courthousenews--2020-08-19--Record Recovery Evaporates With Detail on Suffering Sectors

Wall Street wasn ’ t able to keep the positivity rolling a day after the shortest bear market on record ended .
MANHATTAN ( CN ) — Investors weren ’ t able to keep the party rolling after the S & P 500 officially made back all of its Covid-related losses on Tuesday .
By the closing bell on Wednesday , the S & P 500 dropped 0.44 % .
The Dow Jones Industrial Average and Nasdaq also both lost for the day , falling 0.3 % and 0.57 % , respectively .
The 3,389-point high mark that the S @ @ @ @ @ @ @ end of the current bear market , one of the fastest investor recoveries in Wall Street history .
But the Federal Reserve put a bit of a damper on the party when it released the minutes from its July 28-29 Federal Open Market Committee meeting , noting that certain sectors in the S & P 500 have fared much differently than the few success stories driving the index .
“ Virus-sensitive sectors and firms with weaker fundamentals under-performed over the period , as they had over the broader pandemic episode , ” according @ @ @ @ @ @ @ S & P 500 “ has been supported by its significant share of technology firms , many of which have been relatively resilient to virus containment measures.
” Once again the central bank noted it will keep the federal funds rate at 0 % to 0.25 % until the economy strengthens — though it also once again failed to say what threshold the economy would need to hit for that to happen .
The committee ’ s members predict inflation to remain subdued through the rest of the year but said another round @ @ @ @ @ @ @ of coronavirus could cause GDP to plummet and unemployment to spike again .
“ The path of the economy would depend significantly on the course of the virus , and that the ongoing public health crisis would weigh heavily on economic activity , employment , and inflation in the near term and [ pose ] considerable risks to the economic outlook in the medium term , ” the Fed warned .
Cases of coronavirus continue to roll in , with Florida on Wednesday joining the ignominious group of states with at least 10,000 @ @ @ @ @ @ @ New York , New Jersey and Texas had previously hit that grim mark .
According to data compiled by Johns Hopkins University , more than 22 million have contracted Covid-19 worldwide , while roughly 782,000 have died .
In the United States alone , almost 5.5 million have been confirmed infected while more than 172,000 have died .
The quick recovery on Wall Street contrasts with the slog many American small businesses and consumers have been facing .
According to data from Indeed , job postings through August 14 slid for the first @ @ @ @ @ @ @ been increasing steadily since May after plummeting in mid-March .
The slowdown was highest among retail and driving postings , falling 11.7 % and 14.4 % since the end of July , respectively .
Earlier in the day , markets had been encouraged by a positive earnings report by several retailers .
Target posted a 24.3 % year-over-year increase in the company ’ s sales , the best the company has ever reported .
The company ’ s net earnings jumped more than 80 % over that period .
The biggest increase was @ @ @ @ @ @ @ , which grew nearly 200 % compared with the second quarter of 2019 .
Its same-day services also predictably saw a jump , though the 273 % increase was likely greater than what many analysts had expected .
Target ’ s success story has been a model for many retailers during the Covid-19 shutdowns .
“ Add Target to the list of retailers that has benefited from being open throughout the pandemic with many of its retail competitors forced to close , the recipient of some of the very generous stimulus checks , @ @ @ @ @ @ @ experiences ( where many are closed ) to goods , ” wrote Peter Boockvar , chief investment officer at Bleakley Advisory Group .
Target ’ s success is a drop in the bucket , however , compared with online competitor Amazon , whose market capitalization is roughly $ 1.6 trillion .
Boockvar noted that Amazon ’ s market-cap increase on Tuesday equaled nearly the entirety of Target ’ s $ 77 billion market cap .
Lowe ’ s also saw an increase in earnings , from $ 1.7 billion in Q2 2019 to @ @ @ @ @ @ @ of the home-improvement store ’ s merchandising divisions saw at least a 20 % jump in sales growth , driven mostly by the flare-up of home-renovation projects during the lockdown .
Wall Street also was amazed by Apple , which on Wednesday hit a market capitalization of at least $ 2 trillion — the first U.S. company to reach such a high mark .
The only other company in the world to hit the $ 2 trillion mark is Saudi Arabia ’ s state-owned energy company Saudi Aramco .
Apple has ripened well @ @ @ @ @ @ @ gaining almost 60 % in 2020 , when its market cap was roughly $ 1.3 trillion .
The company has gained more than $ 400 billion this month so far alone .

Investors weren’t able to keep the party rolling after the S&P 500 officially made back all of its Covid-related losses on Tuesday.
Wall Street wasn’t able to keep the positivity rolling a day after the shortest bear market on record ended.
Alex Santana, left, Jim Soldate and Donna Blair, right, rally outside of the Clark County Commission Building on Tuesday, Aug. 18, 2020, in Las Vegas. Labor unions are launching a campaign to save jobs and win the “Right to Return” for hospitality, convention and trade shows, airport, entertainment, and hospital workers throughout Clark County. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
MANHATTAN (CN) — Investors weren’t able to keep the party rolling after the S&P 500 officially made back all of its Covid-related losses on Tuesday.
By the closing bell on Wednesday, the S&P 500 dropped 0.44%. The Dow Jones Industrial Average and Nasdaq also both lost for the day, falling 0.3% and 0.57%, respectively.
The 3,389-point high mark that the S&P 500 reached Tuesday marked the end of the current bear market, one of the fastest investor recoveries in Wall Street history.
But the Federal Reserve put a bit of a damper on the party when it released the minutes from its July 28-29 Federal Open Market Committee meeting, noting that certain sectors in the S&P 500 have fared much differently than the few success stories driving the index.
“Virus-sensitive sectors and firms with weaker fundamentals under-performed over the period, as they had over the broader pandemic episode,” according to the minutes, which say the S&P 500 “has been supported by its significant share of technology firms, many of which have been relatively resilient to virus containment measures.”
Once again the central bank noted it will keep the federal funds rate at 0% to 0.25% until the economy strengthens — though it also once again failed to say what threshold the economy would need to hit for that to happen.
The committee’s members predict inflation to remain subdued through the rest of the year but said another round of closures due to a second wave of coronavirus could cause GDP to plummet and unemployment to spike again.
“The path of the economy would depend significantly on the course of the virus, and that the ongoing public health crisis would weigh heavily on economic activity, employment, and inflation in the near term and [pose] considerable risks to the economic outlook in the medium term,” the Fed warned.
Cases of coronavirus continue to roll in, with Florida on Wednesday joining the ignominious group of states with at least 10,000 deaths from the virus. California, New York, New Jersey and Texas had previously hit that grim mark.
According to data compiled by Johns Hopkins University, more than 22 million have contracted Covid-19 worldwide, while roughly 782,000 have died. In the United States alone, almost 5.5 million have been confirmed infected while more than 172,000 have died.
The quick recovery on Wall Street contrasts with the slog many American small businesses and consumers have been facing. According to data from Indeed, job postings through August 14 slid for the first time since April.
Job postings had been increasing steadily since May after plummeting in mid-March. The slowdown was highest among retail and driving postings, falling 11.7% and 14.4% since the end of July, respectively.
Earlier in the day, markets had been encouraged by a positive earnings report by several retailers.
Target posted a 24.3% year-over-year increase in the company’s sales, the best the company has ever reported. The company’s net earnings jumped more than 80% over that period.
The biggest increase was among the company’s digital sales, which grew nearly 200% compared with the second quarter of 2019. Its same-day services also predictably saw a jump, though the 273% increase was likely greater than what many analysts had expected.
Target’s success story has been a model for many retailers during the Covid-19 shutdowns.
“Add Target to the list of retailers that has benefited from being open throughout the pandemic with many of its retail competitors forced to close, the recipient of some of the very generous stimulus checks, and consumers shifting around their spending from experiences (where many are closed) to goods,” wrote Peter Boockvar, chief investment officer at Bleakley Advisory Group.
Target’s success is a drop in the bucket, however, compared with online competitor Amazon, whose market capitalization is roughly $1.6 trillion. Boockvar noted that Amazon’s market-cap increase on Tuesday equaled nearly the entirety of Target’s $77 billion market cap.
Lowe’s also saw an increase in earnings, from $1.7 billion in Q2 2019 to $2.8 billion last quarter. All of the home-improvement store’s merchandising divisions saw at least a 20% jump in sales growth, driven mostly by the flare-up of home-renovation projects during the lockdown.
Wall Street also was amazed by Apple, which on Wednesday hit a market capitalization of at least $2 trillion — the first U.S. company to reach such a high mark. The only other company in the world to hit the $2 trillion mark is Saudi Arabia’s state-owned energy company Saudi Aramco.
Apple has ripened well during the coronavirus, with its stock gaining almost 60% in 2020, when its market cap was roughly $1.3 trillion. The company has gained more than $400 billion this month so far alone.


