courthousenews--2020-08-06--Two Charged With Hate Crimes in Attack Against Black Lives Matter Protesters

SAN DIEGO ( CN ) — Two men accused of sucker punching a Black Lives Matter protester and throwing eggs at others at a June protest were charged with hate crimes Thursday by the San Diego district attorney .
Jeffrey Brook aka Jeffrey Brooks , 38 , and Henry Brooks Jr. , 32 , were charged with hate crimes related to a June 7 incident during a Black Lives Matter protest in the south San Diego beach community of Imperial Beach .
Jeffrey Brook , who is white , was filmed on a cellphone sucker punching long-time IB resident and @ @ @ @ @ @ @ of the head while he was filming the protest .
Boyd , who is black , fell and hit the back of his head on the concrete .
Others came to Boyd ’ s aid , while some of the protesters chased down Brook .
Henry Brooks Jr. was accused of throwing eggs at the protesters .
The men are out of custody and have warrants out for their arrests , according to the District Attorney ’ s Office .
A spokesman for the District Attorney ’ s Office would not confirm whether @ @ @ @ @ @ @ Beach Mayor Pro Tempore Paloma Aguirre said at least one of them is a local resident and she believed they are family members .
Imperial Beach Mayor Serge Dedina immediately called for the sheriff ’ s department to investigate the assault .
He later stated he had personally witnessed racist violence in Imperial Beach when calling for prosecutors to file hate crime charges .
Next week the city is hosting a virtual town hall on hate crimes with District Attorney Summer Stephen and Deputy District Attorney Leonard Trinh , who prosecutes hate crimes @ @ @ @ @ @ @ s death penalty case against accused Poway synagogue shooter John Earnest .
In 2018 and 2019 , the San Diego District Attorney ’ s Office filed hate crime charges against 30 people , an increase from previous years .
Race-based hate crimes account for more than half of hate crimes in San Diego County , according to the office .
The District Attorney ’ s Office set up an online form and hotline this year for members of the public to report hate crimes after a man was arrested in an apparent Covid-19 @ @ @ @ @ @ @ to be Chinese-American .
“ We know that people often don ’ t report hate crimes because of fear or shame , and we wanted to provide a direct avenue to encourage victims or witnesses to hate crimes to report , ” Stephen said in a statement .
Dedina said in an interview with Courthouse News he was thankful the district attorney was “ adamant ” in reviewing the case to determine whether hate crime charges should be filed .
“ It establishes the fact we have to reject the history of racist @ @ @ @ @ @ @ and make sure it never happens again , ” Dedina said .
Growing up in the beach community in the 70s and 80s , Dedina said Imperial Beach was “ a hotbed of white supremacist groups ” like the San Diego-based Aryan Brotherhood .
Dedina said he witnessed an attack when he was 16-years-old in 1980 and the attack on Boyd was similar to those of decades prior where people of color were frequently attacked from behind on the pier .
“ This is not a secret history , but something well known @ @ @ @ @ @ @ about it because they are embarrassed about the history , ” Dedina said .
“ It ’ s a story that needs to be told so we can be honest about why these crimes continue to happen.
” Dedina said his mayoral campaign in 2018 was marred by racism and anti-Semitism , but he decided not to publicly address it at the time .
“ In retrospect , we should have , ” Dedina said .
Aguirre ran for public office for the first time in 2018 and said her campaign was also @ @ @ @ @ @ @ credible the sheriff ’ s department recommended she not participate in a public debate .
A threatening phone call wasn ’ t egregious enough for charges to be filed , Aguirre told Courthouse News , but a text message by someone who said they would use an AK-47 was serious enough that a sheriff ’ s investigation revealed the person had illegally obtained weapons .
“ The scarring was psychological and emotional knowing there are people who think and feel this way in Imperial Beach , ” Aguirre said .
“ I ’ @ @ @ @ @ @ @ in Imperial Beach , but I didn ’ t grow up there and moved there in 2003 .
The people who grew up there have a different picture – there were active white supremacists and biker gangs .
I never felt it until I had these threats to my safety and wellbeing , ” she added .

Two men accused of sucker punching a Black Lives Matter protester and throwing eggs at others at a June protest were charged with hate crimes Thursday by the San Diego district attorney.
SAN DIEGO (CN) — Two men accused of sucker punching a Black Lives Matter protester and throwing eggs at others at a June protest were charged with hate crimes Thursday by the San Diego district attorney.
Jeffrey Brook aka Jeffrey Brooks, 38, and Henry Brooks Jr., 32, were charged with hate crimes related to a June 7 incident during a Black Lives Matter protest in the south San Diego beach community of Imperial Beach.
Jeffrey Brook, who is white, was filmed on a cellphone sucker punching long-time IB resident and business owner Marcus Boyd in the back of the head while he was filming the protest. Boyd, who is black, fell and hit the back of his head on the concrete.
Others came to Boyd’s aid, while some of the protesters chased down Brook.
Henry Brooks Jr. was accused of throwing eggs at the protesters.
The men are out of custody and have warrants out for their arrests, according to the District Attorney’s Office.
A spokesman for the District Attorney’s Office would not confirm whether the men are related, but Imperial Beach Mayor Pro Tempore Paloma Aguirre said at least one of them is a local resident and she believed they are family members.
Imperial Beach Mayor Serge Dedina immediately called for the sheriff’s department to investigate the assault. He later stated he had personally witnessed racist violence in Imperial Beach when calling for prosecutors to file hate crime charges.
Next week the city is hosting a virtual town hall on hate crimes with District Attorney Summer Stephen and Deputy District Attorney Leonard Trinh, who prosecutes hate crimes in San Diego including the state’s death penalty case against accused Poway synagogue shooter John Earnest.
In 2018 and 2019, the San Diego District Attorney’s Office filed hate crime charges against 30 people, an increase from previous years.
Race-based hate crimes account for more than half of hate crimes in San Diego County, according to the office.
The District Attorney’s Office set up an online form and hotline this year for members of the public to report hate crimes after a man was arrested in an apparent Covid-19 motivated attack on a man he perceived to be Chinese-American.
“We know that people often don’t report hate crimes because of fear or shame, and we wanted to provide a direct avenue to encourage victims or witnesses to hate crimes to report,” Stephen said in a statement.
Dedina said in an interview with Courthouse News he was thankful the district attorney was “adamant” in reviewing the case to determine whether hate crime charges should be filed.
“It establishes the fact we have to reject the history of racist and white supremacist violence in Imperial Beach and make sure it never happens again,” Dedina said.
Growing up in the beach community in the 70s and 80s, Dedina said Imperial Beach was “a hotbed of white supremacist groups” like the San Diego-based Aryan Brotherhood.
Dedina said he witnessed an attack when he was 16-years-old in 1980 and the attack on Boyd was similar to those of decades prior where people of color were frequently attacked from behind on the pier.
“This is not a secret history, but something well known. People are angry we are talking about it because they are embarrassed about the history,” Dedina said. “It’s a story that needs to be told so we can be honest about why these crimes continue to happen.”
Dedina said his mayoral campaign in 2018 was marred by racism and anti-Semitism, but he decided not to publicly address it at the time.
“In retrospect, we should have,” Dedina said.
Aguirre ran for public office for the first time in 2018 and said her campaign was also tainted by threats, including one so credible the sheriff’s department recommended she not participate in a public debate.
A threatening phone call wasn’t egregious enough for charges to be filed, Aguirre told Courthouse News, but a text message by someone who said they would use an AK-47 was serious enough that a sheriff’s investigation revealed the person had illegally obtained weapons.
“The scarring was psychological and emotional knowing there are people who think and feel this way in Imperial Beach,” Aguirre said.
“I’ve heard hearsay things about the past in Imperial Beach, but I didn’t grow up there and moved there in 2003. The people who grew up there have a different picture – there were active white supremacists and biker gangs. I never felt it until I had these threats to my safety and wellbeing,” she added.


courthousenews--2020-08-07--Georgia Democrats Sue State Election Officials Over Voting Wait Times

