted to any Olympic governing body , including U.S. Soccer , the @ @ @ @ @ @ @ tread very carefully to ensure there ’ s not even a lingering suspicion of unequal treatment between female and male athletes , ” Edelman said in a phone interview .
“ Don ’ t you think it ’ s at least a bit surprising that almost immediately upon the election of Biden U.S. Soccer began singing a different tune on gender equity ?
” The Biden administration may bring more scrutiny to equity and safety matters within U.S. governing bodies for sport , including scandal-plagued USA Gymnastics , than the Trump administration has @ @ @ @ @ @ @ a sports business and law expert at the University of Oregon , told Courthouse News the proposed settlement shows both parties actually agree equal pay claims should be resolved but haven ’ t found the mechanism for doing so .
“ There ’ s probably an agreement about pay , but no path to get there , ” said Gordon , an arbitrator for the Court of Arbitration for Sport .
“ They can continue to let it play out in court , but both sides lose a little control of destiny if @ @ @ @ @ @ @ back pay could bring financial harm and damage the “ ecosystem ” of U.S. soccer development , Gordon said .
“ I don ’ t think there ’ s a whole lot of bluffing here.
” But that ruling could also allow both parties to seek help from a third party , and that support could come from Congress , Gordon said .
“ I ’ m not reading that they ’ re running to court because they disagree but because one side doesn ’ t know how to resolve it , ” @ @ @ @ @ @ @ forced upon both parties because of a court ruling , that might compel Congress to act.
” Senators Dianne Feinstein , D-California , and Patty Murray , D-Washington , introduced a bill last year that would require every sports federation or governing body in the U.S. to implement an equal pay policy for their athletes .
Under the Athletics Fair Pay Act , equal pay will be mandated by law , including for all Olympic and amateur athletes .
The bill updates the Ted Stevens Olympic and Amateur Sports Act and requires national @ @ @ @ @ @ @ and to report annually to Congress on efforts to end pay discrimination .
Feinstein also joined other lawmakers last year in introducing the Even Playing Field Act , which would require equitable working conditions for U.S. national team athletes and coaches .
Feinstein did not immediately respond to a request for comment on Tuesday ’ s proposed settlement or whether she would introduce additional legislation relevant to equal pay for athletes .
The women ’ s national team has won three World Cup tournaments , four Olympic gold medals and is currently ranked @ @ @ @ @ @ @ ’ s international governing body .
Meanwhile , the men ’ s national team failed to even qualify for the 2018 World Cup tournament in Russia and have never won the international competition .
The federation has said in court filings that World Cup organizer FIFA — soccer ’ s global governing body — shares the blame for vastly smaller cash prizes for women national teams who clinch the coveted trophy .
The women ’ s collective bargaining agreement expires in December 2021 while the men have operated without a contract since 2018 @

The U.S. women’s soccer team’s settlement of claims against their governing federation of inequitable working conditions represents a breakthrough in the parties’ long running legal battle, but experts said Wednesday the path to resolving remaining equal pay claims is riddled with complexity.
LOS ANGELES (CN) — The U.S. women’s soccer team’s settlement of claims against their governing federation of inequitable working conditions represents a breakthrough in the parties’ long running legal battle, but experts said Wednesday the path to resolving remaining equal pay claims is riddled with complexity.
The U.S women’s national team players — holders of the Women’s World Cup trophy — filed a gender discrimination lawsuit in March 2019 against U.S. Soccer Federation claiming women would have earned more compensation under the men’s national team’s pay structure.
Women also say in their lawsuit the federation deprives them of the expensive charter flights and hotel rooms and superior medical and training staff provided to the men’s team.
The federation has argued in court papers both national teams operate under separate collective bargaining agreements and that many women’s contracts are supplemented by their salaries in professional domestic soccer leagues.
In May, a federal judge in Los Angeles struck a blow to the players’ claims when he granted the federation summary judgment, finding the women earned more in cumulative pay under the work contract they collectively bargained for.
But both sides announced Tuesday a proposed settlement over players’ inequitable working conditions claims, with the U.S. governing body agreeing to provide hotel accommodations, charter flights and professional training and support staff that is on par with what the men’s national team is provided.
The agreement means the claims won’t be put to trial, which had been scheduled for next month.
Susan Estrich, professor of law and gender discrimination at the University of Southern California, said in an interview Wednesday the proposed settlement represents important progress for the world of womens’ sports.
“It may sound like small things but they’re rather large things when you’re living on the road,” Estrich said of players’ working conditions. “Quality of life matters and it matters in terms of performance. They would never treat an NBA player that way.”
But the equal pay claims remain unresolved, having not been covered in the proposed settlement.
“It was not a good day for equal pay,” Estrich said. “Women’s soccer, unlike a host of other women’s sports, has already captured the affection and attention of people who probably never watched women play anything. Now the federation is saying, ‘You can have a nice flight and stay in a nice hotel, but you come home to small paycheck.’”
The federation did say Tuesday it agrees to select match venues that have natural turf, not the artificial surfaces that women have said for years are the cause of injuries and represent a step down from professional level fields men play on.
Final approval of the settlement will be decided next year by U.S. District Judge R. Gary Klausner.
The path to resolving wage discrimination claims is entangled by prospective court rulings and hopes that a settlement is still possible.
The womens’ attorneys indicated they will now appeal Klausner’s summary judgment ruling from May while continuing to seek millions in back pay.
U.S. Soccer president Cindy Parlow Cone, a former national team player, told reporters Tuesday the women’s team rejected a contract offer that matches the men’s terms and that paying the requested $67 million in back pay would likely bankrupt the organization.
But if the federation — with the winds of a summary judgment victory at its back — prevails on the Ninth Circuit appeal, they could negotiate a reduced settlement with players, said Gina Miller, employment law attorney at Snell and Wilmer.
“The federation is negotiating from a position of strength and they’re not incentivized to pay a lot to settle the case,” Miller said. “That changes if the Ninth Circuit reverses but I’m sure the federation put a dollar figure on that risk. They’re basically willing to roll the dice.”


