courthousenews--2020-07-16--Two Judges and the Williamsburg Ghost

Two Judges and the Williamsburg Ghost

A Ninth Circuit opinion handed down in January affirmed the First Amendment principle that the right of public access to new court filings attaches as soon as the clerk receives them .
But during the preceding oral argument at the Ninth Circuit ’ s Pasadena courthouse , Judge Mary Murguia asked a natural question : “ Doesn ’ t Ventura County have to docket those physical files first ?
” I remembered the question because earlier this year , on the other side of the country , Judge Henry Coke Morgan Jr. asked in essence the same question .
“ @ @ @ @ @ @ @ , the clerk has got to make some record of the case being filed before they put it in the box , ” said Morgan on the federal bench in Norfolk , Virginia .
“ I mean , somebody could walk off with a newly filed case , and if the clerk hadn ’ t entered it somehow… ” Being in the audience , I could not answer Murguia , but , being in the witness box , I could answer Morgan .
“ Your Honor , there was a , usually like @ @ @ @ @ @ @ there was an intake log with the case numbers , and the intake clerk did put a case number on the case.
” “ So there was some form of processing before it was placed in the box.
” “ Yes , sir .
And the stamping and processing of the check.
” Those procedures are part of intake , the actual filing of a legal document , not the later work of putting that filing into the court ’ s docket .
Rulings in both cases — one against a clerk in @ @ @ @ @ @ @ in Virginia – affirmed a First Amendment right of access at the point of the clerk ’ s receipt .
But both cases also involved courts based on paper , a medium that is fast disappearing in the rearview mirror of history .
So the same question will be asked by a judge in the future about a digital court : ‘ Doesn ’ t the court need to docket those electronic files first ?
’ The answer is more simple in the digital era .
A new document sent electronically from a @ @ @ @ @ @ @ its receipt .
It is automatically given a number , either a case number or a transaction number , and housed on a server controlled by the court .
Nobody can “ walk off with it.
” In that digital world , the arguments against press access get tougher .
Because the e-filed document itself is secure and accounted for .
That answers the doubt expressed by both judges .
At that point , the matter of access-on-receipt is no longer a practical one .
It is now purely a matter of First @ @ @ @ @ @ @ access at the point of receipt .
The answer from restrictionist clerks will , based on experience , not rely on facts , because the facts are inconvenient .
The answer will instead rely on an analogy that I call “ The Ghost of Williamsburg.
” At a conference on public access organized by the Conference of State Court Administrators that took place in Williamsburg from 2013 to 2016 , the overriding theme was that public access to public records in electronic form should be restricted .
In the course of panel discussions @ @ @ @ @ @ @ notion of press access on receipt .
It went like this : ‘ You reporters want to go up to people waiting in line and ask them what they are about to file.
’ In the years since the conference , that old ghost of an analogy keeps popping up .
I believe it hangs around because it has a purpose .
It allows restrictionists to suggest that the press is asking for something new and crazy , ‘ While they ’ re in line !
’ ‘ Ridiculous !
’ But the @ @ @ @ @ @ @ filing was at the clerk ’ s counter in the paper world , and the press saw the new cases after they crossed over the counter .
It is the same in the electronic world .
The point of filing is the clerk ’ s virtual counter where the documents are received and automatically given a number .
The press corps wants to see the new cases after they have crossed that virtual counter , not , as the old ghost says , before .
It is worth noticing that the old ghost @ @ @ @ @ @ @ courts , and has never been seen in a federal courthouse .
When it is does show up , the Ghost of Williamsburg almost never comes alone .
He is accompanied by a kind of illusion that involves redefining the word “ filing ” to mean the point at which the document is placed into the docket .
It goes like this : ‘ The document is not really filed until it is put in the case management system by the clerk and then it is backdated to the time it was received.
@ @ @ @ @ @ @ by clerks in this context .
But the illusion bumps up against the reality that court rules throughout America , state and federal courts , without exception , say an electronic document is filed when it is tendered or received .
Not at the later point when it is placed in the docket .
So at some time in the future , a judge , faced with a First Amendment action over access to electronic filings , will surely ask the question : “ Doesn ’ t the court need to docket those @ @ @ @ @ @ @ answer will be : “ No .
It does not.
” More stories and columns on the Virginia trial : First Amendment Bright Line in the Digital Age * National Press Corps Enter First Amendment Fray to See Court Filings on Same Day * U.S. Judge Slaps Virginia Clerks With $ 2 Million Fee Award in First Amendment Case * E-Filing and the First Amendment * Matter of Choice * The Dicta : Guesswork About Press Access * Presumption and Fact : The Ask for Access * ‘ CNS ’ s View ’ @ @ @ @ @ @ @ E-Inbox * Access Law in the Electronic Age * Bread and News * Flip Side of Court Tech * First Amendment Right to See Court Documents on Day of Filing * Tradition of Same-Day Access * The News Cycle

At oral arguments two years ago in a First Amendment case, a Ninth Circuit judge asked a question. At trial in January, on the other side of the country, a federal judge considering the same First Amendment issue asked an almost identical question.
A Ninth Circuit opinion handed down in January affirmed the First Amendment principle that the right of public access to new court filings attaches as soon as the clerk receives them.
But during the preceding oral argument at the Ninth Circuit’s Pasadena courthouse, Judge Mary Murguia asked a natural question: “Doesn’t Ventura County have to docket those physical files first?”
I remembered the question because earlier this year, on the other side of the country, Judge Henry Coke Morgan Jr. asked in essence the same question.
“Well, the thing of it is, the clerk has got to make some record of the case being filed before they put it in the box,” said Morgan on the federal bench in Norfolk, Virginia. “I mean, somebody could walk off with a newly filed case, and if the clerk hadn’t entered it somehow...”
Being in the audience, I could not answer Murguia, but, being in the witness box, I could answer Morgan. “Your Honor, there was a, usually like in federal court in Los Angeles, there was an intake log with the case numbers, and the intake clerk did put a case number on the case.”
“So there was some form of processing before it was placed in the box.”
“Yes, sir. And the stamping and processing of the check.”
Read the Schaefer trial transcript: Volume 1 Volume 2 Volume 3 Volume 4
Read the Schaefer trial transcript: Volume 1 Volume 2 Volume 3 Volume 4
Those procedures are part of intake, the actual filing of a legal document, not the later work of putting that filing into the court’s docket. Rulings in both cases — one against a clerk in California, the other against two clerks in Virginia – affirmed a First Amendment right of access at the point of the clerk’s receipt. But both cases also involved courts based on paper, a medium that is fast disappearing in the rearview mirror of history.
So the same question will be asked by a judge in the future about a digital court: ‘Doesn’t the court need to docket those electronic files first?’
The answer is more simple in the digital era.
A new document sent electronically from a lawyer to the clerk is filed on its receipt. It is automatically given a number, either a case number or a transaction number, and housed on a server controlled by the court.
Nobody can “walk off with it.”
In that digital world, the arguments against press access get tougher. Because the e-filed document itself is secure and accounted for. That answers the doubt expressed by both judges.
At that point, the matter of access-on-receipt is no longer a practical one. It is now purely a matter of First Amendment interpretation.
Should the press have access at the point of receipt.
The answer from restrictionist clerks will, based on experience, not rely on facts, because the facts are inconvenient. The answer will instead rely on an analogy that I call “The Ghost of Williamsburg.”
At a conference on public access organized by the Conference of State Court Administrators that took place in Williamsburg from 2013 to 2016, the overriding theme was that public access to public records in electronic form should be restricted.
In the course of panel discussions, an analogy emerged to combat the notion of press access on receipt. It went like this: ‘You reporters want to go up to people waiting in line and ask them what they are about to file.’
In the years since the conference, that old ghost of an analogy keeps popping up. I believe it hangs around because it has a purpose. It allows restrictionists to suggest that the press is asking for something new and crazy, ‘While they’re in line!’ ‘Ridiculous!’
But the analogy is false.
The point of filing was at the clerk’s counter in the paper world, and the press saw the new cases after they crossed over the counter. It is the same in the electronic world.
The point of filing is the clerk’s virtual counter where the documents are received and automatically given a number. The press corps wants to see the new cases after they have crossed that virtual counter, not, as the old ghost says, before.
As I have observed, it lurks only in the halls of state courts and has never been seen in a federal courthouse.
When it does show up, the Ghost of Williamsburg almost never comes alone. It is accompanied by a kind of illusion that involves redefining the word “filing” to mean the point at which the document is placed into the docket.
It goes like this: ‘The document is not really filed until it is put in the case management system by the clerk and then it is backdated to the time it was received.’ The word backdated is used brazenly by clerks in this context.
But the illusion bumps up against the reality that court rules throughout America, state and federal courts, without exception, say an electronic document is filed when it is tendered or received. Not at the later point when it is placed in the docket.
So at some time in the future, a judge, faced with a First Amendment action over access to electronic filings, will surely ask the question: “Doesn’t the court need to docket those electronic files first?”
And the answer will be: “No. It does not.”
More stories and columns on the Virginia trial:
First Amendment Bright Line in the Digital Age * National Press Corps Enter First Amendment Fray to See Court Filings on Same Day * U.S. Judge Slaps Virginia Clerks With $2 Million Fee Award in First Amendment Case * E-Filing and the First Amendment * Matter of Choice * The Dicta: Guesswork About Press Access * Presumption and Fact: The Ask for Access * ‘CNS’s View’ Accurately Told * Access Solution: The E-Inbox * Access Law in the Electronic Age * Bread and News * Flip Side of Court Tech * First Amendment Right to See Court Documents on Day of Filing * Tradition of Same-Day Access * The News Cycle
More stories and columns on the Virginia trial:
First Amendment Bright Line in the Digital Age * National Press Corps Enter First Amendment Fray to See Court Filings on Same Day * U.S. Judge Slaps Virginia Clerks With $2 Million Fee Award in First Amendment Case * E-Filing and the First Amendment * Matter of Choice * The Dicta: Guesswork About Press Access * Presumption and Fact: The Ask for Access * ‘CNS’s View’ Accurately Told * Access Solution: The E-Inbox * Access Law in the Electronic Age * Bread and News * Flip Side of Court Tech * First Amendment Right to See Court Documents on Day of Filing * Tradition of Same-Day Access * The News Cycle