( CN ) — Georgia election officials on Thursday were hit with a federal lawsuit that demands they overhaul the state ’ s voting infrastructure to avoid a repeat of the debacle of long lines that played out during the 2020 primary .
Filed by three voters and the Democratic Party of Georgia , the lawsuit claims the state ’ s persistent reduction in polling locations — combined with a lack of election planning — has disenfranchised voters in the Atlanta area for years on end .
The lawsuit chronicles the June primary in Georgia , which made headlines over @ @ @ @ @ @ @ in implementing the state ’ s new digital voting system .
Residents of Atlanta ’ s Fulton County purportedly waited as long as eight hours to vote and were still casting ballots after midnight .
Among the plaintiffs is Sara Alami , a Fulton County resident who allegedly had to wait “ six hours in the scorching heat ” to cast her vote during the primary .
She had planned on sending her vote in by mail , but her absentee ballot never arrived , according to the lawsuit .
Another plaintiff , @ @ @ @ @ @ @ waited for an hour to sign in at a polling location before being told to come back upon receiving a call from poll workers .
She claims she waited for the call and returned , only to wait another three hours to cast her vote .
By then , it was 1 a.m. “ If the [ defendants ] are not required to make substantial efforts to reduce long lines at polling locations by remedying their systemically poor election administration… deterred and disenfranchised voters will result , ” the lawsuit states .
The @ @ @ @ @ @ @ before the poll-staffing problems brought about by the Covid-19 outbreak , according to the lawsuit .
“ As bad as the situation would be in normal circumstances , the burden is made far worse by the global pandemic , ” the complaint reads .
Among other measures , the plaintiffs want the court to order several Georgia counties to set up more polling places for the November election , better train poll workers and provide emergency paper ballots .
The counties listed in the complaint include Fulton , Dekalb , Cobb , Gwinnett @ @ @ @ @ @ @ Douglas and Macon-Bibb .
Fulton , Gwinnett , Cobb and Dekalb are the state ’ s four most populous counties .
They represent Democratic strongholds on which the party relies on to offset votes from Republican-leaning counties in semi-rural areas across the state .
In a survey conducted by the Cooperative Congressional Election Study , Georgia had the longest wait time of any state in the U.S. for the 2018 midterm election .
In a statement issued in response to the lawsuit , the Georgia Secretary of State ’ s office said it @ @ @ @ @ @ @ the plaintiffs ’ ] proposed solutions plus many more.
” The office says it is aggressively recruiting poll workers and attempting to set up an online , absentee-ballot request portal to facilitate mail-in voting .
“ We have also compiled statistics on the pace of voting in every precinct in the state , which we gave to the counties… to help them identify the trouble spots and better allocate equipment and personnel in November , ” Deputy Secretary of State Jordan Fuchs said in the statement .
Georgia Secretary of State Brad Raffensperger @ @ @ @ @ @ @ , is named as a defendant alongside dozens of county officials .
The plaintiffs claim that voting has become increasingly difficult in Georgia since the Supreme Court ’ s 2013 decision to nix a key provision of the Voting Rights Act of 1965 , which required certain states and local governments to obtain federal pre-approval of changes to their voting practices .
The court found that the criteria for what areas would be subject to the provision were outdated and impinged on “ equal sovereignty of the states.
” “ After the United @ @ @ @ @ @ @ Shelby County v. Holder , Georgia began systematically closing and moving polling locations , ” the lawsuit states .
“ In the seven years since [ the decision ] , Georgia has added around two million new voters to the voting rolls .
Half of those new voters live in the ten counties around Atlanta .
Six of those ten counties around Atlanta have since eliminated approximately ten percent of their polling precincts.
” By all accounts , the Covid-19 epidemic created pervasive staffing and training problems at Georgia precincts throughout last June @ @ @ @ @ @ @ an early end to in-person training for the state ’ s new voting systems .
At one busy Dekalb County polling location last June , three quarters of the workers never showed up , and only half of the workers who did arrive had been trained , according to court documents .
Deputy Secretary Fuchs says her office will “ work around the clock from here through the elections — under the extraordinary circumstances of a pandemic — to ensure that all eligible Georgia voters are informed fully about any polling place changes @ @ @ @ @ @ @ poll workers , and that we do everything possible to minimize lines.
” Fuchs says that voting rights groups along with Democrats in the Republican-led state Legislature last Spring opposed legislation that would have mandated additional polling places or polling workers in precincts where voting wait times were longer than an hour in a previous primary or election .
One voting rights group , All Voting is Local , told the Atlanta Journal-Constitution in March that the bill SB 463 would confuse voters by changing their designated precinct .
The bill passed the @ @ @ @ @ @ @ s House of Representatives .

Georgia election officials on Thursday were hit with a federal lawsuit that demands they overhaul their voting infrastructure to avoid a repeat of the debacle of long lines that played out during the 2020 primary.
(CN) — Georgia election officials on Thursday were hit with a federal lawsuit that demands they overhaul the state's voting infrastructure to avoid a repeat of the debacle of long lines that played out during the 2020 primary.
Filed by three voters and the Democratic Party of Georgia, the lawsuit claims a persistent reduction in polling locations — combined with a lack of election planning — has disenfranchised voters in the Atlanta area for years on end.
The lawsuit chronicles the June primary in Georgia, which made headlines over hours-long wait times as well as missteps in implementing the state's new digital voting system. Residents of Atlanta's Fulton County purportedly waited as long as eight hours to vote and were still casting ballots after midnight.
Among the plaintiffs is Sara Alami, a Fulton County resident who allegedly had to wait “six hours in the scorching heat” to cast her vote during the primary. She had planned on sending her vote in by mail, but her absentee ballot never arrived, according to the lawsuit.
Another plaintiff, Cobb County resident Gianella Contreras Chavez, waited for an hour to sign in at a polling location before being told to come back upon receiving a call from poll workers. She claims she waited for the call and returned, only to wait another three hours to cast her vote. By then, it was 1 a.m.
"If the [defendants] are not required to make substantial efforts to reduce long lines at polling locations by remedying their systemically poor election administration... deterred and disenfranchised voters will result," the lawsuit states.
The voting infrastructure in Georgia was broken long before the poll-staffing problems brought about by the Covid-19 outbreak, according to the lawsuit.
"As bad as the situation would be in normal circumstances, the burden is made far worse by the global pandemic," the complaint reads.
Among other measures, the plaintiffs want the court to order several Georgia counties to set up more polling places for the November election, better train poll workers and provide emergency paper ballots.
The counties listed in the complaint include Fulton, Dekalb, Cobb, Gwinnett, Chatham, Clayton, Henry, Douglas and Macon-Bibb.
Fulton, Gwinnett, Cobb and Dekalb are the state's four most populous counties. They represent Democratic strongholds on which the party relies on to offset votes from Republican-leaning counties in semi-rural areas across the state.
In a survey conducted by the Cooperative Congressional Election Study, Georgia had the longest wait time of any state in the U.S. for the 2018 midterm election.
In a statement issued in response to the lawsuit, the Georgia Secretary of State's office said it is "working on all of [the plaintiffs'] proposed solutions plus many more." The office says it is aggressively recruiting poll workers and attempting to set up an online, absentee-ballot request portal to facilitate mail-in voting.
"We have also compiled statistics on the pace of voting in every precinct in the state, which we gave to the counties... to help them identify the trouble spots and better allocate equipment and personnel in November," Deputy Secretary of State Jordan Fuchs said in the statement.
Georgia Secretary of State Brad Raffensperger, who chairs the state election board, is named as a defendant alongside dozens of county officials.
The plaintiffs claim that voting has become increasingly difficult in Georgia since the Supreme Court's 2013 decision to nix a key provision of the Voting Rights Act of 1965, which required certain states and local governments to obtain federal pre-approval of changes to their voting practices.
The court found that the criteria for what areas would be subject to the provision were outdated and impinged on "equal sovereignty of the states."
"After the United States Supreme Court’s decision in Shelby County v. Holder, Georgia began systematically closing and moving polling locations," the lawsuit states. "In the seven years since [the decision], Georgia has added around two million new voters to the voting rolls. Half of those new voters live in the ten counties around Atlanta. Six of those ten counties around Atlanta have since eliminated approximately ten percent of their polling precincts."
By all accounts, the Covid-19 epidemic created pervasive staffing and training problems at Georgia precincts throughout last June's primary. The epidemic prompted an early end to in-person training for the state's new voting systems.
At one busy Dekalb County polling location last June, three quarters of the workers never showed up, and only half of the workers who did arrive had been trained, according to court documents.
Deputy Secretary Fuchs says her office will "work around the clock from here through the elections — under the extraordinary circumstances of a pandemic — to ensure that all eligible Georgia voters are informed fully about any polling place changes, that we have enough precincts and poll workers, and that we do everything possible to minimize lines."
Fuchs says that voting rights groups along with Democrats in the Republican-led state Legislature last Spring opposed legislation that would have mandated additional polling places or polling workers in precincts where voting wait times were longer than an hour in a previous primary or election.
One voting rights group, All Voting is Local, told the Atlanta Journal-Constitution in March that the bill SB 463 would confuse voters by changing their designated precinct.
The bill passed the Georgia Senate but not the state's House of Representatives.


courthousenews--2020-08-07--Judge Certifies Class Action for Thousands of Asylum Seekers

SAN DIEGO ( CN ) — A federal judge Thursday paved the way for thousands of asylum seekers to challenge the Trump administration ’ s block to the immigration process at ports of entry along the U.S.-Mexico border by certifying a class action .
U.S. District Judge Cynthia Bashant , a Barack Obama appointee , issued an 18-page order Thursday certifying a class of thousands of asylum seekers who had presented themselves at ports of entry along the U.S.-Mexico border and were denied access to the asylum process by Customs and Border Protection officials from January 1 , 2016 to @ @ @ @ @ @ @ in 2016 by individual asylum seekers and legal nonprofit Al Otro Lado , alleges in May 2016 CBP agents began “ metering ” the number of asylum seekers allowed to enter the port of entry to begin the immigration process by claiming POEs were “ at capacity.
” Thousands of people denied entry to the U.S. were put on unofficial waitlists kept in Mexican border towns and were essentially told to “ wait their turn ” before being able to begin the asylum process .
The asylum seekers claim the practice violates the @ @ @ @ @ @ @ Act , Alien Tort Statute and due process clause of the Fifth Amendment .
Bashant found while there may be nuances among the circumstances experienced by the individual class members when they were denied access to the asylum process , the alleged denial to the immigration process was the common factor which should be litigated through a class action , rather than individual lawsuits .
“ Plaintiffs allege that CBP officers refused to process asylum seekers , an act which they claim is unlawful regardless of the grounds for the refusal .
The @ @ @ @ @ @ @ , therefore , is the generally applicable ground for class-wide relief , ” Bashant wrote .
Mayer Brown attorney Stephen Medlock , who argued on behalf of the asylum seekers in a virtual hearing last week , said in a statement , “ Today ’ s ruling is another meaningful step in holding [ Department of Homeland Security ] and CBP accountable for implementing a turnback policy that flagrantly violates the Immigration and Nationality Act.
” In her order , Bashant denied the federal government ’ s request the asylum seekers “ turned @ @ @ @ @ @ @ various reasons be categorized as a separate class action from those “ metered ” at ports of entry due to alleged capacity problems .
“ Metering , like the other conduct alleged , is one way in which CBP officers turn asylum-seekers away from POEs instead of referring them to asylum officers for credible fear interviews , ” Bashant wrote .
“ The proposed class and subclass capture all individuals allegedly subject to some form of CBP conduct—metering or otherwise—that denied them access to this statutory process , ” she added .
The @ @ @ @ @ @ @ eight individual asylum seekers ’ claims regarding why they were “ turned back ” to Mexico are too varying to determine commonality was also rejected by Bashant .
Because the different practices regarding “ turnbacks ” were all practiced by a single agency , CBP , and the agency ’ s action resulted in the refusal to inspect or process asylum seekers , the claims are sufficiently common for a class action , Bashant wrote .
“ The different factual circumstances between each class member ’ s particular experience does not destroy commonality @ @ @ @ @ @ @ legal question regarding whether each and every class member was illegally denied access to the asylum system because of defendants ’ overarching policy , ” Bashant wrote .
The Justice Department ’ s contention the class period could not start until the metering policy was formalized in a memorandum issued to CBP officials in April 2018 was also rejected by Bahant who noted the claims by asylum seekers prior to the formal memo were not “ atypical simply because of their timing.
” “ Plaintiffs have alleged , with citation to supporting evidence @ @ @ @ @ @ @ at the San Ysidro POE in 2016 and that the metering policy adopted in 2018 was merely a formalization of this process , ” Bashant wrote .
An email request for comment was not immediately returned by the Department of Justice .