courthousenews--2020-08-20--Study Reveals Children Are Silent Spreaders of Covid Virus

( CN ) — A study of pediatric patients with Covid-19 shows that infected children are much more contagious than adults — and they often don ’ t have any symptoms at all .
The most comprehensive study of Covid-19 pediatric patients to date , researchers with Massachusetts General Hospital ( MGH ) and Massachusetts General Hospital for Children ( MGHfC ) studied 192 young people ranging in age from infant to age 22 .
They found 49 children tested positive for SARS-CoV-2 , the novel coronavirus which causes Covid-19 , and an additional 18 children had late-onset Covid-19-related illness @ @ @ @ @ @ @ have a significantly higher level of virus in their airways than adults hospitalized in ICUs for Covid-19 treatment .
A higher viral load increases the risk of contagion .
And the study , published in the Journal of Pediatrics , found that even when children exhibit known Covid-19 symptoms such as fever , runny nose and cough , they often overlap with common childhood illnesses like influenza or the common cold .
This makes it harder to reach an accurate diagnosis of Covid-19 in children .
There is a widespread belief that children @ @ @ @ @ @ @ or even immune to it .
However , the U.S. Centers for Disease Control website points out that while children comprise 22 % of the U.S. population — but only 7.3 % of Covid-19 cases reported to the CDC involved children — the number and rate of cases in children in the United States have been steadily increasing .
The CDC also notes that “ the true incidence of SARS-CoV-2 infection in children is not known due to lack of widespread testing and the prioritization of testing for adults and those with severe @ @ @ @ @ @ @ to be asymptomatic carriers or carriers with few symptoms , they may go on attending school or day care .
In this way , children can spread infection and bring the virus into their homes .
This is a particular concern for low-income households and multigenerational families with vulnerable older adults in the same household .
In the MGHfC study , 51 % of children with acute Covid-19 infection came from low-income communities compared to 2 % from high-income communities .
The findings have serious implications for the reopening of schools , day @ @ @ @ @ @ @ high density of children and close interaction with teachers and staff members .
“ Kids are not immune from this infection , and their symptoms don ’ t correlate with exposure and infection , ” said Alessio Fasano , director of the Mucosal Immunology and Biology Research Center at MGH and senior author of the study .
“ During this Covid-19 pandemic , we have mainly screened symptomatic subjects , so we have reached the erroneous conclusion that the vast majority of people infected are adults .
However , our results show that @ @ @ @ @ @ @ .
We should not discount children as potential spreaders for this virus.
” The researchers believe the most critical question to the prevention of Covid-19 transmission by children returning to schools and day cares is what steps the schools will implement “ to keep the kids , teachers , and personnel safe.
” The study authors recommend not relying on body temperature or symptom monitoring to identify Covid-19 infection in the school setting , routine and continued screening of all students for Covid-19 infection with timely reporting of the results an imperative part @ @ @ @ @ @ @ control measures such as social distancing , universal mask use , effective hand-washing , and a combination of remote and in-person learning .
“ This study provides much-needed facts for policymakers to make the best decisions possible for schools , day care centers and other institutions that serve children , ” Fasano said .
“ Kids are a possible source of spreading this virus , and this should be taken into account in the planning stages for reopening schools.
” The authors of the study warn that “ If schools were to reopen @ @ @ @ @ @ @ likely that children will play a larger role in this pandemic .
”

A study of pediatric patients with Covid-19 shows that infected children are much more contagious than adults — and they often don’t have any symptoms at all.
(CN) — A study of pediatric patients with Covid-19 shows that infected children are much more contagious than adults — and they often don’t have any symptoms at all.
The most comprehensive study of Covid-19 pediatric patients to date, researchers with Massachusetts General Hospital (MGH) and Massachusetts General Hospital for Children (MGHfC) studied 192 young people ranging in age from infant to age 22. They found 49 children tested positive for SARS-CoV-2, the novel coronavirus which causes Covid-19, and an additional 18 children had late-onset Covid-19-related illness. The infected children were shown to have a significantly higher level of virus in their airways than adults hospitalized in ICUs for Covid-19 treatment.
A higher viral load increases the risk of contagion. And the study, published in the Journal of Pediatrics, found that even when children exhibit known Covid-19 symptoms such as fever, runny nose and cough, they often overlap with common childhood illnesses like influenza or the common cold. This makes it harder to reach an accurate diagnosis of Covid-19 in children.
There is a widespread belief that children are less susceptible to Covid-19 infection, or even immune to it. However, the U.S. Centers for Disease Control website points out that while children comprise 22% of the U.S. population — but only 7.3% of Covid-19 cases reported to the CDC involved children — the number and rate of cases in children in the United States have been steadily increasing.
The CDC also notes that “the true incidence of SARS-CoV-2 infection in children is not known due to lack of widespread testing and the prioritization of testing for adults and those with severe illness.”
Because children are more likely to be asymptomatic carriers or carriers with few symptoms, they may go on attending school or day care. In this way, children can spread infection and bring the virus into their homes. This is a particular concern for low-income households and multigenerational families with vulnerable older adults in the same household. In the MGHfC study, 51% of children with acute Covid-19 infection came from low-income communities compared to 2% from high-income communities.
The findings have serious implications for the reopening of schools, day care centers and other locations with a high density of children and close interaction with teachers and staff members.
“Kids are not immune from this infection, and their symptoms don’t correlate with exposure and infection,” said Alessio Fasano, director of the Mucosal Immunology and Biology Research Center at MGH and senior author of the study. “During this Covid-19 pandemic, we have mainly screened symptomatic subjects, so we have reached the erroneous conclusion that the vast majority of people infected are adults. However, our results show that kids are not protected against this virus. We should not discount children as potential spreaders for this virus.”
The researchers believe the most critical question to the prevention of Covid-19 transmission by children returning to schools and day cares is what steps the schools will implement “to keep the kids, teachers, and personnel safe.”
The study authors recommend not relying on body temperature or symptom monitoring to identify Covid-19 infection in the school setting, routine and continued screening of all students for Covid-19 infection with timely reporting of the results an imperative part of a safe return-to-school policy, and control measures such as social distancing, universal mask use, effective hand-washing, and a combination of remote and in-person learning.
“This study provides much-needed facts for policymakers to make the best decisions possible for schools, day care centers and other institutions that serve children,” Fasano said. “Kids are a possible source of spreading this virus, and this should be taken into account in the planning stages for reopening schools.”
The authors of the study warn that “If schools were to reopen fully without necessary precautions, it is likely that children will play a larger role in this pandemic.”