courthousenews--2020-12-02--Judge Wants More Evidence for LA County Ban on Outdoor Dining

LOS ANGELES ( CN ) — A Los Angeles County judge upheld a ban on outdoor dining for the second time Wednesday , though county health officials will need to show why the ban — meant to slow the spread of the novel coronavirus — should remain while the rest of California allows restaurants to serve customers outdoors .
LA County Superior Court Judge James Chalfant ’ s order comes amid a surge of infections and hospitalizations across the state and just one day after LA County reported nearly 7,600 new Covid-19 cases over a one-day period .
While the @ @ @ @ @ @ @ , LA is the only county to ban outdoor dining — leaving restaurant owners and employees at the mercy of the health order .
But according to county health officials , outdoor dining allows people to be in close contact with strangers and to socialize with people outside their households without wearing face coverings .
LA County , like the rest of California , went into a lockdown this past spring at the onset of the pandemic .
In June , the county gradually allowed businesses to reopen .
But reopening spurred a @ @ @ @ @ @ @ and deaths that has lasted well into the fall .
In November , LA County ’ s daily case average surpassed 4,000 , triggering the outdoor dining ban proposed by the Department of Public Health and approved by the County Board of Supervisors .
The California Restaurant Association ( CRA ) , a trade group representing several LA restaurants , sued to block the ban shortly before it was to take effect , calling it arbitrary and capricious .
Chalfant denied the request to block the ban but asked the restaurant trade group @ @ @ @ @ @ @ case .
Association members , medical professionals and economists weighed in , saying the ban on outdoor dining would devastate a restaurant industry forced to rely on takeout orders and a pared staff .
Restaurant owners also submitted declarations , including the elegant beachfront Japanese restaurant Nobu , a Round Table Pizza owner and many more .
The trade group also cited two studies that found the risk from outdoor dining was minimal when compared to eating indoors .
On Wednesday , Chalfant said the county ’ s health order would stand for @ @ @ @ @ @ @ how the county ’ s health experts arrived at their conclusions and what led to the decision to issue its ban on outdoor dining in the first place .
The county , Chalfant said , provided a declaration from Public Health Chief Medical Officer Dr. Jeffrey Gunzenhauser .
He said the county could be overwhelmed with Covid-19 patients but didn ’ t offer anything to back up his conclusion .
The basis for those conclusions are vital to the county ’ s argument , Chalfant said .
“ What ’ s the hospital @ @ @ @ @ @ @ What is the current risk of overwhelming the health care system ?
” asked Chalfant .
According to the LA County Department of Public Health , hospitalizations increased 93 % from Nov. 13 to Nov. 26 .
As of Tuesday , the county reported over 2,300 people hospitalized due to Covid-19 .
The county ’ s attorney Amnon Siegel told Chalfant it would be difficult to provide the “ type of scientific certainty and precision ” on data the court seeks because infections and hospital bed availability are based on projections that often @ @ @ @ @ @ @ a fluid situation , but not when it comes to intensive care unit beds .
“ Those are fixed .
It ’ s not hard to estimate the number of ICU beds , ” said Chalfant .
Chalfant said the county also did not provide any evidence it took a risk-benefit analysis on the harm its health order could have on the economy and the mental well-being of Angelenos who lost jobs or can ’ t go out to eat at a restaurant .
“ Which is frankly a big hole ” in @ @ @ @ @ @ @ Chalfant .
While he said he doesn ’ t put much emphasis on daily case numbers , Chalfant noted the importance of hospitalizations .
He said the county health department has the authority to issue orders to avoid overwhelming the health care system and to safeguard its residents .
“ It ’ s a horse race is what I ’ m saying , ” he said .
But he asked why the county didn ’ t have more information on the risks of outdoor dining , nine months into the pandemic .
He @ @ @ @ @ @ @ field investigators who see people without masks at restaurants over extended periods of time .
Siegel said the county might know more about the virus than it did in March , but there is still a risk when people eat outdoors without masks on next to strangers .
“ It ’ s happening at 30,000 restaurants every day , ” said Siegel , referring to the number of restaurants in LA County that served patrons outdoors before the ban went into effect .
California Restaurant Association attorney Dennis Ellis called LA County ’ @ @ @ @ @ @ @ state and the nation .
“ We ’ ve lost critical time during the Thanksgiving holiday for the 31,000 restaurants in Los Angeles County , ” said Ellis .
“ It has gone on too long.
” Chalfant ordered the parties to return to court in the next week so the county can answer his questions on why it ’ s the only California county with an outdoor dining ban and what impact the surge will have on hospital bed availability and mortality rates .

