courthousenews--2020-09-10--Twitter to Crack Down on Election Misinformation

SAN FRANCISCO ( CN ) — As part of an ongoing effort to combat misinformation online , Twitter announced Thursday it will label or remove false and misleading tweets about elections starting next week .
“ We will not permit our service to be abused around civic processes , most importantly elections , ” a company blog post said Thursday .
“ Any attempt to do so — both foreign and domestic — will be met with strict enforcement of our rules , which are applied equally and judiciously for everyone.
” The company said it will no longer permit @ @ @ @ @ @ @ information that could undermine public confidence in an election or any other civic process .
The new policy , which takes effect Sept. 17 , applies to misinformation that “ causes confusion about the laws and regulations of a civic process ” or officials and institutions that oversee those processes .
Twitter will also target disputed claims that could undermine faith in elections , such as unverified assertions about election rigging , ballot tampering , vote tallying or certification of election results .
Misleading claims about the results of an election , such @ @ @ @ @ @ @ certified or inciting unlawful conduct to prevent a peaceful transfer of power , will also be restricted .
The announcement comes as Twitter and other social media companies face increasing pressure to stop the spread of misinformation on their platforms .
Facebook and Twitter said earlier this month that the FBI warned them about a Russian group ’ s attempts to use their platforms to spread misinformation ahead of the November 2020 election .
A 2018 indictment detailed years of efforts by the Kremlin-backed Internet Research Agency to create fake personas and social @ @ @ @ @ @ @ campaign to stoke divisions among Americans and influence the 2016 presidential election .
Facebook announced last week it will ban new political ads in the week prior to the election and block posts that spread false information about COVID-19 and voting .
The company said it will also add links to official results for Facebook posts by candidates and campaigns that declare victory prematurely .
“ This election is not going to be business as usual .
We all have a responsibility to protect our democracy , ” Facebook CEO Mark Zuckerberg said @ @ @ @ @ @ @ aggressive steps .
It banned political ads altogether and started adding fact-checking labels to President Donald Trump ’ s tweets in May , spurring accusations of censorship and an executive order that threatened to weaken social media companies ’ protections against liability for content posted on their platforms .
On May 26 , Trump claimed in a tweet that mail-in ballots would lead to widespread voter fraud .
Twitter responded by adding a label to that tweet stating , “ Get the facts about mail-in ballots ” with links to articles debunking the @ @ @ @ @ @ @ previously came under fire for refusing to restrict or fact check misleading posts .
In defending his company ’ s decision not to take action against Trump ’ s misleading comments about mail-in voting last May , Zuckerberg said Facebook “ shouldn ’ t be the arbiter of truth of everything that people say online.
” Twitter said it will maintain its policy of labeling rather than removing tweets by world leaders that violate its rules , except in extreme situations , such as when tweets promote violence or terrorism .
Labeled tweets @ @ @ @ @ @ @ the company .
Twitter said it will err on the side of not removing tweets posted by world leaders “ if there is a clear public interest in doing so .
”

As part of an ongoing effort to combat misinformation online, Twitter announced Thursday it will label or remove false and misleading tweets about elections starting next week.
SAN FRANCISCO (CN) — As part of an ongoing effort to combat misinformation online, Twitter announced Thursday it will label or remove false and misleading tweets about elections starting next week.
“We will not permit our service to be abused around civic processes, most importantly elections,” a company blog post said Thursday. “Any attempt to do so — both foreign and domestic — will be met with strict enforcement of our rules, which are applied equally and judiciously for everyone.”
The company said it will no longer permit users to easily spread falsehoods and misleading information that could undermine public confidence in an election or any other civic process.
The new policy, which takes effect Sept. 17, applies to misinformation that “causes confusion about the laws and regulations of a civic process” or officials and institutions that oversee those processes.
Twitter will also target disputed claims that could undermine faith in elections, such as unverified assertions about election rigging, ballot tampering, vote tallying or certification of election results.
Misleading claims about the results of an election, such as claiming victory before election results are certified or inciting unlawful conduct to prevent a peaceful transfer of power, will also be restricted.
The announcement comes as Twitter and other social media companies face increasing pressure to stop the spread of misinformation on their platforms. Facebook and Twitter said earlier this month that the FBI warned them about a Russian group’s attempts to use their platforms to spread misinformation ahead of the November 2020 election.
A 2018 indictment detailed years of efforts by the Kremlin-backed Internet Research Agency to create fake personas and social media accounts as part of a disinformation campaign to stoke divisions among Americans and influence the 2016 presidential election.
Facebook announced last week it will ban new political ads in the week prior to the election and block posts that spread false information about COVID-19 and voting. The company said it will also add links to official results for Facebook posts by candidates and campaigns that declare victory prematurely.
“This election is not going to be business as usual. We all have a responsibility to protect our democracy,” Facebook CEO Mark Zuckerberg said last week.
Twitter has taken more aggressive steps. It banned political ads altogether and started adding fact-checking labels to President Donald Trump's tweets in May, spurring accusations of censorship and an executive order that threatened to weaken social media companies’ protections against liability for content posted on their platforms.
On May 26, Trump claimed in a tweet that mail-in ballots would lead to widespread voter fraud. Twitter responded by adding a label to that tweet stating, “Get the facts about mail-in ballots” with links to articles debunking the president’s unsubstantiated assertions.
Zuckerberg previously came under fire for refusing to restrict or fact check misleading posts. In defending his company’s decision not to take action against Trump’s misleading comments about mail-in voting last May, Zuckerberg said Facebook “shouldn’t be the arbiter of truth of everything that people say online.”
Twitter said it will maintain its policy of labeling rather than removing tweets by world leaders that violate its rules, except in extreme situations, such as when tweets promote violence or terrorism. Labeled tweets will have reduced visibility, according to the company.
Twitter said it will err on the side of not removing tweets posted by world leaders “if there is a clear public interest in doing so.”


courthousenews--2020-09-10--Russian Man Charged With Fraud in Plot to Influence Election

( CN ) — A member of a Russian-based political operation was charged with wire fraud and conspiracy Thursday , accused of stealing American citizens ’ identities to open fraudulent accounts as part of a scheme to influence the presidential election .
Artem Mikhaylovich Lifshits , 27 , is one of many Russians allegedly operating through Project Lakhta — a group that has been operating since 2014 to “ spread distrust towards candidates for political office and the political system in general ” in the United States , according to Lifshits ’ criminal complaint filed in Alexandra , Virginia , @ @ @ @ @ @ @ largely been carried out through various social media platforms , focusing on racial divisions and inequality in the U.S. That conduct was shielded through the operation of multiple businesses that all together employed hundreds of people , the complaint states .
Project Lakhta ’ s estimated annual budget is in the millions of dollars .
“ The evidence…establishes that Lifshits was a manager in a unit responsible for much of Project Lakhta ’ s influence operations and that these operations are ongoing , ” the complaint states .
“ The evidence also establishes @ @ @ @ @ @ @ the name of United States identity theft victims for personal gain.
” The alleged plot involved using stolen identities to open American bank accounts , which Lifshits then used to send himself Bitcoin — a type of digital currency generated through computer-solved math problems .
Those accounts were then used to “ promote Project Lakhta ’ s influence operations and for personal enrichment , ” according to a Justice Department news release .
“ Project Lakhta conspirators used the stolen identities of U.S. persons to further their goals of undermining faith in our @ @ @ @ @ @ @ ” Eastern Virginia U.S. Attorney G. Zachary Terwilliger said in a statement .
“ This case demonstrates that federal law enforcement will work aggressively to investigate and hold accountable cyber criminals located in Russia and other countries , which serve as safe-havens for this type of criminal activity.
” Prosecutors say Project Lakhta members are also associated with the Internet Research Agency , accused by special counsel Robert Mueller of interfering in the 2016 presidential election .
Lifshits is billed as the operation ’ s “ task manager , ” with a monthly @ @ @ @ @ @ @ little over $ 931 .
He worked in Project Lakhta ’ s Translator Department and would have been directly involved with crafting social media messages and other communication meant to influence the American political process , the complaint states .
Lifshifts was also sanctioned by the Treasury Department on Thursday , along with three other Russian-linked individuals for trying to influence the 2020 election .
The others that were sanctioned are Anton Andreyev Darya Aslanova and Andrii Derkach , a member of the Ukrainian parliament .
The Treasury Department claims that since at @ @ @ @ @ @ @ engaged in a covert campaign focused on cultivating unsubstantiated narratives about U.S. officials .
He also allegedly tried to jump-start corruption investigations in the U.S. and in Ukraine .
“ Today ’ s designation of Derkach is focused on exposing Russian malign influence campaigns and protecting our upcoming elections from foreign interference , ” the department said .
Tech giant Microsoft also said Thursday that the same Russian military officers that hacked the Democratic National Committee ’ s computers four years ago have made more than 200 similar attempted intrusions this year .
@ @ @ @ @ @ @ detected and stopped by security tools built into our products .
We have directly notified those who were targeted or compromised so they can take action to protect themselves , ” Vice President Tom Burt wrote .
“ What we ’ ve seen is consistent with previous attack patterns that not only target candidates and campaign staffers but also those they consult on key issues .
”