courthousenews--2020-08-20--Fired Oakland Police Chief Files Whistleblower Lawsuit Against City

OAKLAND , Calif. ( CN ) — Fired Oakland Police Chief Anne Kirkpatrick followed through on a promise to sue the city of Oakland for retaliation , filing a federal lawsuit Wednesday that claims she was booted from the job for reporting corruption and misconduct in the police commission .
Her lawsuit claims members of the police commission , a civilian body formed in 2016 to oversee the police department , routinely abused their power and demanded special treatment .
Kirkpatrick ’ s complaint accuses commissioners of interfering with the department ’ s day-to-day operations , bullying police department staff @ @ @ @ @ @ @ in connection with an investigation into racial bias in the department .
Kirkpatrick also says they tried to steer police resources toward their own neighborhoods and that one commissioner who believed she had been illegally towed tried to use her position to challenge a tow truck fee .
“ Commissioners regularly attempt to exceed their authority .
Anybody who speaks out about these abuses is bullied , threatened , and retaliated against , ” Kirkpatrick ’ s lawsuit says .
“ For nearly three years , Chief Kirkpatrick raised a series of alarms @ @ @ @ @ @ @ believed violated the law .
Those alarms went largely unheeded .
Finally , caving to pressure from those same lawless commissioners , the city fired its most progressive chief in decades in retaliation for blowing the whistle.
” Established by voters in 2016 , the Oakland Police Commission wields limited power to change department policies and review officer misconduct .
And it can unilaterally fire police chiefs for cause , or without cause if the mayor approves .
Kirkpatrick was fired by the commission and Mayor Libby Schaaf in February 2020 .
Schaaf @ @ @ @ @ @ @ on Feb. 20 , but weeks earlier , Kirkpatrick had received a visit from the mayor who informed her of the commission ’ s intention to fire her .
“ The city never offered the chief an administrative hearing as required under the Peace Officer ’ s Bill of Rights , nor did it afford her an opportunity to appeal the city ’ s decision before a neutral decision maker , ” Kirkpatrick ’ s lawsuit says .
Kirkpatrick believes she was fired in retaliation for submitting multiple reports on the police commission @ @ @ @ @ @ @ the city ’ s attorney ’ s office , reports she says were ignored .
“ She did what she thought was her right and her obligation .
She reported what she thought was wrong , ” said her attorney R. James Slaughter , partner with Keker Van Nest & Peters .
“ We ’ re going to prove she was fired because of retaliation.
” He said Kirkpatrick “ cares deeply about progressive , effective policing and the city of Oakland , ” but that the commission has been “ a fundamental @ @ @ @ @ @ @ a member of the Oakland Police Department treated a citizen of Oakland the way these commissioners regularly treated the chief and the command staff , they would be reprimanded or fired , ” Slaughter said .
“ It was atrocious.
” The lawsuit raises one incident on Oct. 10 , 2019 , where Kirkpatrick ’ s senior civilian aide Virginia Gleason gave a presentation on the department ’ s efforts to hire a more diverse group of officers .
Gleason was unprepared to give her report on that date , the lawsuit says @ @ @ @ @ @ @ vacation to give it anyway .
The lawsuit says that the commission launched into “ heated criticism ” almost immediately , berating Gleason for her lack of preparation .
“ The Commissioners ’ breathtakingly abusive and harassing conduct , unbecoming of public officials—and recorded on video—was a bridge too far , ” Kirkpatrick says in her complaint .
Kirkpatrick demanded an apology from the commission .
Oakland Police Commission Chair Regina Jackson remembers the incident differently .
She says the report Gleason was supposed to give was over six months late .
“ @ @ @ @ @ @ @ her in the midst of her presentation because she was giving an overview we had not asked for , ” Jackson said .
She said she didn ’ t recall any abusive language being used .
Jackson said the commission often asked pointed questions of Kirkpatrick and department employees , but that didn ’ t rise to the level of harassment her lawsuit claims .
“ She had significant trouble reporting to a volunteer body .
I think we asked a lot of direct questions and I don ’ t consider those bullying @ @ @ @ @ @ @ you ’ re used to people talking to you as cotton candy , a direct question may seem abrasive .
But direct is direct.
” Jackson said the commission didn ’ t know that Kirkpatrick had filed a formal complaint until after they voted to fire her .
“ We didn ’ t know about the complaint in order to terminate her for whistleblowing .
So it ’ s kind of hard to terminate her for blowing a whistle we didn ’ t know was blown , ” Jackson said in an interview @ @ @ @ @ @ @ decision to terminate her , made in partnership with the mayor who also thought it appropriate for her to be terminated .
It sounds more like sour grapes than anything.
” Jackson said the commission “ just knew [ Kirkpatrick } was not going to be the transformational chief she claimed she was.
” Kirkpatrick came under fire for the way she handled the fatal police shooting of Joshua Pawlik in 2018 , a homeless man found sleeping with a gun at his side in a West Oakland alley on March 11 , @ @ @ @ @ @ @ 22 rounds at Pawlik said he was alert and awake , and that he pointed a gun at them , a version of the event that conflicts with video footage .
Robert Warshaw , a monitor appointed by a federal judge to oversee reforms in the department stemming from a settlement in a civil rights lawsuit about police misconduct and abuse , criticized Kirkpatrick ’ s “ premature ” support of the officers ’ account , most recently in a report released Monday .
Warshaw also supported her firing , Kirkpatrick ’ s @ @ @ @ @ @ @ former chief has also called for his removal , saying he ’ s more concerned with his hefty paycheck than helping the police department comply with court-mandated reforms .
A federal judge approved another payment of some $ 98,000 to Warshaw & Associates Inc. on Wednesday .
She reiterated that criticism on Wednesday through her attorney , who called Warshaw an “ outsider who is bilking the city.
” “ Warshaw is concerned about Warshaw and not this department , ” Slaughter said .
Kirkpatrick is seeking an undisclosed amount in damages for @ @ @ @ @ @ @ future earnings from Feb. 20 , 2020 through Feb. 26 , 2022 , the date her contract was set to end .
Supervising Deputy City Attorney Zoe Savitsky said the Oakland City Attorney ’ s Office “ has no comment at this time .
”