A Los Angeles County judge upheld a ban on outdoor dining for the second time Wednesday, though county health officials will need to show why the ban — meant to slow the spread of the novel coronavirus — should remain while the rest of California allows restaurants to serve customers outdoors.
LOS ANGELES (CN) — A Los Angeles County judge upheld a ban on outdoor dining for the second time Wednesday, though county health officials will need to show why the ban — meant to slow the spread of the novel coronavirus — should remain while the rest of California allows restaurants to serve customers outdoors.
LA County Superior Court Judge James Chalfant’s order comes amid a surge of infections and hospitalizations across the state and just one day after LA County reported nearly 7,600 new Covid-19 cases over a one-day period.
While the rest of the state sees similar surges, LA is the only county to ban outdoor dining — leaving restaurant owners and employees at the mercy of the health order.
But according to county health officials, outdoor dining allows people to be in close contact with strangers and to socialize with people outside their households without wearing face coverings.
LA County, like the rest of California, went into a lockdown this past spring at the onset of the pandemic. In June, the county gradually allowed businesses to reopen.
But reopening spurred a summer surge of new cases, hospitalizations and deaths that has lasted well into the fall. In November, LA County’s daily case average surpassed 4,000, triggering the outdoor dining ban proposed by the Department of Public Health and approved by the County Board of Supervisors.
The California Restaurant Association (CRA), a trade group representing several LA restaurants, sued to block the ban shortly before it was to take effect, calling it arbitrary and capricious.
Chalfant denied the request to block the ban but asked the restaurant trade group to provide more evidence to support its case.
Association members, medical professionals and economists weighed in, saying the ban on outdoor dining would devastate a restaurant industry forced to rely on takeout orders and a pared staff.
Restaurant owners also submitted declarations, including the elegant beachfront Japanese restaurant Nobu, a Round Table Pizza owner and many more. The trade group also cited two studies that found the risk from outdoor dining was minimal when compared to eating indoors.
On Wednesday, Chalfant said the county’s health order would stand for now. But he wanted to know how the county’s health experts arrived at their conclusions and what led to the decision to issue its ban on outdoor dining in the first place.
The county, Chalfant said, provided a declaration from Public Health Chief Medical Officer Dr. Jeffrey Gunzenhauser. He said the county could be overwhelmed with Covid-19 patients but didn't offer anything to back up his conclusion.
The basis for those conclusions are vital to the county’s argument, Chalfant said.
“What’s the hospital capacity? How loaded are you? What is the current risk of overwhelming the health care system?” asked Chalfant.
According to the LA County Department of Public Health, hospitalizations increased 93% from Nov. 13 to Nov. 26. As of Tuesday, the county reported over 2,300 people hospitalized due to Covid-19.
The county’s attorney Amnon Siegel told Chalfant it would be difficult to provide the “type of scientific certainty and precision” on data the court seeks because infections and hospital bed availability are based on projections that often change.
Chalfant agreed it’s a fluid situation, but not when it comes to intensive care unit beds.
“Those are fixed. It’s not hard to estimate the number of ICU beds,” said Chalfant.
Chalfant said the county also did not provide any evidence it took a risk-benefit analysis on the harm its health order could have on the economy and the mental well-being of Angelenos who lost jobs or can’t go out to eat at a restaurant.
“Which is frankly a big hole” in the county’s case, said Chalfant.
While he said he doesn’t put much emphasis on daily case numbers, Chalfant noted the importance of hospitalizations. He said the county health department has the authority to issue orders to avoid overwhelming the health care system and to safeguard its residents.
“It’s a horse race is what I’m saying,” he said.
But he asked why the county didn’t have more information on the risks of outdoor dining, nine months into the pandemic. He asked whether the ban was based on field investigators who see people without masks at restaurants over extended periods of time.
Siegel said the county might know more about the virus than it did in March, but there is still a risk when people eat outdoors without masks on next to strangers.
“It’s happening at 30,000 restaurants every day,” said Siegel, referring to the number of restaurants in LA County that served patrons outdoors before the ban went into effect.
California Restaurant Association attorney Dennis Ellis called LA County’s health order an outlier in the state and the nation.
“We’ve lost critical time during the Thanksgiving holiday for the 31,000 restaurants in Los Angeles County,” said Ellis. “It has gone on too long.”
Chalfant ordered the parties to return to court in the next week so the county can answer his questions on why it’s the only California county with an outdoor dining ban and what impact the surge will have on hospital bed availability and mortality rates.


Meaty Trademark Fight

MANHATTAN — A New York City restaurant chain called The Meatball Shop brought a federal trademark suit against “ Jersey @ @ @ @ @ Deena , who have begun to market the nickname that recognizes their highly tanned and @ @ @ @


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight stories for today including the United Kingdom approved the mass use of a new vaccine against the deadly coronavirus ; The United Nations said the world must slow down fossil fuel production by 6 % a year over the next decade if humanity hopes to stave off catastrophic damage from climate change ; The ACLU complained in federal court that the Trump administration is staying mum about its efforts to track immigrants ’ movements using cellphone location data , and more .
Sign up for the CNS Top @ @ @ @ @ @ @ ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Demanding to see the paper trail , the ACLU complained in federal court Wednesday that the Trump administration is staying mum about its efforts to track immigrants ’ movements using cellphone location data .
2 . )
The Los Angeles Times sued a trio of government agencies claiming they are withholding crucial documents detailing allegations of widespread sexual abuse and misconduct at ICE detention centers .
3 . )
Prison officials defended their handling of the pandemic @ @ @ @ @ @ @ that nearly 20 % of the federal inmate population have tested positive for Covid-19 .
4 . )
Emotional support pets and service animals that aren ’ t dogs will no longer be allowed on planes after the Transportation Department finalized a rule Wednesday limiting animals on flights .
5 . )
The Ninth Circuit gave California a green light Wednesday to move forward with a contested highway project through a majestic grove of ancient redwood trees , reversing a lower court ruling that halted construction pending further environmental review .
6 .
@ @ @ @ @ @ @ was overturned earlier this year by a panel of judges argued before the full Sixth Circuit on Wednesday that his intellectual disabilities make capital punishment unconstitutional .
7 . )
The United Kingdom approved the mass use of a new vaccine against the deadly coronavirus on Wednesday , becoming the first Western nation to do so and marking a hopeful turning point in the pandemic .
8 . )
The United Nations is warning the world must slow down fossil fuel production by 6 % a year over the next decade if humanity @ @ @ @ @ @ @ climate change .