A member of a Russian-based political operation was charged with wire fraud and conspiracy Thursday, accused of stealing American citizens’ identities to open fraudulent accounts as part of a scheme to influence the presidential election.
(CN) — A member of a Russian-based political operation was charged with wire fraud and conspiracy Thursday, accused of stealing American citizens’ identities to open fraudulent accounts as part of a scheme to influence the presidential election.
Artem Mikhaylovich Lifshits, 27, is one of many Russians allegedly operating through Project Lakhta — a group that has been operating since 2014 to “spread distrust towards candidates for political office and the political system in general” in the United States, according to Lifshits’ criminal complaint filed in Alexandra, Virginia, federal court.
Those disinformation efforts have largely been carried out through various social media platforms, focusing on racial divisions and inequality in the U.S.
That conduct was shielded through the operation of multiple businesses that all together employed hundreds of people, the complaint states. Project Lakhta’s estimated annual budget is in the millions of dollars.
“The evidence…establishes that Lifshits was a manager in a unit responsible for much of Project Lakhta’s influence operations and that these operations are ongoing,” the complaint states. “The evidence also establishes that Lifshits operated cryptocurrency accounts opened in the name of United States identity theft victims for personal gain.”
The alleged plot involved using stolen identities to open American bank accounts, which Lifshits then used to send himself Bitcoin — a type of digital currency generated through computer-solved math problems. Those accounts were then used to “promote Project Lakhta’s influence operations and for personal enrichment,” according to a Justice Department news release.
“Project Lakhta conspirators used the stolen identities of U.S. persons to further their goals of undermining faith in our democratic institutions and for personal gain,” Eastern Virginia U.S. Attorney G. Zachary Terwilliger said in a statement. “This case demonstrates that federal law enforcement will work aggressively to investigate and hold accountable cyber criminals located in Russia and other countries, which serve as safe-havens for this type of criminal activity.”
Prosecutors say Project Lakhta members are also associated with the Internet Research Agency, accused by special counsel Robert Mueller of interfering in the 2016 presidential election.
Lifshits is billed as the operation’s “task manager,” with a monthly salary of 70,000 rubles, or a little over $931. He worked in Project Lakhta’s Translator Department and would have been directly involved with crafting social media messages and other communication meant to influence the American political process, the complaint states.
Lifshifts was also sanctioned by the Treasury Department on Thursday, along with three other Russian-linked individuals for trying to influence the 2020 election. The others that were sanctioned are Anton Andreyev Darya Aslanova and Andrii Derkach, a member of the Ukrainian parliament.
The Treasury Department claims that since at least late last year, Derkach was engaged in a covert campaign focused on cultivating unsubstantiated narratives about U.S. officials. He also allegedly tried to jump-start corruption investigations in the U.S. and in Ukraine.
“Today’s designation of Derkach is focused on exposing Russian malign influence campaigns and protecting our upcoming elections from foreign interference,” the department said.
Tech giant Microsoft also said Thursday that the same Russian military officers that hacked the Democratic National Committee’s computers four years ago have made more than 200 similar attempted intrusions this year.
“The majority of these attacks were detected and stopped by security tools built into our products. We have directly notified those who were targeted or compromised so they can take action to protect themselves,” Vice President Tom Burt wrote. “What we’ve seen is consistent with previous attack patterns that not only target candidates and campaign staffers but also those they consult on key issues.”


courthousenews--2020-09-11--Arizona Teen Goes From High School Graduate to School Board Member

MARANA , Ariz. ( CN ) — Hunter Holt spent his summer doing many of the things inbound college freshmen usually do — picking classes , making plans to move into a dorm and getting ready to leave the community where he grew up .
But over the summer Holt , 18 , decided to take a detour .
A clash last fall with school administrators over a volleyball court convinced Holt that students ’ voices weren ’ t being heard by the Marana Unified School District governing board .
So he decided to run for a seat — and @ @ @ @ @ @ @ something I believe in , ” said Holt , who graduated from Mountain View High School barely 90 days ago and will start on the board in January .
“ I don ’ t think what we ’ re doing is good enough for our students .
I think it can always be better.
” Holt ’ s opening came when board member Suzanne Hopkins decided not to run for re-election .
With three seats on the ballot , five people filed paperwork over the summer signaling intent to run .
Holt was @ @ @ @ @ @ @ 30-year board veteran who works for his family ’ s local farm corporation , and Maribel Lopez , a K-8 school principal who has been on the Marana board eight years , along with two challengers .
But by the Aug. 2 deadline , only Holt and the incumbents had filed the required 307 voter signatures to get on the ballot .
The election is now moot , and the county Elections Department canceled the vote .
“ He really just kind of fell into it , because there was nobody else running @ @ @ @ @ @ @ has been on the board since 2010 .
Holt rejects the idea that he got the seat by accident .
Yes , he backed into the seat , but he would have run regardless of the number of candidates , he said .
Holt , who lives with his mother and whose grandfather was dean of the University of Arizona Pharmacy College , thinks the board — the president of which has been in office for 35 years — has become detached from the classroom .
“ They can make you feel like @ @ @ @ @ @ @ don ’ t really understand where you ’ re coming from or what you ’ re saying , because they ’ re not in that situation , ” he said .
Holt cites as an example a recent switch from A-through-F grading to a 1-4 scale , much like grade point averages .
District guidelines for the new grades didn ’ t trickle down effectively to all teachers , so some were following the guidelines and some weren ’ t , Holt said .
Carlson met with Holt recently to guide him through @ @ @ @ @ @ @ agenda and associated packet , because he didn ’ t get the same orientation a decade ago .
“ I came on in January , and really had no idea what I was doing or anything like that , and that was a pretty horrible feeling , ” Carlson said .
He spent two years in junior high at a local BASIS charter school — among the top performing charter systems in the nation .
He doesn ’ t want to overload Marana students with three hours of homework , pushing them several @ @ @ @ @ @ @ the way he was at BASIS .
“ That ’ s not how a kid ’ s brain processes , ” he said .
“ That ’ s how you make kids go into depression .
That ’ s how you make kids have suicidal thoughts.
” Holt wants to give students two “ mental health days ” per year , where they can just step away and breathe .
For now , Holt is studying to be an Emergency Medical Technician and taking online classes at Grand Canyon University .
After January @ @ @ @ @ @ @ campus in Phoenix , 100 miles to the north .
Kathryn Mikronis , 50 , is a full-time mom with two teens in Marana High School .
Her daughter , Jo , is a senior and son , Jimmy , a sophomore .
She watches all board meetings online and ran unsuccessfully for the board in 2012 — the last time the community elected a new member .
Because Holt is a student at Grand Canyon University and has no kids in the district , Mikronis is afraid he won ’ t be @ @ @ @ @ @ @ true stakeholder .
She is hopeful his perspective will be a breath of fresh air to a board she described as a “ good old boys ” atmosphere .
Mikronis wants other board members to take Holt seriously , despite his age and lack of life experience .
“ If the Marana school district did the job it was entrusted by the community to do , then Hunter can be a shining example ” for other teens , she said .
As Covid-19 continues to kill almost 1,000 Americans daily and one University @ @ @ @ @ @ @ 400,000 deaths by the end of the year , Holt will enter the board in trying times .
The current board has been holding special meetings weekly to plot a course for the school year .
Carlson advocates bringing kids back as quickly as possible , but Mikronis isn ’ t so sure .
Assuming a fatality rate of 0.2 % , a number supported by the American Academy of Pediatrics , risks the lives of 20 children .
“ I don ’ t want my kid to be one of those 20 @ @ @ @ @ @ @ don ’ t want anyone ’ s kid to be one of those 20.
” Though incoming board members won ’ t be seated until January , Carlson plans to meet with Holt to discuss the pandemic and the district ’ s re-entry plan , he said .
“ Our last several board meetings have been pretty lively , over the whole China virus , over the whole Covid-19 , ” he said .
The district is planning a full reopening Oct. 19 and might bring back some special needs kids , who @ @ @ @ @ @ @ , Carlson said .
Holt is keeping close tabs on what the board decides .
“ There ’ s very mixed emotions with Covid right now , ” Holt said .
“ I do not think at all that we can bring students back without teachers saying they ’ re OK with bringing them back.
” Holt will be sworn in in December and will take a seat on the board at the first meeting in mid-January .

Hunter Holt spent his summer doing many of the things inbound college freshmen usually do — picking classes, making plans to move into a dorm and getting ready to leave the community where he grew up. But over the summer Holt decided to take a detour.
MARANA, Ariz. (CN) — Hunter Holt spent his summer doing many of the things inbound college freshmen usually do — picking classes, making plans to move into a dorm and getting ready to leave the community where he grew up.
But over the summer Holt, 18, decided to take a detour.
A clash last fall with school administrators over a volleyball court convinced Holt that students’ voices weren’t being heard by the Marana Unified School District governing board. So he decided to run for a seat — and he won.
“It’s something I believe in,” said Holt, who graduated from Mountain View High School barely 90 days ago and will start on the board in January. “I don’t think what we’re doing is good enough for our students. I think it can always be better.”
Holt’s opening came when board member Suzanne Hopkins decided not to run for re-election. With three seats on the ballot, five people filed paperwork over the summer signaling intent to run.
Holt was to face incumbents Dan Post, a 30-year board veteran who works for his family’s local farm corporation, and Maribel Lopez, a K-8 school principal who has been on the Marana board eight years, along with two challengers.
But by the Aug. 2 deadline, only Holt and the incumbents had filed the required 307 voter signatures to get on the ballot. The election is now moot, and the county Elections Department canceled the vote.
“He really just kind of fell into it, because there was nobody else running,” said Tom Carlson, who has been on the board since 2010.
Holt rejects the idea that he got the seat by accident. Yes, he backed into the seat, but he would have run regardless of the number of candidates, he said.
Holt, who lives with his mother and whose grandfather was dean of the University of Arizona Pharmacy College, thinks the board — the president of which has been in office for 35 years — has become detached from the classroom.
“They can make you feel like you’re heard, but they don’t really understand where you’re coming from or what you’re saying, because they’re not in that situation,” he said.
Holt cites as an example a recent switch from A-through-F grading to a 1-4 scale, much like grade point averages. District guidelines for the new grades didn’t trickle down effectively to all teachers, so some were following the guidelines and some weren’t, Holt said.
Carlson met with Holt recently to guide him through some procedures and explain the monthly board agenda and associated packet, because he didn’t get the same orientation a decade ago.
“I came on in January, and really had no idea what I was doing or anything like that, and that was a pretty horrible feeling,” Carlson said.
He spent two years in junior high at a local BASIS charter school — among the top performing charter systems in the nation. He doesn’t want to overload Marana students with three hours of homework, pushing them several years ahead of their grade peers, the way he was at BASIS.
“That’s not how a kid’s brain processes,” he said. “That’s how you make kids go into depression. That’s how you make kids have suicidal thoughts.”
Holt wants to give students two “mental health days” per year, where they can just step away and breathe.
For now, Holt is studying to be an Emergency Medical Technician and taking online classes at Grand Canyon University. After January, he will commute to classes on campus in Phoenix, 100 miles to the north.
Kathryn Mikronis, 50, is a full-time mom with two teens in Marana High School. Her daughter, Jo, is a senior and son, Jimmy, a sophomore. She watches all board meetings online and ran unsuccessfully for the board in 2012 — the last time the community elected a new member.
Because Holt is a student at Grand Canyon University and has no kids in the district, Mikronis is afraid he won’t be accepted by other board members as a true stakeholder. She is hopeful his perspective will be a breath of fresh air to a board she described as a “good old boys” atmosphere.
Mikronis wants other board members to take Holt seriously, despite his age and lack of life experience.
“If the Marana school district did the job it was entrusted by the community to do, then Hunter can be a shining example” for other teens, she said.
As Covid-19 continues to kill almost 1,000 Americans daily and one University of Washington analysis recently projected up to 400,000 deaths by the end of the year, Holt will enter the board in trying times. The current board has been holding special meetings weekly to plot a course for the school year.
Carlson advocates bringing kids back as quickly as possible, but Mikronis isn’t so sure. Assuming a fatality rate of 0.2%, a number supported by the American Academy of Pediatrics, risks the lives of 20 children.
“I don’t want my kid to be one of those 20,” Mikronis said. “I don’t want anyone’s kid to be one of those 20.”
Though incoming board members won’t be seated until January, Carlson plans to meet with Holt to discuss the pandemic and the district’s re-entry plan, he said.
“Our last several board meetings have been pretty lively, over the whole China virus, over the whole Covid-19,” he said.
The district is planning a full reopening Oct. 19 and might bring back some special needs kids, who suffer more without daily contact, sooner, Carlson said.
Holt is keeping close tabs on what the board decides.
“There’s very mixed emotions with Covid right now,” Holt said. “I do not think at all that we can bring students back without teachers saying they’re OK with bringing them back.”
Holt will be sworn in in December and will take a seat on the board at the first meeting in mid-January.