A federal judge Thursday paved the way for thousands of asylum seekers to challenge the Trump administration’s block to the immigration process at ports of entry along the U.S.-Mexico border by certifying a class action.
SAN DIEGO (CN) — A federal judge Thursday paved the way for thousands of asylum seekers to challenge the Trump administration’s block to the immigration process at ports of entry along the U.S.-Mexico border by certifying a class action.
U.S. District Judge Cynthia Bashant, a Barack Obama appointee, issued an 18-page order Thursday certifying a class of thousands of asylum seekers who had presented themselves at ports of entry along the U.S.-Mexico border and were denied access to the asylum process by Customs and Border Protection officials from January 1, 2016, to the present.
The lawsuit, brought in 2016 by individual asylum seekers and legal nonprofit Al Otro Lado, alleges in May 2016 CBP agents began “metering” the number of asylum seekers allowed to enter the port of entry to begin the immigration process by claiming POEs were “at capacity.”
Thousands of people denied entry to the U.S. were put on unofficial waitlists kept in Mexican border towns and were essentially told to “wait their turn” before being able to begin the asylum process.
The asylum seekers claim the practice violates the Immigration and Nationality Act, Administrative Procedures Act, Alien Tort Statute and due process clause of the Fifth Amendment.
Bashant found while there may be nuances among the circumstances experienced by the individual class members when they were denied access to the asylum process, the alleged denial to the immigration process was the common factor which should be litigated through a class action, rather than individual lawsuits.
“Plaintiffs allege that CBP officers refused to process asylum seekers, an act which they claim is unlawful regardless of the grounds for the refusal. The officers’ refusal to process asylum seekers, therefore, is the generally applicable ground for class-wide relief,” Bashant wrote.
Mayer Brown attorney Stephen Medlock, who argued on behalf of the asylum seekers in a virtual hearing last week, said in a statement, “Today’s ruling is another meaningful step in holding [Department of Homeland Security] and CBP accountable for implementing a turnback policy that flagrantly violates the Immigration and Nationality Act.”
In her order, Bashant denied the federal government’s request the asylum seekers “turned back” at ports of entry for various reasons be categorized as a separate class action from those “metered” at ports of entry due to alleged capacity problems.
“Metering, like the other conduct alleged, is one way in which CBP officers turn asylum-seekers away from POEs instead of referring them to asylum officers for credible fear interviews,” Bashant wrote.
“The proposed class and subclass capture all individuals allegedly subject to some form of CBP conduct — metering or otherwise — that denied them access to this statutory process,” she added.
The Justice Department’s argument that the eight individual asylum seekers’ claims regarding why they were “turned back” to Mexico are too varying to determine commonality was also rejected by Bashant.
Because the different practices regarding “turnbacks” were all practiced by a single agency, CBP, and the agency’s action resulted in the refusal to inspect or process asylum seekers, the claims are sufficiently common for a class action, Bashant wrote.
“The different factual circumstances between each class member’s particular experience does not destroy commonality because there is still a common underlying legal question regarding whether each and every class member was illegally denied access to the asylum system because of defendants’ overarching policy,” Bashant wrote.
The Justice Department’s contention the class period could not start until the metering policy was formalized in a memorandum issued to CBP officials in April 2018 was also rejected by Bahant who noted the claims by asylum seekers prior to the formal memo were not “atypical simply because of their timing.”
“Plaintiffs have alleged, with citation to supporting evidence, that defendants began metering asylum seekers at the San Ysidro POE in 2016 and that the metering policy adopted in 2018 was merely a formalization of this process,” Bashant wrote.
An email request for comment was not immediately returned by the Department of Justice.


courthousenews--2020-08-07--California Judge to Decide on Uber, Lyft Driver Classification

SAN FRANCISCO ( CN ) — The fate of more than 100,000 Uber and Lyft drivers lies in the hands of a state court judge , who after a nearly 3-hour hearing Thursday lamented his inability to fully predict the ramifications of a potential court order extending employment benefits to California drivers .
“ I feel a little like I ’ m being asked to jump into a body of water without knowing how deep it is , how cold the water is or what ’ s going to happen when I get in , ” San Francisco Superior Court @ @ @ @ @ @ @ court hearing Thursday .
Joined by the cities of San Francisco and San Diego , California Attorney General Xavier Becerra is asking Judge Schulman to issue a preliminary injunction that would require Uber and Lyft to comply with California ’ s Assembly Bill 5 and start classifying drivers as employees instead of independent contractors .
The state argues the worker misclassification has deprived drivers of crucial benefits , including minimum wage , overtime , sick pay , reimbursement for car and gas expenses , unemployment insurance , paid family leave and workers ’ @ @ @ @ @ @ @ preliminary injunction would force thousands of drivers to lose earning potential and federal benefits , eliminate scheduling flexibility for workers and require the companies to spend hundreds of millions of dollars on restructuring .
“ A sweeping injunction as we have here raises questions on what will be the effect on drivers ’ ability to earn income , hours they can work , eligibility for state and federal benefits , ” Schulman said .
Attorneys for Uber and Lyft were quick to point out that Judge Schulman and a federal judge previously rejected @ @ @ @ @ @ @ employees in a class action seeking emergency sick pay for drivers .
Both judges found that making Lyft provide a mere three days of sick leave as required by California law to a small portion of eligible drivers would put drivers at risk of losing emergency federal benefits for independent contractors .
But this lawsuit is different , San Francisco Deputy City Attorney Matthew Goldberg told the judge , because it would make drivers eligible for a more comprehensive panoply of state employment benefits , including up to 59 weeks of unemployment pay @ @ @ @ @ @ @ insurance and up to eight weeks of paid family leave .
“ The full range of California benefits is substantial , ” Goldberg said .
Representing Lyft , attorney Rohit Singla of Munger Tolles & Olson said drivers would earn less money if classified as employees .
He cited a study showing the average Lyft driver makes $ 20 per hour after car and gas expenses , far more than California ’ s $ 13 hourly minimum wage for large businesses .
“ They ’ re asking for this massive injunction that would @ @ @ @ @ @ @ losing earning opportunities without evidence of harm , ” Singla said .
Singla further insisted that drivers will lose flexibility if classified as employees , but nothing in California ’ s labor laws prevents companies from letting workers set their own schedules .
The Lyft lawyer also argued that his client could not maintain the same number of drivers if required to provide employment benefits .
Goldberg called that claim bogus .
“ Whether they reclassify employees or not , there will be precisely the number of drivers to meet the demand of @ @ @ @ @ @ @ There ’ s no reason to expect there will be less demand for these services.
” Despite clear evidence that state legislators specifically intended for AB5 to apply to gig companies , Uber attorney Theane Evangelis of Gibson Dunn & Crutcher steadfastly contended that her client is exempt from the law .
Evangelis said Uber is not the “ hiring entity ” of drivers that is subject to the law .
Uber does not employ drivers but rather provides a technology platform that connects drivers to riders , she argued .
She cited @ @ @ @ @ @ @ that gives California drivers the power to set their own rates for rides .
She added that a monthly subscription service for riders means Uber is not dependent on drivers to generate revenue , a concept Judge Schulman had some difficulty accepting .
“ You just said Uber is not financially dependent on drivers providing rides , ” Schulman said .
Evangelis replied that Uber , like Airbnb and eBay , is merely dependent on users using its platform .
Uber and Lyft also insisted that the balance of harms weighs in their @ @ @ @ @ @ @ hundreds of millions of dollars hiring new supervisors , creating new procedures and expanding its human resources and payroll systems to reclassify drivers as employees .
Countering that argument , Goldberg noted that both companies have a combined $ 11 billion in cash reserves and maintain large white-collar work forces to support their platforms .
Each of their software developers and white-collar workers get unemployment benefits , disability insurance , paid family leave and other perks , he said .
“ Extending this set of benefits to more workers I think administratively is @ @ @ @ @ @ @ that they already do this for thousands of workers , ” Goldberg told the judge .
After three hours of debate , Judge Schulman took the arguments under submission and said he would issue a written ruling “ in matter of days , not weeks .
”