DACA Applications

HOUSTON — A Houston-based immigrant rights group accuses U.S .
Citizenship and Immigration Services of refusing to accept new applications @ @ @ @ @ Childhood Arrivals program , despite the Supreme Court ruling last month to overturn the rollback @ @ @

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


courthousenews--2020-07-16--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-07-17--Minnesota Democrats Challenge State Ban on Felons’ Ability to Participate in Caucuses

ST. PAUL , Minn. ( CN ) — Minnesota Democrats are challenging a state statute preventing people who are ineligible to vote from participating in precinct caucuses , saying it prevents nonvoters from participating in party business that extends beyond the ballot box .
Minnesota Democratic Farmer Labor Party Chair Ken Martin said in a statement Thursday night that a lawsuit he filed against Minnesota Secretary of State Steve Simon , also a Democrat , is part of an effort to end racial disparities in the party and the state .
“ The DFL Party is committed to ending the @ @ @ @ @ @ @ , which is why we can not in good conscience bar Minnesotans who are finishing probation , parole , or supervised release for a felony conviction from participating in our caucuses , ” Martin wrote .
“ Due to the important role caucuses play in determining the values and standard-bearers of the DFL Party , we should be extremely skeptical of any laws and regulations that restrict Minnesotans ’ access to our caucuses.
” Minnesota is using a primary system for the 2020 presidential and down-ballot races , a system it also adopted @ @ @ @ @ @ @ DFL ’ s endorsements , platform and party leadership , however , are still decided by delegates selected at precinct caucuses to go to a statewide convention .
State convention delegates vote to endorse candidates , elect members of the Democratic National Committee and endorse candidates for state and federal offices , although the candidate whose name appears on general-election ballots is actually decided at a later primary .
Martin ’ s position as party chair is also filled at each biennial convention , along with a handful of other leadership roles .
@ @ @ @ @ @ @ rules , which require delegates to make speeches and be vetted but the caucus ’ functions are fundamentally the same ; delegates at caucuses elect delegates to go to district conventions and so on , deciding party leadership and platforms .
Not allowing people who are ineligible to vote , a group including minors , non-citizens like “ Dreamers , ” who arrived in the U.S. as children , and many people who have been convicted of felonies , to participate in caucuses infringes on the party ’ s constitutional right to free @ @ @ @ @ @ @ firm Lockridge Grindal Nauen argued in the DFL ’ s complaint .
“ The selection of delegates , endorsement of candidates , selection of Party leadership , and adoption of issues and action items to be included in the Pany Platform do not bear a sufficiently close relationship to the election of officials for state or national office such that the State has a compelling interest in limiting participation to eligible voters , ” Nauen wrote .
The prohibition prevents a wide range of party members from serving as party officials and delegates @ @ @ @ @ @ @ the party ’ s platform and agenda , he added .
Simon ’ s office did not respond to a request for comment late Thursday afternoon .
While the complaint pays mention to minors and noncitizens , Martin focused on a third category , people who have been stripped of their right to vote , in his statement .
Minnesota passed a felon voting ban when it gained statehood in 1858 .
While that restriction has since been relaxed so that felons can regain voting rights after completing parole or probation , over @ @ @ @ @ @ @ rights because of it , according to the state ’ s branch of the American Civil Liberties Union .
People of color are heavily impacted by the restriction , according to the ACLU , including 1 in 8 Black men .
Campaigns to restore the vote to felons in recent years have made little legislative traction , but the Minneapolis Star Tribune reported in January that restoring voting rights to prisoners after release could enjoy public support as high as 60 percent .
Minnesota ’ s caucuses , meanwhile , have different struggles @ @ @ @ @ @ @ longer the means to select candidates to go on the ballot , some politicos have begun asking why they ’ re still being done at all , a question echoed this year by the St. Paul Pioneer Press .
Critics argue that caucuses favor those willing and able to spend the better part of a weeknight talking politics with their neighbors , while supporters say that ’ s a small price to pay for meeting your neighbors for in-person deliberations , a benefit reduced this year by Covid-19 restrictions .

Minnesota Democrats are challenging a state statute preventing people who are ineligible to vote from participating in precinct caucuses, saying it prevents nonvoters from participating in party business that extends beyond the ballot box.
ST. PAUL, Minn. (CN) — Minnesota Democrats are challenging a state statute preventing people who are ineligible to vote from participating in precinct caucuses, saying it prevents nonvoters from participating in party business that extends beyond the ballot box.
Minnesota Democratic Farmer Labor Party Chair Ken Martin said in a statement Thursday night that a lawsuit he filed against Minnesota Secretary of State Steve Simon, also a Democrat, is part of an effort to end racial disparities in the party and the state.
"The DFL Party is committed to ending the rampant racial disparities that exist throughout society, which is why we cannot in good conscience bar Minnesotans who are finishing probation, parole, or supervised release for a felony conviction from participating in our caucuses,” Martin wrote.
“Due to the important role caucuses play in determining the values and standard-bearers of the DFL Party, we should be extremely skeptical of any laws and regulations that restrict Minnesotans’ access to our caucuses.”
Minnesota is using a primary system for the 2020 presidential and down-ballot races, a system it also adopted for midterm elections in 2018. The DFL’s endorsements, platform and party leadership, however, are still decided by delegates selected at precinct caucuses to go to a statewide convention.
State convention delegates vote to endorse candidates, elect members of the Democratic National Committee and endorse candidates for state and federal offices, although the candidate whose name appears on general-election ballots is actually decided at a later primary. Martin’s position as party chair is also filled at each biennial convention, along with a handful of other leadership roles.
The Minnesota GOP has its own caucus rules, which require delegates to make speeches and be vetted but the caucus’ functions are fundamentally the same; delegates at caucuses elect delegates to go to district conventions and so on, deciding party leadership and platforms.
Not allowing people who are ineligible to vote, a group including minors, non-citizens like “Dreamers,” who arrived in the U.S. as children, and many people who have been convicted of felonies, to participate in caucuses infringes on the party’s constitutional right to free association, attorney Charles Nauen of Minneapolis firm Lockridge Grindal Nauen argued in the DFL’s complaint.
“The selection of delegates, endorsement of candidates, selection of Party leadership, and adoption of issues and action items to be included in the Pany Platform do not bear a sufficiently close relationship to the election of officials for state or national office such that the State has a compelling interest in limiting participation to eligible voters,” Nauen wrote.
The prohibition prevents a wide range of party members from serving as party officials and delegates or advancing issues important to them via the party’s platform and agenda, he added.
Simon’s office did not respond to a request for comment late Thursday afternoon.
While the complaint pays mention to minors and noncitizens, Martin focused on a third category, people who have been stripped of their right to vote, in his statement.
Minnesota passed a felon voting ban when it gained statehood in 1858. While that restriction has since been relaxed so that felons can regain voting rights after completing parole or probation, over 53,000 Minnesotans still do not have voting rights because of it, according to the state’s branch of the American Civil Liberties Union.
People of color are heavily impacted by the restriction, according to the ACLU, including 1 in 8 Black men. Campaigns to restore the vote to felons in recent years have made little legislative traction, but the Minneapolis Star Tribune reported in January that restoring voting rights to prisoners after release could enjoy public support as high as 60 percent.
Minnesota’s caucuses, meanwhile, have different struggles. Now that they’re no longer the means to select candidates to go on the ballot, some politicos have begun asking why they’re still being done at all, a question echoed this year by the St. Paul Pioneer Press.
Critics argue that caucuses favor those willing and able to spend the better part of a weeknight talking politics with their neighbors, while supporters say that’s a small price to pay for meeting your neighbors for in-person deliberations, a benefit reduced this year by Covid-19 restrictions.


courthousenews--2020-07-17--Clash With Local Authorities as Feds Continue to Advance on Portland Protesters