courthousenews--2020-09-11--Federal Judge Hears Arguments Over Lifting Food Stamps Cap in California

OAKLAND , Calif. ( CN ) — Whether California households already maxed out on government food aid can receive extra pandemic-related assistance may turn on how much deference a federal judge decides to give the Agriculture Department ’ s interpretation of the emergency coronavirus relief package Congress passed in March .
U.S. District Judge Haywood Gilliam declined to lift the ceiling on emergency food stamp allotments in June in response to a class action challenging the U.S. Department of Agriculture ’ s cap on monthly benefits .
The lawsuit sought to enjoin the department from denying any requests from the @ @ @ @ @ @ @ , claiming the Families First Coronavirus Response Act , enacted by Congress on March 18 , set aside extra money for SNAP benefits for households experiencing temporary income loss .
The state has yet to officially enter the fray but signaled in court documents its intent to seek benefits on behalf of households already receiving the maximum monthly benefit .
California had requested a flat emergency allotment of $ 60 per SNAP participant , a request that the USDA denied only because the state wanted to dole it out “ equitably ” to @ @ @ @ @ @ @ to the USDA ’ s guidance .
The USDA , which administers the SNAP program , believes Congress intended the new law to “ top off ” households experiencing “ temporary food needs , ” not provide an across-the-board SNAP increase for households already receiving maximum benefits .
Counsel for two food stamp recipients maintains that the USDA wrongly interprets Section 2302 of the FFCRA as empowering it to limit emergency allotments to those that bring a household up to its maximum benefit .
On Thursday , attorneys for the government were back @ @ @ @ @ @ @ .
Lindsay Nako , special counsel with the non-profit Impact Fund , told Gilliam that the FFCRA actually created a separate SNAP benefit and that the USDA ’ s contrary interpretation “ has denied emergency food support to a million of California SNAP households , nearly half , and indeed the most vulnerable half.
” But Gilliam wondered where he should draw the line .
Raising an admittedly “ colossal ” hypothetical figure , he asked Nako if the plaintiffs were asking that the USDA be required to grant any future request California @ @ @ @ @ @ @ what the amount .
“ What I ’ m really asking is what am I ordering the USDA to do in your requested world ?
” he added .
“ In our requested world you are ordering the USDA to follow the statute , ” Nako said , which would be to issue an order barring the USDA from “ denying an otherwise appropriate request solely because it provides emergency allotments to maximum allotment households.
” Nako informed Gilliam of a parallel action in the Eastern District of Pennsylvania , led by a @ @ @ @ @ @ @ surname .
Laughing , he said , “ Now I have to recuse myself.
” Arguing for the government , Justice Department attorney Rachel Westmoreland said the SNAP program is already strained , pointing to a declaration by USDA official David Burr that warns of a rapidly depleting reserve of SNAP funds .
“ Based on the funds currently available , USDA lacks sufficient funding to provide separate emergency allotments at the maximum monthly allotment for the household size to all households receiving SNAP for a future month without being statutorily required to @ @ @ @ @ @ @ writes .
Gilliam took the arguments under submission , but not before asking attorneys to submit additional briefing on whether he should defer to the department ’ s reading of the FFCRA under a doctrine known as Chevron deference , whereby a judge can not substitute their own interpretation of a statute for a government agency ’ s , as long as it ’ s reasonable .

Whether California households already maxed out on government food aid can receive extra pandemic-related assistance may turn on how much deference a federal judge decides to give the Agriculture Department’s interpretation of the emergency coronavirus relief package Congress passed in March.
OAKLAND, Calif. (CN) — Whether California households already maxed out on government food aid can receive extra pandemic-related assistance may turn on how much deference a federal judge decides to give the Agriculture Department’s interpretation of the emergency coronavirus relief package Congress passed in March.
U.S. District Judge Haywood Gilliam declined to lift the ceiling on emergency food stamp allotments in June in response to a class action challenging the U.S. Department of Agriculture’s cap on monthly benefits.
The lawsuit sought to enjoin the department from denying any requests from the state of California for additional food stamps, claiming the Families First Coronavirus Response Act, enacted by Congress on March 18, set aside extra money for SNAP benefits for households experiencing temporary income loss.
The state has yet to officially enter the fray but signaled in court documents its intent to seek benefits on behalf of households already receiving the maximum monthly benefit.
California had requested a flat emergency allotment of $60 per SNAP participant, a request that the USDA denied only because the state wanted to dole it out “equitably” to all SNAP recipients in the state contrary to the USDA’s guidance.
The USDA, which administers the SNAP program, believes Congress intended the new law to “top off” households experiencing “temporary food needs,” not provide an across-the-board SNAP increase for households already receiving maximum benefits.
Counsel for two food stamp recipients maintains that the USDA wrongly interprets Section 2302 of the FFCRA as empowering it to limit emergency allotments to those that bring a household up to its maximum benefit.
On Thursday, attorneys for the government were back in court raising essentially the same arguments.
Lindsay Nako, special counsel with the non-profit Impact Fund, told Gilliam that the FFCRA actually created a separate SNAP benefit and that the USDA’s contrary interpretation “has denied emergency food support to a million of California SNAP households, nearly half, and indeed the most vulnerable half.”
But Gilliam wondered where he should draw the line. Raising an admittedly “colossal” hypothetical figure, he asked Nako if the plaintiffs were asking that the USDA be required to grant any future request California might make for additional benefits no matter what the amount.
“What I'm really asking is what am I ordering the USDA to do in your requested world?” he added.
“In our requested world you are ordering the USDA to follow the statute,” Nako said, which would be to issue an order barring the USDA from “denying an otherwise appropriate request solely because it provides emergency allotments to maximum allotment households.”
Nako informed Gilliam of a parallel action in the Eastern District of Pennsylvania, led by a plaintiff who shares the judge’s surname. Laughing, he said, “Now I have to recuse myself.”
Arguing for the government, Justice Department attorney Rachel Westmoreland said the SNAP program is already strained, pointing to a declaration by USDA official David Burr that warns of a rapidly depleting reserve of SNAP funds.
“Based on the funds currently available, USDA lacks sufficient funding to provide separate emergency allotments at the maximum monthly allotment for the household size to all households receiving SNAP for a future month without being statutorily required to reduce regular SNAP payments,” Burr writes.
Gilliam took the arguments under submission, but not before asking attorneys to submit additional briefing on whether he should defer to the department’s reading of the FFCRA under a doctrine known as Chevron deference, whereby a judge cannot substitute their own interpretation of a statute for a government agency’s, as long as it’s reasonable.


courthousenews--2020-09-11--Trump Holds Michigan Rally Amid Book Revelations, Faltering Poll Numbers

( CN ) — President Donald Trump held a rally at an airport hangar in Freeland , Michigan Thursday where he talked about “ Sleepy Joe ” Biden and continued to spin recent revelations he concealed information about the Covid-19 outbreak in order to help his re-election chances .
The campaign rally was his first in Michigan since mid-December when he spoke to a Battle Creek crowd the day he became the third American president ever impeached .
He made a small stop in the state in June on his way to Wisconsin .
Thousands were said to be in @ @ @ @ @ @ @ social distancing , but some could be seen wearing masks .
“ We brought you a lot of car plants !
” the president yelled as he greeted the adoring crowd .
“ We ’ re gon na bring you a lot more !
” The president quickly brought up Democratic rival Biden that triggered a chorus of boos .
“ Joe Biden will surrender your jobs to China .
If Biden wins , China wins , ” he repeated several times for effect .
Trump then reminisced about Election Day 2016 when @ @ @ @ @ @ @ to supporters at 1 a.m .
He asked for the same support in 2020 .
“ I ’ m running for reelection to keep jobs in Michigan , ” he said to cheers .
“ If we win , America wins.
” Trump barely won the state in 2016 by more than 10,000 votes , a 0.23 % edge over Hillary Clinton .
In an apparent effort to scare voters , Trump circled back to Biden and said his intent was to welcome thousands of refugees to America .
At times speaking softly @ @ @ @ @ @ @ the top of his lungs to make his points .
He touted more than 300 miles of border wall built as his supporters chanted “ Build that wall !
” Trump continued to attack Biden for his age and implied he was a manipulated prop of the liberal left because he was too senile to have his own agenda .
“ He doesn ’ t know what the hell is going on , ” he said to the crowd .
The president said that Biden was so bad during the Democratic debates that @ @ @ @ @ @ @ the room , she remarked that his performance made her sad .
Just to make sure the crowd didn ’ t forget , the president reminded them about the automobile production plants .
“ I got you so many damn car plants , ” he said , then basked in chants of “ four more years ” from the audience .
The president then shifted gears to talk about the Covid-19 pandemic and promised a vaccine would be available soon .
“ By the end of the year , we will have a @ @ @ @ @ @ @ The fake news doesn ’ t like how well we are doing.
” Democrat Governor Gretchen Whitmer , who said at a press conference earlier in the day that President Trump was the “ biggest threat to the American people ” was targeted over her actions to shut down the state in the wake of the pandemic .
“ Tell your governor to open up your damn state , ” he shouted .
“ It would be better if she knew what the hell she was doing.
” A recent poll of Michigan @ @ @ @ @ @ @ rating rose 15 points since January over her handling of the virus and decisions to close businesses and schools .
Trump lamented that the virus , which he continued to blame China for spreading , ruined the political momentum he had gained .
“ We were coming together , ” he said .
“ It really stopped things .
We got that terrible situation.
” While the president has said he downplayed the pandemic to project calm , he took the opposite route when he spoke of potential violence in the suburban community @ @ @ @ @ @ @ then repeated a false claim that the murder rate in Chicago was higher than in Afghanistan because it was run by Democrats .
The President then assailed the previous administration ’ s efforts to save the auto industry in 2009 and took credit for their success today .
He bragged about the end of the North American Free Trade Agreement and mentioned Biden said in an interview on CNN that the United States-Mexico-Canada Trade Agreement was better .
Trump repeatedly told the crowd he would be mad at them if he was not @ @ @ @ @ @ @ “ We did more in 47 months than he did in 47 years.
” He gloated .
“ I ’ m running against the worst presidential candidate ever.
” On Wednesday night Trump began preparing for his trip by calling out former Michigan Governor Rick Snyder for his role in the Flint water crisis .
The former Republican governor recently wrote an opinion piece for USA Today where he endorsed Joe Biden and urged other Republicans to do the same .
“ This Snyder mess was made during the OBiden era – no @ @ @ @ @ @ @ The president wrote on Twitter .
Snyder was recently part of a settlement agreement over the water scandal that released him from further responsibility .
Michigan Republican senatorial candidate John James attended the rally and got a shout out from the president who touted him as a rising star .
“ You have my total and complete endorsement.
” Joe Biden was in Michigan on Wednesday touting his plans to close tax loopholes and keep more jobs in America .