The fate of more than 100,000 Uber and Lyft drivers lies in the hands of a state court judge, who after a nearly 3-hour hearing Thursday lamented his inability to fully predict the ramifications of a potential court order extending employment benefits to California drivers.
SAN FRANCISCO (CN) — The fate of more than 100,000 Uber and Lyft drivers lies in the hands of a state court judge, who after a nearly three-hour hearing Thursday lamented his inability to fully predict the ramifications of a potential court order extending employment benefits to California drivers.
“I feel a little like I’m being asked to jump into a body of water without knowing how deep it is, how cold the water is or what’s going to happen when I get in,” San Francisco Superior Court Judge Ethan Schulman said during a virtual court hearing Thursday.
Joined by the cities of San Francisco and San Diego, California Attorney General Xavier Becerra is asking Judge Schulman to issue a preliminary injunction that would require Uber and Lyft to comply with California’s Assembly Bill 5 and start classifying drivers as employees instead of independent contractors.
The state argues the worker misclassification has deprived drivers of crucial benefits, including minimum wage, overtime, sick pay, reimbursement for car and gas expenses, unemployment insurance, paid family leave and workers’ compensation.
Uber and Lyft say a preliminary injunction would force thousands of drivers to lose earning potential and federal benefits, eliminate scheduling flexibility for workers and require the companies to spend hundreds of millions of dollars on restructuring.
“A sweeping injunction as we have here raises questions on what will be the effect on drivers’ ability to earn income, hours they can work, eligibility for state and federal benefits,” Schulman said.
Attorneys for Uber and Lyft were quick to point out that Judge Schulman and a federal judge previously rejected efforts to make Lyft reclassify drivers as employees in a class action seeking emergency sick pay for drivers.
Both judges found that making Lyft provide a mere three days of sick leave as required by California law to a small portion of eligible drivers would put drivers at risk of losing emergency federal benefits for independent contractors.
But this lawsuit is different, San Francisco Deputy City Attorney Matthew Goldberg told the judge, because it would make drivers eligible for a more comprehensive panoply of state employment benefits, including up to 59 weeks of unemployment pay, up to 52 weeks of disability insurance and up to eight weeks of paid family leave.
“The full range of California benefits is substantial,” Goldberg said.
Representing Lyft, attorney Rohit Singla of Munger Tolles & Olson said drivers would earn less money if classified as employees. He cited a study showing the average Lyft driver makes $20 per hour after car and gas expenses, far more than California’s $13 hourly minimum wage for large businesses.
“They’re asking for this massive injunction that would lead to hundreds of thousands of people losing earning opportunities without evidence of harm,” Singla said.
Singla further insisted that drivers will lose flexibility if classified as employees, but nothing in California’s labor laws prevents companies from letting workers set their own schedules.
The Lyft lawyer also argued that his client could not maintain the same number of drivers if required to provide employment benefits. Goldberg called that claim bogus.
“Whether they reclassify employees or not, there will be precisely the number of drivers to meet the demand of riders,” Goldberg said. “There’s no reason to expect there will be less demand for these services.”
Despite clear evidence that state legislators specifically intended for AB5 to apply to gig companies, Uber attorney Theane Evangelis of Gibson Dunn & Crutcher steadfastly contended that her client is exempt from the law.
Evangelis said Uber is not the “hiring entity” of drivers that is subject to the law. Uber does not employ drivers but rather provides a technology platform that connects drivers to riders, she argued.
She cited recent changes to Uber’s platform that gives California drivers the power to set their own rates for rides. She added that a monthly subscription service for riders means Uber is not dependent on drivers to generate revenue, a concept Judge Schulman had some difficulty accepting.
“You just said Uber is not financially dependent on drivers providing rides,” Schulman said.
Evangelis replied that Uber, like Airbnb and eBay, is merely dependent on users using its platform.
Uber and Lyft also insisted that the balance of harms weighs in their favor because they would have to spend hundreds of millions of dollars hiring new supervisors, creating new procedures and expanding its human resources and payroll systems to reclassify drivers as employees.
Countering that argument, Goldberg noted that both companies have a combined $11 billion in cash reserves and maintain large white-collar work forces to support their platforms. Each of their software developers and white-collar workers get unemployment benefits, disability insurance, paid family leave and other perks, he said.
“Extending this set of benefits to more workers I think administratively is not as difficult as they allege given that they already do this for thousands of workers,” Goldberg told the judge.
After three hours of debate, Judge Schulman took the arguments under submission and said he would issue a written ruling “in matter of days, not weeks.”


courthousenews--2020-08-07--Trump-Backed Tennessee Political Newcomer Wins GOP Battle for Senate Seat

MANCHESTER , Tenn. ( CN ) — In the race that will help decide who will fill the senate seat of outgoing Tennessee Senator Lamar Alexander , Dr. Manny Sethi failed to overcome the weight of President Donald Trump ’ s endorsement of his opponent , U.S. former ambassador to Japan Bill Hagerty .
Hagerty enjoyed the early and vocal support of the president during the state ’ s Republican primary in his bid to follow Alexander in a state that handily supported Trump in 2016 .
Alexander , who announced he would not seek reelection at the end of @ @ @ @ @ @ @ almost 18 years .
Taking the stage with his wife , two children and mother , Sethi told supporters his campaign that came up short despite going round after round with his opponent showed the “ incredible power of the American story.
” With the results partially in , Hagerty leads with 301,311 votes to Sethi ’ s 239,973 .
He had approximately 50 % of the vote to Sethi ’ s approximately 40 % .
The Associated Press called the race a few minutes past 9 p.m. Before Thursday , 487,842 Tennesseans @ @ @ @ @ @ @ state ’ s early voting period while 95,923 voters cast ballots by mail , according to the Tennessee Secretary of State ’ s Office .
Hagerty will face Marquita Bradshaw , a Memphis resident concerned with environmental policy , who earned about 33 % percent of the vote in Thursday ’ s Democratic primary .
Bradshaw upset attorney James Mackler , who had raised $ 2.1 million dollars in his quest to run for Senate , according to filings with the Federal Election Commission .
In a statement , Hagerty noted he was @ @ @ @ @ @ @ Tennessee Senator Marsha Blackburn and others who want to increase the number of “ Trump conservatives in the United States Senate.
” “ Now more than ever , we need strong conservative Senators who will not kowtow to the angry liberal mob that is tearing apart the fabric of the America we love , ” Hagerty said .
While Alexander ’ s political career included working as a Secretary of Education , a stint in Tennessee ’ s Governor ’ s Mansion and a presidential run in the 90s , Hagerty and Sethi @ @ @ @ @ @ @ is the first either of them ran for office and both claimed outsider status .
At campaign stops , Hagerty , 60 , leaned into Trump ’ s endorsement of him and his yard signs tout the endorsement and calling Trump the outsider candidate — even after he spent almost four years in the White House .
Meanwhile , Sethi , who testified on Capitol Hill in opposition to the Affordable Care Act , described Republicans ’ failure to repeal the act one of the greatest broken political promises .
The similarities had @ @ @ @ @ @ @ match , with both candidates attempting to show how the other is a faux conservative .
For instance , Sethi has attacked Hagerty ’ s previous ties to Senator Mitt Romney , a Republican who turned into a GOP pariah after voting to impeach Trump and marching with Black Lives Matter protesters .
Sethi called for an investigation into Hagerty ’ s campaign after it allegedly failed to report — and then quietly returned — a donation by Romney .
Meanwhile , the Hagerty campaign has criticized Sethi ’ s lack of support @ @ @ @ @ @ @ accused Sethi of voicing support for Obamacare .
As the pair has crisscrossed a state experiencing rising cases of Covid-19 , they have held events without masks and have shaken the hands of supporters .
On the day before the election , the Hamilton County Health Department said a person attended the Lincoln Day Dinner while in their infectious period , an event both Hagerty and Sethi attended without masks .
Both candidates said they were tested for Covid-19 and tested negative .
At Sethi ’ s watch party , mask use among @ @ @ @ @ @ @ .
Speaking to Sethi ’ s supporters at his watch party before the race was called , former Congressman Zach Wamp , who backed the doctor , called Sethi the kind of candidate that could grow the base of voters supporting the Republican Party and described Sethi ’ s campaign as a David and Goliath struggle .
“ We don ’ t need more rich white men in the United States Senate , ” Wamp told the crowd .

The sharp battle between two political newcomers in Tennessee — one with the endorsement from President Trump and a doctor whose parents were immigrants from India — comes to a close tonight, though the results may be possibly delayed because of an increase in absentee voting.
MANCHESTER, Tenn. (CN) — In the race that will help decide who will fill the seat of outgoing Tennessee Senator Lamar Alexander, Dr. Manny Sethi failed to overcome the weight of President Donald Trump’s endorsement of his opponent, U.S. former ambassador to Japan Bill Hagerty.
Hagerty enjoyed the early and vocal support of the president during the state's Republican primary in his bid to follow Alexander in a state that handily supported Trump in 2016. Alexander, who announced he would not seek reelection at the end of 2018, worked in the Senate for almost 18 years.
Taking the stage with his wife, two children and mother, Sethi, an orthopedic surgeon and a son of immigrants from India, told supporters his campaign that came up short despite going round after round with his opponent showed the “incredible power of the American story.”
With the results partially in, Hagerty leads with 301,311 votes to Sethi’s 239,973. He had approximately 50% of the vote to Sethi's approximately 40%.
The Associated Press called the race a few minutes past 9 p.m.
Before Thursday, 487,842 Tennesseans showed up to cast ballots in the state’s early voting period while 95,923 voters cast ballots by mail, according to the Tennessee Secretary of State’s Office.
Hagerty will face Marquita Bradshaw, a Memphis resident concerned with environmental policy, who earned about 33% percent of the vote in Thursday's Democratic primary. Bradshaw upset attorney James Mackler, who had raised $2.1 million dollars in his quest to run for Senate, according to filings with the Federal Election Commission.
In a statement, Hagerty noted he was supported not only by Trump, but Tennessee Senator Marsha Blackburn and others who want to increase the number of “Trump conservatives in the United States Senate.”
“Now more than ever, we need strong conservative Senators who will not kowtow to the angry liberal mob that is tearing apart the fabric of the America we love,” Hagerty said.
While Alexander’s political career included working as a Secretary of Education, a stint in Tennessee’s Governor’s Mansion and a presidential run in the 90s, Hagerty and Sethi both claim neophyte candidate status. It is the first either of them ran for office and both claimed outsider status.
At campaign stops, Hagerty, 60, leaned into Trump’s endorsement of him and his yard signs tout the endorsement and calling Trump the outsider candidate — even after he spent almost four years in the White House. Meanwhile, Sethi, who testified on Capitol Hill in opposition to the Affordable Care Act, described Republicans’ failure to repeal the act one of the greatest broken political promises.
The similarities had turned the race into a sharp elbowing match, with both candidates attempting to show how the other is a faux conservative.
For instance, Sethi has attacked Hagerty’s previous ties to Senator Mitt Romney, a Republican who turned into a GOP pariah after voting to impeach Trump and marching with Black Lives Matter protesters. Sethi called for an investigation into Hagerty’s campaign after it allegedly failed to report — and then quietly returned — a donation by Romney.
Meanwhile, the Hagerty campaign has criticized Sethi’s lack of support for Trump during the 2016 election and accused Sethi of voicing support for Obamacare.
As the pair has crisscrossed a state experiencing rising cases of Covid-19, they have held events without masks and have shaken the hands of supporters. On the day before the election, the Hamilton County Health Department said a person attended the Lincoln Day Dinner while in their infectious period, an event both Hagerty and Sethi attended without masks. Both candidates said they were tested for Covid-19 and tested negative.
At Sethi’s watch party, mask use among the candidate’s supporters were mixed.
Speaking to Sethi’s supporters at his watch party before the race was called, former Congressman Zach Wamp, who backed the doctor, called Sethi the kind of candidate that could grow the base of voters supporting the Republican Party and described Sethi’s campaign as a David and Goliath struggle.
“We don’t need more rich white men in the United States Senate,” Wamp told the crowd.