PORTLAND , Ore. ( CN ) — Federal police who shot an unarmed protester in the face last weekend in Portland with a “ less lethal ” weapon should be under the same court order to limit use of such weapons that local police must follow , attorneys argued on Thursday , the same afternoon acting Homeland Security Secretary Chad Wolf arrived in the city and called protesters “ a violent mob.
” Multiple videos show 26-year-old Donavan LaBella standing across the street from the Mark Hatfield Federal Courthouse , holding a boombox overhead as federal police dressed in army @ @ @ @ @ @ @ LaBella leans over to toss a canister back into the center of the street .
Moments after he stands , he collapses before protesters carry him away bleeding .
LaBella ’ s mother told The Oregonian her son had a fractured skull and underwent facial reconstructive surgery .
President Donald Trump said Monday that “ Portland was totally out of control ” and that federal officers “ very much quelled it.
” Wolf , acting secretary of the Department of Homeland Security , oversees several units of federal police that have violently suppressed @ @ @ @ @ @ @ July 4 .
He appeared on Fox News July 6 to decry the protests .
“ We need help and assistance from state and local officials , ” Wolf told Fox News .
“ If they ’ re not going to protect their cities , the president has been very clear we will .
And we will step in.
” Meanwhile , federal police in unmarked vehicles have been grabbing protesters off the streets and detaining them without explanation , according to Oregon Public Broadcasting .
Wolf arrived in Portland Thursday afternoon .
@ @ @ @ @ @ @ , but issued a statement : “ The city of Portland has been under siege for 47 straight days by a violent mob while local political leaders refuse to restore order to protect their city , ” Wolf said .
“ This siege can end if state and local officials decide to take appropriate action instead of refusing to enforce the law .
DHS will not abdicate its solemn duty to protect federal facilities and those within them.
” Portland Mayor Ted Wheeler said on Twitter that he asked Wolf to leave .
@ @ @ @ @ @ @ ’ re here , ” Wheeler said .
“ We wish they weren ’ t .
We haven ’ t been invited to meet with them and if we were , we would decline.
” But Wheeler , commissioner for both police and Portland parks , directed police early this morning to clear Lownsdale and Chapman Squares , two parks across from the Multnomah County Justice Center and the federal courthouse , where protesters have gathered nightly for six weeks .
The move turned out to be hours before Sec .
Wolf ’ @ @ @ @ @ @ @ said the mayor spoke with Wolf Tuesday but didn ’ t know about his planned visit .
Spokesman Tim Becker told Courthouse News that the move to clear the parks has been in the works since early this week .
“ There ’ s no connection between our decision to close the parks and Secretary Wolf ’ s arrival in Portland , ” Becker said .
Other officials had more forceful statements .
“ A peaceful protester in Portland was shot in the head by one of Donald Trump ’ s secret police @ @ @ @ @ @ @ Twitter .
“ Now Trump and Chad Wolf are weaponizing the DHS as their own occupying army to provoke violence on the streets of my hometown because they think it plays well with right-wing media.
” Oregon Governor Kate Brown said Trump sent Wolf to Portland to provoke a confrontation “ in the hopes of winning political points in Ohio or Iowa.
” “ I told acting Secretary Wolf that the federal government should remove all federal officers from our streets , ” Brown said .
“ His response showed me he is @ @ @ @ @ @ @ political purposes .
He is putting both Oregonians and local law enforcement officers in harm ’ s way .
This , coming from the same president who used tear gas to clear out peaceful protesters in Washington , D.C. , to engineer a photo opportunity.
” Questions over the authority of federal police are also playing out in the courts .
A federal judge banned the Portland Police Bureau from using tear gas two weeks ago , unless they declare a riot or there is imminent harm to human life .
Federal police @ @ @ @ @ @ @ the use of tear gas has continued almost nightly .
Don ’ t Shoot Portland , a protest group leading the lawsuit , has filed a motion to hold the city in contempt , claiming police have continued to use tear gas and excessive force in violation of the order .
For at least one of those occasions , the city argued that Portland police weren ’ t the ones shooting that night .
“ No PPB officers deployed munitions from either inside the Justice Center or from the portico in front of @ @ @ @ @ @ @ 2020 , ” the city wrote in its response to the protesters ’ motion for contempt .
Who fired shots and when are murky questions .
Portland police aren ’ t the only officers using violence to quell the nightly protests against racism and police violence that have been held throughout the city and around the country since Minneapolis police killed George Floyd by kneeling on his neck for nearly nine minutes .
Federal police from the U.S .
Marshals Service and several divisions of the Department of Homeland Security have worked alongside @ @ @ @ @ @ @ .
Since then , they have made liberal use of less lethal munitions local police are restricted from using .
It ’ s a dynamic that a local civil rights attorney compared to domestic violence cases he ’ s seen .
“ It ’ s a question of aiding and abetting , ” Juan Chavez , attorney in the case and director of the Oregon Justice Resource Center ’ s Civil Rights Project told Courthouse News .
“ You see this in domestic violence restraining orders .
You can ’ t get a @ @ @ @ @ @ @ was restrained in an order .
If the evidence shows that PPB was directing the federal police to fire tear gas into a crowd and it ’ s not in accordance with Oregon law , then it ’ s a violation.
” But federal leaders don ’ t seem to think they ’ re doing anything wrong .
On July 11 , Trump told Wolf he ’ d “ really done a great job ” in Portland .
“ We should have more support of the local police there , ” Wolf said @ @ @ @ @ @ @ of Homeland Security , along with the DOJ , FBI and others are surging resources , and we ’ re starting to make a difference there.
” Trump said Portland police “ have been told not to do too much ” – a possible reference to the temporary restraining order prohibiting them from using tear gas except in cases where lives are threatened .
“ It ’ s not the way it ’ s supposed to be , but that ’ s okay , ” Trump added .
Meanwhile , in the case @ @ @ @ @ @ @ planned for Thursday and Friday on a motion for preliminary injunction was scrapped .
Chavez said there were too many facts to establish before a judge could make a decision .
“ Neither side agrees on what ’ s going on out in the street , ” Chavez said .
“ It gets to the heart of the issue .
On one hand , we ’ re saying passive , peaceful protesters are getting injured .
And on the other side , the cops are saying they ’ re taking water bottles and @ @ @ @ @ @ @ How do you square those two things ?
You have a trial.
” In a parallel case , the city agreed Thursday not to arrest legal observers and journalists covering the protests who haven ’ t broken any laws , but want to document police treatment of protesters .
Journalists in the proposed class action sued the city in June , claiming police were targeting them for filming arrests .
Now , they want to add federal police working alongside local police as defendants in the case .
“ It ’ s a @ @ @ @ @ @ @ attorney for the journalists said Thursday .
“ Claims against city and the federal police involve both actors doing the same thing , at the same time and working together on the same nights while using the same tactics , like tear gas and batons .
Federal police are working in the PPB command center and plaintiffs in the case saw federal agents swarm out of the Justice Center , which is PPB ’ s headquarters.
” Acharya said several plaintiffs in the case were shot by tear gas canisters , but don @ @ @ @ @ @ @ fired by local or federal police .
He added that protest policing – and the public ’ s understanding of it – is an evolving situation .
“ It ’ s entirely possible that PPB could start coordinating with federal police tomorrow , or that discovery will reveal greater entanglement than we are aware of so far , ” Acharya told U.S. District Judge Michael Simon .
Simon said he would issue a ruling Friday morning .
He suggested that he might allow federal police to be added as defendants .
“ I @ @ @ @ @ @ @ common to all the defendants , ” Simon said .
“ Does the First Amendment give journalists or legal observers the right to remain at a location despite an order to disperse ?
Do they have rights that are different than any other citizen ?
” On the other hand , Simon said , he might invite the plaintiffs to file a separate complaint against federal police that he would also oversee .
That way , he said , the parties could consolidate discovery and pretrial motions and he could decide later whether @ @ @ @ @ @ @ to separate the city from the federal police during trial .
Acharya said the second route would delay protections for journalists and legal observers .
He described the experience of one videographer , who police shot in the back nearly a dozen times with rubber bullets as he covered the protests last Saturday .
“ Mathieu Lewis-Rolland was shot up by federal agents four or five days ago , ” Acharya said .
“ Since that time , he has been chilled from engaging in his protected expressive activity because he doesn ’ @ @ @ @ @ @ @ Any minute that the relief the court gave plaintiffs doesn ’ t extend to the federal entities is a moment that plaintiffs are chilled .
And it ’ s a moment that the public is less informed .
”

Federal police who shot an unarmed protester in the face last weekend in Portland with a “less lethal” weapon should be under the same court order to limit use of such weapons that local police must follow, attorneys argued on Thursday, the same afternoon acting Homeland Security Secretary Chad Wolf arrived in the city and called protesters “a violent mob.”
PORTLAND, Ore. (CN) — Federal police who shot an unarmed protester in the face last weekend in Portland with a “less lethal” weapon should be under the same court order to limit use of such weapons that local police must follow, attorneys argued on Thursday, the same afternoon acting Homeland Security Secretary Chad Wolf arrived in the city and called protesters “a violent mob.”
Multiple videos show 26-year-old Donavan LaBella standing across the street from the Mark Hatfield Federal Courthouse, holding a boombox overhead as federal police dressed in army fatigues shoot canisters of tear gas. LaBella leans over to toss a canister back into the center of the street.
Moments after he stands, he collapses before protesters carry him away bleeding. LaBella’s mother told The Oregonian her son had a fractured skull and underwent facial reconstructive surgery.
President Donald Trump said Monday that “Portland was totally out of control” and that federal officers “very much quelled it.”
Wolf, acting secretary of the Department of Homeland Security, oversees several units of federal police that have violently suppressed Portland’s protests since at least July 4. He appeared on Fox News July 6 to decry the protests.
“We need help and assistance from state and local officials,” Wolf told Fox News. “If they’re not going to protect their cities, the president has been very clear we will. And we will step in.”
Meanwhile, federal police in unmarked vehicles have been grabbing protesters off the streets and detaining them without explanation, according to Oregon Public Broadcasting.
“This is not law and order,” ACLU staff attorney Vera Eidelman said at a press conference on Friday. “This is lawlessness. This is a constitutional nightmare.”
Wolf arrived in Portland Thursday afternoon. He didn’t speak with press, but issued a statement:
“The city of Portland has been under siege for 47 straight days by a violent mob while local political leaders refuse to restore order to protect their city,” Wolf said. “This siege can end if state and local officials decide to take appropriate action instead of refusing to enforce the law. DHS will not abdicate its solemn duty to protect federal facilities and those within them.”
Portland Mayor Ted Wheeler said on Twitter that he asked Wolf to leave.
“We’re aware that they’re here,” Wheeler said. “We wish they weren’t. We haven’t been invited to meet with them and if we were, we would decline.”
But early Thursday, Wheeler — commissioner for both police and Portland parks — directed police to clear Lownsdale and Chapman Squares, two parks across from the Multnomah County Justice Center and the federal courthouse, where protesters have gathered nightly for six weeks. The move turned out to be hours before Wolf’s arrival.
Wheeler’s office said the mayor spoke with Wolf Tuesday but didn’t know about his planned visit. Spokesman Tim Becker told Courthouse News the move to clear the parks has been in the works since early this week.
“There’s no connection between our decision to close the parks and Secretary Wolf’s arrival in Portland,” Becker said.
On Friday, after the story of federal police in unmarked cars whisking protesters off the streets without probable cause had made national news, Wheeler issued more forceful statements.
“We need our president to be held accountable,” Wheeler said. “He cannot continue to quell free speech. He cannot alter the foundation of American democracy. He cannot use federal agencies as his own personal army. Mr. President, we see right through you. We see what you’re doing. So do us a favor. Keep your troops in your own buildings and have them leave our city.”