President Donald Trump held a rally at an airport hangar in Freeland, Michigan Thursday where he talked about “Sleepy Joe” Biden and continued to spin recent revelations he concealed information about the Covid-19 outbreak in order to help his re-election chances.
(CN) — President Donald Trump held a rally at an airport hangar in Freeland, Michigan Thursday where he talked about “Sleepy Joe” Biden and continued to spin recent revelations he concealed information about the Covid-19 outbreak in order to help his re-election chances.
The campaign rally was his first in Michigan since mid-December when he spoke to a Battle Creek crowd the day he became the third American president ever impeached. He made a small stop in the state in June on his way to Wisconsin.
Thousands were said to be in attendance and appeared crowded together with little social distancing, but some could be seen wearing masks.
“We brought you a lot of car plants!” the president yelled as he greeted the adoring crowd. “We’re gonna bring you a lot more!”
The president quickly brought up Democratic rival Biden that triggered a chorus of boos.
“Joe Biden will surrender your jobs to China. If Biden wins, China wins,” he repeated several times for effect.
Trump then reminisced about Election Day 2016 when he said he visited Michigan and spoke to supporters at 1 a.m. He asked for the same support in 2020.
“I’m running for reelection to keep jobs in Michigan,” he said to cheers. “If we win, America wins.”
Trump barely won the state in 2016 by more than 10,000 votes, a 0.23% edge over Hillary Clinton.
In an apparent effort to scare voters, Trump circled back to Biden and said his intent was to welcome thousands of refugees to America. At times speaking softly, the president would then yell at the top of his lungs to make his points.
He touted more than 300 miles of border wall built as his supporters chanted “Build that wall!”
Trump continued to attack Biden for his age and implied he was a manipulated prop of the liberal left because he was too senile to have his own agenda.
“He doesn’t know what the hell is going on,” he said to the crowd.
The president said that Biden was so bad during the Democratic debates that when First Lady Melania Trump came into the room, she remarked that his performance made her sad.
Just to make sure the crowd didn’t forget, the president reminded them about the automobile production plants.
“I got you so many damn car plants,” he said, then basked in chants of “four more years” from the audience.
The president then shifted gears to talk about the Covid-19 pandemic and promised a vaccine would be available soon.
“By the end of the year, we will have a vaccine,” he said. “The fake news doesn’t like how well we are doing.”
Democrat Governor Gretchen Whitmer, who said at a press conference earlier in the day that President Trump was the “biggest threat to the American people” was targeted over her actions to shut down the state in the wake of the pandemic.
“Tell your governor to open up your damn state,” he shouted. “It would be better if she knew what the hell she was doing.”
A recent poll of Michigan voters showed that Whitmer’s approval rating rose 15 points since January over her handling of the virus and decisions to close businesses and schools.
Trump lamented that the virus, which he continued to blame China for spreading, ruined the political momentum he had gained.
“We were coming together,” he said. “It really stopped things. We got that terrible situation.”
While the president has said he downplayed the pandemic to project calm, he took the opposite route when he spoke of potential violence in the suburban community if Biden won the election. He then repeated a false claim that the murder rate in Chicago was higher than in Afghanistan because it was run by Democrats.
The President then assailed the previous administration’s efforts to save the auto industry in 2009 and took credit for their success today. He bragged about the end of the North American Free Trade Agreement and mentioned Biden said in an interview on CNN that the United States-Mexico-Canada Trade Agreement was better.
Trump repeatedly told the crowd he would be mad at them if he was not reelected, especially running against Biden.
“We did more in 47 months than he did in 47 years.” He gloated. “I’m running against the worst presidential candidate ever.”
On Wednesday night Trump began preparing for his trip by calling out former Michigan Governor Rick Snyder for his role in the Flint water crisis.
The former Republican governor recently wrote an opinion piece for USA Today where he endorsed Joe Biden and urged other Republicans to do the same.
“This Snyder mess was made during the OBiden era - no wonder they’re friends!” The president wrote on Twitter.
Snyder was recently part of a settlement agreement over the water scandal that released him from further responsibility.
Michigan Republican senatorial candidate John James attended the rally and got a shout out from the president who touted him as a rising star.
“You have my total and complete endorsement.”
Joe Biden was in Michigan on Wednesday touting his plans to close tax loopholes and keep more jobs in America.


SeaWorld Passes

LOS ANGELES — A federal court in California dismissed a class action brought by a SeaWorld annual pass holder against @ @ @ @ @ to collect membership fees while its parks were closed due to the Covid-19 pandemic .
@ @ @ @ @ identify any specific statement SeaWorld made that would have led the pass holder to believe @ @ @ @ @ to the parks .

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.


Cannabis Initiative

LINCOLN , Neb .
— The Nebraska secretary of state improperly certified a voter ballot initiative to create a constitutional @ @ @ @ @ medical conditions to produce and use medicinal cannabis , the state ’ s Supreme Court @ @ @ @ @ violated a single subject rule .


courthousenews--2020-09-11--Church Ordered to Halt Indoor Services in Ongoing Legal Fight With LA County

LOS ANGELES ( CN ) — A California judge on Thursday ordered a megachurch to stop holding indoor worship services in the ongoing legal battle between Los Angeles County health officials and church officials who refuse to follow health orders meant to slow the spread of the coronavirus .
The Grace Community Church of the Valley located in Sun Valley has continued to hold large-scale church services despite county health orders banning large indoor gatherings .
On Thursday , LA County Superior Court Judge Mitchell Beckloff ordered the church to stop holding its services under county and state health orders @ @ @ @ @ @ @ the papers submitted by the parties , and having heard arguments of counsel , finds that there is an immediate threat to public health and safety due to the COVID-19 pandemic , ” Beckloff wrote .
He said the “ harm to the general public , including all residents of Los Angeles County , from the nonissuance of a preliminary injunction outweighs the harm to defendants from the issuance of a preliminary injunction.
” Beckloff also wrote that any outdoor worship services would need to comply with local and state health orders and @ @ @ @ @ @ @ masks and practice physical distancing .
LA County officials said they “ reluctantly ” sued the church in August after they tried to work with church leaders to come into compliance with the health order .
A Superior Court judge declined to issue a temporary restraining last month and the church continued to hold its services despite the ongoing legal proceedings .
Last month , church pastor John MacArthur opened his Sunday service with the message , “ I ’ m so happy to welcome you to the Grace Community Church peaceful protest.
@ @ @ @ @ @ @ would not issue a restraining order and sent the matter back to the state court .
Beckloff did not issue sanctions against the church at a previous hearing , but did order the church to allow county health officials to enter the church premises to make sure they are complying with the local and state health orders .
Church attorney Jenna Ellis wrote on Twitter , “ Judge allows LA county to DENY religious freedom ” to Grace Community Church and ban indoor services .
In a statement , the church ’ s @ @ @ @ @ @ @ they were disappointed in the ruling because the court did not apply the strict scrutiny analysis to the government order .
“ The court also did not properly consider the medical and scientific evidence that the current number of people with serious COVID-19 symptoms no longer justifies a shuttering of the churches.
” LiMandri went on to say that the court has treated churches like “ second-class citizens compared to the tens of thousands of protesters.
” Ellis said in a statement , “ The County ’ s argument was basically ‘ because @ @ @ @ @ @ @ very definition of tyranny.
” MacArthur called the ruling “ inexplicable ” and that a small amount of Californians should not trump the rights of churches .
Since the onset of the pandemic LA County has reported 251,000 confirmed infections and over 6,000 deaths .