Top eight stories for today including the United Kingdom approved the mass use of a new vaccine against the deadly coronavirus; The United Nations said the world must slow down fossil fuel production by 6% a year over the next decade if humanity hopes to stave off catastrophic damage from climate change; The ACLU complained in federal court that the Trump administration is staying mum about its efforts to track immigrants’ movements using cellphone location data, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight stories for today including the United Kingdom approved the mass use of a new vaccine against the deadly coronavirus; The United Nations said the world must slow down fossil fuel production by 6% a year over the next decade if humanity hopes to stave off catastrophic damage from climate change; The ACLU complained in federal court that the Trump administration is staying mum about its efforts to track immigrants’ movements using cellphone location data, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Demanding to see the paper trail, the ACLU complained in federal court Wednesday that the Trump administration is staying mum about its efforts to track immigrants’ movements using cellphone location data.
FILE - In this April 7, 2020, file photo, some people wear masks while using the New York City subway system during the coronavirus pandemic in New York. New York's mass transit agency wants Apple to come up with a better way for iPhone users to unlock their phones without taking off their masks, as it seeks to guard against the spread of COVID-19 in buses and subways. (AP Photo/John Minchillo, File)
2.) The Los Angeles Times sued a trio of government agencies claiming they are withholding crucial documents detailing allegations of widespread sexual abuse and misconduct at ICE detention centers.
FILE - In this Nov. 15, 2019, file photo, a detainee talks on the phone in his pod at the Stewart Detention Center in Lumpkin, Ga. While much of daily life has ground to a halt to reduce the spread of the coronavirus, the Trump administration is resisting calls from immigration judges and attorneys to stop in-person hearings and shutter all immigration courts. They say the most pressing hearings can still be done by phone so immigrants aren't stuck in detention indefinitely. (AP Photo/David Goldman, File)
3.) Prison officials defended their handling of the pandemic before the House even as reports show that nearly 20% of the federal inmate population have tested positive for Covid-19.
Screenshot of a hearing Tuesday, Dec. 2, 2020, of the House Subcommittee on Crime, Terrorism, and Homeland Security, an arm of the Judiciary Committee. (Image via Courthouse News)
4.) Emotional support pets and service animals that aren’t dogs will no longer be allowed on planes after the Transportation Department finalized a rule Wednesday limiting animals on flights.
A service dog strolls through the isle inside a United Airlines plane at Newark Liberty International Airport while taking part of a training exercise, Saturday, April 1, 2017, in Newark, N.J. Trainers took dogs through security check and onto a plane as part of the exercise put on by the Seeing Eye puppy program. (AP Photo/Julio Cortez)
Regional
5.) The Ninth Circuit gave California a green light Wednesday to move forward with a contested highway project through a majestic grove of ancient redwood trees, reversing a lower court ruling that halted construction pending further environmental review.
Highway 101 winds through groves of majestic redwood trees in Northern California. (William Dotinga/Courthouse News)
6.) An Ohio man whose death sentence was overturned earlier this year by a panel of judges argued before the full Sixth Circuit on Wednesday that his intellectual disabilities make capital punishment unconstitutional.
FILE - In this Nov. 20, 2008, file photo, the execution chamber at the Washington State Penitentiary is shown with the witness gallery behind glass at right, in Walla Walla, Wash. Washington state's Supreme Court has ruled that the death penalty violates its Constitution. The ruling Thursday, Oct. 11, 2018, makes Washington the latest state to do away with capital punishment. They ordered that people currently on death row have their sentences converted to life in prison. (AP Photo/Ted S. Warren, File)
International
7.) The United Kingdom approved the mass use of a new vaccine against the deadly coronavirus on Wednesday, becoming the first Western nation to do so and marking a hopeful turning point in the pandemic.
A truck leaves Pfizer Manufacturing in Puurs, Belgium, on Wednesday, Dec. 2, 2020. British officials authorized a COVID-19 vaccine for emergency use on Wednesday, greenlighting the world's first shot against the virus that's backed by rigorous science and taking a major step toward eventually ending the pandemic. (AP Photo/Virginia Mayo)
8.) The United Nations is warning the world must slow down fossil fuel production by 6% a year over the next decade if humanity hopes to stave off catastrophic damage from climate change.


Music Business

CHICAGO — Chance the Rapper ’ s former manager claims in Illinois state court he is still owed an unspecified @ @ @ @ @ fired when the musician ’ s most recent album and tour flopped .


Tuition Subsidies

PHOENIX — The Arizona Supreme Court revived the state attorney general ’ s suit against the Arizona Board of Regents @ @ @ @ @ for DACA recipients .
The attorney general “ is entitled to prove that , in @ @ @ @ @ of students who were unlawfully present , ABOR illegally expended funds beyond the amount of @ @ @ @


Clean Water

RICHMOND , Va. — The Fourth Circuit halted construction of a pipeline in West Virginia in a Clean Water Act @ @ @ @ @ Club , finding that the pipeline project does not qualify to be governed by a @ @ @ @ @ the pipeline company must go through the more arduous individual Clean Water Act permitting process @


courthousenews--2020-12-03--Scientists Unveil Massive Data Catalog of 2 Billion Stars