Fired Oakland Police Chief Anne Kirkpatrick followed through on a promise to sue the city of Oakland for retaliation, filing a federal lawsuit Wednesday that claims she was booted from the job for reporting corruption and misconduct in the police commission.
OAKLAND, Calif. (CN) — Fired Oakland Police Chief Anne Kirkpatrick followed through on a promise to sue the city of Oakland for retaliation, filing a federal lawsuit Wednesday that claims she was booted from the job for reporting corruption and misconduct in the police commission.
Her lawsuit claims members of the police commission, a civilian body formed in 2016 to oversee the police department, routinely abused their power and demanded special treatment.
Kirkpatrick’s complaint accuses commissioners of interfering with the department’s day-to-day operations, bullying police department staff and demanding access to confidential personnel records in connection with an investigation into racial bias in the department.
Kirkpatrick also says they tried to steer police resources toward their own neighborhoods and that one commissioner who believed she had been illegally towed tried to use her position to challenge a tow truck fee.
"Commissioners regularly attempt to exceed their authority. Anybody who speaks out about these abuses is bullied, threatened, and retaliated against,” Kirkpatrick’s lawsuit says. "For nearly three years, Chief Kirkpatrick raised a series of alarms about this commissioner misconduct, which she believed violated the law. Those alarms went largely unheeded. Finally, caving to pressure from those same lawless commissioners, the city fired its most progressive chief in decades in retaliation for blowing the whistle.”
Established by voters in 2016, the Oakland Police Commission wields limited power to change department policies and review officer misconduct. And it can unilaterally fire police chiefs for cause, or without cause if the mayor approves.
Kirkpatrick was fired by the commission and Mayor Libby Schaaf in February 2020. Schaaf delivered the news to Kirkpatrick by phone on Feb. 20, but weeks earlier, Kirkpatrick had received a visit from the mayor who informed her of the commission’s intention to fire her.
“The city never offered the chief an administrative hearing as required under the Peace Officer’s Bill of Rights, nor did it afford her an opportunity to appeal the city’s decision before a neutral decision maker,” Kirkpatrick’s lawsuit says.
Kirkpatrick believes she was fired in retaliation for submitting multiple reports on the police commission to the mayor, city administrator and the city’s attorney’s office, reports she says were ignored.
“She did what she thought was her right and her obligation. She reported what she thought was wrong,” said her attorney R. James Slaughter, partner with Keker Van Nest & Peters. "We're going to prove she was fired because of retaliation.”
He said Kirkpatrick “cares deeply about progressive, effective policing and the city of Oakland,” but that the commission has been “a fundamental impediment to effective oversight.”
“If a member of the Oakland Police Department treated a citizen of Oakland the way these commissioners regularly treated the chief and the command staff, they would be reprimanded or fired,” Slaughter said. “It was atrocious.”
The lawsuit raises one incident on Oct. 10, 2019, where Kirkpatrick’s senior civilian aide Virginia Gleason gave a presentation on the department’s efforts to hire a more diverse group of officers. Gleason was unprepared to give her report on that date, the lawsuit says, but she cancelled a planned family vacation to give it anyway.
The lawsuit says that the commission launched into “heated criticism” almost immediately, berating Gleason for her lack of preparation.
"The Commissioners’ breathtakingly abusive and harassing conduct, unbecoming of public officials—and recorded on video—was a bridge too far,” Kirkpatrick says in her complaint.
Kirkpatrick demanded an apology from the commission.
Oakland Police Commission Chair Regina Jackson remembers the incident differently. She says the report Gleason was supposed to give was over six months late.
“I know I myself had to redirect her in the midst of her presentation because she was giving an overview we had not asked for,” Jackson said. She said she didn’t recall any abusive language being used.
Jackson said the commission often asked pointed questions of Kirkpatrick and department employees, but that didn’t rise to the level of harassment her lawsuit claims.
“She had significant trouble reporting to a volunteer body. I think we asked a lot of direct questions and I don't consider those bullying,” Jackson said. “If you're used to people talking to you as cotton candy, a direct question may seem abrasive. But direct is direct.”
Jackson said the commission didn’t know that Kirkpatrick had filed a formal complaint until after they voted to fire her.
"We didn't know about the complaint in order to terminate her for whistleblowing. So it's kind of hard to terminate her for blowing a whistle we didn't know was blown,” Jackson said in an interview Wednesday. “It was a unanimous decision to terminate her, made in partnership with the mayor who also thought it appropriate for her to be terminated. It sounds more like sour grapes than anything.”
Jackson said the commission “just knew [Kirkpatrick} was not going to be the transformational chief she claimed she was.”
Kirkpatrick came under fire for the way she handled the fatal police shooting of Joshua Pawlik in 2018, a homeless man found sleeping with a gun at his side in a West Oakland alley on March 11, 2018. The five cops who fired 22 rounds at Pawlik said he was alert and awake, and that he pointed a gun at them, a version of the event that conflicts with video footage.
Robert Warshaw, a monitor appointed by a federal judge to oversee reforms in the department stemming from a settlement in a civil rights lawsuit about police misconduct and abuse, criticized Kirkpatrick’s “premature” support of the officers’ account, most recently in a report released Monday.
Warshaw also supported her firing, Kirkpatrick’s lawsuit says. In turn, the former chief has also called for his removal, saying he’s more concerned with his hefty paycheck than helping the police department comply with court-mandated reforms. A federal judge approved another payment of some $98,000 to Warshaw & Associates Inc. on Wednesday.
She reiterated that criticism on Wednesday through her attorney, who called Warshaw an “outsider who is bilking the city.”
“Warshaw is concerned about Warshaw and not this department,” Slaughter said.
Kirkpatrick is seeking an undisclosed amount in damages for lost pay, benefits, and lost future earnings from Feb. 20, 2020 through Feb. 26, 2022, the date her contract was set to end.
Supervising Deputy City Attorney Zoe Savitsky said the Oakland City Attorney’s Office “has no comment at this time.”


Bridge Builder

WASHINGTON — A federal court in Washington , D.C. , denied Figg Bridge Engineers ’ motion for a temporary restraining @ @ @ @ @ on it that prevents it from participating in federal contracting .
The suspension was imposed @ @ @ @ @ to construct at Florida International University collapsed , killing six people .

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.


Hair-Length Policy

HOUSTON — A federal judge in Texas temporarily blocked Barbers Hill Independent School District from enforcing its hair-length policy , @ @ @ @ @ Black student with locs who says the policy is discriminatory .
A footnote of the @ @ @ @ @ “ the term ‘ dreadlocks ’ has its origins in slave traders ’ describing slaves @ @ @ @ @ dreadful ’ when those slaves emerged from slave ships after spending months at sea during @ @ @ @ @


‘In Da Club’

NEW YORK — The Second Circuit ruled against hip-hop artist 50 Cent in his dispute against Rick Ross arising for @ @ @ @ @ of a sample taken from 50 Cent ’ s song “ In Da Club.
” @ @ @ @ @ of violation of the Connecticut common law right of publicity is preempted by the Copyright @ @


Facebook Comments

CINCINNATI — The Sixth Circuit revived a former Emergency Medical Services captain ’ s retaliation suit in which he claimed @ @ @ @ @ incendiary comments on his private Facebook page about the police killing of 12-year-old Tamir Rice @ @ @ @ @ have to address whether the captain ’ s free speech interests outweigh the interests of @ @ @


Workers’ Comp

SAN FRANCISCO — A Washington state law that amended a workers ’ compensation scheme for workers at a decommissioned federal @ @ @ @ @ discriminate against the federal government , the Ninth Circuit ruled .
The law established for @ @ @ @ @ presumption that certain conditions and cancers are occupational diseases .


courthousenews--2020-08-20--Democrats Officially Nominate Senator Harris as VP Pick