A California judge on Thursday ordered a megachurch to stop holding indoor worship services in the ongoing legal battle between Los Angeles County health officials and church officials who refuse to follow health orders meant to slow the spread of the coronavirus.
LOS ANGELES (CN) — A California judge on Thursday ordered a megachurch to stop holding indoor worship services in the ongoing legal battle between Los Angeles County health officials and church officials who refuse to follow health orders meant to slow the spread of the coronavirus.
The Grace Community Church of the Valley located in Sun Valley has continued to hold large-scale church services despite county health orders banning large indoor gatherings.
On Thursday, LA County Superior Court Judge Mitchell Beckloff ordered the church to stop holding its services under county and state health orders.
“The Court, having considered the papers submitted by the parties, and having heard arguments of counsel, finds that there is an immediate threat to public health and safety due to the COVID-19 pandemic,” Beckloff wrote.
He said the “harm to the general public, including all residents of Los Angeles County, from the nonissuance of a preliminary injunction outweighs the harm to defendants from the issuance of a preliminary injunction.”
Beckloff also wrote that any outdoor worship services would need to comply with local and state health orders and all worshipers will need to wear face masks and practice physical distancing.
LA County officials said they “reluctantly” sued the church in August after they tried to work with church leaders to come into compliance with the health order.
A Superior Court judge declined to issue a temporary restraining last month and the church continued to hold its services despite the ongoing legal proceedings.
Last month, church pastor John MacArthur opened his Sunday service with the message, “I'm so happy to welcome you to the Grace Community Church peaceful protest.”
A Ninth Circuit panel said it would not issue a restraining order and sent the matter back to the state court.
Beckloff did not issue sanctions against the church at a previous hearing, but did order the church to allow county health officials to enter the church premises to make sure they are complying with the local and state health orders.
Church attorney Jenna Ellis wrote on Twitter, “Judge allows LA county to DENY religious freedom” to Grace Community Church and ban indoor services.
In a statement, the church’s attorney Charles LiMandri said they were disappointed in the ruling because the court did not apply the strict scrutiny analysis to the government order.
“The court also did not properly consider the medical and scientific evidence that the current number of people with serious COVID-19 symptoms no longer justifies a shuttering of the churches.”
LiMandri went on to say that the court has treated churches like “second-class citizens compared to the tens of thousands of protesters.”
Ellis said in a statement, “The county’s argument was basically ‘because we can,’ which is the very definition of tyranny.”
MacArthur called the ruling “inexplicable” and that a small amount of Californians should not trump the rights of churches.
Since the onset of the pandemic LA County has reported 251,000 confirmed infections and over 6,000 deaths.


Paparazzi Pic

NEW YORK — A federal court dismissed a photographer ’ s suit against HuffPost for its use of his picture @ @ @ @ @ down the street wearing trousers but “ ostensibly without any underwear.
” HuffPost ’ s @ @ @ @ @


courthousenews--2020-09-11--Wildfires Destroy a Record 3.1 Million Acres Across California

( CN ) — California eclipsed another milestone in its ruinous and historic wildfire season as officials on Thursday announced a record 3.1 million acres have already burned in 2020 .
Over 7,300 wildfires have burned a scar larger than the size of Delaware and Rhode Island combined , smashing the previous record of 1.8 million acres set during the state ’ s tragic 2018 season .
The massive total has been buoyed by a handful of the largest infernos in state history , which continue to burn simultaneously throughout the Golden State .
While the ferocious winds that jump @ @ @ @ @ @ @ earlier this week have calmed , California firefighters are struggling to contain two wildfires that have already destroyed over 2,300 homes and buildings .
Burning near the scar of the 2018 Camp Fire , the deadliest and most destructive blaze in state history , the Bear Fire continues to threaten the foothill communities near Lake Oroville .
The fire is part of the North Complex , which has burned 247,000 acres and destroyed at least 2,000 structures in Plumas , Yuba and Butte counties .
Officials said Thursday evening the Bear Fire has @ @ @ @ @ @ @ .
Sparked by a dry-lightning storm in mid-August , the North Complex is already the 10th largest wildfire in California ’ s history dating back to 1932 .
According to the U.S. Forest Service in charge of the incident , the complex is just 23 % contained and critical fire conditions could return to the area by Sunday .
Cal Fire spokesman Daniel Berlant said the weeks-old fire was invigorated by high winds on Tuesday and spread toward homes near Lake Oroville .
He said the fire has killed at least three people @ @ @ @ @ @ @ was able to make a significant run down the middle fork of the Feather River and go very , very quickly into the communities , ” Berlant said in an update .
“ This right now is one of the main focuses as there are so many structures still threatened by this blaze.
” Over 300 miles south in Fresno County , the Creek Fire has grown to 175,000 acres in less than a week .
Now the 17th largest in state history , the blaze churning through the Sierra National Forest has @ @ @ @ @ @ @ .
On Sept. 5 , the supercharged fire produced enough heat and smoke to send a massive plume miles into the air that was spotted by commercial airline passengers and NASA satellites .
The dense clouds , known as a pyrocumulonimbus , have been dubbed by NASA as the “ fire-breathing dragon of clouds ” and can resemble an atomic explosion .
“ The pyrocumulonimbus cloud created aerosol index values indicate that this is one of the largest ( if not the largest ) pyroCb events seen in the United States , ” @ @ @ @ @ @ @ scientist .
The Creek Fire started Friday evening and has already burned over 175,000 acres across three counties , making a 15-mile run in a single day .
Hundreds of campers and residents have been airlifted from the blaze in recent days by the California National Guard , and as of Thursday the fire remains completely uncontained .
The litany of fires has forced the total closure of all 18 national forests located in the state for the first time .
Since the beginning of the year , nearly 4,000 structures have been @ @ @ @ @ @ @ battling six of the top 20 largest fires in state history in the Creek , North Complex , the August Complex ( the largest on record at 471,000 acres ) , SCU Complex ( 396,000 ) , LNU Complex ( 363,000 ) and the Elkhorn Fire ( 255,000 ) .
Still mired in the coronavirus pandemic , California officials have been forced to forgo traditional wildfire evacuation centers to stem the spread of Covid-19 .
As of Thursday , counties had placed over 5,000 wildfire evacuees in hotel rooms while thousands escaped to @ @ @ @ @ @ @ Firefighting resources are beginning to run thin on the West Coast as neighboring Oregon and Washington are also battling a spate of unmatched wildfires .
Nearly 1 million acres have been charred in Oregon this week , causing Gov .
Kate Brown to ask for federal firefighting assistance .
On average over the past 10 years , 500,000 acres have burned per season in Oregon .
Brown called the situation unprecedented , deadly and fueled by climate change .
“ We have never seen this amount of uncontained fire across our state , @ @ @ @ @ @ @ .
“ This will not be a one-time event ; unfortunately , it ’ s the bellwether of the future .
We ’ re feeling the acute impacts of climate change .
”

California eclipsed another milestone in its ruinous and historic wildfire season as officials on Thursday announced a record 3.1 million acres have already burned in 2020.
(CN) — California eclipsed another milestone in its ruinous and historic wildfire season as officials on Thursday announced a record 3.1 million acres have already burned in 2020.
Over 7,300 wildfires have burned a scar larger than the size of Delaware and Rhode Island combined, smashing the previous record of 1.8 million acres set during the state’s tragic 2018 season.
The massive total has been buoyed by a handful of the largest infernos in state history, which continue to burn simultaneously throughout the Golden State.
While the ferocious winds that jump started wildfires along the entire West Coast earlier this week have calmed, California firefighters are struggling to contain two wildfires that have already destroyed over 2,300 homes and buildings.
Burning near the scar of the 2018 Camp Fire, the deadliest and most destructive blaze in state history, the Bear Fire continues to threaten the foothill communities near Lake Oroville. The fire is part of the North Complex, which has burned 247,000 acres and destroyed at least 2,000 structures in Plumas, Yuba and Butte counties. Officials said Thursday evening the Bear Fire has killed 10, with 16 still missing.
Sparked by a dry-lightning storm in mid-August, the North Complex is already the 10th largest wildfire in California’s history dating back to 1932. According to the U.S. Forest Service in charge of the incident, the complex is just 23% contained and critical fire conditions could return to the area by Sunday.
Cal Fire spokesman Daniel Berlant said the weeks-old fire was invigorated by high winds on Tuesday and spread toward homes near Lake Oroville. He said the fire has killed at least three people in recent days.
“This fire was able to make a significant run down the middle fork of the Feather River and go very, very quickly into the communities,” Berlant said in an update. “This right now is one of the main focuses as there are so many structures still threatened by this blaze.”
Over 300 miles south in Fresno County, the Creek Fire has grown to 175,000 acres in less than a week. Now the 17th largest in state history, the blaze churning through the Sierra National Forest has exhibited stunning behavior and produced traumatic escapes.
On Sept. 5, the supercharged fire produced enough heat and smoke to send a massive plume miles into the air that was spotted by commercial airline passengers and NASA satellites. The dense clouds, known as a pyrocumulonimbus, have been dubbed by NASA as the “fire-breathing dragon of clouds” and can resemble an atomic explosion.
“The pyrocumulonimbus cloud created aerosol index values indicate that this is one of the largest (if not the largest) pyroCb events seen in the United States,” said Dr. Colin Seftor, NASA atmospheric scientist.
The Creek Fire started Friday evening and has already burned over 175,000 acres across three counties, making a 15-mile run in a single day. Hundreds of campers and residents have been airlifted from the blaze in recent days by the California National Guard, and as of Thursday the fire remains completely uncontained.
The litany of fires has forced the total closure of all 18 national forests located in the state for the first time. Since the beginning of the year, nearly 4,000 structures have been destroyed.
Overall, 14,000 firefighters are battling six of the top 20 largest fires in state history in the Creek, North Complex, the August Complex ( the largest on record at 471,000 acres), SCU Complex (396,000), LNU Complex (363,000) and the Elkhorn Fire (255,000).
Still mired in the coronavirus pandemic, California officials have been forced to forgo traditional wildfire evacuation centers to stem the spread of Covid-19. As of Thursday, counties had placed over 5,000 wildfire evacuees in hotel rooms while thousands escaped to room with friends or family members.
Firefighting resources are beginning to run thin on the West Coast as neighboring Oregon and Washington are also battling a spate of unmatched wildfires.
Nearly 1 million acres have been charred in Oregon this week, causing Gov. Kate Brown to ask for federal firefighting assistance. On average over the past 10 years, 500,000 acres have burned per season in Oregon.
Brown called the situation unprecedented, deadly and fueled by climate change.
“We have never seen this amount of uncontained fire across our state,” Brown said in a press conference. “This will not be a one-time event; unfortunately, it’s the bellwether of the future. We’re feeling the acute impacts of climate change.”


Abortion

NASHVILLE , Tenn. — The city of Mt .
Juliet , Tennessee , and carafem settled a federal lawsuit brought @ @ @ @ @ which challenged the city ’ s attempt to obstruct it from performing surgical abortions by @ @ @ @ @ restricted where such procedures could occur .