( CN ) — An international team of researchers and astronomers released Thursday a host of new data on the positions and brightness of nearby stars , representing the largest ever stellar catalog of information for the Milky Way to date .
Astronomers made the announcement during a presentation at a special briefing hosted by the Royal Astronomical Society , where they unveiled the new information regarding positions , movements , brightness and even the colors of stars in the Milky Way .
For as long as astrophysicists and stargazers have labored to unravel the mysteries of the cosmos and @ @ @ @ @ @ @ that inhabit outer space , researchers have relied on the data collected from a branch of astronomy known as astrometry .
Astrometry primarily deals with the exact measurements of stars and other planetary bodies , such as their positions in space and their movement patterns , and is responsible for uncovering data that is crucial to experts ’ understanding of the universe .
As part of an effort to assist with this goal , in 2013 the European Space Agency successfully launched the Gaia space observatory , a spacecraft built to measure the @ @ @ @ @ @ @ Milky Way with never-before-seen accuracy .
It operates largely within a quadrant of space known as the Lagrange 2 ( L2 ) point , where its unique distance from the sun and position between the sun and Earth ’ s gravitational pulls give it a stable , virtually unobstructed vantage point to collect and analyze star data .
Now , nearly eight years after Gaia was first launched , researchers have announced a fresh batch of data collected by the spacecraft that acts as the most comprehensive data release for stars located in @ @ @ @ @ @ @ Thursday ’ s announcement follows two previous data releases from years prior that had already released sizable portions of stellar data from the Gaia spacecraft .
Taken together , the three stellar information packages have revealed the positions of more than 2 billion stars in our galaxy , with the most recent reveal offering up measurements far more detailed than anything found in the previous two .
Researchers also revealed measurements of around 300,000 stars that orbit closest to the sun , measurements that can give researchers the ability to predict potential changes @ @ @ @ @ @ @ million years or so .
This , for instance , confirmed to researchers that our solar system is gradually but noticeable increasing its acceleration around the Milky Way and that the sun of our solar system is moving towards the center of the galaxy by around 0.2 inches per second every year .
Floor van Leeuwen of the Institute of Astronomy at the University of Cambridge and UK Gaia DPAC Project Manager says this new information is not only astoundingly detailed , but can potentially help scientists around the world look deeper into @ @ @ @ @ @ @ lifespan of our galaxy .
“ Gaia is measuring the distances of hundreds of millions of objects that are many thousands of light years away , at an accuracy equivalent to measuring the thickness of hair at a distance of more than 2,000 kilometers , ” van Leeuwen said with the release of the study .
“ These data are one of the backbones of astrophysics , allowing us to forensically analyze our stellar neighborhood , and tackle crucial questions about the origin and future of our Galaxy.
” Thursday ’ s data @ @ @ @ @ @ @ focused on stellar information in the Milky Way .
Gaia also performed a data deconstruction of two of the largest companion galaxies to the Milky Way , known as the Small and Large Magellanic Clouds , revealing the diverse stellar networks of the two systems and the bridge of stars that connect them .
Researchers report that even with this massive data release , Gaia ’ s mission is still not complete .
Experts anticipate that the spacecraft will continue to collect data until at least 2022 , noting that a mission extension @ @ @ @ @ @ @ to the fact that the spacecraft has withstood the harshness of outer space much better than was originally anticipated .
Regardless of how long the mission lasts , experts say future data releases will include stellar positions nearly twice as precise as those reported so far .
The data from these future releases , including those announced Thursday , will be available to scientists and the public free of charge .

An international team of researchers and astronomers released Thursday a host of new data on the positions and brightness of nearby stars, representing the largest ever stellar catalog of information for the Milky Way to date.
(CN) — An international team of researchers and astronomers released Thursday a host of new data on the positions and brightness of nearby stars, representing the largest ever stellar catalog of information for the Milky Way to date.
Astronomers made the announcement during a presentation at a special briefing hosted by the Royal Astronomical Society, where they unveiled the new information regarding positions, movements, brightness and even the colors of stars in the Milky Way.
For as long as astrophysicists and stargazers have labored to unravel the mysteries of the cosmos and make startling observations regarding the countless objects that inhabit outer space, researchers have relied on the data collected from a branch of astronomy known as astrometry.
Astrometry primarily deals with the exact measurements of stars and other planetary bodies, such as their positions in space and their movement patterns, and is responsible for uncovering data that is crucial to experts’ understanding of the universe.
As part of an effort to assist with this goal, in 2013 the European Space Agency successfully launched the Gaia space observatory, a spacecraft built to measure the movement and measurements of stars in the Milky Way with never-before-seen accuracy.
It operates largely within a quadrant of space known as the Lagrange 2 (L2) point, where its unique distance from the sun and position between the sun and Earth’s gravitational pulls give it a stable, virtually unobstructed vantage point to collect and analyze star data.
Now, nearly eight years after Gaia was first launched, researchers have announced a fresh batch of data collected by the spacecraft that acts as the most comprehensive data release for stars located in a huge chunk of our galaxy.
Thursday’s announcement follows two previous data releases from years prior that had already released sizable portions of stellar data from the Gaia spacecraft. Taken together, the three stellar information packages have revealed the positions of more than 2 billion stars in our galaxy, with the most recent reveal offering up measurements far more detailed than anything found in the previous two.
Researchers also revealed measurements of around 300,000 stars that orbit closest to the sun, measurements that can give researchers the ability to predict potential changes in our solar system over the next million years or so.
This, for instance, confirmed to researchers that our solar system is gradually but noticeable increasing its acceleration around the Milky Way and that the sun of our solar system is moving towards the center of the galaxy by around 0.2 inches per second every year.
Floor van Leeuwen of the Institute of Astronomy at the University of Cambridge and UK Gaia DPAC Project Manager says this new information is not only astoundingly detailed, but can potentially help scientists around the world look deeper into the complex and mysterious questions surrounding the lifespan of our galaxy.
“Gaia is measuring the distances of hundreds of millions of objects that are many thousands of light years away, at an accuracy equivalent to measuring the thickness of hair at a distance of more than 2,000 kilometers,” van Leeuwen said with the release of the study. “These data are one of the backbones of astrophysics, allowing us to forensically analyze our stellar neighborhood, and tackle crucial questions about the origin and future of our Galaxy."
Thursday’s data reveal, however, was not just focused on stellar information in the Milky Way. Gaia also performed a data deconstruction of two of the largest companion galaxies to the Milky Way, known as the Small and Large Magellanic Clouds, revealing the diverse stellar networks of the two systems and the bridge of stars that connect them.
Researchers report that even with this massive data release, Gaia’s mission is still not complete. Experts anticipate that the spacecraft will continue to collect data until at least 2022, noting that a mission extension to 2025 is on the table due to the fact that the spacecraft has withstood the harshness of outer space much better than was originally anticipated.
Regardless of how long the mission lasts, experts say future data releases will include stellar positions nearly twice as precise as those reported so far.
The data from these future releases, including those announced Thursday, will be available to scientists and the public free of charge.