( CN ) — Saying she stood on the shoulders of her mother and the women who achieved the right to vote 100 years before , Senator Kamala Harris accepted the Democratic party ’ s official nomination for vice president Wednesday night .
The third woman running for that office , Harris is also the first Black and Asian American to seek that position as well on a major-party ticket .
The daughter of Indian and Jamaican immigrants , the former California attorney general said her mother came to this country as a teen dreaming to cure cancer but died @ @ @ @ @ @ @ could have never imagined that I would be standing before you now speaking these words : I accept your nomination for Vice President of the United States of America .
I do so , committed to the values she taught me , ” Harris said .
Harris delivered her address on the third night of the socially distanced Democratic National Convention from Wilmington , Delaware , and used it to walk through her background while drawing distinctions between the Democrats ’ 2020 ticket and the incumbent administration .
Harris said the country is @ @ @ @ @ @ @ there is a vision of the country as a welcoming community that treats everyone with respect and dignity .
“ Today , that country feels distant , ” Harris said .
“ Donald Trump ’ s failure of leadership has cost lives and livelihoods.
” During her speech , she touted her experience as a prosecutor , taking legal proceedings to banks , transnational criminal activity and “ one of the biggest for-profit colleges.
” “ I know a predator when I see one , ” Harris said .
During Harris ’ speech @ @ @ @ @ @ @ to allude to the early debates among Democratic candidates when Harris took aim at Biden .
“ BUT DIDN ’ T SHE CALL HIM A RACIST ?
?
?
DIDN ’ T SHE SAY HE WAS INCOMPETENT ?
?
?
” Trump wrote .
Speakers at the socially distanced convention did not advocate for a reset to a time four years before the Trump administration , but advance policy proposals such as confronting climate change and reducing gun violence .
The night began with videos of activists affected by gun violence .
It @ @ @ @ @ @ @ former Arizona congresswoman who was shot in 2011 , that showed her playing the French horn and working on the delivery of her speech .
“ I put one foot in front of the other .
I found one word and then I found another , ” said Giffords , who dealt with paralysis and aphasia after the shooting .
“ We can let the shooting continue or we can act , ” she said in her pitch for Biden .
Standing before solar panels , Governor of New Mexico Michelle Lujan Grisham @ @ @ @ @ @ @ on climate change when she said time was running out to address two existential crises : Trump and the “ environmental annihilation he represents.
” “ While the Trump administration has been rolling back environmental protections , we ’ ve been expanding them , ” the governor said .
Senator Elizabeth Warren , speaking from an early childhood education center in Springfield , Massachusetts , said the Biden-Harris plan of universal preschool and affordable childcare is an economic issue .
“ We build infrastructure like roads , bridges and communications systems so that @ @ @ @ @ @ @ s time to recognize that childcare is part of the basic infrastructure of this nation — it ’ s infrastructure for families , ” Warren said .
Behind Warren ’ s left shoulder three letters stood in the wooden cubbies along the wall : B.L.M .
The convention heard from titans in the Democratic Party such as former president Barack Obama and former Secretary of State and presidential candidate Hillary Clinton who raised their rhetorical artillery against President Donald Trump and warned of new challenges to the ability to vote .
“ This @ @ @ @ @ @ @ shoulda election .
Vote like our lives and livelihoods are on the line , because they are , ” Clinton said .
Speaking live from Chappaqua , New York , Clinton wore white , a symbol of the women ’ s suffrage movement more than a century ago .
The stakes are high , Clinton said , because Trump risked American lives , leadership and jobs and four more years could make it worse .
“ Remember : Joe and Kamala can win 3 million more votes and still lose , ” Clinton @ @ @ @ @ @ @ .
We need numbers so overwhelming Trump can ’ t sneak or steal his way to victory.
” Obama , for his part , told listeners Trump never took the job of president seriously and only used it to pull attention to himself .
“ Donald Trump hasn ’ t grown into the job because he can ’ t , ” Obama said .
“ And the consequences of that failure are severe .
170,000 Americans dead .
Millions of jobs gone .
Our worst impulses unleashed.
” Obama said some of the @ @ @ @ @ @ @ outbreak of Ebola in the U.S. , passing the Affordable Care Act and its response to the Great Recession — gave Biden the experience to tackle current challenges .
Obama then attempted to set the Trump administration outside the traditional conflicts between Republicans and Democrats , saying Biden believes everyone stood under the law and the military should not be deployed against protesters inside the country .
“ These shouldn ’ t be Republican principles or Democratic principles .
They ’ re American principles , ” Obama said .
“ But at this @ @ @ @ @ @ @ enable him , have shown they don ’ t believe in these things.
” The president , Obama said , is making it difficult to vote because he can not win over Americans to support his policies .
“ Do not let them take away your power , ” Obama said , his voice growing husky .
“ Don ’ t let them take away your democracy.
” Ken Taylor , a political strategist based in Memphis , Tennessee , said Harris balanced her speech between speaking about her family and what they @ @ @ @ @ @ @ the former prosecutor , the bulldog , that will indict Biden ’ s opponent .
“ It ’ s an incredible dance and I think she does very well , ” Taylor said .
During the night , Democrats talked about issues where polling indicates they have support from wide swaths of Americans , Taylor said , issues that will serve the party as it vies for control of battleground states .
“ You can not underestimate the power that women are going to have in this election , ” Taylor said .
@ @ @ @ @ @ @ and gun control resonate with women , adding that suburban women are one of the groups who could be persuaded to switch their votes .
“ I think what Democrats have the opportunity to do and they ’ re doing very well is really using that incumbency against Donald Trump .
He ’ s made it easy , ” he said .