Kanye Ballots

( CN ) — Idaho ’ s state Democratic Party requested a restraining order Friday , asking a state judge @ @ @ @ @ issuing ballots that include Kanye West on them .
The Democrats say that since West @ @ @ @ @ in Wyoming , he is ineligible to appear as an independent candidate in the state @


courthousenews--2020-09-11--California Court Covid Update

California Court Covid Update

Sept. 10 , 2020 : Notice regarding ex parte applications for Civil and Family Law


Chemical Exposure

SAN FRANCISCO — In several suits against Pacific Gas & Electric stemming from plaintiffs ’ alleged exposure to elevated levels @ @ @ @ @ the Ninth Circuit upheld a ruling against the plaintiffs , finding they failed to submit @ @ @ @ @ levels of the chemicals could have caused their injuries .


Hair Harassment

NEW ORLEANS — The Fifth Circuit revived a Black high school student ’ s harassment claims against a school board @ @ @ @ @ school treated him because of his “ two toned ” blonde hairstyle .
The student @ @ @ @ @ dyeing his hair when female students and students of other races were not , and @ @ @ @ @ him for his hairstyle , calling him a “ thug ” and a ” fool @ @


Unsigned Ballots

PHOENIX — A federal court in Arizona enjoined state election officials from tossing vote-by-mail ballots in unsigned envelopes without allowing @ @ @ @ @ days after an election to correct their omissions .


courthousenews--2020-09-11--NYC’s Tenant-Harassment Law for Covid-19 Comes Under Scrutiny

( CN ) — A federal judge appeared skeptical on Friday that the breadth and clarity that a suite of New York City laws passed in May to protect tenants during the age of the coronavirus pandemic would pass legal muster .
Two of the laws opposed by city landlords forbid harassing residential and commercial tenants for nonpayment of rent based on their “ status as a person or business impacted by COVID-19.
” “ That description includes virtually every business in the city , right ?
” U.S. District Judge Ronnie Abrams asked lawyers for the city during a @ @ @ @ @ @ @ city ’ s lawyers , Carlos Fernando Ugalde Alvarez , argued that the statute applies to businesses whose “ on-premises services ” have been affected , a smaller number .
Landlords , led by Brooklyn-based small business owner Marcia Melendez , claim that the laws go much farther and that nothing prevents tenants from interpreting any effort to collect rent as “ harassment.
” Melendez , who chairs Jarican Realty Inc. and 1025 Pacific LLC , says a residential tenant accused her of harassment for demanding unpaid rent , without threats of violence @ @ @ @ @ @ @ ’ s attorney Pamela Ann Koplik said that is not supposed to happen .
“ Lawful demands for rent are not proscribed , ” Koplik said .
Stephen Younger , who represents the landlords for the firm Patterson , Belknap , Webb & Tyler LLP , slammed the city ’ s distinction as unrealistic .
“ The problem is the city is taking the hyper-technical view of these laws , ” Younger said .
“ It ’ s not based on what ’ s been going on in the real world.
” Even @ @ @ @ @ @ @ than the city and used it against smaller landlords .
In June , the Gap and Old Navy sued landlords in Manhattan Supreme Court under the commercial harassment law for demanding rent and threatening to terminate their leases , an example of litigation the landlords cited in their case .
Judge Abrams appeared to agree that the city ’ s interpretation of the law — limiting it to targeted harassment of tenants because they were affected by the pandemic — was unrealistic .
“ What ’ s happening in reality is a lot @ @ @ @ @ @ @ can ’ t pay their rent and have to close their businesses , ” she told a lawyer for the city .
Landlords are also challenging a law preventing property owners from holding personal guarantors of certain commercial tenants liable debts incurred because of the coronavirus .
Like most hearings since March , Friday ’ s oral arguments were held virtually via Skype .
The public could listen in via telephone .
The judge reserved decision on the matter .

A federal judge appeared skeptical on Friday that the breadth and clarity that a suite of New York City laws passed in May to protect tenants during the age of the coronavirus pandemic would pass legal muster.
(CN) — A federal judge appeared skeptical on Friday that the breadth and clarity that a suite of New York City laws passed in May to protect tenants during the age of the coronavirus pandemic would pass legal muster.
Two of the laws opposed by city landlords forbid harassing residential and commercial tenants for nonpayment of rent based on their “status as a person or business impacted by COVID-19.”
“That description includes virtually every business in the city, right?” U.S. District Judge Ronnie Abrams asked lawyers for the city during a nearly two-hour hearing.
One of the city’s lawyers, Carlos Fernando Ugalde Alvarez, argued that the statute applies to businesses whose “on-premises services” have been affected, a smaller number.
Landlords, led by Brooklyn-based small business owner Marcia Melendez, claim that the laws go much farther and that nothing prevents tenants from interpreting any effort to collect rent as “harassment.”
Melendez, who chairs Jarican Realty Inc. and 1025 Pacific LLC, says a residential tenant accused her of harassment for demanding unpaid rent, without threats of violence or any illegal actions.
The city’s attorney Pamela Ann Koplik said that is not supposed to happen.
“Lawful demands for rent are not proscribed,” Koplik said.
Stephen Younger, who represents the landlords for the firm Patterson, Belknap, Webb & Tyler LLP, slammed the city’s distinction as unrealistic.
“The problem is the city is taking the hyper-technical view of these laws,” Younger said. “It’s not based on what’s been going on in the real world.”
Even major corporations have interpreted the law differently than the city and used it against smaller landlords.
In June, the Gap and Old Navy sued landlords in Manhattan Supreme Court under the commercial harassment law for demanding rent and threatening to terminate their leases, an example of litigation the landlords cited in their case.
Judge Abrams appeared to agree that the city’s interpretation of the law — limiting it to targeted harassment of tenants because they were affected by the pandemic — was unrealistic.
“What’s happening in reality is a lot of people are out of jobs and can’t pay their rent and have to close their businesses,” she told a lawyer for the city.
Landlords are also challenging a law preventing property owners from holding personal guarantors of certain commercial tenants liable debts incurred because of the coronavirus.
Like most hearings since March, Friday’s oral arguments were held virtually via Skype. The public could listen in via telephone. The judge reserved decision on the matter.


Unjust Gains

SAN FRANCISCO — The Ninth Circuit ruled that the Federal Trade Commission reasonably calculated the unjust gains of OMICS Group @ @ @ @ @ legitimate peer-reviewed academic journals and made false claims regarding the attendees and organizers of its @ @ @


Mistaken Arrest

NEW ORLEANS — Narcotics officers were entitled to qualified immunity on a man ’ s claims relating to their mistaken @ @ @ @ @ his half-brother , who has the same name , the Fifth Circuit ruled .
The @ @ @ @ @ local news covered the arrest .
The court determined the record suggests the officers made @ @ @ @ @ ”


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including hundreds of thousands of people on the West Coast remain under evacuation orders due to a relentless late-summer wildfire siege ; The 11th Circuit ruled Florida can condition voting rights on the payment of fines , fees and restitution by felons ; The crackdown on pro-democracy protests in Belarus is once again turning violent , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
@ @ @ @ @ @ @ force the Trump administration to make them eligible for pandemic relief loans because the government has no legal obligation to provide financial aid to erotic dance clubs , a federal judge ruled Friday .
2 . )
Nearly six months after Congress earmarked $ 8 billion for Native tribes in the CARES Act , the Treasury Department argued to the D.C .
Circuit on Friday that it can lawfully hand out portions of the coronavirus relief funds to Alaska Native corporations .
3 . )
President Donald Trump ’ s executive order suspending @ @ @ @ @ @ @ the year will devastate scores of industries that rely on seasonal and specialty workers , organizations representing hundreds of U.S. businesses affected by the sweeping proclamation argued in federal court Friday .
4 . )
Escaping dozens of major fires burning near the fringes of major West Coast cities like Portland , Oregon , and Los Angeles , hundreds of thousands of people remained under evacuation orders Friday due to a relentless late-summer wildfire siege .
5 . )
Florida can condition voting rights on the payment of fines , fees and restitution @ @ @ @ @ @ @ Circuit ruled Friday .
6 . )
The Fifth Circuit vacated a San Antonio federal judge ’ s order that would have allowed any eligible Texas voter to qualify for a mail-in ballot during the Covid-19 pandemic .
7 . )
Microsoft ’ s claim to have prevented Iranian cyberattacks drew swift denials Friday from Tehran , where officials maintain they have no interest in who controls America ’ s executive branch .
8 . )
The crackdown on pro-democracy protests in Belarus is once again turning violent as security forces increasingly attack @ @ @ @ @ @ @ figures .

Top eight CNS stories for today including hundreds of thousands of people on the West Coast remain under evacuation orders due to a relentless late-summer wildfire siege; The 11th Circuit ruled Florida can condition voting rights on the payment of fines, fees and restitution by felons; The crackdown on pro-democracy protests in Belarus is once again turning violent, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including hundreds of thousands of people on the West Coast remain under evacuation orders due to a relentless late-summer wildfire siege; The 11th Circuit ruled Florida can condition voting rights on the payment of fines, fees and restitution by felons; The crackdown on pro-democracy protests in Belarus is once again turning violent, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Strip clubs cannot force the Trump administration to make them eligible for pandemic relief loans because the government has no legal obligation to provide financial aid to erotic dance clubs, a federal judge ruled Friday.
The interior of the Satin Dolls strip club in New Jersey, which served as the filming location for the Bada Bing strip club scenes for “The Sopranos,” series. (AP Photo/Mike Derer, File)
2.) Nearly six months after Congress earmarked $8 billion for Native tribes in the CARES Act, the Treasury Department argued to the D.C. Circuit on Friday that it can lawfully hand out portions of the coronavirus relief funds to Alaska Native corporations.
A woman walks before dawn in Toksook Bay, Alaska, a mostly Yuip'ik village on the edge of the Bering Sea, on Jan. 20, 2020. Native American leaders are raising questions about how $8 billion in federal coronavirus relief tagged for tribes will be distributed, with some arguing that for-profit Alaska Native corporations shouldn't get a share of the funding. (AP Photo/Gregory Bull, File)
3.) President Donald Trump’s executive order suspending certain work visas through the end of the year will devastate scores of industries that rely on seasonal and specialty workers, organizations representing hundreds of U.S. businesses affected by the sweeping proclamation argued in federal court Friday.
President Donald Trump signs an executive order during a news conference at the Trump National Golf Club in Bedminster, N.J., Saturday, Aug. 8, 2020. (AP Photo/Susan Walsh)
Regional
4.) Escaping dozens of major fires burning near the fringes of major West Coast cities like Portland, Oregon, and Los Angeles, hundreds of thousands of people remained under evacuation orders Friday due to a relentless late-summer wildfire siege.
Jerry Walker fled his apartment in Phoenix, Ore., in his pajamas, and here views the Coleman Creed Estates mobile home park Thursday, Sept. 10, 2020. He doesn’t know if his apartment complex made it and he was here to check on the business that he works at, a food cart. The mobile home park behind him that is destroyed is Coleman Creek Estates. (AP Photo/Gillian Flaccus)
5.) Florida can condition voting rights on the payment of fines, fees and restitution by felons, the en banc 11th Circuit ruled Friday.
Voters head to a polling station in Orlando, Fla., in March 2020. (John Raoux/AP)
6.) The Fifth Circuit vacated a San Antonio federal judge’s order that would have allowed any eligible Texas voter to qualify for a mail-in ballot during the Covid-19 pandemic.
Harris County election clerk Nora Martinez, left, helps a voter Monday, June 29, 2020, in Houston. Early voting for the Texas primary runoffs began Monday. (AP Photo/David J. Phillip)
International
7.) Microsoft’s claim to have prevented Iranian cyberattacks drew swift denials Friday from Tehran, where officials maintain they have no interest in who controls America’s executive branch.
In this Nov. 10, 2016, photo, people walk near a Microsoft office in New York. (AP Photo/Swayne B. Hall)
8.) The crackdown on pro-democracy protests in Belarus is once again turning violent as security forces increasingly attack demonstrators and masked men carry off opposition figures.