courthousenews--2020-07-17--California Sets Remote Bar Exam Dates Amid Pandemic

SAN FRANCISCO ( CN ) — The California Supreme Court has finally weighed in on the question of whether the State Bar should still administer a remote bar exam this year in light of the Covid-19 pandemic .
Their short answer is yes , though it pushed the exam dates to Oct. 5-6 .
The high court initially delayed the exam until September , ordering the bar to “ make every effort possible ” to administer the test online .
With the additional delay , it seems clear that California will forge ahead with a remote test over objections from @ @ @ @ @ @ @ justices took a sympathetic tone in a letter to the bar ’ s board of trustees Thursday , saying they understand that many law school graduates have seen their post-law school plans upended by the pandemic ; losing job offers , health insurance and a means to pay off their student loans .
“ With these considerations in mind , the court has sought the safest , most humane and practical options for licensing law graduates by encouraging and working with the State Bar to pursue the option of administering the California Bar @ @ @ @ @ @ @ to avoid the need for , and dangers posed by , mass in-person testing , ” their letter says .
California joins Arizona , Washington D.C. , Kentucky , New Jersey , Maine , Maryland , Oregon , Pennsylvania , Tennessee , and Texas in holding an online exam in October .
The court urged law schools to help graduates lacking internet access or a quiet space to take the exam by allowing them to use school facilities and equipment .
The high court also settled in one fell swoop the thorny and @ @ @ @ @ @ @ ’ s minimum passing score , currently the second highest in the nation after Delaware , by announcing that the score will be permanently lowered from 1440 to 1390 .
But one issue on which the court refused to budge was diploma privilege .
Several states , like Oregon , Utah , and Washington , have granted graduates of all American Bar Association ( ABA ) -accredited law schools automatic admission to the bar without having first passed the bar exam .
But California won ’ t be among them .
The justices @ @ @ @ @ @ @ schools in California represent an array of different accreditations , not all by the ABA .
“ If California were to adopt diploma-privilege criteria used by other states , graduates of nearly four dozen California law schools would not meet those criteria and would be excluded , ” their letter says .
The State Bar ’ s board of trustees have been discussing since March whether to postpone the exam originally scheduled for July , opening up phone lines to dozens of anxious students who said they feared losing jobs contingent on passing @ @ @ @ @ @ @ didn ’ t have a strong internet connection or test-taking space .
As students voiced their concerns during another public comment session in July , at least one board member appeared to fall asleep .
For many law school graduates , diploma privilege is the only option they can support .
“ Diploma privilege is the most equitable solution , ” said Ryan , a 2019 graduate who spoke with Courthouse News by phone late Thursday .
He was not comfortable giving his last name as it could jeopardize his current employment with @ @ @ @ @ @ @ took the bar exam in February and failed by just six points , was particularly galled by the court ’ s sudden decision to permanently lower the cut score but not apply it retroactively to February ’ s test takers .
“ When I see the cut score got reduced it makes no sense to me .
Am I not competent ?
” he said .
Ryan said it felt like a last-minute concession .
“ It ’ s almost like they felt it was necessary in order to save face , ” @ @ @ @ @ @ @ disclosed how the pandemic affected their grading procedure for the February exam .
We don ’ t even know how they are grading or how the graders were affected by the pandemic .
There ’ s so much unknown that ’ s going on at the State Bar and there ’ s a lack of transparency.
” In another compromise , the court also directed the State Bar to implement a temporary provisional licensure program , under which graduates can practice specified areas of law under the supervision of a licensed attorney .
@ @ @ @ @ @ @ for now , it will apply to all 2020 graduates of California-based law schools or for law school graduates outside of California who are permitted to sit for the California bar exam .
“ At a minimum , this provisional licensure program shall remain in effect until at least June 1 , 2022 to permit 2020 graduates maximum flexibility , ” the court ’ s letter says .
“ This timeframe will afford the 2020 graduates several opportunities to take the exam of their choosing through February 2022 and await the exam results.
@ @ @ @ @ @ @ this year now have until July 24 to register .

The California Supreme Court has finally weighed in on the question of whether the State Bar should still administer a remote bar exam this year in light of the Covid-19 pandemic, pushing exam dates to early October.
SAN FRANCISCO (CN) — The California Supreme Court has finally weighed in on the question of whether the State Bar should still administer a remote bar exam this year in light of the Covid-19 pandemic.
Their short answer is yes, though it pushed the exam dates to Oct. 5-6. The high court initially delayed the exam until September, ordering the bar to “make every effort possible” to administer the test online. With the additional delay, it seems clear that California will forge ahead with a remote test over objections from students and law school deans.
The justices took a sympathetic tone in a letter to the bar’s board of trustees Thursday, saying they understand that many law school graduates have seen their post-law school plans upended by the pandemic; losing job offers, health insurance and a means to pay off their student loans.
“With these considerations in mind, the court has sought the safest, most humane and practical options for licensing law graduates by encouraging and working with the State Bar to pursue the option of administering the California Bar Examination online as a remote test, to avoid the need for, and dangers posed by, mass in-person testing,” their letter says. California joins Arizona, Washington D.C., Kentucky, New Jersey, Maine, Maryland, Oregon, Pennsylvania, Tennessee, and Texas in holding an online exam in October.
The court urged law schools to help graduates lacking internet access or a quiet space to take the exam by allowing them to use school facilities and equipment.
The high court also settled in one fell swoop the thorny and long-running debate over lowering the bar exam’s minimum passing score, currently the second highest in the nation after Delaware, by announcing that the score will be permanently lowered from 1440 to 1390.
But one issue on which the court refused to budge was diploma privilege. Several states, like Oregon, Utah, and Washington, have granted graduates of all American Bar Association (ABA)-accredited law schools automatic admission to the bar without having first passed the bar exam. But California won’t be among them.
The justices said that unlike other states, law schools in California represent an array of different accreditations, not all by the ABA.
“If California were to adopt diploma-privilege criteria used by other states, graduates of nearly four dozen California law schools would not meet those criteria and would be excluded,” their letter says.
The State Bar’s board of trustees have been discussing since March whether to postpone the exam originally scheduled for July, opening up phone lines to dozens of anxious students who said they feared losing jobs contingent on passing the bar, or that they simply didn't have a strong internet connection or test-taking space.
As students voiced their concerns during another public comment session in July, at least one board member appeared to fall asleep.
For many law school graduates, diploma privilege is the only option they can support.
“Diploma privilege is the most equitable solution,” said Ryan, a 2019 graduate who spoke with Courthouse News by phone late Thursday. He was not comfortable giving his last name as it could jeopardize his current employment with a law firm.
Ryan, who took the bar exam in February and failed by just six points, was particularly galled by the court’s sudden decision to permanently lower the cut score but not apply it retroactively to February’s test takers.
"When I see the cut score got reduced it makes no sense to me. Am I not competent?” he said.
Ryan said it felt like a last-minute concession.
“It’s almost like they felt it was necessary in order to save face,” he said. "They have never disclosed how the pandemic affected their grading procedure for the February exam. We don’t even know how they are grading or how the graders were affected by the pandemic. There’s so much unknown that’s going on at the State Bar and there’s a lack of transparency.”
In another compromise, the court also directed the State Bar to implement a temporary provisional licensure program, under which graduates can practice specified areas of law under the supervision of a licensed attorney. More details are supposedly forthcoming, but for now, it will apply to all 2020 graduates of California-based law schools or for law school graduates outside of California who are permitted to sit for the California bar exam.
“At a minimum, this provisional licensure program shall remain in effect until at least June 1, 2022 to permit 2020 graduates maximum flexibility,” the court’s letter says. “This timeframe will afford the 2020 graduates several opportunities to take the exam of their choosing through February 2022 and await the exam results.”
Graduates looking to take the bar this year now have until July 24 to register.


courthousenews--2020-07-17--Bayou Bridge Pipeline “Trampled” Landowner Rights, Louisiana Appeals Court Rules