A day after the centennial for the ratification of the constitutional amendment enshrining women’s right to vote, the Democratic Party is set to officially nominate Senator Kamala Harris as its pick for vice president at Wednesday night’s session of the Democratic National Convention.
(CN) — Saying she stood on the shoulders of her mother and the women who achieved the right to vote 100 years before, Senator Kamala Harris accepted the Democratic party’s official nomination for vice president Wednesday night.
The third woman running for that office, Harris is also the first Black and Asian American to seek that position as well on a major-party ticket.
The daughter of Indian and Jamaican immigrants, the former California attorney general said her mother came to this country as a teen dreaming to cure cancer but died from the disease.
“She probably could have never imagined that I would be standing before you now speaking these words: I accept your nomination for Vice President of the United States of America. I do so, committed to the values she taught me,” Harris said.
Harris delivered her address on the third night of the socially distanced Democratic National Convention from Wilmington, Delaware, and used it to walk through her background while drawing distinctions between the Democrats' 2020 ticket and the incumbent administration.
Harris said the country is at an “inflection point” where there is a vision of the country as a welcoming community that treats everyone with respect and dignity.
“Today, that country feels distant,” Harris said. “Donald Trump’s failure of leadership has cost lives and livelihoods.”
During her speech, she touted her experience as a prosecutor, taking legal proceedings to banks, transnational criminal activity and “one of the biggest for-profit colleges.”
“I know a predator when I see one,” Harris said.
During Harris’ speech, President Donald Trump took to twitter to allude to the early debates among Democratic candidates when Harris took aim at Biden.
“BUT DIDN’T SHE CALL HIM A RACIST??? DIDN’T SHE SAY HE WAS INCOMPETENT???” Trump wrote.
Speakers at the socially distanced convention did not advocate for a reset to a time four years before the Trump administration, but advance policy proposals such as confronting climate change and reducing gun violence.
The night began with videos of activists affected by gun violence. It included a video of Gabby Giffords, former Arizona congresswoman who was shot in 2011, that showed her playing the French horn and working on the delivery of her speech.
“I put one foot in front of the other. I found one word and then I found another,” said Giffords, who dealt with paralysis and aphasia after the shooting.
“We can let the shooting continue or we can act,” she said in her pitch for Biden.
Standing before solar panels, Governor of New Mexico Michelle Lujan Grisham added to the convention’s messaging on climate change when she said time was running out to address two existential crises: Trump and the “environmental annihilation he represents.”
“While the Trump administration has been rolling back environmental protections, we’ve been expanding them,” the governor said.
Senator Elizabeth Warren, speaking from an early childhood education center in Springfield, Massachusetts, said the Biden-Harris plan of universal preschool and affordable childcare is an economic issue.
“We build infrastructure like roads, bridges and communications systems so that people can work. … It’s time to recognize that childcare is part of the basic infrastructure of this nation — it’s infrastructure for families,” Warren said.
Behind Warren’s left shoulder three letters stood in the wooden cubbies along the wall: B.L.M.
The convention heard from titans in the Democratic Party such as former president Barack Obama and former Secretary of State and presidential candidate Hillary Clinton who raised their rhetorical artillery against President Donald Trump and warned of new challenges to the ability to vote.
“This can’t be another woulda coulda shoulda election. Vote like our lives and livelihoods are on the line, because they are,” Clinton said.
Speaking live from Chappaqua, New York, Clinton wore white, a symbol of the women’s suffrage movement more than a century ago. The stakes are high, Clinton said, because Trump risked American lives, leadership and jobs and four more years could make it worse.
“Remember: Joe and Kamala can win 3 million more votes and still lose,” Clinton said. “Take it from me. We need numbers so overwhelming Trump can’t sneak or steal his way to victory.”
Obama, for his part, told listeners Trump never took the job of president seriously and only used it to pull attention to himself.
“Donald Trump hasn’t grown into the job because he can’t,” Obama said. “And the consequences of that failure are severe. 170,000 Americans dead. Millions of jobs gone. Our worst impulses unleashed.”
Obama said some of the accomplishments of his administration — preventing an outbreak of Ebola in the U.S., passing the Affordable Care Act and its response to the Great Recession — gave Biden the experience to tackle current challenges.
Obama then attempted to set the Trump administration outside the traditional conflicts between Republicans and Democrats, saying Biden believes everyone stood under the law and the military should not be deployed against protesters inside the country.
“These shouldn’t be Republican principles or Democratic principles. They’re American principles,” Obama said. “But at this moment, this president and those who enable him, have shown they don’t believe in these things.”
The president, Obama said, is making it difficult to vote because he cannot win over Americans to support his policies.
“Do not let them take away your power,” Obama said, his voice growing husky. “Don’t let them take away your democracy.”
Ken Taylor, a political strategist based in Memphis, Tennessee, said Harris balanced her speech between speaking about her family and what they meant to her and portraying herself as the former prosecutor, the bulldog, that will indict Biden's opponent.
"It's an incredible dance and I think she does very well," Taylor said.
During the night, Democrats talked about issues where polling indicates they have support from wide swaths of Americans, Taylor said, issues that will serve the party as it vies for control of battleground states.
"You cannot underestimate the power that women are going to have in this election," Taylor said.
Taylor said the messages surrounding child care and gun control resonate with women, adding that suburban women are one of the groups who could be persuaded to switch their votes.
"I think what Democrats have the opportunity to do and they're doing very well is really using that incumbency against Donald Trump. He's made it easy," he said.


Trade Secrets

CHICAGO — The Seventh Circuit upheld a $ 140 million compensatory damages award granted to health care software company Epic @ @ @ @ @ Tata Consultancy services for unlawfully accessing and using confidential information and trade secrets .
However @ @ @ @ @ the $ 280 million punitive damages award was constitutionally excessive .


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including a state appeals court granted an eleventh-hour stay to delay enforcement of an injunction that would have required Uber and Lyft to start classifying California drivers as employees instead of independent contractors ; New York Governor Andrew Cuomo signed into law a package of reforms expanding vote by mail ; A federal judge rejected President Donald Trump ’ s second attempt to scuttle the probe of his finances in New York , and more .
Sign up for CNS Top Eight , a @ @ @ @ @ @ @ stories delivered directly to your email Monday through Friday .
1 . )
Describing the White House ’ s expansive view of executive power as dangerous to democracy , a federal judge on Thursday rejected President Donald Trump ’ s second attempt to scuttle the probe of his finances in New York .
2 . )
After a monthslong saga during which a federal judge threatened to demolish a proposed deal to settle a class action over facial data harvesting , Facebook won preliminary approval of a $ 650 million settlement Wednesday night @ @ @ @ @ @ @ payout by $ 100 million .
3 . )
Former White House chief strategist Steve Bannon was indicted Thursday on federal charges that he defrauded supporters of a $ 25 million campaign to build a wall on the U.S. southern border .
4 . )
A state appeals court granted an eleventh-hour stay Thursday to delay enforcement of an injunction that would have required Uber and Lyft to start classifying California drivers as employees instead of independent contractors starting Friday .
5 . )
Over 11,000 lightning strikes in the last four days @ @ @ @ @ @ @ with many fires in the San Francisco Bay Area merging into megablazes that have darkened the skies over the region and sent people fleeing from their homes .
6 . )
With 75 five days before the 2020 presidential election , New York Governor Andrew Cuomo signed into law Thursday a package of reforms that will let New Yorkers immediately request an application to vote by mail and ensure that all absentee ballots postmarked by Election Day on Nov. 3 will be counted if received up to a week later .
7 .
@ @ @ @ @ @ @ 600 million deal with Flint residents to settle claims over the city ’ s water supply being contaminated with lead when the source was switched to the Flint River in a cost-cutting move approved by former Republican Governor Rick Snyder .
8 . )
A new , potentially explosive geopolitical dimension is being added to the puzzle that is the Middle East : A push by Israel , Europe , Egypt , Turkey and even the United States to drill for fossil fuels in the waters of the eastern Mediterranean Sea .

Top eight CNS stories for today including a state appeals court granted an eleventh-hour stay to delay enforcement of an injunction that would have required Uber and Lyft to start classifying California drivers as employees instead of independent contractors; New York Governor Andrew Cuomo signed into law a package of reforms expanding vote by mail; A federal judge rejected President Donald Trump’s second attempt to scuttle the probe of his finances in New York, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including a state appeals court granted an eleventh-hour stay to delay enforcement of an injunction that would have required Uber and Lyft to start classifying California drivers as employees instead of independent contractors; New York Governor Andrew Cuomo signed into law a package of reforms expanding vote by mail; A federal judge rejected President Donald Trump’s second attempt to scuttle the probe of his finances in New York, 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.) Describing the White House’s expansive view of executive power as dangerous to democracy, a federal judge on Thursday rejected President Donald Trump’s second attempt to scuttle the probe of his finances in New York.
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)
2.) After a monthslong saga during which a federal judge threatened to demolish a proposed deal to settle a class action over facial data harvesting, Facebook won preliminary approval of a $650 million settlement Wednesday night only after it agreed to boost the payout by $100 million.
3.) Former White House chief strategist Steve Bannon was indicted Thursday on federal charges that he defrauded supporters of a $25 million campaign to build a wall on the U.S. southern border.
FILE - In this May 27, 2019 file photo, former White House strategist Steve Bannon pauses prior to an interview in Paris. Bannon was arrested Thursday, Aug. 20, 2020, on charges that he and three others ripped off donors to an online fundraising scheme “We Build The Wall.” The charges were contained in an indictment unsealed in Manhattan federal court. (AP Photo/Thibault Camus, File)
Regional
4.) A state appeals court granted an eleventh-hour stay Thursday to delay enforcement of an injunction that would have required Uber and Lyft to start classifying California drivers as employees instead of independent contractors starting Friday.
FILE - In this Tuesday, Jan. 12, 2016, file photo, a driver displaying Lyft and Uber stickers on his front windshield drops off a customer in downtown Los Angeles. In a big win for labor advocates, the California Supreme Court has limited the ability of businesses to classify workers as independent contractors, which could affect a range of workers in the so-called "sharing economy," such as Uber and Lyft drivers. (AP Photo/Richard Vogel, File)
5.) Over 11,000 lightning strikes in the last four days sparked nearly 400 wildfires across California, with many fires in the San Francisco Bay Area merging into megablazes that have darkened the skies over the region and sent people fleeing from their homes.
Flames from the LNU Lightning Complex fires jump Interstate 80 in Vacaville, Calif., Wednesday, Aug. 19, 2020. The highway was closed in both directions shortly afterward. Fire crews across the region scrambled to contain dozens of wildfires sparked by lightning strikes as a statewide heat wave continues. (AP Photo/Noah Berger)
6.) With 75 five days before the 2020 presidential election, New York Governor Andrew Cuomo signed into law Thursday a package of reforms that will let New Yorkers immediately request an application to vote by mail and ensure that all absentee ballots postmarked by Election Day on Nov. 3 will be counted if received up to a week later.
A vote-by-mail ballot is shown as viewed through the handle of a sorting tray, Wednesday, Aug. 5, 2020, at the King County Elections headquarters in Renton, Wash., south of Seattle. Washington state has offered voting by mail since 2011. (AP Photo/Ted S. Warren)
7.) Michigan has reached a preliminary $600 million deal with Flint residents to settle claims over the city’s water supply being contaminated with lead when the source was switched to the Flint River in a cost-cutting move approved by former Republican Governor Rick Snyder.
In this March 21, 2016, file photo, the Flint Water Plant water tower is seen in Flint, Mich. (AP Photo/Carlos Osorio, File)
International
8.) A new, potentially explosive geopolitical dimension is being added to the puzzle that is the Middle East: A push by Israel, Europe, Egypt, Turkey and even the United States to drill for fossil fuels in the waters of the eastern Mediterranean Sea.