courthousenews--2020-08-07--LA County Milestone: 200,000 Coronavirus Cases

LOS ANGELES ( CN ) — Los Angeles County may have passed the 200,000 mark for confirmed cases of Covid-19 among its 10 million residents this week , but due to a backlog with a state reporting system it was only confirmed Thursday .
LA County Public Health officials announced 3,290 new confirmed cases of the virus and 48 new deaths .
In total , 201,106 people have been infected with the novel coronavirus that causes the deadly Covid-19 disease .
Of those , 4,869 people are dead .
The grim milestone in LA County comes as neighboring Orange County @ @ @ @ @ @ @ and 580 new confirmed cases .
That county ’ s positive case data is also marred by delays with the CalREDIE Electronic Laboratory Reporting system .
LA County reported 1.8 million tests have been administered with a 10 % positivity rate .
The severity of the backlog is unclear , said LA County Health Officer Muntu Davis on Thursday .
Health orders prohibit large gatherings , but that has not sunk in with everyone as several parties have cast a spotlight on LA County , including a large gathering in a Mulholland Drive @ @ @ @ @ @ @ first responders at a Hollywood bar .
“ This should not be considered that this is going to be a permanent event , that we won ’ t ever be able to get back to gathering at some point , ” said Davis .
“ But right now , we really have to keep to the recommendations in order to ensure that the cases continue to drop and the community transmission is at a much , much lower rate.
” Health officials say they ’ re responding to over 20,000 complaints of restaurants @ @ @ @ @ @ @ are not complying with the health officer ’ s order .
According to LA County Public Health Department , 27 restaurants and 76 other businesses — including seven gyms — have been closed for not complying with the health order .
Hospitalizations are down from an average of 2,200 patients in mid-July to 1,741 on Thursday according to health officials .
Of those hospitalized , 29 % are in the ICU .
Low-income residents and Latino and Black populations are seeing higher rates of infections and deaths .
People who live in high-poverty @ @ @ @ @ @ @ of those living in neighborhoods with the highest income levels .
LA County continues to lead in confirmed infections throughout the United States , according to the Johns Hopkins University data tracker .
Thursday ’ s update pushes that lead even further .

Los Angeles County may have passed the 200,000 mark for confirmed cases of Covid-19 among its 10 million residents this week, but due to a backlog with a state reporting system it was only confirmed Thursday.
LOS ANGELES (CN) — Los Angeles County may have passed the 200,000 mark for confirmed cases of Covid-19 among its 10 million residents this week, but due to a backlog with a state reporting system it was only confirmed Thursday.
LA County Public Health officials announced 3,290 new confirmed cases of the virus and 48 new deaths. In total, 201,106 people have been infected with the novel coronavirus that causes the deadly Covid-19 disease. Of those, 4,869 people are dead.
The grim milestone in LA County comes as neighboring Orange County announced a record-breaking day with 32 deaths and 580 new confirmed cases. That county’s positive case data is also marred by delays with the CalREDIE Electronic Laboratory Reporting system.
LA County reported 1.8 million tests have been administered with a 10% positivity rate. The severity of the backlog is unclear, said LA County Health Officer Muntu Davis on Thursday.
Health orders prohibit large gatherings, but that has not sunk in with everyone as several parties have cast a spotlight on LA County, including a large gathering in a Mulholland Drive mansion and a supposed private party for first responders at a Hollywood bar.
“This should not be considered that this is going to be a permanent event, that we won’t ever be able to get back to gathering at some point,” said Davis. “But right now, we really have to keep to the recommendations in order to ensure that the cases continue to drop and the community transmission is at a much, much lower rate.”
Health officials say they’re responding to over 20,000 complaints of restaurants, grocery stores and other businesses that are not complying with the health officer’s order. According to LA County Public Health Department, 27 restaurants and 76 other businesses — including seven gyms — have been closed for not complying with the health order.
Hospitalizations are down from an average of 2,200 patients in mid-July to 1,741 on Thursday according to health officials. Of those hospitalized, 29% are in the ICU.
Low-income residents and Latino and Black populations are seeing higher rates of infections and deaths. People who live in high-poverty neighborhoods die at four times the rate of those living in neighborhoods with the highest income levels.
LA County continues to lead in confirmed infections throughout the United States, according to the Johns Hopkins University data tracker.
Thursday’s update pushes that lead even further.


courthousenews--2020-08-08--Bay Area Sheriff’s Captain Indicted in Concealed Gun Permit Bribery Scandal

( CN ) — A grand jury has indicted a Santa Clara County sheriff ’ s captain and three others for an alleged bribery scheme in which concealed firearm permits were traded for large donations to the sheriff ’ s reelection campaign .
Sheriff ’ s Department Captain James Jensen , gun parts manufacturer Michael Nichols and attorneys Christopher Schumb and Harpaul Nahal allegedly conspired with a middle manager and CEO of AS Solution Inc. — an international security company — to offer a $ 90,000 bribe in exchange for coveted concealed gun permits for the company ’ s executive @ @ @ @ @ @ @ Attorney Jeff Rosen announced the charges during a press conference in San Jose Friday .
“ [ Concealed firearm ] licenses should not be given in exchange for campaign donations , ” Rosen said .
“ They should not be for sale.
” Rosen said the investigation started shortly after Santa Clara County Sheriff Laurie Smith won reelection in a hotly contested race in November 2018 .
The probe was sparked by a local publication ’ s inquiry about executive security licensing and an extremely large campaign donation reported in public filings .
@ @ @ @ @ @ @ exchange the $ 90,000 campaign donation for 10 to 12 concealed firearm permits .
Martin Nielsen , an AS Solution manager , allegedly donated the first installment as a $ 45,000 personal check to the Santa Clara County Public Safety Alliance ( SCPSA ) , an independent expenditure committee supporting Sheriff Smith .
The $ 45,000 dwarfed all other campaign contributions and represented more than half of all funds raised by the committee .
Nielsen allegedly handed the check to the SCPSA ’ s assistant treasurer Schumb .
The DA ’ s office @ @ @ @ @ @ @ was forestalled by its investigation .
Rosen described a corrupt system in which concealed firearm permits submitted by regular members of the public were “ tossed in a filing cabinet and forgotten , ” but campaign contributors were given “ VIP ” status .
“ If you are in the words of Sheriff ’ s Captain James Jensen , ‘ a VIP , ’ they ’ ll meet you at Starbucks , personally review your application and help you fill it out , ” Rosen said .
“ You don ’ t even @ @ @ @ @ @ @ which is required by law.
” According to a 16-page indictment , gun parts maker Nichols told attorney Nahal in an April 30 , 2018 , text message , “ I need you to meet my buddy that runs the Facebook Executive protection team ” followed by , “ it ’ s a potential $ 50K.
” Nielsen and AS Solutions CEO Christian West later met with Nichols , Nahal and Shumb at the Sainte Claire Club in San Jose on May 3 , 2018 , where they discussed fundraising for the sheriff @ @ @ @ @ @ @ the indictment .
Prosecutors say Nichols then introduced Nielsen to Sheriff ’ s Captain Jensen at a campaign fundraising event on May 10 where they “ agreed in principle ” that AS Solutions would make a campaign contribution in exchange for concealed weapon permits .
Later that month , Nielsen and West met Jensen , Nahal and Nichols at a Jamba Juice in San Jose where they settled on a $ 90,000 donation in exchange for 10 to 12 concealed firearm permits , according to the indictment .
Prosecutors say Nielsen gave Schumb @ @ @ @ @ @ @ check on Oct. 3 , 2018 , after he wired $ 70,000 from his AS Solutions business account .
The indictment charges Jensen with conspiracy to commit bribery , bribery , conspiracy to submit a falsified concealed firearm permit application and seven counts of falsifying public records .
He faces a maximum 11 years and eight months in state prison .
Nahal , Nichols and Schumb face charges of bribery and conspiracy to commit bribery .
Both charges carry a maximum four years in state prison .
Rosen would not say if Sheriff @ @ @ @ @ @ @ investigation , but he emphasized that the investigation is ongoing .
“ I expect more charges will be filed against more individuals in the coming weeks and months , ” Rosen said .
A report by NBC Bay Area in June found people who donated to Sheriff Smith ’ s campaign were 14 times more likely to be granted a concealed weapon permit .