LAKE CHARLES , La .
( CN ) — In a win for landowners whose land was taken by a pipeline company , a Louisiana state appeal court Thursday ruled that Bayou Bridge Pipeline , which was constructed as the final stretch of the controversial Dakota Access Pipeline , “ trampled ” their rights when it cut across their properties without their permission .
The company cut down hardwood trees , trenched and laid pipelines without ever first receiving authorization from property owners .
Only after the property owners complained , the company sought the land it desired through eminent @ @ @ @ @ @ @ Appeal for the State of Louisiana reversed a lower court ’ s ruling that the plaintiffs were entitled to just $ 150 apiece for their land and awarded them instead $ 10,000 plus legal fees for violation of the landowners ’ due process rights .
But the court said the pipeline company was entitled to take the land through eminent domain , since doing so is legal under Louisiana law .
Louisiana is one of the few states where oil and gas companies can expropriate land if their project is deemed to be @ @ @ @ @ @ @ of the 16th District Court in St. Martin Parish in a December 2018 order calculated , based on expert testimony from Energy Transfer Partners , that landowner plaintiff Theda Larson Wright was entitled to 37 cents for the land Bayou Bridge cleared and built the pipeline under and Peter K. Aalestad and his sister Katherine Aalestad should each receive $ 2.17 .
But Comeaux awarded them each $ 75 apiece instead for the land and another $ 75 for the trees Bayou Bridge cut down , though he agreed with the expert that @ @ @ @ @ @ @ are so remote .
The Atchafalaya Basin through which the Bayou Bridge Pipeline runs , is the largest remaining river swamp in North America , containing many old growth trees and endangered species .
The 44-page order issued Thursday by the Third Circuit five-judge panel said Bayou Bridge Pipeline “ trampled ” the property owners ’ due process rights as landowners when it “ consciously ordered construction to begin ” on their properties .
Bayou Bridge “ eviscerated the constitutional protections laid out to specifically protect those property rights .
Therefore , we @ @ @ @ @ @ @ when it failed to compensate Defendants when BBP tread upon those constitutionally recognized rights , ” the order said .
The court found that Bayou Bridge violated the property owners ’ rights and “ [ t ] o decide otherwise would give entities such as BBP the unrestrained ability to decide whether another citizen ’ s property rights can be restricted and makes a mockery of the state ’ s carefully crafted laws of expropriation.
” Bayou Bridge Pipeline is a joint-venture between Energy Transfer Partners , the company behind the controversial Dakota @ @ @ @ @ @ @ Phillips 66 .
It will be the final leg connecting the Bakken oil fields in North Dakota with Louisiana export terminals and was designed to carry almost half a million gallons of crude oil a day across 11 Louisiana parishes and 700 water bodies , from Nederland , Texas to St. James Parish , roughly 50 miles from New Orleans .
Earlier this month , in a win for environmentalists and others who have fought for years to stop the pipeline , a federal judge ordered that Dakota Access drain its pipeline until @ @ @ @ @ @ @ running beneath Lake Oahe along the Missouri River would affect the environment .
The landowners were happy with Thursday ’ s ruling , but they also expressed disappointment that their case did not pose a bigger challenge to the law of eminent domain .
“ When we first considered taking on BBP , it was conventional wisdom that you couldn ’ t win against a pipeline company in Louisiana , ” landowner Peter Aalestad said in a statement Thursday , “ but we wanted to do what was right regardless .
For others @ @ @ @ @ @ @ win , I hope this victory shows that they can , and that these companies can not simply do what they want , run roughshod over people ’ s rights , and get away with a small fine ass the cost of doing business.
” Landowner Theda Larson Wright called the decision Thursday a victory for all landowners .
“ All over the country , pipeline companies have destroyed people ’ s land , often without even attempting to get permission , and dared the landowners to speak up , ” she said @ @ @ @ @ @ @ represented by Pam Spees and Astha Sharma Pokharel at the Center for Constitutional Rights , Misha Mitchell at Atchafalaya Basinkeeper , and Bill Quigley .
Alexis Daniel , a spokesperson for Energy Transfer Partners , said in an email that the company does not comment on pending litigation .
“ We are proud of this project , which has been safely operating since March of 2019 , ” Daniels said .
The Third Circuit panel was comprised of Circuit Judges Sylvia R. Cooks , Billy Howard Ezell , Shannon J. Gremillion , D. @ @ @ @ @ @ @ Judge Ezell dissented in part .

In a win for landowners whose land was taken by a pipeline company, a Louisiana state appeal court Thursday ruled that Bayou Bridge Pipeline, which was constructed as the final stretch of the controversial Dakota Access Pipeline, “trampled” their rights when it cut across their properties without their permission.
LAKE CHARLES, La. (CN) — A Louisiana appeals court ruled Thursday that Bayou Bridge Pipeline, which was constructed as the final stretch of the controversial Dakota Access Pipeline, “trampled” landowners' rights when it cut across their properties without their permission.
The company cut down hardwood trees, trenched and laid pipelines without ever first receiving authorization from property owners. Only after the property owners complained, the company sought the land it desired through eminent domain.
The Third Circuit Court of Appeal for the state of Louisiana reversed a lower court’s ruling that the plaintiffs were entitled to just $150 apiece for their land and awarded them instead $10,000 plus legal fees for violation of the landowners’ due process rights. But the court said the pipeline company was entitled to take the land through eminent domain, since doing so is legal under Louisiana law.
Louisiana is one of the few states where oil and gas companies can expropriate land if their project is deemed to be for public benefit.
Judge Keith Comeaux of the 16th District Court in St. Martin Parish in a December 2018 order calculated, based on expert testimony from Energy Transfer Partners, that landowner plaintiff Theda Larson Wright was entitled to 37 cents for the land Bayou Bridge cleared and built the pipeline under and Peter K. Aalestad and his sister Katherine Aalestad should each receive $2.17.
But Comeaux awarded them each $75 apiece instead for the land and another $75 for the trees Bayou Bridge cut down, though he agreed with the expert that the trees were worthless because the properties are so remote.
The Atchafalaya Basin through which the Bayou Bridge Pipeline runs, is the largest remaining river swamp in North America, containing many old growth trees and endangered species.
The 44-page order issued Thursday by the Third Circuit five-judge panel said Bayou Bridge Pipeline “trampled” the property owners' due process rights as landowners when it “consciously ordered construction to begin” on their properties.
Bayou Bridge “eviscerated the constitutional protections laid out to specifically protect those property rights. Therefore, we find the trial court committed legal error when it failed to compensate Defendants when BBP tread upon those constitutionally recognized rights,” the order said.
The court found that Bayou Bridge violated the property owners’ rights and “[t]o decide otherwise would give entities such as BBP the unrestrained ability to decide whether another citizen’s property rights can be restricted and makes a mockery of the state’s carefully crafted laws of expropriation.”
Bayou Bridge Pipeline is a joint-venture between Energy Transfer Partners, the company behind the controversial Dakota Access Pipeline in North Dakota, and Phillips 66.
It will be the final leg connecting the Bakken oil fields in North Dakota with Louisiana export terminals and was designed to carry almost half a million gallons of crude oil a day across 11 Louisiana parishes and 700 water bodies, from Nederland, Texas to St. James Parish, roughly 50 miles from New Orleans.
Earlier this month, in a win for environmentalists and others who have fought for years to stop the pipeline, a federal judge ordered that Dakota Access drain its pipeline until an environmental report on how crude oil running beneath Lake Oahe along the Missouri River would affect the environment.
The landowners were happy with Thursday's ruling, but they also expressed disappointment that their case did not pose a bigger challenge to the law of eminent domain.
“When we first considered taking on BBP, it was conventional wisdom that you couldn’t win against a pipeline company in Louisiana,” landowner Peter Aalestad said in a statement Thursday, “but we wanted to do what was right regardless. For others out there thinking they can’t win, I hope this victory shows that they can, and that these companies cannot simply do what they want, run roughshod over people’s rights, and get away with a small fine ass the cost of doing business.”
Landowner Theda Larson Wright called the decision Thursday a victory for all landowners.
“All over the country, pipeline companies have destroyed people’s land, often without even attempting to get permission, and dared the landowners to speak up,” she said in a statement.
The landowners are represented by Pam Spees and Astha Sharma Pokharel at the Center for Constitutional Rights, Misha Mitchell at Atchafalaya Basinkeeper, and Bill Quigley.
Alexis Daniel, a spokesperson for Energy Transfer Partners, said in an email that the company does not comment on pending litigation.
“We are proud of this project, which has been safely operating since March of 2019,” Daniels said.
The Third Circuit panel was comprised of Circuit Judges Sylvia R. Cooks, Billy Howard Ezell, Shannon J. Gremillion, D. Kent Savoie and Jonathan W. Perry. Judge Ezell dissented in part.


courthousenews--2020-07-17--Georgia Governor Sues Atlanta Mayor to Block Mask Mandate

ATLANTA ( CN ) — Georgia Governor Brian Kemp announced Thursday he is suing Atlanta Mayor Keisha Lance Bottoms and the Atlanta City Council to block the city from requiring citizens to wear face masks in public as the number of people infected statewide with Covid-19 continues to surge .
Kemp and Georgia Attorney General Chris Carr filed the lawsuit in Fulton County Superior Court Thursday evening , arguing that Bottoms has exceeded her authority by issuing executive orders which are more restrictive than those issued by the governor .
The lawsuit states that Kemp alone , “ leads the @ @ @ @ @ @ @ the worldwide novel coronavirus/COVID-19 pandemic ” and says that he has exclusive power “ to suspend municipal orders that are contradictory to any state law or to his executive orders.
” “ This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times , ” Kemp said on Twitter Thursday after the lawsuit was announced .
“ We will fight to stop these reckless actions and put people over pandemic politics , ” he added .
The complaint comes after Kemp @ @ @ @ @ @ @ forbidding municipal government officials across the state from setting mandatory face covering policies .
Officials in more than a dozen Georgia cities and counties had issued orders requiring the use of face coverings during the pandemic .
In a series of July orders , Bottoms mandated the use of face masks in Atlanta , restricted public gatherings to no more than 10 people and urged residents to leave home only for essential trips .
The governor said that his office would “ strongly encourage ” Georgians to wear face masks but would not @ @ @ @ @ @ @ of Covid-19 infections continues to rise across the state and hospitalizations increase .
The lawsuit alleges that the orders issued by Bottoms are unnecessarily confusing to the public and have caused some businesses to close their doors .
“ Mayor Bottoms ’ contradictory executive orders , press releases , and statements to the press , creates uncertainty and confusion among Atlanta City business owners and the citizenry of this State , ” the complaint reads .
“ Mayor Bottoms ’ orders and actions present a high potential for irreparable harm to the citizenry @ @ @ @ @ @ @ lost wages and livelihood , business closures , and the opportunity for economic growth.
” The lawsuit asks to overturn orders given by Bottoms , which are more restrictive than Kemp ’ s , and to block Bottoms from issuing any other orders that go beyond the governor ’ s approach .
The complaint also asks a judge to instruct the city council not to ratify Bottoms ’ actions or adopt ordinances that contradict Kemp , force Bottoms from making public statements claiming that she has authority that exceeds Kemp ’ s and @ @ @ @ @ @ @ s existing orders .
Bottoms took to Twitter Thursday evening to hit back at the governor .
“ 3104 Georgians have died and I and my family are amongst the 106k who have tested positive for COVID-19 .
Meanwhile , I have been sued by @ GovKemp for a mask mandate .
A better use of tax payer money would be to expand testing and contact tracing , ” she said .
The Covid-19 infection rate in Georgia continues to climb and nearly 2,800 people are now hospitalized statewide with the illness , @ @ @ @ @ @ @ .