courthousenews--2020-08-20--California Courts Covid Update

California Courts Covid Update

Aug. 18 , 2020 : Implementing emergency relief for extending dates for trials and preliminary examinations Aug. 17 , 2020 @ @ @ @ @ restraining order help center and self-help center Aug. 14 , 2020 : Court extends stay @ @ @ @ @ possession to Dec. 31


Small Business Grants

ORLANDO , Fla. — Thirty-two small businesses lost their bid for a preliminary injunction to void the Small Business Administration @ @ @ @ @ rule ” which dictates that small businesses can receive Economic Injury Disaster Loan grants of @ @ @ @ @ to $ 10,000 or $ 1,000 if they have no employees .
The plaintiffs claim @ @ @ @ @ 10,000 .


Horse Racing

SAN FRANCISCO — The Ninth Circuit upheld the denial of a preliminary junction in a case challenging an Arizona statute @ @ @ @ @ live horse racing that originates outside the state to be offered to all commercial live-racing @ @ @ @ @ facility ” in the state .


courthousenews--2020-08-20--‘Tiger King’ Zoo Shut Down After Inspection by Feds

WYNNEWOOD , Okla. ( CN ) — The roadside zoo formerly owned by Joe Exotic and featured in the hit Netflix true-crime docuseries “ Tiger King ” suddenly closed after federal authorities suspended the license of operator Jeff Lowe for alleged mistreatment of the housed animals .
The closure of the Greater Wynnewood Exotic Animal Park in Oklahoma , announced late Tuesday , came after the U.S. Department of Agriculture on Monday suspended Lowe ’ s exhibitor license under the Animal Welfare Act .
A USDA veterinarian noted several issues with the zoo during the agency ’ s most recent @ @ @ @ @ @ @ .
The inspection report noted that sales records for 34 animals were missing or unavailable and four tigers were unaccounted for .
The inspection found two wolves were provided hay that was insufficient for bedding as prescribed by a veterinarian and that a fisher cat had not been examined or treated in spite of being lame on its left rear leg and having hair loss on its tail .
The report alleges rotten meat meant for the animals was found in a refrigerator truck that was not functioning .
“ The temperature inside @ @ @ @ @ @ @ temperature which was greater than 85 degrees Fahrenheit , ” the six-page inspection report states .
“ The park employee had just started spraying out the truck which contained open boxes of decaying liver and a pallet of boxes of liver in the middle of the truck.
” The zoo housed 20 animals , including five tigers , four lions , two bears , a red fox and a porcupine , according to the report .
Lowe took over the 16.4-acre zoo from Exotic – real name Joseph Maldonado-Passage – who is currently @ @ @ @ @ @ @ trying to hire a hit man to murder rival Carole Baskin , for falsifying wildlife records and for illegally selling tiger cubs .
Exotic , Baskin and Lowe became household names in March when “ Tiger King ” debuted .
The show follows the eccentric personalities in the big cat enthusiast community , centering on Exotic and his feud with Baskin and her Tampa-based Big Cat Rescue that resulted in his 2019 conviction .
Federal prosecutors said Exotic tried to have her killed since 2016 and offered $ 10,000 to undercover federal agents @ @ @ @ @ @ @ animals are now cared for in “ private hands ” and claims he voluntarily forfeited his license .
“ We have been contemplating this for weeks , ” he posted on Facebook .
“ I will still allow my lawyers to prove the USDA is dead wrong.
” The zoo ’ s closure comes two months after a federal judge awarded the property to Baskin , finding Exotic fraudulently transferred the zoo to avoid paying her under an earlier $ 1 million trademark judgment against him .
The judge gave Lowe 120 days @ @ @ @ @ @ @ .
Serving as his own attorney while behind bars , Exotic later filed a $ 93 million lawsuit against several federal agencies that he claims are in a vast conspiracy to take his animals away from him .
Exotic had gained a cult following on YouTube in the years before “ Tiger King , ” regularly posting videos featuring his flamboyant blonde mullet while swearing , firing guns and wrestling with his animals .
Some of his highest-viewed videos feature him lip-synching to original country music songs about his animals and about Baskin @ @ @ @ @ @ @ of killing her husband and feeding him to her tigers .
People for the Ethical Treatment of Animals applauded the USDA ’ s action , urging the agency to permanently revoke Lowe ’ s license .
“ PETA looks forwards to seeing every one of the long-suffering animals at the G.W .
Zoo be transferred to an appropriate facility where it won ’ t take federal intervention for a sick cat to receive veterinary care , ” said Brittany Peet , PETA Foundation ’ s deputy general counsel for captive animal law enforcement @ @ @ @ @ @ @ Lowe said the “ Tiger King ” show has “ definitely changed our lives.
” He is currently preparing to open a new zoo near a casino in Thackerville that will produce more video content .
“ It has brought us more attention than any human deserves , good and bad .
It has , and probably will continue to make us a target of every nutjob and animal rights loon in the world , but we are prepared , ” he posted .
“ It has also provided us with an unfathomable @ @ @ @ @ @ @ guarantee the long term care of our animals and allow us to be very selective going forward .
”