A grand jury has indicted a Santa Clara County sheriff’s captain and three others for an alleged bribery scheme in which concealed firearm permits were traded for large donations to the sheriff’s reelection campaign.
(CN) — A grand jury has indicted a Santa Clara County sheriff’s captain and three others for an alleged bribery scheme in which concealed firearm permits were traded for large donations to the sheriff’s reeelection campaign.
Sheriff’s Department Captain James Jensen, gun parts manufacturer Michael Nichols, and attorneys Christopher Schumb and Harpaul Nahal allegedly conspired with a middle manager and CEO of AS Solution Inc., an international security company, to offer a $90,000 bribe in exchange for coveted concealed gun permits for the company’s executive protection agents.
Santa Clara County District Attorney Jeff Rosen announced the charges during a press conference in San Jose Friday.
“[Concealed firearm] licenses should not be given in exchange for campaign donations,” Rosen said. “They should not be for sale.”
Rosen said the investigation started shortly after Santa Clara County Sheriff Laurie Smith won reelection in a hotly contested race in November 2018. The probe was sparked by a local publication’s inquiry about executive security licensing and an extremely large campaign donation reported in public filings.
The DA claims the conspirators agreed to exchange the $90,000 campaign donation for 10 to 12 concealed firearm permits. Martin Nielsen, an AS Solution manager, allegedly donated the first installment as a $45,000 personal check to the Santa Clara County Public Safety Alliance (SCPSA), an independent expenditure committee supporting Sheriff Smith.
The $45,000 dwarfed all other campaign contributions and represented more than half of all funds raised by the committee. Nielsen allegedly handed the check to the SCPSA’s assistant treasurer Schumb. The DA’s office says the second installment of $45,000 was forestalled by its investigation.
Rosen described a corrupt system in which concealed firearm permits submitted by regular members of the public were “tossed in a filing cabinet and forgotten,” but campaign contributors were given “VIP” status.
“If you are in the words of Sheriff’s Captain James Jensen, ‘a VIP,’ they’ll meet you at Starbucks, personally review your application and help you fill it out,” Rosen said. “You don’t even need to live in the county, which is required by law.”
According to a 16-page indictment, gun parts maker Nichols told attorney Nahal in an April 30, 2018, text message, “I need you to meet my buddy that runs the Facebook Executive protection team” followed by, “it’s a potential $50K.”
Nielsen and AS Solutions CEO Christian West later met with Nichols, Nahal and Shumb at the Sainte Claire Club in San Jose on May 3, 2018, where they discussed fundraising for the sheriff’s reelection campaign, according to the indictment.
Prosecutors say Nichols then introduced Nielsen to Sheriff’s Captain Jensen at a campaign fundraising event on May 10 where they “agreed in principle” that AS Solutions would make a campaign contribution in exchange for concealed weapon permits.
Later that month, Nielsen and West met Jensen, Nahal and Nichols at a Jamba Juice in San Jose where they settled on a $90,000 donation in exchange for 10 to 12 concealed firearm permits, according to the indictment.
Prosecutors say Nielsen gave Schumb the first installment in a $45,000 check on Oct. 3, 2018, after he wired $70,000 from his AS Solutions business account.
The indictment charges Jensen with conspiracy to commit bribery, bribery, conspiracy to submit a falsified concealed firearm permit application and seven counts of falsifying public records. He faces a maximum 11 years and eight months in state prison.
Nahal, Nichols and Schumb face charges of bribery and conspiracy to commit bribery. Both charges carry a maximum four years in state prison.
Rosen would not say if Sheriff Laurie Smith is a target of the investigation, but he emphasized that the investigation is ongoing.
“I expect more charges will be filed against more individuals in the coming weeks and months,” Rosen said.
A report by NBC Bay Area in June found people who donated to Sheriff Smith’s campaign were 14 times more likely to be granted a concealed weapon permit.


courthousenews--2020-08-07--Southern California Fire Grows to Nearly 30,000 Acres

PIONEERTOWN , Calif. ( CN ) — More than 29,000 acres have burned in Southern California ’ s Riverside and San Bernardino counties in the week since a diesel truck exhaust pipe sparked a wildfire , spurred by triple-digit temperatures .
The Morongo Valley , on the edge of the Mojave Desert , is choked with smoke from the Apple Fire and large swaths of the area face evacuation warnings along with the desert communities of Forest Falls , Rimrock and Pioneertown .
On Friday , firefighters working the east side of the blaze in San Bernardino County burned vegetation @ @ @ @ @ @ @ of fuel .
The fire originated in the Cherry Valley community in Riverside County seven days ago , when witnesses said they saw a “ diesel operated vehicle ” kick up hot exhaust into dry brush , according to Cal Fire .
A week later , a thick miasma blankets the area , creating poor air quality conditions .
One firefighter was reported injured Thursday and over 2,600 personnel battle the blaze that continues to move east , away from the communities of Banning and Beaumont .
The western-themed community of Pioneertown , @ @ @ @ @ @ @ saddle shops built for Hollywood film productions in the 1940s , could be evacuated if the fire crosses over the Whitewater drainage , according to Cal Fire .
A large Cal Fire map hangs outside the Pioneertown post office .
Mike Kennedy of Joshua Tree pulled up in his car on the sandy road and said , “ I just came to see the map.
” Kennedy acknowledged getting some information about the evacuation warning online , but he struck up a conversation with Ronnie Norton of Yucca Valley .
Norton points to @ @ @ @ @ @ @ is right near the evacuation order zone .
“ I don ’ t like that .
Well , I don ’ t like that so much is burning , ” said Norton .
Kennedy said ash came down hard the last few days .
Wearing cloth face coverings , he and Norton reminisced about the last big fire that swept through the area .
For many residents , memories of the 2006 Sawtooth Complex Fire sting fresh .
That blaze was sparked by lightning in dry brush and practically put out when strong @ @ @ @ @ @ @ the area .
Much of the area ’ s iconic vegetation , including juniper and Joshua trees , burned .
Thomas Alband , who runs the local pottery shop and has lived in the area for 20 years , recalled how the fire practically snuck up on him in 2006 as he watered down his home and his neighbor ’ s trees .
“ I look down the street and there ’ s this wall of fire coming my way , as tall as the telephone poles , ” Alband said .
“ @ @ @ @ @ @ @ have ever seen .
I was just stunned , and it took a burning sage bush to singe me back to my senses.
” The fire spared the homes of Alband and his neighbor .
Cody Kennedy , who runs the General Mercantile Store , said the skies over Pioneertown have cleared up in the last few days .
“ Earlier in the week there were charred leaves falling down on the street , ” said Kennedy .
“ We ’ re on evacuation warning , so we ’ re just waiting for @ @ @ @ @ @ @ Herrera with Cal Fire said efforts are being made to contain the fire at lower elevations and to keep the flames from being picked up by the wind .
The fire continues to make its way northeast into the undeveloped wilderness and Herrera said if it continues north it could threaten the Morongo Basin .
In total , 18 helicopters , 284 fire engines , 24 bulldozers and 38 water trucks are assigned to the Apple Fire , which is 30 % contained .
In Los Angeles County , the Saugus Fire has @ @ @ @ @ @ @ is 50 % contained , according to the LA County Fire Department .

More than 29,000 acres have burned in Southern California’s Riverside and San Bernardino counties in the week since a diesel truck exhaust pipe sparked a wildfire, spurred by triple-digit temperatures.
PIONEERTOWN, Calif. (CN) — More than 29,000 acres have burned in Southern California’s Riverside and San Bernardino counties in the week since a diesel truck exhaust pipe sparked a wildfire, spurred by triple-digit temperatures.
The Morongo Valley, on the edge of the Mojave Desert, is choked with smoke from the Apple Fire and large swaths of the area face evacuation warnings along with the desert communities of Forest Falls, Rimrock and Pioneertown.
On Friday, firefighters working the east side of the blaze in San Bernardino County burned vegetation ahead of the fire to starve it of fuel. The fire originated in the Cherry Valley community in Riverside County seven days ago, when witnesses said they saw a “diesel operated vehicle” kick up hot exhaust into dry brush, according to Cal Fire.
A week later, a thick miasma blankets the area, creating poor air quality conditions. One firefighter was reported injured Thursday and over 2,600 personnel battle the blaze that continues to move east, away from the communities of Banning and Beaumont.
The western-themed community of Pioneertown, with its wooden walkways, saloons and saddle shops built for Hollywood film productions in the 1940s, could be evacuated if the fire crosses over the Whitewater drainage, according to Cal Fire.
A large Cal Fire map hangs outside the Pioneertown post office. Mike Kennedy of Joshua Tree pulled up in his car on the sandy road and said, “I just came to see the map.”
Kennedy acknowledged getting some information about the evacuation warning online, but he struck up a conversation with Ronnie Norton of Yucca Valley. Norton points to her street on the map, which is right near the evacuation order zone.
Residents meet at the Pioneertown Post Office to read updates on the Apple Fire evacuation zones on Friday, Aug. 7, 2020. (Courthouse News photo / Nathan Solis)
“I don’t like that. Well, I don’t like that so much is burning,” said Norton.
Kennedy said ash came down hard the last few days. Wearing cloth face coverings, he and Norton reminisced about the last big fire that swept through the area.
For many residents, memories of the 2006 Sawtooth Complex Fire sting fresh. That blaze was sparked by lightning in dry brush and practically put out when strong winds swept it back up and through the area. Much of the area’s iconic vegetation, including juniper and Joshua trees, burned.
Thomas Alband, who runs the local pottery shop and has lived in the area for 20 years, recalled how the fire practically snuck up on him in 2006 as he watered down his home and his neighbor’s trees.
“I look down the street and there’s this wall of fire coming my way, as tall as the telephone poles,” Alband said. “The most horrifying and beautiful thing I have ever seen. I was just stunned, and it took a burning sage bush to singe me back to my senses.”
The fire spared the homes of Alband and his neighbor.
Cody Kennedy, who runs the General Mercantile Store, said the skies over Pioneertown have cleared up in the last few days.
Smoke from the Apple Fire hangs over Morongo Valley in Southern California. (Courthouse News photo / Nathan Solis)
“Earlier in the week there were charred leaves falling down on the street,” said Kennedy. “We’re on evacuation warning, so we’re just waiting for any more updates.”
Capt. Fernando Herrera with Cal Fire said efforts are being made to contain the fire at lower elevations and to keep the flames from being picked up by the wind. The fire continues to make its way northeast into the undeveloped wilderness and Herrera said if it continues north it could threaten the Morongo Basin.
In total, 18 helicopters, 284 fire engines, 24 bulldozers and 38 water trucks are assigned to the Apple Fire, which is 30% contained.
In Los Angeles County, the Saugus Fire has burned a little over 200 acres and is 50% contained, according to the LA County Fire Department.


courthousenews--2020-08-07--Federal Judge ‘Alarmed’ Immigrant Children Still Detained During Pandemic