Georgia Governor Brian Kemp announced Thursday he is suing Atlanta Mayor Keisha Lance Bottoms and the Atlanta City Council to block the city from requiring citizens to wear face masks in public as the number of people infected statewide with Covid-19 continues to surge.
ATLANTA (CN) — Georgia Governor Brian Kemp announced Thursday he is suing Atlanta Mayor Keisha Lance Bottoms and the Atlanta City Council to block the city from requiring citizens to wear face masks in public as the number of people infected statewide with Covid-19 continues to surge.
Kemp and Georgia Attorney General Chris Carr filed the lawsuit in Fulton County Superior Court Thursday evening, arguing that Bottoms has exceeded her authority by issuing executive orders which are more restrictive than those issued by the governor.
The lawsuit states that Kemp alone “leads the State of Georgia in its fight against the worldwide novel coronavirus/COVID-19 pandemic” and says that he has exclusive power “to suspend municipal orders that are contradictory to any state law or to his executive orders.”
“This lawsuit is on behalf of the Atlanta business owners and their hardworking employees who are struggling to survive during these difficult times,” Kemp said on Twitter Thursday after the lawsuit was announced.
“We will fight to stop these reckless actions and put people over pandemic politics,” he added.
The complaint comes after Kemp issued a new executive order Wednesday expressly forbidding municipal government officials across the state from setting mandatory face covering policies.
Officials in more than a dozen Georgia cities and counties had issued orders requiring the use of face coverings during the pandemic.
In a series of July orders, Bottoms mandated the use of face masks in Atlanta, restricted public gatherings to no more than 10 people and urged residents to leave home only for essential trips.
The governor said that his office would “strongly encourage” Georgians to wear face masks but would not require them, even as the number of Covid-19 infections continues to rise across the state and hospitalizations increase.
The lawsuit alleges that the orders issued by Bottoms are unnecessarily confusing to the public and have caused some businesses to close their doors.
“Mayor Bottoms’ contradictory executive orders, press releases, and statements to the press, creates uncertainty and confusion among Atlanta City business owners and the citizenry of this State,” the complaint reads. “Mayor Bottoms’ orders and actions present a high potential for irreparable harm to the citizenry, including but not limited to, lost wages and livelihood, business closures, and the opportunity for economic growth.”
The lawsuit asks to overturn orders given by Bottoms, which are more restrictive than Kemp’s, and to block Bottoms from issuing any other orders that go beyond the governor’s approach.
The complaint also asks a judge to instruct the city council not to ratify Bottoms’ actions or adopt ordinances that contradict Kemp, force Bottoms from making public statements claiming that she has authority that exceeds Kemp’s and require city officials to enforce Kemp’s existing orders.
Bottoms took to Twitter Thursday evening to hit back at the governor.
“3104 Georgians have died and I and my family are amongst the 106k who have tested positive for COVID-19. Meanwhile, I have been sued by @GovKemp for a mask mandate. A better use of tax payer money would be to expand testing and contact tracing,” she said.
The Covid-19 infection rate in Georgia continues to climb and nearly 2,800 people are now hospitalized statewide with the illness, the highest number on record so far.


courthousenews--2020-07-17--Seattle Judge Mulls Over Police Subpoena for Journalists’ Videos

SEATTLE ( CN ) – A Seattle judge is asking for more information before ruling on a police subpoena directed at the city ’ s five major media outlets seeking images of potential suspects in the torching of police cars and theft of weapons in the vehicles during a May 30 protest .
An attorney representing the news organizations called the subpoena “ unprecedented ” and a clear violation of Washington ’ s reporter shield law .
“ This doesn ’ t target a single reporter or two , it ’ s a blanket that targets every major outlet in @ @ @ @ @ @ @ an attorney with Davis Wright Tremaine representing the media companies , said at a King County Superior Court hearing Thursday .
The Seattle Police Department is on a “ fishing expedition and has not come close to meeting its burden , ” to show the video requested is critical and necessary for the investigation , Stahl said .
The SPD wants the Seattle Times and television stations KIRO , KING , KOMO and KCPQ to turn over all videos and photos taken over a 90-minute period in the downtown blocks surrounding a demonstration @ @ @ @ @ @ @ During the demonstration , suspects set fire to five police cars and stole a loaded Glock Model 43 semi-automatic pistol and a loaded Colt M4 carbine rifle , according to the SPD affidavit filed with the subpoena .
Under the Washington Shield Law , the party seeking disclosure must show the information sought is “ highly material and relevant , ” “ critical or necessary ” to a claim that has compelling public interest and must show it has “ exhausted all reasonable and available means.
” Stahl said police are just speculating @ @ @ @ @ @ @ investigators have already seen on surveillance video and social media .
Judge Nelson Lee asked Stahl if he thought the police hoped some journalist had photos of the culprits stealing guns .
“ Hope is not enough to get past the shield law , ” Stahl said .
Police have the burden to show “ clear and convincing evidence ” that materials subpoenaed are necessary , not speculation .
“ Is that really speculative ?
Being where they were , limiting requests for raw footage for a specific time and area ?
” @ @ @ @ @ @ @ t think the subpoena narrowly targets individuals who took images , ” Stahl replied .
Stahl said the police are asking for “ everything from every journalist ” who was there in the 90 minutes .
The time and effort to go through all the footage taken by journalists would be “ extremely burdensome ” for the news organizations , Stahl said .
Reporters already face hostility in covering protests because they are seen as being with the cops , he said .
Journalists are not acting as an arm of the state @ @ @ @ @ @ @ do their jobs .
Brian Esler , an attorney representing SPD , said the broad subpoena was “ an unusual procedure , ” and one not usually used by the department .
“ We are trying to identify suspects and recover stolen guns , ” he said .
Lee suggested police and the media outlets could work together to narrow the scope of the subpoena to pinpoint certain journalists .
Esler agreed it might be a solution , but Stahl said it would still be “ extremely burdensome ” for news organizations .
@ @ @ @ @ @ @ filed the affidavit , if video evidence from the media was vital and necessary for the case .
Magan said things were looking promising in one investigation involving the firearms theft and arson and it would be a “ coin toss ” whether the new evidence might help .
Lee pressed Magan on what other avenues SPD used to investigate the case before turning to a media subpoena .
Magan said the SPD website posted a link where members of the public could anonymously upload relevant video to the investigation .
Out of @ @ @ @ @ @ @ “ most were pornographic videos or links to other websites ” that were not useful .
Stahl asked Magan why photographs of suspects that were in the affidavit have not been distributed to the public to help with identification .
Magan said he was told by his superiors not to circulate the images and the court would have to ask his bureau chief or the chief of police .
Lee said he wanted to know why the suspects ’ pictures were not released to the public and asked Esler to find out .
@ @ @ @ @ @ @ on the motion to quash the subpoena until he had that information and continued the hearing for next week .

A Seattle judge is asking for more information before ruling on a police subpoena directed at the city’s five major media outlets seeking images of potential suspects in the torching of police cars and theft of weapons in the vehicles during a May 30 protest.
SEATTLE (CN) — A Seattle judge is asking for more information before ruling on a police subpoena directed at the city’s five major media outlets seeking images of potential suspects in the torching of police cars and theft of weapons in the vehicles during a May 30 protest.
An attorney representing the news organizations called the subpoena “unprecedented” and a clear violation of Washington’s reporter shield law.
“This doesn’t target a single reporter or two, it’s a blanket that targets every major outlet in the city,” Eric Stahl, an attorney with Davis Wright Tremaine representing the media companies, said at a King County Superior Court hearing Thursday.
The Seattle Police Department is on a “fishing expedition and has not come close to meeting its burden,” to show the video requested is critical and necessary for the investigation, Stahl said.
The SPD wants the Seattle Times and television stations KIRO, KING, KOMO and KCPQ to turn over all videos and photos taken over a 90-minute period in the downtown blocks surrounding a demonstration protesting the killing of George Floyd.
During the demonstration, suspects set fire to five police cars and stole a loaded Glock Model 43 semi-automatic pistol and a loaded Colt M4 carbine rifle, according to the SPD affidavit filed with the subpoena.
Under the Washington Shield Law, the party seeking disclosure must show the information sought is “highly material and relevant,” “critical or necessary” to a claim that has compelling public interest and must show it has “exhausted all reasonable and available means.”
Stahl said police are just speculating that the media have better images than investigators have already seen on surveillance video and social media.
Judge Nelson Lee asked Stahl if he thought the police hoped some journalist had photos of the culprits stealing guns.
“Hope is not enough to get past the shield law,” Stahl said.
Police have the burden to show “clear and convincing evidence” that materials subpoenaed are necessary, not speculation.
“Is that really speculative? Being where they were, limiting requests for raw footage for a specific time and area?” Lee asked.
“I don’t think the subpoena narrowly targets individuals who took images,” Stahl replied.
Stahl said the police are asking for “everything from every journalist” who was there in the 90 minutes.
The time and effort to go through all the footage taken by journalists would be “extremely burdensome” for the news organizations, Stahl said.
Reporters already face hostility in covering protests because they are seen as being with the cops, he said. Journalists are not acting as an arm of the state and they need to be credible to do their jobs.
Brian Esler, an attorney representing SPD, said the broad subpoena was “an unusual procedure,” and one not usually used by the department.
“We are trying to identify suspects and recover stolen guns,” he said.
Lee suggested police and the media outlets could work together to narrow the scope of the subpoena to pinpoint certain journalists.
Esler agreed it might be a solution, but Stahl said it would still be “extremely burdensome” for news organizations.
Lee asked Detective Michael Magan, who filed the affidavit, if video evidence from the media was vital and necessary for the case.
Magan said things were looking promising in one investigation involving the firearms theft and arson and it would be a “coin toss” whether the new evidence might help.
Lee pressed Magan on what other avenues SPD used to investigate the case before turning to a media subpoena.
Magan said the SPD website posted a link where members of the public could anonymously upload relevant video to the investigation. Out of 27,800 videos submitted through the site, “most were pornographic videos or links to other websites” that were not useful.
Stahl asked Magan why photographs of suspects that were in the affidavit have not been distributed to the public to help with identification.
Magan said he was told by his superiors not to circulate the images and the court would have to ask his bureau chief or the chief of police.
Lee said he wanted to know why the suspects’ pictures were not released to the public and asked Esler to find out.
Lee said he wouldn’t decide on the motion to quash the subpoena until he had that information and continued the hearing for next week.