courthousenews--2020-12-03--Family Sues SDSU, Fraternity Over Son’s Hazing Death

SAN DIEGO ( CN ) — The family of a 19-year-old San Diego State University student who was so drunk after being hazed at a fraternity pledge event he fell from his bunk bed , suffered a skull fracture and was taken off life support , claim in a wrongful death lawsuit the fraternity attempted to cover-up what happened .
In a 57-page complaint filed Nov. 25 and made available in San Diego Superior Court Wednesday , Dylan Bartolo Hernandez ’ s family claims SDSU failed to enforce and the Phi Gamma Delta fraternity failed to comply with the school @ @ @ @ @ @ @ and anti-hazing statutes aimed at preventing injuries which students could sustain from alcohol-laden Greek life initiation activities .
Bartolo Hernandez attended a “ Big Brother , Little Brother Night ” — dubbed as one of the “ three deadly nights ” — when pledging the Phi Gamma Delta fraternity Nov 6 , 2019 where his family claims “ several members , officers and agents of Phi Gamma Delta hazed Dylan by forcing him to consume large amounts of alcohol , play drinking games , paddling , etc.
” The 19-year-old and his pledge @ @ @ @ @ @ @ upstairs , screamed at , threatened , and hit ” in the fraternity house on Montezuma Road before being “ forced to consume shots of vodka and rum to the point of intoxication , ” his family claims .
“ By 10:00 p.m. , Dylan ’ s speech was slurred , he could not walk on his own , he had stumbled and fallen several times , he had become ill , and he did not even have the mental or physical ability to use his own cell phone , ” the family @ @ @ @ @ @ @ his residence hall on campus .
In the middle of the night he fell from his bunk bed and was found unresponsive the next morning .
He had suffered a skull fracture and was placed on life support , but his injuries were too severe to recover from and he was taken off life support Nov. 8 , 2019 .
But prior to Hernandez ’ s passing , his family claims the fraternity , which was supposed to serve as his collegiate family , was already attempting to silence its SDSU members from @ @ @ @ @ @ @ State University , SDSU and Phi Gamma Delta began their investigation into the cause and circumstances of his death on Nov. 7 , 2019 .
But at a Phi Gamma Delta chapter meeting , executive director Rob Caudill and other leaders told fraternity members “ silence is golden ” and “ do not provide the authorities or school with any information.
” “ In addition , members and pledges were instructed via the Fraternity ’ s SnapChat and GroupMe accounts to ‘ Keep your mouths shut !
’ ‘ Just remember , Silence @ @ @ @ @ @ @ ’ s phone ’ and wipe all ’ incriminating ’ evidence off of it and your phones , ” according to the complaint .
Before evidence could be destroyed , his sisters retrieved videos , photos and social media messages from Hernandez ’ s cellphone , the family claims , and forwarded the information to SDSU ’ s police .
“ Despite receiving the incriminating evidence on November 7-8 , 2019 and knowing the fraternity related defendants ’ intent to destroy incriminating evidence , SDSU ’ s police department did not seek a @ @ @ @ @ @ @ of the fraternity related defendants until November 27 , 2019 , ” the family claims .
Additionally : “ When they finally tried , the fraternity related defendants advised that they had lawyers provided by Phi Gamma Delta and that they would not answer any questions.
” An investigation by SDSU ’ s police department released to the family Dec. 24 , 2019 confirmed their claims , including that their son ’ s blood alcohol content was dangerously high , he was exhibiting signs of acute alcohol poisoning and that fraternity members had @ @ @ @ @ @ @ ” Despite videos of the hazing event and SDSU ’ s investigation , fraternity officers and members were allowed to remain on campus .
“ SDSU has not so much as reprimanded one individual for their involvement in the dangerous hazing that numerous pledges suffered in the fall of 2019 , much less on November 6-7 , 2019 , ” the family claims .
Only after learning about the family ’ s intent to file a lawsuit this past August did Phi Gamma Delta and its executive director Rob Caudill notify SDSU it @ @ @ @ @ @ @ ” at the school .
In a letter to the school Aug. 13 , Caudill “ belatedly admitted ” Hernandez had been hazed and the fraternity had obstructed and destroyed evidence related to the investigation , according to the complaint .
Named defendants include the national chapter of Phi Gamma Delta , as well as individual fraternity leaders and members , CSU , SDSU and university president Adela De La Torre , as well as Foliot Furniture Pacific Inc .
The Hernandez family seeks unspecified economic and noneconomic damages .
They are represented @ @ @ @ @ @ @ respond to an after-hours email request for comment .
SDSU and Phi Gamma Delta also did not immediately respond to requests for comment .