LOS ANGELES ( CN ) — A California federal judge said Friday the Trump administration has not sufficiently explained why immigrant youth continue to be held in federal custody weeks after she ordered their release .
U.S. District Judge Dolly Gee presides over the landmark 1997 Flores settlement agreement that sets national standards on the treatment , detention and release of immigrant children in federal custody .
As cases of the novel coronavirus surged in jurisdictions where immigrant youth detention facilities are located , attorneys for class members filed motions to enforce the settlement .
They cited reports of unsafe @ @ @ @ @ @ @ in granting children release to their parents , a suitable guardian or a court approved sponsor .
Gee , a Barack Obama appointee , ordered U.S. Immigration and Customs Enforcement to release detained immigrant youth who ’ ve been held for more than 20 days at the agency ’ s Family Residential Centers .
The order , which set a July 17 deadline , also requested the agency exercise its discretion by also releasing class members ’ parents , a procedure Gee has no jurisdiction over .
After parties to the settlement requested @ @ @ @ @ @ @ to July 27 , adding that while her release mandate was likely “ unenforceable by its own terms ” the federal government should continue to release class members where conditions are unsafe due to Covid-19 .
In a telephonic hearing Friday , Gee said she was “ displeased and alarmed ” that class members continue to be held in ICE facilities where active Covid-19 outbreaks are occurring .
“ Defendants have done nothing to release minors by July 27 , ” Gee said .
“ It seems like a month has been squandered @ @ @ @ @ @ @ anything.
” A reason for the delays is the difficult choice parents face in deciding to approve their children ’ s release during a deadly pandemic , a situation made more difficult by the federal government ’ s decision not to release families together .
Gee blasted Justice Department attorney Sarah Fabian for failing to meet and confer with Flores counsel on release protocols , saying her action “ betrayed a lack of understanding ” of the court ’ s procedures .
“ Let ’ s get on the same page .
I @ @ @ @ @ @ @ find a breach , ” Gee said .
“ A mutually agreed upon remedy is usually stronger and better thought out .
I didn ’ t think it would be misconstrued as some permission for defendants to not comply with prior orders .
My remedy may be unilateral , or one that neither side likes or one that only one side will like.
” Fabian said the federal government ’ s position is that it has exhausted its practice of meeting with Flores counsel to shape a policy governing the release of class @ @ @ @ @ @ @ because the federal government has chosen to implement the policy that has given rise for parents to be in that position , ” Gee said .
Peter Schey , an attorney for class members , told Gee he believes she has authority to impose a release procedure that allows counsel to inform detained immigrant children about their rights , as long as it ’ s a “ reasonable interpretation ” of the settlement .
“ I understand the need to interpret the language of a contract , ” Gee said , noting her @ @ @ @ @ @ @ healthier sanitation practices .
“ But new procedures seem to be a different animal.
” The Trump administration has also failed to provide the court a reason why detained class members continue to be held if they ’ re not categorized as flight risks or dangerous to others , Gee said .
“ When I said my July 27 order was ‘ unenforceable ’ I knew defendants were not going to meet that deadline as I had wanted , but that doesn ’ t mean defendants don ’ t have a duty to @ @ @ @ @ @ @ Gee said .
Flores counsel has requested data on how many class members have been impacted by the coronavirus pandemic .
In a related matter , Gee ordered Fabian to report to the court whether any class members are impacted by a recent ICE practice of detaining immigrant youth in Texas hotels during removal proceedings or while in transit to other facilities .
“ I found the information I received about this to be very disturbing , ” Gee said .
Fabian said she will comply and added that the practice is likely @ @ @ @ @ @ @ ’ s a separate process under a separate authority , ” Fabian said , adding that the regulation governing the practice – called Title 42 – has been “ reissued and is still underway.
” Carlos Holguin , a Flores counsel member , asked Gee to ensure that independent court monitors can access detention facilities for inspections and receive relevant data for their reports to the court .
Gee said she need not reiterate the Trump administration ’ s requirement to comply with her standing order governing monitors ’ access privileges .
“ @ @ @ @ @ @ @ ” Gee said .
A status conference is set for Sep. 4 in the Central District of California .

A California federal judge said Friday the Trump administration has not sufficiently explained why immigrant youth continue to be held in federal custody weeks after she ordered their release.
LOS ANGELES (CN) — A California federal judge said Friday the Trump administration has not sufficiently explained why immigrant youth continue to be held in federal custody weeks after she ordered their release.
U.S. District Judge Dolly Gee presides over the landmark 1997 Flores settlement agreement that sets national standards on the treatment, detention and release of immigrant children in federal custody.
As cases of the novel coronavirus surged in jurisdictions where immigrant youth detention facilities are located, attorneys for class members filed motions to enforce the settlement.
They cited reports of unsafe health conditions inside facilities and unnecessary delays in granting children release to their parents, a suitable guardian or a court approved sponsor.
Gee, a Barack Obama appointee, ordered U.S. Immigration and Customs Enforcement to release detained immigrant youth who’ve been held for more than 20 days at the agency’s Family Residential Centers.
The order, which set a July 17 deadline, also requested the agency exercise its discretion by also releasing class members’ parents, a procedure Gee has no jurisdiction over.
After parties to the settlement requested a deadline extension, Gee extended it to July 27, adding that while her release mandate was likely “unenforceable by its own terms” the federal government should continue to release class members where conditions are unsafe due to Covid-19.
In a telephonic hearing Friday, Gee said she was “displeased and alarmed” that class members continue to be held in ICE facilities where active Covid-19 outbreaks are occurring.
“Defendants have done nothing to release minors by July 27,” Gee said. “It seems like a month has been squandered and defendants are not doing much of anything.”
A reason for the delays is the difficult choice parents face in deciding to approve their children’s release during a deadly pandemic, a situation made more difficult by the federal government’s decision not to release families together.
Gee blasted Justice Department attorney Sarah Fabian for failing to meet and confer with Flores counsel on release protocols, saying her action “betrayed a lack of understanding” of the court’s procedures.
“Let’s get on the same page. I have to impose a remedy whenever I find a breach,” Gee said. “A mutually agreed upon remedy is usually stronger and better thought out. I didn’t think it would be misconstrued as some permission for defendants to not comply with prior orders. My remedy may be unilateral, or one that neither side likes or one that only one side will like.”
Fabian said the federal government’s position is that it has exhausted its practice of meeting with Flores counsel to shape a policy governing the release of class members.
“That’s disingenuous because the federal government has chosen to implement the policy that has given rise for parents to be in that position,” Gee said.
Peter Schey, an attorney for class members, told Gee he believes she has authority to impose a release procedure that allows counsel to inform detained immigrant children about their rights, as long as it’s a “reasonable interpretation” of the settlement.
“I understand the need to interpret the language of a contract,” Gee said, noting her past rulings ordering the government to adopt healthier sanitation practices. “But new procedures seem to be a different animal.”
The Trump administration has also failed to provide the court a reason why detained class members continue to be held if they’re not categorized as flight risks or dangerous to others, Gee said.
“When I said my July 27 order was ‘unenforceable’ I knew defendants were not going to meet that deadline as I had wanted, but that doesn’t mean defendants don’t have a duty to comply with the settlement agreement,” Gee said.
Flores counsel has requested data on how many class members have been impacted by the coronavirus pandemic.
In a related matter, Gee ordered Fabian to report to the court whether any class members are impacted by a recent ICE practice of detaining immigrant youth in Texas hotels during removal proceedings or while in transit to other facilities.
“I found the information I received about this to be very disturbing,” Gee said.
Fabian said she will comply and added that the practice is likely covered in separate litigation.
“It’s a separate process under a separate authority,” Fabian said, adding that the regulation governing the practice — called Title 42 — has been “reissued and is still underway.”
Carlos Holguin, a Flores counsel member, asked Gee to ensure that independent court monitors can access detention facilities for inspections and receive relevant data for their reports to the court.
Gee said she need not reiterate the Trump administration’s requirement to comply with her standing order governing monitors’ access privileges.
“I want to see that data,” Gee said.
A status conference is set for Sep. 4 in the Central District of California.


courthousenews--2020-08-07--California Courts Covid Update

California Courts Covid Update

Aug. 6 , 2020 : Expansion of remote appearances for Criminal and Family Law cases Aug. 6 , 2020 : @ @ @ @ @ to public , hearings by telephone or video , no jury trials for civil or @ @ @ @ @ and other operations updates Aug. 6 , 2020 : All Central District courthouses closed to @ @ @ @ @ or video , no jury trials for civil or criminal until further notice , and @ @ @ @ @ , 2020 : Notice , closing some courthouses due to budget shortfalls as a result @ @ @ @ @ , 2020 : All Central District courthouses closed to public , hearings by telephone or @ @ @ @ @ for civil or criminal until further notice , and other operations updates

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Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including the postmaster general announced a reorganization of the service and a freeze on executive hiring ; A pipeline in Europe is nearing completion despite years of protests by environmental activists and local politicians ; Russia wants President Trump to win re-election while China wants him to lose , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
Suffering losses of $ @ @ @ @ @ @ @ to do worse in 2020 , the postmaster general on Friday announced a reorganization of the service and a freeze on executive hiring amid the Covid-19 pandemic and an impending election .
2 . )
Saying the order was issued without giving due process to the company , TikTok on Friday threatened legal action over President Donald Trump ’ s executive action that would ban the platform ’ s parent company from doing business in the United States .
3 . )
A top intelligence official said Friday that Russia is trying to @ @ @ @ @ @ @ chances by undermining his Democratic opponent Joe Biden , while China wants the former vice president to win because it sees Trump as unpredictable .
4 . )
An overwhelming majority of Americans said that houses of worship should not be allowed to ignore rules about social distancing , the Pew Research Center found in a survey released Friday .
5 . )
Environmental groups , Texas regulators , a waste company and others oppose a federal plan to let disposal sites that aren ’ t specifically licensed for radioactive waste request an @ @ @ @ @ @ @ 6 . )
While many parents won ’ t be sending their children off to school this fall , that isn ’ t stopping big-box stores and local boutiques in Texas from preparing for what they hope will be a busy tax-free holiday weekend as bargain shoppers welcome the annual tax moratorium Friday .
7 . )
A pipeline in Europe is nearing completion despite years of protests by environmental activists and local politicians , as well as official investigations into environmental wrongdoing by the pipeline company .
8 . )
Glaciers in @ @ @ @ @ @ @ Zealand , are past a tipping point in terms of ice loss due to climate change .