Blind Passengers

SAN FRANCISCO — A federal court in California denied the National Federation of the Blind and various individuals ’ motion @ @ @ @ @ with Uber , which required the rideshare company to adopt various policies to reduce discrimination @ @ @ @ @ use service animals .


courthousenews--2020-07-17--Record Amount of New Coronavirus Infections Plague Los Angeles County

LOS ANGELES ( CN ) – Los Angeles County reported a record-breaking 4,500 new confirmed cases of Covid-19 on Thursday and over 7,300 new cases in the last 48 hours .
LA County continues to be the epicenter of new infections in California with thousands of new cases daily and over 2,000 people currently hospitalized according to health officials .
In total , over 147,000 residents in LA County have tested positive for Covid-19 .
“ This week we ’ ve hit concerning milestones , ” said LA County Public Health Director Barbara Ferrer .
“ We have reported the @ @ @ @ @ @ @ the most hospitalizations and tragically high death numbers .
Each case represents a person that is capable of , and in all probability is , infecting at least one other person .
If you do the math , it is easy to see why the alarm.
” Ferrer said in a statement that accompanied Thursday ’ s numbers that the 4,600 new positive cases could lead to over 18,000 infected people in a few weeks .
“ And this is just from one day of new cases .
Without aggressive action on the @ @ @ @ @ @ @ not get back to slowing the spread , ” she said .
Covid-19 outbreaks in Los Angeles continue to spread at an alarming rate and that is most evident in manufacturing plants , wholesale warehouses and other job sectors that re-opened in the last several weeks .
Public health officials say they receive 2,000 to 3,000 complaints a week to inspect worksites that are out of compliance with the county ’ s health order , where employees reportedly are not provided adequate personal protective equipment or where they work too close to one @ @ @ @ @ @ @ 4,000 LA County residents have died due to the virus .
The spread of the virus has resurged across the region in recent weeks .
In Los Angeles County , Latino residents make up more than half of all deaths and that group is twice as likely to become infected with Covid-19 , according to LA County Public Health .
The disparity is most obvious in the data where Black and Latino residents are dying at a higher rate than white residents , said LA County Health Officer Muntu Davis .
The high @ @ @ @ @ @ @ to workers returning back to their jobs .
“ Unfortunately , a lot of the disproportionality can be traced to the fact that a significant number of essential workers are low income or people of color , ” Davis said during a Thursday press briefing .
“ Oftentimes people who are low income can not stay home to work and early in the pandemic there were few protections offered at many worksites .
There were no requirements for masking or physical distancing .
Many places infection control was not a focus.
” The @ @ @ @ @ @ @ among crowded workplaces is the garment manufacturer Los Angeles Apparel , a clothing company that most recently was making cloth face masks , but was shut down by health officials last week after the death of four employees .
As of Thursday , 375 employees tested positive for the virus and the south LA factory remains closed .
Davis said , “ Anecdotally , I can tell you that we ’ re seeing outbreaks in all kinds of workplaces.
” The workplaces with the largest outbreaks have a lot in common including high @ @ @ @ @ @ @ spending long shifts together close to one another .
Davis said access to testing for communities of color has been lower than with other demographics and health officials plan to address that in the coming weeks when they integrate testing sites in existing medical centers .
“ That is really a constant adjustment to figure out what is best in terms of improving .
I will say that as we go through this none of this stuff is ever perfect when we do it , ” Davis said .
In total , over @ @ @ @ @ @ @ in LA County and a record-breaking 2,193 people are currently hospitalized .
Hospitalizations dramatically ticked up starting in mid-June and continue to rise .
In neighboring Orange County , health officials report more than 12,600 of the county ’ s total cases have been reported in the last two weeks , adding to the conditions that have placed the county on the state ’ s monitoring list .
Orange County reported 873 confirmed cases Thursday and 911 on Wednesday .
In total , 27,904 residents have tested positive for the virus .
Eleven @ @ @ @ @ @ @ virus , including six who lived in a skilled nursing facility , bringing the total dead to 466 .
Last week , Orange County reported 58 deaths .
The county has at least 36.5 % of its ICU beds available and 64 % of its ventilators on hand in case of any surge in cases , according to county public health data .
Both positive cases and deaths decreased slightly as the county ramps up testing capacity , said Orange County Health Care Agency Director Clayton Chau .
Chau said Thursday that county @ @ @ @ @ @ @ transmission at restaurants after indoor dining restrictions were loosened earlier this month and that cases stemming from that business sector decreased after the state reimposed restrictions .
Health inspectors this past weekend checked 217 businesses in the county to gauge compliance with new standards but issued no citations , Chau said .
“ What it means is that infection happens in the community and that people bring it back into the workplace , ” Chau said .
“ Clearly we have a huge effort in educating the community members in what to do.
@ @ @ @ @ @ @ county officials are using $ 10 million in CARES Act funding to help businesses comply with new public health standards .
“ We want to ensure that we ’ re providing the incentive for businesses to voluntarily comply with guidelines established by the state but that , as we ramp up review and enforcement , there a balance of encouraging businesses to abide by all the criteria as well as ensure that where we identify violations we work with state as required , ” Kim said .
Health officials also opened a mass @ @ @ @ @ @ @ this week , adding up to 1,200 tests per day , though Chau said officials are prioritizing testing slots for people experiencing symptoms from the coronavirus or frontline workers .

Los Angeles County reported a record-breaking 4,500 new confirmed cases of Covid-19 on Thursday and over 7,300 new cases in the last 48 hours.
LOS ANGELES (CN) — Los Angeles County reported a record-breaking 4,500 new confirmed cases of Covid-19 on Thursday and over 7,300 new cases in the last 48 hours.
LA County continues to be the epicenter of new infections in California with thousands of new cases daily and over 2,000 people currently hospitalized according to health officials. In total, over 147,000 residents in LA County have tested positive for Covid-19.
“This week we’ve hit concerning milestones,” said LA County Public Health Director Barbara Ferrer. “We have reported the most cases in a single day, the most hospitalizations and tragically high death numbers. Each case represents a person that is capable of, and in all probability is, infecting at least one other person. If you do the math, it is easy to see why the alarm.”
Ferrer said in a statement that accompanied Thursday’s numbers that the 4,600 new positive cases could lead to over 18,000 infected people in a few weeks.
“And this is just from one day of new cases. Without aggressive action on the part of every person, we will not get back to slowing the spread,” she said.
Covid-19 outbreaks in Los Angeles continue to spread at an alarming rate and that is most evident in manufacturing plants, wholesale warehouses and other job sectors that re-opened in the last several weeks.
Public health officials say they receive 2,000 to 3,000 complaints a week to inspect worksites that are out of compliance with the county’s health order, where employees reportedly are not provided adequate personal protective equipment or where they work too close to one another.
As of Thursday, nearly 4,000 LA County residents have died from the virus.
The spread of the virus has resurged across the region in recent weeks. In Los Angeles County, Latino residents make up more than half of all deaths and that group is twice as likely to become infected with Covid-19, according to LA County Public Health.
The disparity is most obvious in the data where Black and Latino residents are dying at a higher rate than white residents, said LA County Health Officer Muntu Davis. The high number of deaths and infections is linked to workers returning back to their jobs.
“Unfortunately, a lot of the disproportionality can be traced to the fact that a significant number of essential workers are low income or people of color,” Davis said during a Thursday press briefing. “Oftentimes people who are low income cannot stay home to work and early in the pandemic there were few protections offered at many worksites. There were no requirements for masking or physical distancing. Many places infection control was not a focus.”
The clearest example of the explosion of cases among crowded workplaces is the garment manufacturer Los Angeles Apparel, a clothing company that most recently was making cloth face masks, but was shut down by health officials last week after the death of four employees.
As of Thursday, 375 employees tested positive for the virus and the south LA factory remains closed.
Davis said, “Anecdotally, I can tell you that we’re seeing outbreaks in all kinds of workplaces.”
The workplaces with the largest outbreaks have a lot in common including high numbers of low wage workers who are spending long shifts together close to one another. Davis said access to testing for communities of color has been lower than with other demographics and health officials plan to address that in the coming weeks when they integrate testing sites in existing medical centers.
“That is really a constant adjustment to figure out what is best in terms of improving. I will say that as we go through this none of this stuff is ever perfect when we do it,” Davis said.
In total, over 143,000 residents tested positive for the virus in LA County and a record-breaking 2,193 people are currently hospitalized. Hospitalizations dramatically ticked up starting in mid-June and continue to rise.
In neighboring Orange County, health officials report more than 12,600 of the county’s total cases have been reported in the last two weeks, adding to the conditions that have placed the county on the state’s monitoring list.
Orange County reported 873 confirmed cases Thursday and 911 on Wednesday. In total, 27,904 residents have tested positive for the virus. Eleven more people are dead due to the virus, including six who lived in a skilled nursing facility, bringing the total dead to 466. Last week, Orange County reported 58 deaths.
The county has at least 36.5% of its ICU beds available and 64% of its ventilators on hand in case of any surge in cases, according to county public health data.
Both positive cases and deaths decreased slightly as the county ramps up testing capacity, said Orange County Health Care Agency Director Clayton Chau.
Chau said Thursday that county health officials saw an uptick in Covid-19 transmission at restaurants after indoor dining restrictions were loosened earlier this month and that cases stemming from that business sector decreased after the state reimposed restrictions.
Health inspectors this past weekend checked 217 businesses in the county to gauge compliance with new standards but issued no citations, Chau said.
“What it means is that infection happens in the community and that people bring it back into the workplace,” Chau said. “Clearly we have a huge effort in educating the community members in what to do.”
Orange County CEO Frank Kim said county officials are using $10 million in CARES Act funding to help businesses comply with new public health standards.
“We want to ensure that we’re providing the incentive for businesses to voluntarily comply with guidelines established by the state but that, as we ramp up review and enforcement, there a balance of encouraging businesses to abide by all the criteria as well as ensure that where we identify violations we work with state as required,” Kim said.
Health officials also opened a mass testing site at the Anaheim Convention Center this week, adding up to 1,200 tests per day, though Chau said officials are prioritizing testing slots for people experiencing symptoms from the coronavirus or frontline workers.