The family of a 19-year-old San Diego State University student who was so drunk after being hazed at a fraternity pledge event he fell from his bunk bed, suffered a skull fracture and was taken off life support, claim in a wrongful death lawsuit the fraternity attempted to cover-up what happened.
SAN DIEGO (CN) — The family of a 19-year-old San Diego State University student who was so drunk after being hazed at a fraternity pledge event he fell from his bunk bed, suffered a skull fracture and was taken off life support, claim in a wrongful death lawsuit the fraternity attempted to cover up what happened.
In a 57-page complaint filed Nov. 25 and made available in San Diego Superior Court Wednesday, Dylan Bartolo Hernandez’s family claims SDSU failed to enforce and the Phi Gamma Delta fraternity failed to comply with the school’s zero-tolerance policy and anti-hazing statutes aimed at preventing injuries which students could sustain from alcohol-laden Greek life initiation activities.
Bartolo Hernandez attended a “Big Brother, Little Brother Night” — dubbed as one of the “three deadly nights” — when pledging the Phi Gamma Delta fraternity Nov 6, 2019 where his family claims “several members, officers and agents of Phi Gamma Delta hazed Dylan by forcing him to consume large amounts of alcohol, play drinking games, paddling, etc.”
The 19-year-old and his pledge brothers were “blindfolded, taken upstairs, screamed at, threatened, and hit” in the fraternity house on Montezuma Road before being “forced to consume shots of vodka and rum to the point of intoxication,” his family claims.
“By 10:00 p.m., Dylan’s speech was slurred, he could not walk on his own, he had stumbled and fallen several times, he had become ill, and he did not even have the mental or physical ability to use his own cell phone,” the family claims.
Hernandez was later walked to his residence hall on campus. In the middle of the night he fell from his bunk bed and was found unresponsive the next morning.
He had suffered a skull fracture and was placed on life support, but his injuries were too severe to recover from and he was taken off life support Nov. 8, 2019.
But prior to Hernandez’s passing, his family claims the fraternity, which was supposed to serve as his collegiate family, was already attempting to silence its SDSU members from going public with what happened.
California State University, SDSU and Phi Gamma Delta began their investigation into the cause and circumstances of his death on Nov. 7, 2019.
But at a Phi Gamma Delta chapter meeting, executive director Rob Caudill and other leaders told fraternity members “silence is golden” and “do not provide the authorities or school with any information.”
“In addition, members and pledges were instructed via the Fraternity's SnapChat and GroupMe accounts to ‘Keep your mouths shut!’ ‘Just remember, Silence is Golden!’ ‘Get Dylan's phone’ and wipe all ’incriminating’ evidence off of it and your phones,” according to the complaint.
Before evidence could be destroyed, his sisters retrieved videos, photos and social media messages from Hernandez’s cellphone, the family claims, and forwarded the information to SDSU’s police.
“Despite receiving the incriminating evidence on November 7-8, 2019 and knowing the fraternity related defendants’ intent to destroy incriminating evidence, SDSU's police department did not seek a warrant or attempt to speak to any of the fraternity related defendants until November 27, 2019,” the family claims.
Additionally: “When they finally tried, the fraternity related defendants advised that they had lawyers provided by Phi Gamma Delta and that they would not answer any questions.”
An investigation by SDSU’s police department released to the family Dec. 24, 2019 confirmed their claims, including that their son’s blood alcohol content was dangerously high, he was exhibiting signs of acute alcohol poisoning and that fraternity members had been directed to destroy “incriminating evidence.”
Despite videos of the hazing event and SDSU’s investigation, fraternity officers and members were allowed to remain on campus.
“SDSU has not so much as reprimanded one individual for their involvement in the dangerous hazing that numerous pledges suffered in the fall of 2019, much less on November 6-7, 2019,” the family claims.
Only after learning about the family’s intent to file a lawsuit this past August did Phi Gamma Delta and its executive director Rob Caudill notify SDSU it had decided “to close its chapter” at the school.
In a letter to the school Aug. 13, Caudill “belatedly admitted” Hernandez had been hazed and the fraternity had obstructed and destroyed evidence related to the investigation, according to the complaint.
But in an emailed statement, Caudill called the allegations in the lawsuit “false” and “based on information that is demonstrably inaccurate.”
“The truth is that the international organization acted with transparency throughout this tragic situation, and we worked closely with investigators to gather and share all the relevant facts about what transpired,” Caudill said.. “We moved immediately to temporarily suspend this chapter, and once our disciplinary process determined that our policies on alcohol use and student safety had been compromised, we suspended its charter permanently. Our highest priority is the safety of our members and anyone associated with our organization, we will continue to do everything in our power to make positive impacts on college and community.”
Named defendants include the national chapter of Phi Gamma Delta, as well as individual fraternity leaders and members, CSU, SDSU and university president Adela De La Torre, as well as Foliot Furniture Pacific Inc.
The Hernandez family seeks unspecified economic and noneconomic damages. They are represented by attorney George Kindley who did not respond to an after-hours email request for comment.
SDSU spokeswoman Cory Marshall said the university has not seen the lawsuit and cannot comment on it. The week following Hernandez’s death, SDSU President Adela de la Torre commissioned two task force groups on student activities and safety and alcohol and substance misuse.
The groups shared recommendations with SDSU earlier this year, some of which the school has implemented including establishing a hazing prevention task force which had its first meeting this fall.