Top eight CNS stories for today including the postmaster general announced a reorganization of the service and a freeze on executive hiring; A pipeline in Europe is nearing completion despite years of protests by environmental activists and local politicians; Russia wants President Trump to win re-election while China wants him to lose, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the postmaster general announced a reorganization of the service and a freeze on executive hiring; A pipeline in Europe is nearing completion despite years of protests by environmental activists and local politicians; Russia wants President Trump to win re-election while China wants him to lose, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Suffering losses of $9 billion last year and on track to do worse in 2020, the postmaster general on Friday announced a reorganization of the service and a freeze on executive hiring amid the Covid-19 pandemic and an impending election.
Postmaster General Louis DeJoy, left, is escorted to House Speaker Nancy Pelosi’s office on Capitol Hill in Washington, Wednesday, Aug. 5, 2020. Some clarity is beginning to emerge from the bipartisan Washington talks on a huge COVID-19 response bill. An exchange of offers and meeting devoted to the Postal Service on Wednesday indicates the White House is moving slightly in House Speaker Nancy Pelosi’s direction on issues like aid to states and local governments and unemployment insurance benefits. But the negotiations have a long ways to go. (AP Photo/Carolyn Kaster)
2.) Saying the order was issued without giving due process to the company, TikTok on Friday threatened legal action over President Donald Trump’s executive action that would ban the platform’s parent company from doing business in the United States.
A man opens social media app 'Tik Tok' on his cell phone, in Islamabad, Pakistan, Tuesday, July 21, 2020. Pakistan has threatened the China-linked TikTok video service and blocked the Singapore-based Bigo Live streaming platform, citing what the regulating authority called widespread complaints about "immoral, obscene and vulgar" content. (AP Photo/Anjum Naveed)
3.) A top intelligence official said Friday that Russia is trying to boost President Donald Trump’s re-election chances by undermining his Democratic opponent Joe Biden, while China wants the former vice president to win because it sees Trump as unpredictable.
FILE - In this July 16, 2018, file photo Russian President Vladimir Putin, right, and U.S. President Donald Trump give a joint news conference at the Presidential Palace in Helsinki, Finland. For the past three years, the administration has careered between President Donald Trump's attempts to curry favor and friendship with Vladimir Putin and longstanding deep-seated concerns about Putin's intentions. (AP Photo/Pablo Martinez Monsivais, File)
4.) An overwhelming majority of Americans said that houses of worship should not be allowed to ignore rules about social distancing, the Pew Research Center found in a survey released Friday.
Parishioners wear face masks as they attend an in-person Mass at Christ the King Catholic Church in San Antonio in 2020. (Eric Gay/AP)
Regional
5.) Environmental groups, Texas regulators, a waste company and others oppose a federal plan to let disposal sites that aren’t specifically licensed for radioactive waste request an exception to take in the waste.
The Vermont Yankee nuclear power plant in Vernon, Vt., pictured in 2012 before the plant closed and began the decommissioning process. (Photo via Nuclear Regulatory Commission)
6.) While many parents won’t be sending their children off to school this fall, that isn’t stopping big-box stores and local boutiques in Texas from preparing for what they hope will be a busy tax-free holiday weekend as bargain shoppers welcome the annual tax moratorium Friday.
Shoppers walk along Alamo Plaza in downtown San Antonio on Thursday, Aug. 6, 2020, ahead of the tax-free holiday weekend in Texas and nine other states. (Courthouse News photo/Erik De La Garza)
International
7.) A pipeline in Europe is nearing completion despite years of protests by environmental activists and local politicians, as well as official investigations into environmental wrongdoing by the pipeline company.
This photo shows the worksite where the Trans Adriatic Pipeline is being laid through olive orchards near Melendugno, a town in Puglia, a region on the bootheel of the Italian peninsula. The natural gas pipeline is a source of controversy in Italy and Europe because it undermines the European Union's commitments to combat climate change. (Courthouse News photo/Cain Burdeau)
8.) Glaciers in the Southern Hemisphere, located in New Zealand, are past a tipping point in terms of ice loss due to climate change.


courthousenews--2020-08-07--Poll: 35% of Americans Say They Won’t Get Covid Vaccine

( CN ) — Despite positive indications from drug manufacturers and health professionals — including recent congressional testimony by infectious diseases expert Dr. Anthony Fauci — that a Covid-19 vaccine may be available within the next six months , a new poll suggests about a third of Americans say they have no plans to be vaccinated when it ’ s available .
As the world continues to grapple with the deadly coronavirus that has claimed the lives of 700,000 people worldwide — including more than 150,000 deaths in the United States alone — many eyes have been desperately looking to @ @ @ @ @ @ @ , a front that has seen some promising news .
Numerous pharmaceutical companies have thrown their resources into the creation of coronavirus vaccine and the United States recently went so far as to make a vaccine agreement with pharmaceutical heavyweight Pfizer and the German biotechnology company BioNTech .
The federal government will pay the two companies $ 1.95 billion for the first 100 million doses of an FDA-approved vaccine they can produce , with an option to buy another 500 million doses if all goes well .
Despite these cautiously promising signs regarding @ @ @ @ @ @ @ , new polling data reveals a potentially new problem : many Americans don ’ t want one .
According to a Gallup survey of nearly 8,000 adults in the United States , 65 % of Americans say they would be happy to get a Covid-19 vaccine that was FDA approved and completely free , while a notable 35 % say they have no plans to do so .
As has been the case for other elements of the Covid-19 outbreak thus far , party politics play a role in the equation .
According @ @ @ @ @ @ @ of Democrats say they would be willing to take a Covid-19 vaccine today if they could , while less than half ( 47 % ) of Republicans say the same .
Independents seem more willing to be vaccinated , with 59 % of them saying they would get a Covid-19 vaccine .
Besides party politics , similar divides can also be seen for age and race .
While the oldest and youngest Americans are largely on board with getting vaccinated for the novel coronavirus , with 70 % of senior citizens and 76 @ @ @ @ @ @ @ would take a vaccine today if they could , the group between is not as enthusiastic .
The poll shows that 64 % of Americans between the ages 30 and 49 would take a vaccine while just 59 % of Americans aged 50-64 say the same .
The picture is similar when looking at race .
Despite media reports and public health statistics showing racial minorities are disproportionately affected by the coronavirus outbreak in the United States , Friday ’ s poll shows that non-white Americans are nearly 10 % less likely to @ @ @ @ @ @ @ , with 59 % of non-whites being OK with a vaccine and 67 % of white Americans on board .
As the national debate over how and when to get America ’ s children back in schools ramps up , Friday ’ s poll also explored how parents of younger children view the prospect of a Covid-19 vaccine .
While the poll did not explicitly ask if the parents would have their children vaccinated for coronavirus , 59 % of parents said want the vaccine for themselves and 41 % do not — @ @ @ @ @ @ @ willingness to vaccinate their kids when the option becomes available .
Friday ’ s poll results show some pushback against U.S. vaccination efforts moving forward , but it is worth noting that American anxiety over new vaccines is not a new occurrence .
In 1954 , Gallup asked Americans to gauge their feelings on the newly created polio vaccine .
When the pollsters asked if they were willing to take the vaccine specifically to help prevent the spread of polio , 60 % said they would while another third of Americans said they @ @ @ @ @ @ @ to those reported Friday .
The Gallup poll was conducted from July 20 to Aug. 2 and contained a 2 % margin of error .

Despite positive indications from drug manufacturers and health professionals — including recent congressional testimony by infectious diseases expert Dr. Anthony Fauci — that a Covid-19 vaccine may be available within the next six months, a new poll suggests about a third of Americans say they have no plans to be vaccinated when it’s available.
(CN) — Despite positive indications from drug manufacturers and health professionals — including recent congressional testimony by infectious diseases expert Dr. Anthony Fauci — that a Covid-19 vaccine may be available within the next six months, a new poll suggests about a third of Americans say they have no plans to be vaccinated when it’s available.
As the world continues to grapple with the deadly coronavirus that has claimed the lives of 700,000 people worldwide — including more than 150,000 deaths in the United States alone — many eyes have been desperately looking to the progress of a potential Covid-19 vaccine, a front that has seen some promising news.
Numerous pharmaceutical companies have thrown their resources into the creation of coronavirus vaccine and the United States recently went so far as to make a vaccine agreement with pharmaceutical heavyweight Pfizer and the German biotechnology company BioNTech. The federal government will pay the two companies $1.95 billion for the first 100 million doses of an FDA-approved vaccine they can produce, with an option to buy another 500 million doses if all goes well.
Despite these cautiously promising signs regarding the development of an effective Covid-19 vaccine, new polling data reveals a potentially new problem: many Americans don’t want one.
According to a Gallup survey of nearly 8,000 adults in the United States, 65% of Americans say they would be happy to get a Covid-19 vaccine that was FDA approved and completely free, while a notable 35% say they have no plans to do so.
As has been the case for other elements of the Covid-19 outbreak thus far, party politics play a role in the equation. According to the poll, over 80% of Democrats say they would be willing to take a Covid-19 vaccine today if they could, while less than half (47%) of Republicans say the same.
Independents seem more willing to be vaccinated, with 59% of them saying they would get a Covid-19 vaccine.
Besides party politics, similar divides can also be seen for age and race.
While the oldest and youngest Americans are largely on board with getting vaccinated for the novel coronavirus, with 70% of senior citizens and 76% of adults under 30 saying they would take a vaccine today if they could, the group between is not as enthusiastic. The poll shows that 64% of Americans between the ages 30 and 49 would take a vaccine while just 59% of Americans aged 50-64 say the same.
The picture is similar when looking at race. Despite media reports and public health statistics showing racial minorities are disproportionately affected by the coronavirus outbreak in the United States, Friday’s poll shows that non-white Americans are nearly 10% less likely to want a Covid-19 vaccine than white Americans, with 59% of nonwhites being OK with a vaccine and 67% of white Americans on board.
As the national debate over how and when to get America’s children back in schools ramps up, Friday’s poll also explored how parents of younger children view the prospect of a Covid-19 vaccine. While the poll did not explicitly ask if the parents would have their children vaccinated for coronavirus, 59% of parents said want the vaccine for themselves and 41% do not — possibly a key indicator on parents’ willingness to vaccinate their kids when the option becomes available.
Friday’s poll results show some pushback against U.S. vaccination efforts moving forward, but it is worth noting that American anxiety over new vaccines is not a new occurrence.
In 1954, Gallup asked Americans to gauge their feelings on the newly created polio vaccine. When the pollsters asked if they were willing to take the vaccine specifically to help prevent the spread of polio, 60% said they would while another third of Americans said they wouldn’t — numbers remarkably similar to those reported Friday.
The Gallup poll was conducted from July 20 to Aug. 2 and contained a 2% margin of error.