courthousenews--2020-09-11--Tribes Take Battle Over Covid Emergency Funds to DC Circuit

WASHINGTON ( CN ) — Nearly six months after Congress earmarked $ 8 billion for Native tribes in the CARES Act , the Treasury Department argued to the D.C .
Circuit on Friday that it can lawfully hand out portions of the coronavirus relief funds to Alaska Native corporations .
Over a dozen tribes have challenged the plan by the Trump administration to send federal money to the so-called ANCs .
They argue Congress intended for the pandemic relief to go only to the 574 tribes — many hard hit by the deadly outbreak and the economic fallout it triggered @ @ @ @ @ @ @ the United States .
“ Corporations do not have sovereign governmental powers .
They do not enjoy the government-to-government relationship with the United States , ” attorney Riyaz Kanji , arguing for tribes from Alaska and the Lower 48 , said Friday .
U.S. District Judge Amit Mehta first granted a temporary block on the distribution of CARES Act funds to ANCs , but reversed course in his final ruling in June .
“ It stands to reason that Congress , in its effort to distribute emergency funds quickly to Indians under the @ @ @ @ @ @ @ dollars in the hands of the same entities that deliver public services to Indians .
In the lower 48 states , those entities are largely Tribal governments in the traditional sense , but in Alaska , those entities include Alaska Native village and regional corporations , ” the Obama appointee wrote .
The tribes appealing the decision indicated Friday that they may request an extension of the stay currently set to expire on Sep. 15 while the D.C .
Circuit considers the case .
Formed in a 1971 agreement between the federal government @ @ @ @ @ @ @ Natives , ANCs argue they are eligible for CARES relief because they provide critical services to Alaskan Natives in remote areas of the state where no federally recognized tribe operates .
U.S .
Circuit Judge Patricia Millett questioned Friday if reversing the district court decision would leave individuals in the Last Frontier to suffer without federal relief during the pandemic .
“ Would it stay in Alaska in some form or another , or would it be dispersed across the United States ?
” the Obama appointee asked .
“ Treasury ’ s @ @ @ @ @ @ @ those of us on the outside , ” Kanji said , admitting he did not know where the funding would ultimately land .
Facing a question along the same lines from U.S .
Circuit Judge Karen L. Henderson , a George H.W .
Bush appointee , the attorney reassured the court that the state of Alaska is also providing emergency relief funding .
“ They certainly won ’ t be left out in the cold , ” Kanji said of the Alaskan Native communities .
The dispute comes down to whether ANCs fall @ @ @ @ @ @ @ ” In drafting the coronavirus relief bill , Congress pointed to language in the Indian Self-Determination and Education Assistance Act that has spurred divergent interpretations of the 1975 law during the months-long legal battle that ensued .
The Trump administration has firmly argued that the uniquely situated corporations qualify as Indian tribes under the self-determination statute .
“ It ’ s not like they were just kind of throwing the kitchen sink at anything that could possibly exist in Alaska , ” Justice Department attorney Adam C. Jed said .
However , the @ @ @ @ @ @ @ ultimately failed to concede that the term “ recognized ” as it appears in the CARES Act is a legal term of art referring to federally recognized tribes .
Turning to what other federal relief may be available to the ANCs , Henderson asked whether the corporations had sought money from the Paycheck Protection Program , which provided funds for businesses to make payroll and cover other operating expenses .
Attorney Paul D. Clement , arguing for the ANCs , said the corporations had applied for relief under the program , but quickly @ @ @ @ @ @ @ to the arguments before the D.C .
Circuit .
He warned the three-judge panel that concluding the ANCs are ineligible for CARES relief would have serious repercussions for Alaskan Natives .
He said because the Treasury Department had distributed the money to tribes based on population , the large number of Natives registered as employees for ANCs rather than with a particular Alaskan tribe would miss out .
“ Alaskan Natives will be systemically undercounted in the allocation of funds , ” Clement said .
But the tribes argued just the opposite , @ @ @ @ @ @ @ Natives both in Alaska and the Lower 48 .
“ Because it would bring all those large multinational corporation employees within that count .
.
.
There would be a much more important overcount problem , ” Kanji said .
But Millet countered the warning by saying that problem does not arise under the Treasury Department view of the statute including ANCs as eligible for federal aid .
U.S .
Circuit Judge Gregory Katsas , appointed by President Donald Trump , rounded out the panel .

Nearly six months after Congress earmarked $8 billion for Native tribes in the CARES Act, the Treasury Department argued to the D.C. Circuit on Friday that it can lawfully hand out portions of the coronavirus relief funds to Alaska Native corporations.
WASHINGTON (CN) — Nearly six months after Congress earmarked $8 billion for Native tribes in the CARES Act, the Treasury Department argued to the D.C. Circuit on Friday that it can lawfully hand out portions of the coronavirus relief funds to Alaska Native corporations.
Over a dozen tribes have challenged the plan by the Trump administration to send federal money to the so-called ANCs. They argue Congress intended for the pandemic relief to go only to the 574 tribes — many hard hit by the deadly outbreak and the economic fallout it triggered — that have a government-to-government relationship with the United States.
“Corporations do not have sovereign governmental powers. They do not enjoy the government-to-government relationship with the United States,” attorney Riyaz Kanji, arguing for tribes from Alaska and the Lower 48, said Friday.
U.S. District Judge Amit Mehta first granted a temporary block on the distribution of CARES Act funds to ANCs, but reversed course in his final ruling in June.
“It stands to reason that Congress, in its effort to distribute emergency funds quickly to Indians under the CARES Act, intended to get those dollars in the hands of the same entities that deliver public services to Indians. In the lower 48 states, those entities are largely Tribal governments in the traditional sense, but in Alaska, those entities include Alaska Native village and regional corporations,” the Obama appointee wrote.
The tribes appealing the decision indicated Friday that they may request an extension of the stay currently set to expire on Sep. 15 while the D.C. Circuit considers the case.
Formed in a 1971 agreement between the federal government, the state of Alaska and Alaskan Natives, ANCs argue they are eligible for CARES relief because they provide critical services to Alaskan Natives in remote areas of the state where no federally recognized tribe operates.
U.S. Circuit Judge Patricia Millett questioned Friday if reversing the district court decision would leave individuals in the Last Frontier to suffer without federal relief during the pandemic.
“Would it stay in Alaska in some form or another, or would it be dispersed across the United States?” the Obama appointee asked.
“Treasury’s allocation formula is a black box for those of us on the outside,” Kanji said, admitting he did not know where the funding would ultimately land.
Facing a question along the same lines from U.S. Circuit Judge Karen L. Henderson, a George H.W. Bush appointee, the attorney reassured the court that the state of Alaska is also providing emergency relief funding.
“They certainly won’t be left out in the cold,” Kanji said of the Alaskan Native communities.
The dispute comes down to whether ANCs fall under the definition of “Indian tribe.” In drafting the coronavirus relief bill, Congress pointed to language in the Indian Self-Determination and Education Assistance Act that has spurred divergent interpretations of the 1975 law during the months-long legal battle that ensued.
The Trump administration has firmly argued that the uniquely situated corporations qualify as Indian tribes under the self-determination statute.
“It’s not like they were just kind of throwing the kitchen sink at anything that could possibly exist in Alaska,” Justice Department attorney Adam C. Jed said.
However, the tribes argued Friday that the district court ultimately failed to concede that the term “recognized” as it appears in the CARES Act is a legal term of art referring to federally recognized tribes.
Turning to what other federal relief may be available to the ANCs, Henderson asked whether the corporations had sought money from the Paycheck Protection Program, which provided funds for businesses to make payroll and cover other operating expenses.
Attorney Paul D. Clement, arguing for the ANCs, said the corporations had applied for relief under the program, but quickly followed up that it was not relevant to the arguments before the D.C. Circuit.
He warned the three-judge panel that concluding the ANCs are ineligible for CARES relief would have serious repercussions for Alaskan Natives.
He said because the Treasury Department had distributed the money to tribes based on population, the large number of Natives registered as employees for ANCs rather than with a particular Alaskan tribe would miss out.
“Alaskan Natives will be systemically undercounted in the allocation of funds,” Clement said.
But the tribes argued just the opposite, that including the ANC workforces would disadvantage Natives both in Alaska and the Lower 48.
“Because it would bring all those large multinational corporation employees within that count . . . There would be a much more important overcount problem,” Kanji said.
But Millet countered the warning by saying that problem does not arise under the Treasury Department view of the statute including ANCs as eligible for federal aid.
U.S. Circuit Judge Gregory Katsas, appointed by President Donald Trump, rounded out the panel.


courthousenews--2020-09-12--Federal Judge Dismisses Bulk of Devin Nunes Family’s Defamation Suit