courthousenews--2020-12-03--Fourth Circuit Upholds North Carolina Voter ID Law

RALEIGH , N.C. ( CN ) — A federal judge incorrectly halted a North Carolina law requiring voters to present photo ID at the polls , a Fourth Circuit panel ruled on Wednesday .
Reversing a lower-court decision , a three-judge panel unanimously ruled to allow the Tar Heel State ’ s latest photo ID law to move forward .
The appeals court panel responsible for Wednesday ’ s reversal was made up of U.S .
Circuit Judge Pamela Harris , a Barack Obama nominee , as well as Trump-nominated Judges Julius Richardson and A. Marvin Quattlebaum Jr .
When @ @ @ @ @ @ @ legislators approved the 2018 law — after overriding Democratic Governor Roy Cooper ’ s veto — the state and county chapters of the NAACP swiftly filed a federal challenge .
The lawsuit , filed in the Middle District of North Carolina , alleged the measure was “ passed with a discriminatory intent and will produce discriminatory results on African-American and Latinx voters.
” Siding with the civil rights group in December 2019 , U.S. District Judge Loretta Biggs ruled that the law was influenced by racial bias .
She cited a case involving @ @ @ @ @ @ @ that had been struck down on similar grounds and issued a preliminary injunction that blocked the latest law from moving forward .
But , the Fourth Circuit on Wednesday said she made the wrong decision and failed to focus on the law itself .
The 29-page opinion written by Judge Richardson states that the lower court erred by not adhering to prior circuit findings and Supreme Court precedent .
“ Instead , it considered the North Carolina General Assembly ’ s past conduct to bear so heavily on its later acts that it @ @ @ @ @ @ @ a voter-ID law that meets constitutional muster , ” Richardson wrote .
He added that the way Biggs made this decision improperly reversed the burden of proof onto the lawmakers .
More simply put , Richardson said , the district court penalized the General Assembly “ because of who they were , instead of what they did.
” The panel wrote that it has no doubt “ there is a long and shameful history of race-based voter suppression in North Carolina , ” but clarified that previous findings do not “ freeze North @ @ @ @ @ @ @ NAACP and other critics say the identification requirement would create just another unnecessary barrier for already disenfranchised voters .
“ There is no room for racially discriminatory law under our Constitution and under the Voting Rights Act , ” said T. Anthony Spearman , president of the state ’ s NAACP chapter , in response to Wednesday ’ s ruling .
“ The NC NAACP will not rest until we have vindicated fully the rights of African Americans , the Latinx community , and the most vulnerable in this state to access the @ @ @ @ @ @ @ added .
The case can still be appealed in federal court , and NAACP attorney Irv Joyner said the organization is considering all appellate options in light of Wednesday ’ s decision .
Members of the organization “ steadfastly believe ” that Judge Biggs ’ s findings were “ correct at the preliminary injunction phase , ” Joyner said in a statement .
“ Nonetheless , under the reasoning of the decision today , NC NAACP Plaintiffs ’ evidence will also prevail at trial on the full merits and we look forward to @ @ @ @ @ @ @ the attorney added .
The ruling was applauded by Republican lawmakers who have sought for years to enact a voter ID law in North Carolina .
Many GOP leaders have argued that such a law could bolster election security .
“ Now that a federal appeals court has approved North Carolina ’ s voter ID law and constitutional amendment , they must be implemented for the next election cycle in our state , ” Republican State House Speaker Tim Moore , who sponsored the 2018 constitutional amendment behind the law , said in @ @ @ @ @ @ @ was barred from impacting the 2020 elections and is still frozen while a separate state case is pending .
“ Our fight continues no matter the makeup of any court or any one decision , good or bad , on the journey to free and fair political participation , ” Spearman said .

A federal judge incorrectly halted a North Carolina law requiring voters to present photo ID at the polls, a Fourth Circuit panel ruled on Wednesday.
RALEIGH, N.C. (CN) — A federal judge incorrectly halted a North Carolina law requiring voters to present photo ID at the polls, a Fourth Circuit panel ruled on Wednesday.
Reversing a lower-court decision, a three-judge panel unanimously ruled to allow the Tar Heel State’s latest photo ID law to move forward.
The appeals court panel responsible for Wednesday’s reversal was made up of U.S. Circuit Judge Pamela Harris, a Barack Obama nominee, as well as Trump-nominated Judges Julius Richardson and A. Marvin Quattlebaum Jr.
When the state’s Republican supermajority of legislators approved the 2018 law — after overriding Democratic Governor Roy Cooper’s veto — the state and county chapters of the NAACP swiftly filed a federal challenge.
The lawsuit, filed in the Middle District of North Carolina, alleged the measure was “passed with a discriminatory intent and will produce discriminatory results on African-American and Latinx voters.”
Siding with the civil rights group in December 2019, U.S. District Judge Loretta Biggs ruled that the law was influenced by racial bias.
She cited a case involving a previous North Carolina voter ID law that had been struck down on similar grounds and issued a preliminary injunction that blocked the latest law from moving forward.
But, the Fourth Circuit on Wednesday said she made the wrong decision and failed to focus on the law itself.
The 29-page opinion written by Judge Richardson states that the lower court erred by not adhering to prior circuit findings and Supreme Court precedent.
“Instead, it considered the North Carolina General Assembly’s past conduct to bear so heavily on its later acts that it was virtually impossible for it to pass a voter-ID law that meets constitutional muster,” Richardson wrote.
He added that the way Biggs made this decision improperly reversed the burden of proof onto the lawmakers.
More simply put, Richardson said, the district court penalized the General Assembly “because of who they were, instead of what they did.”
The panel wrote that it has no doubt “there is a long and shameful history of race-based voter suppression in North Carolina,” but clarified that previous findings do not “freeze North Carolina election law in place.”
The NAACP and other critics say the identification requirement would create just another unnecessary barrier for already disenfranchised voters.
“There is no room for racially discriminatory law under our Constitution and under the Voting Rights Act,” said T. Anthony Spearman, president of the state’s NAACP chapter, in response to Wednesday’s ruling.
“The NC NAACP will not rest until we have vindicated fully the rights of African Americans, the Latinx community, and the most vulnerable in this state to access the sacred right to vote,” Spearman added.
The case can still be appealed in federal court, and NAACP attorney Irv Joyner said the organization is considering all appellate options in light of Wednesday’s decision.
Members of the organization “steadfastly believe” that Judge Biggs’s findings were “correct at the preliminary injunction phase,” Joyner said in a statement.
“Nonetheless, under the reasoning of the decision today, NC NAACP Plaintiffs’ evidence will also prevail at trial on the full merits and we look forward to the fight for justice ahead,” the attorney added.
The ruling was applauded by Republican lawmakers who have sought for years to enact a voter ID law in North Carolina.
Many GOP leaders have argued that such a law could bolster election security.
“Now that a federal appeals court has approved North Carolina’s voter ID law and constitutional amendment, they must be implemented for the next election cycle in our state,” Republican State House Speaker Tim Moore, who sponsored the 2018 constitutional amendment behind the law, said in a statement on Wednesday.
The law was barred from impacting the 2020 elections and is still frozen while a separate state case is pending.
“Our fight continues no matter the makeup of any court or any one decision, good or bad, on the journey to free and fair political participation,” Spearman said.