Ballot Order

ST. PAUL , Minn. — The Republican Party and other intervenor-defendants lost their attempt to stay a ruling in a @ @ @ @ @ the state from enforcing a ballot order statute that requires major political party candidates to @ @ @ @ @ on the number of votes their party received in the last general election .
The @ @ @ @ @ to instead conduct a lottery to randomly assign the state ’ s four major parties @ @ @ @ @


Lame Duck Laws

CHICAGO — The Democratic Party of Wisconsin lacked standing to bring its challenge against lame duck laws passed by the @ @ @ @ @ in 2018 that limited the powers of Democratic Governor Tony Evers and Attorney General Josh @ @ @ @ @ ruled .


Disbarred

PHOENIX — Juan M. Martinez , the prosecutor of convicted murderer Jodi Arias , agreed to be disbarred from the @ @ @ @ @ ending an ethics case against him .


Police Shooting

SACRAMENTO , Calif. — The city of Stockton , California , its police department and an officer must face excessive @ @ @ @ @ brought by the family of a Black man who was shot while fleeing from police @ @ @ @ @ else , a federal court in the state ruled .


Netflix Offers

LOS ANGELES — A federal court in California denied Netflix ’ s motion to dismiss Oscar-winning actress and stand-up comic @ @ @ @ @ gender discrimination suit against it .
Hicks claims Netflix paid lowballed her with a $ @ @ @ @ @ special and retaliated against her when she challenged it as discriminatory .


Graceland

MEMPHIS , Tenn. — A federal court in Tennessee affirmed discovery orders in a dispute between the city of Memphis @ @ @ @ @ a development application relating to the expansion of Graceland , finding the city properly withheld @ @ @ @ @ .


NFL Substance Policy

NEW YORK — Philadelphia Eagles offensive tackle David Lane Johnson failed to show that he did not receive certain documents @ @ @ @ @ Association ’ s performance-enhancing substance policy during the arbitration of his 2014 and 2016 suspensions @ @ @ @ @ .
The belated production of documents had no effect on the outcome of the arbitration @


courthousenews--2020-07-17--Federal Judge Rules Texas GOP Can Hold In-Person Convention

HOUSTON ( CN ) – A federal judge Friday ordered Houston to let the Texas Republican Party go ahead with its in-person convention in a city-owned building after Mayor Sylvester Turner canceled it out of Covid-19 concerns .
U.S. District Judge Lynn Hughes , a Ronald Reagan appointee , ordered the city to let the party hold its convention in the George R. Brown Convention Center downtown on July 18 and 19 , and July 25 and 26 if necessary .
The party ’ s attorney , Jared Woodfill , said in court filings the first day of the party @ @ @ @ @ @ @ “ a disaster because a virtual platform can not support the work the Republican Party of Texas does at its convention.
” The technical problems led the Republicans on Friday to take a break from their convention until Saturday and put off a vote for party chair until Sunday , the Texas Tribune reported .
But Turner vowed to appeal as soon as Hughes issued a written order , as the judge made his ruling from the bench late Friday .
“ We are in the midst of a pandemic , a public @ @ @ @ @ @ @ admitted to our hospitals and ICUs , and more people are dying .
The @ TexasGOP is being totally irresponsible in continuing to push for an indoor , in-person convention , ” Turner tweeted Friday .
Hughes authorized the in-person convention after he allowed the Texas Republican Party on Friday to join a federal lawsuit brought by Houston Republican activist Steven Hotze , the lead plaintiff , on June 16 .
More than 1,000 Texas residents and business owners joined Hotze as plaintiffs , claiming business closures Governor Greg Abbott ordered in April @ @ @ @ @ @ @ unconstitutional .
Hotze and the Texas Republican Party asked Hughes to step in after their efforts to force Houston to let the convention proceed failed Monday in state court .
Houston First , a government corporation established by the Houston City Council , manages the convention center .
Citing the city ’ s spike in Covid-19 cases , it told the Texas Republican Party on June 8 it had canceled the contract authorizing the event .
The Republicans claim in court filings Mayor Turner had Houston First use a loophole in the contract @ @ @ @ @ @ @ Democratic mayor violated their First Amendment rights to express their political beliefs .
They say the convention cancellation smacked of political gamesmanship because Turner approved a June 2 protest over George Floyd ’ s killing by police for which 60,000 people gathered in downtown Houston .
“ The fact that Mayor Turner encouraged large protests while canceling the [ Texas Republican convention ] suggests that Mayor Turner ’ s regulation of speech was motivated by the viewpoint and content of the speech .
Accordingly , Defendants ’ actions are presumptively unconstitutional , ” @ @ @ @ @ @ @ for a temporary restraining order .
Before Houston canceled the convention , the Republicans had planned to provide masks for all the convention ’ s attendees , take their temperatures and deep clean after every meeting .
The number of Covid-19 cases in Texas went over 300,000 this week and Texans killed by the coronavirus grew to 3,735 , with a record high 154 deaths on Thursday , the third straight day of triple digits , the Houston Chronicle reported .
Houston is a hot spot and its hospitals are converting space into @ @ @ @ @ @ @ of patients .
It is the seat of Harris County , which leads the state with nearly 52,000 cases .
An 86-person medical Army unit arrived in the city this week to help hospitals treat Covid-19 patients .
The spike in Texas cases led Abbott on July 2 to order all residents over age 10 to wear masks indoors and outside if there is no space for social distancing and close down bars June 26 after he allowed them to reopen May 22 .

A federal judge Friday ordered Houston to let the Texas Republican Party go ahead with its in-person convention in a city-owned building after Mayor Sylvester Turner canceled it out of Covid-19 concerns.
HOUSTON (CN) — A federal judge Friday ordered Houston to let the Texas Republican Party go ahead with its in-person convention in a city-owned building after Mayor Sylvester Turner canceled it out of Covid-19 concerns.
U.S. District Judge Lynn Hughes, a Ronald Reagan appointee, ordered the city to let the party hold its convention in the George R. Brown Convention Center downtown on July 18 and 19, and July 25 and 26 if necessary.
The party’s attorney, Jared Woodfill, said in court filings the first day of the party’s online convention on Thursday was “a disaster because a virtual platform cannot support the work the Republican Party of Texas does at its convention.”
The technical problems led the Republicans on Friday to take a break from their convention until Saturday and put off a vote for party chair until Sunday, the Texas Tribune reported.
But Turner vowed to appeal as soon as Hughes issued a written order, as the judge made his ruling from the bench late Friday.
“We are in the midst of a pandemic, a public health crisis. More people are being admitted to our hospitals and ICUs, and more people are dying. The @TexasGOP is being totally irresponsible in continuing to push for an indoor, in-person convention,” Turner tweeted Friday.
Hughes authorized the in-person convention after he allowed the Texas Republican Party on Friday to join a federal lawsuit brought by Houston Republican activist Steven Hotze, the lead plaintiff, on June 16.
More than 1,000 Texas residents and business owners joined Hotze as plaintiffs, claiming business closures Governor Greg Abbott ordered in April to curb the spread of Covid-19 were unconstitutional.
Hotze and the Texas Republican Party asked Hughes to step in after their efforts to force Houston to let the convention proceed failed Monday in state court.
Houston First, a government corporation established by the Houston City Council, manages the convention center. Citing the city’s spike in Covid-19 cases, it told the Texas Republican Party on June 8 it had canceled the contract authorizing the event.
The Republicans claim in court filings Mayor Turner had Houston First use a loophole in the contract to cancel it, and claimed the Democratic mayor violated their First Amendment rights to express their political beliefs.
They say the convention cancellation smacked of political gamesmanship because Turner approved a June 2 protest over George Floyd’s killing by police for which 60,000 people gathered in downtown Houston.
“The fact that Mayor Turner encouraged large protests while canceling the [Texas Republican convention] suggests that Mayor Turner’s regulation of speech was motivated by the viewpoint and content of the speech. Accordingly, Defendants’ actions are presumptively unconstitutional,” Woodfill wrote in a June 13 motion for a temporary restraining order.
Before Houston canceled the convention, the Republicans had planned to provide masks for all the convention’s attendees, take their temperatures and deep clean after every meeting.
The number of Covid-19 cases in Texas went over 300,000 this week and Texans killed by the coronavirus grew to 3,735, with a record high 154 deaths on Thursday, the third straight day of triple digits, the Houston Chronicle reported.
Houston is a hot spot and its hospitals are converting space into ICU units to deal with the influx of patients. It is the seat of Harris County, which leads the state with nearly 52,000 cases.
An 86-person medical Army unit arrived in the city this week to help hospitals treat Covid-19 patients.
The spike in Texas cases led Abbott on July 2 to order all residents over age 10 to wear masks indoors and outside if there is no space for social distancing and close down bars June 26 after he allowed them to reopen May 22.


Police Records

SAN DIEGO , Calif. — The family of Rebecca Zahau , a woman found dead hanging naked , bound and @ @ @ @ @ 2011 , filed a lawsuit in San Diego Superior Court to demand that the San @ @ @ @ @ hand over public records of the investigation into her death .
Police ruled Zahau ’ @ @ @ @ @