( CN ) — A federal judge in Iowa on Friday dismissed all but one claim in a defamation lawsuit filed by the family of California Representative Devin Nunes against Esquire magazine and one of its reporters for an article about their Iowa dairy farm .
Nunes , a Republican , has filed multiple defamation lawsuits within the past two years .
He filed his own lawsuit against the magazine , claiming the story “ Devin Nunes ’ s Family Farm Is Hiding a Politically Explosive Secret , ” published in September of 2018 , was a hit piece and @ @ @ @ @ @ @ lawsuit was dismissed by U.S. District Judge C.J .
Williams in August , finding that the article contained statements that were either true , opinion-based , or otherwise protected by the First Amendment .
Williams also presides over the family ’ s lawsuit , which he largely dismissed on Friday .
The judge pushed back on the family ’ s “ spurious allegations ” against reporter Ryan Lizza who worked for Esquire at the time .
In the original complaint , the family said Lizza wrote the piece to “ distract readers from @ @ @ @ @ @ @ sexual predator.
” Lizza was fired by The New Yorker in 2017 after he was accused of being engaged in “ improper sexual conduct , ” an accusation Lizza has denied .
“ Those allegations are immaterial , impertinent , and scandalous , ” Williams wrote .
“ Plaintiffs ’ personal attacks on Lizza have no bearing on this case.
” In his 42-page order , Judge Williams said the family failed to show that the defendants acted with malice .
“ Plaintiff cannnot rely on general assertions and must plead facts to @ @ @ @ @ @ @ ” he wrote .
“ Even if a reasonable reader could find the challenged portions or implications of the Article to be false and defamatory , plaintiffs failed to plausibly allege defendants acted with actual malice.
” The only survivable claim from the lawsuit , according to the judge , was the article ’ s assertion that undocumented workers were hired to work on the family farm .
“ Falsely accusing someone of knowingly employing undocumented workers is accusing someone of committing a crime , ” Williams wrote .
“ To falsely accuse @ @ @ @ @ @ @ defamatory .
”

A federal judge in Iowa on Friday dismissed all but one claim in a libel lawsuit filed by the family of California Representative Devin Nunes against Esquire magazine and one of its reporters for an article about their Iowa dairy farm.
(CN) — A federal judge in Iowa on Friday dismissed all but one claim in a defamation lawsuit filed by the family of California Representative Devin Nunes against Esquire magazine and one of its reporters for an article about their Iowa dairy farm.
Nunes, a Republican, has filed multiple defamation lawsuits within the past two years. He filed his own lawsuit against the magazine, claiming the story "Devin Nunes's Family Farm Is Hiding a Politically Explosive Secret," published in September of 2018, was a hit piece and "a legion of lies."
That lawsuit was dismissed by U.S. District Judge C.J. Williams in August, finding that the article contained statements that were either true, opinion-based, or otherwise protected by the First Amendment.
Williams also presides over the family's lawsuit, which he largely dismissed on Friday. The judge pushed back on the family's "spurious allegations" against reporter Ryan Lizza who worked for Esquire at the time.
In the original complaint, the family said Lizza wrote the piece to "distract readers from his negative image and history as a sexual predator." Lizza was fired by The New Yorker in 2017 after he was accused of being engaged in "improper sexual conduct," an accusation Lizza has denied.
"Those allegations are immaterial, impertinent, and scandalous," Williams wrote. "Plaintiffs’ personal attacks on Lizza have no bearing on this case."
In his 42-page order, Judge Williams said the family failed to show that the defendants acted with malice.
"Plaintiff cannnot rely on general assertions and must plead facts to support a finding of actual malice," he wrote. "Even if a reasonable reader could find the challenged portions or implications of the Article to be false and defamatory, plaintiffs failed to plausibly allege defendants acted with actual malice."
The only survivable claim from the lawsuit, according to the judge, was the article's assertion that undocumented workers were hired to work on the family farm.
"Falsely accusing someone of knowingly employing undocumented workers is accusing someone of committing a crime," Williams wrote. "To falsely accuse a person of an indictable crime is defamatory."


courthousenews--2020-09-12--California Governor Newsom Voices Support of Property Tax Overhaul

SACRAMENTO , Calif. ( CN ) — Calling a property tax reform intended to spur billions in new education funding “ long-overdue , ” California Governor Gavin Newsom on Friday endorsed a ballot measure critics claim equates to a death knell for Main Street .
Joining a coalition of labor unions , educators and mayors , Newsom says it ’ s time to overhaul the state ’ s landmark 1978 voter-approved property tax reform , Proposition 13 .
“ It ’ s a fair , phased-in and long-overdue reform to state tax policy , ” Newsom said in a statement @ @ @ @ @ @ @ California ’ s progressive fiscal values , it will exempt small businesses and residential property owners , it will fund essential services such as public schools and public safety , and , most importantly , it will be decided by a vote of the people.
” The proponents are looking to stash a central tenet of Proposition 13 that caps property taxes at 1 % of purchase price and a complimentary anti-inflation clause limiting annual increases from exceeding 2 % .
Right now , if a property is sold , it is reassessed @ @ @ @ @ @ @ on the same street can have vastly different taxable value depending on when they were last sold .
The coalition turned in over 1 million voter signatures and officially qualified the “ Schools and Communities First ” measure last May .
The so-called split-roll measure will appear on the November ballot as Proposition 15 .
While the measure was initially proposed prior to the pandemic , supporters are casting the reform as a much-needed means of budget relief for cash-strapped schools and local governments .
They claim a loophole in the decades-old tax @ @ @ @ @ @ @ property owners to avoid paying their fair share of taxes , and that closing it will help pull municipalities out of the red .
According to the proponents , the reform could produce up to $ 11.5 billion annually .
Seeking to make property taxes more predictable and stable , nearly 63 % of voters in 1978 agreed to amend the state constitution and slow tax increases for both commercial and residential property .
The idea was to brace owners from runaway tax bills caused by increased property values .
Securing Newsom ’ @ @ @ @ @ @ @ the proponents , as former politicians like former Gov .
Jerry Brown have referred to the property tax code as “ sacred ” and the “ third rail ” of state politics .
Both the supporters and the business groups opposing the initiative have been lobbying hard for the governor ’ s endorsement .
“ Governor Newsom ’ s endorsement of Prop .
15 represents another watershed moment in the push to close corporate tax loopholes so Californians can reclaim billions for schools and essential local services .
This is a critical boost @ @ @ @ @ @ @ head into the final stretch , ” said Alex Stack , Yes on 15 communications director .
Other supporters include various labor unions , education officials and a nonprofit run by Facebook CEO Mark Zuckerberg and his wife Priscilla Chan .
The California Democratic Party has also endorsed the initiative and former Vice President Joe Biden offered his support for the overhaul last fall .
On the other side , business and anti-tax groups are warning the “ tax hike ” will force landlords to charge higher rents , which will ultimately be @ @ @ @ @ @ @ , the governor supported $ 11.5 billion in higher property taxes , which will mean increased costs for the same small and minority-owned businesses he ’ s forced to close for the last six months .
Now is not the time to support the largest property tax in California history and make our cost of living crisis even worse , ” the opposing campaign responded to Newsom ’ s announcement .
Members of the opposition campaign include the California Business Roundtable , California Farm Bureau Federation , Latino Business Association and the Howard @ @ @ @

Calling a property tax reform intended to spur billions in new education funding “long-overdue,” California Governor Gavin Newsom on Friday endorsed a ballot measure critics claim equates to a death knell for Main Street.
SACRAMENTO, Calif. (CN) — Calling a property tax reform intended to spur billions in new education funding “long-overdue,” California Governor Gavin Newsom on Friday endorsed a ballot measure critics claim equates to a death knell for Main Street.
Joining a coalition of labor unions, educators and mayors, Newsom says it’s time to overhaul the state’s landmark 1978 voter-approved property tax reform, Proposition 13.
“It’s a fair, phased-in and long-overdue reform to state tax policy,” Newsom said in a statement. “It’s consistent with California’s progressive fiscal values, it will exempt small businesses and residential property owners, it will fund essential services such as public schools and public safety, and, most importantly, it will be decided by a vote of the people.”
The proponents are looking to stash a central tenet of Proposition 13 that caps property taxes at 1% of purchase price and a complimentary anti-inflation clause limiting annual increases from exceeding 2%.
Right now, if a property is sold, it is reassessed at current cash value, meaning properties on the same street can have vastly different taxable value depending on when they were last sold.
The coalition turned in over 1 million voter signatures and officially qualified the “Schools and Communities First” measure last May. The so-called split-roll measure will appear on the November ballot as Proposition 15.
While the measure was initially proposed prior to the pandemic, supporters are casting the reform as a much-needed means of budget relief for cash-strapped schools and local governments.
They claim a loophole in the decades-old tax code has allowed big businesses and commercial property owners to avoid paying their fair share of taxes, and that closing it will help pull municipalities out of the red. According to the proponents, the reform could produce up to $11.5 billion annually.
Seeking to make property taxes more predictable and stable, nearly 63% of voters in 1978 agreed to amend the state constitution and slow tax increases for both commercial and residential property. The idea was to brace owners from runaway tax bills caused by increased property values.
Securing Newsom’s endorsement is a notable feat for the proponents, as former politicians like former Gov. Jerry Brown have referred to the property tax code as “sacred” and the “third rail” of state politics. Both the supporters and the business groups opposing the initiative have been lobbying hard for the governor’s endorsement.
“Governor Newsom’s endorsement of Prop. 15 represents another watershed moment in the push to close corporate tax loopholes so Californians can reclaim billions for schools and essential local services. This is a critical boost of momentum for the campaign as we head into the final stretch,” said Alex Stack, Yes on 15 communications director.
Other supporters include various labor unions, education officials and a nonprofit run by Facebook CEO Mark Zuckerberg and his wife Priscilla Chan. The California Democratic Party has also endorsed the initiative and former Vice President Joe Biden offered his support for the overhaul last fall.
On the other side, business and anti-tax groups are warning the “tax hike” will force landlords to charge higher rents, which will ultimately be passed down to consumers.
“Today, the governor supported $11.5 billion in higher property taxes, which will mean increased costs for the same small and minority-owned businesses he’s forced to close for the last six months. Now is not the time to support the largest property tax in California history and make our cost of living crisis even worse,” the opposing campaign responded to Newsom’s announcement.
Members of the opposition campaign include the California Business Roundtable, California Farm Bureau Federation, Latino Business Association and the Howard Jarvis Taxpayers Association.