The roadside zoo formerly owned by Joe Exotic and featured in the hit Netflix true-crime docuseries “Tiger King” suddenly closed Thursday after federal authorities suspended the license of operator Jeff Lowe for alleged mistreatment of the housed animals.
WYNNEWOOD, Okla. (CN) — The roadside zoo formerly owned by Joe Exotic and featured in the hit Netflix true-crime docuseries “Tiger King” suddenly closed after federal authorities suspended the license of operator Jeff Lowe for alleged mistreatment of the housed animals.
The closure of the Greater Wynnewood Exotic Animal Park in Oklahoma, announced late Tuesday, came after the U.S. Department of Agriculture on Monday suspended Lowe’s exhibitor license under the Animal Welfare Act. A USDA veterinarian noted several issues with the zoo during the agency’s most recent inspection of the property on July 8.
The inspection report noted that sales records for 34 animals were missing or unavailable and four tigers were unaccounted for. The inspection found two wolves were provided hay that was insufficient for bedding as prescribed by a veterinarian and that a fisher cat had not been examined or treated in spite of being lame on its left rear leg and having hair loss on its tail. The report alleges rotten meat meant for the animals was found in a refrigerator truck that was not functioning.
“The temperature inside the refrigeration truck was similar to ambient temperature which was greater than 85 degrees Fahrenheit,” the six-page inspection report states. “The park employee had just started spraying out the truck which contained open boxes of decaying liver and a pallet of boxes of liver in the middle of the truck.”
The zoo housed 20 animals, including five tigers, four lions, two bears, a red fox and a porcupine, according to the report.
Lowe took over the 16.4-acre zoo from Exotic – real name Joseph Maldonado-Passage – who is currently serving 22 years in federal prison for trying to hire a hit man to murder rival Carole Baskin, for falsifying wildlife records and for illegally selling tiger cubs.
Exotic, Baskin and Lowe became household names in March when “Tiger King” debuted. The show follows the eccentric personalities in the big cat enthusiast community, centering on Exotic and his feud with Baskin and her Tampa-based Big Cat Rescue that resulted in his 2019 conviction. Federal prosecutors said Exotic tried to have her killed since 2016 and offered $10,000 to undercover federal agents to do it.
Lowe said the animals are now cared for in “private hands” and claims he voluntarily forfeited his license.
“We have been contemplating this for weeks,” he posted on Facebook. “I will still allow my lawyers to prove the USDA is dead wrong.”
The zoo’s closure comes two months after a federal judge awarded the property to Baskin, finding Exotic fraudulently transferred the zoo to avoid paying her under an earlier $1 million trademark judgment against him. The judge gave Lowe 120 days to leave and remove all the animals.
Serving as his own attorney while behind bars, Exotic later filed a $93 million lawsuit against several federal agencies that he claims are in a vast conspiracy to take his animals away from him.
Exotic had gained a cult following on YouTube in the years before “Tiger King,” regularly posting videos featuring his flamboyant blonde mullet while swearing, firing guns and wrestling with his animals. Some of his highest-viewed videos feature him lip-synching to original country music songs about his animals and about Baskin, including one where he accuses her of killing her husband and feeding him to her tigers.
People for the Ethical Treatment of Animals applauded the USDA’s action, urging the agency to permanently revoke Lowe’s license.
“PETA looks forwards to seeing every one of the long-suffering animals at the G.W. Zoo be transferred to an appropriate facility where it won’t take federal intervention for a sick cat to receive veterinary care,” said Brittany Peet, PETA Foundation’s deputy general counsel for captive animal law enforcement.
In a now-deleted Facebook post, Lowe said the “Tiger King” show has “definitely changed our lives.” He is currently preparing to open a new zoo near a casino in Thackerville that will produce more video content.
“It has brought us more attention than any human deserves, good and bad. It has, and probably will continue to make us a target of every nutjob and animal rights loon in the world, but we are prepared," he posted. "It has also provided us with an unfathomable source of income. Income that will guarantee the long term care of our animals and allow us to be very selective going forward.”


Election Eligibility

AUSTIN , Texas — An appeals court in Texas conditionally granted Texas Congressional candidate Wendy Davis , Senate candidate M.J. @ @ @ @ @ candidate a writ of mandamus ordering the Green Party of Texas to declare three of @ @ @ @ @ ineligible to appear on the general election ballot .
The Green Party candidates have not @ @ @ @ @ by Texas Election Code .


courthousenews--2020-08-20--Trump Speaks in Pennsylvania to Shore Up Failing Poll Numbers in State

OLD FORGE , Pa. ( CN ) — Hours before Joe Biden was set to accept the Democratic presidential nomination Thursday , President Donald Trump took to a stage eight miles from Biden ’ s childhood home in Scranton to paint an image of the dystopian America he claims his opponent ’ s presidency would bring .
“ Joe Biden is a puppet of the radical left movement that seeks to destroy the American way of life , ” Trump told a crowd of around 250 in the parking lot of the Mariotti Building Products manufacturing factory , speculating that @ @ @ @ @ @ @ 4 trillion and “ waste the money on the Green New Deal ” as well as eviscerate the Second Amendment .
“ They want to take away your guns , ” Trump said .
He continued , claiming that Biden ’ s America would look similar to the scenes of widespread unrest seen in cities where civil rights protesters have flooded the streets over the last few months in reaction to the death of George Floyd in the custody of Minneapolis police officers .
“ At stake in this election is the survival @ @ @ @ @ @ @ dealing with crazy people on the other side , ” he said .
A critical swing state in the election , both presidential candidates are vying for Pennsylvania voters ’ attention .
In 2016 , Trump won the state against Hillary Clinton by less than a percentage point , but current polling by the Morning Call/Muhlenberg College indicates Biden — who heavily pushes his story of being “ born and raised ” in Scranton — has a narrow lead .
According to the poll , 49 % percent of likely state voters favor @ @ @ @ @ @ @ It should be noted , however , the four-point gap is within the poll ’ s margin of error .
What ’ s more , 53 % of Pennsylvanians say that Trump does not deserve to be reelected and 51 % say he has done a poor job making decisions in light of the Covid-19 pandemic .
In what could be an advantage for the Trump campaign , the polling also indicated that the “ economy ” is the most important vote for 20 % of Pennsylvanians in deciding their vote for president @ @ @ @ @ @ @ standing is better now than it was before Trump took office .
Only 10 % polled said their financial situation is worse off , even in light of the pandemic .
“ Given the current unemployment levels , we expected some shifts in these numbers , ” Chris Borick , director of Muhlenberg ’ s Institute for Public Opinion said in a statement .
“ We know many people ’ s economic standing has suffered during the coronavirus pandemic crisis .
I believe voters are appraising their economic situation not so much in @ @ @ @ @ @ @ of Trump ’ s presidency.
” Trump seemed aware of Pennsylvanians ’ economy-influenced vote Thursday .
“ Jobs !
Jobs !
Jobs ” read a campaign banner hung on the warehouse behind the president ’ s podium , as he emphasized that the state has gained employment opportunities during his tenure .
“ They said manufacturing jobs would never come back , ” Trump said , taking credit for the increase and adding that under Biden , the state would see “ job loss , no money , no oil , higher taxes @ @ @ @ @ @ @ market would crash.
” Her further undermined Biden ’ s identity as a Pennsylvanian and built up his own tie to the state , reminding the crowd of his time at the University of Pennsylvania ’ s Wharton School of Business in Philadelphia .
“ Tonight , Slow Joe will speak at the Democrat Convention—and I am sure he will remind us that he was born in Scranton , ” Trump said .
“ But you know he left like 70 years ago .
He was born here but he left when he @ @ @ @ @ @ @ He abandoned Scranton.
” In response to the planning of Trump ’ s event , Biden ’ s presidential campaign issued a statement earlier this week .
“ This sideshow is a pathetic attempt to distract from the fact that Trump ’ s presidency stands for nothing but crises , lies , and division — the opposite of what Pennsylvanians are hungry for and what Joe Biden and Kamala Harris represent , ” said Biden spokesman Andrew Bates .
Trump also got in a dig at the Biden VP at the event Thursday @ @ @ @ @ @ @ Wednesday night .
Biden is set to formally accept the Democratic Party ’ s nomination for president Thursday night .
He will do so remotely due to Covid-19 concerns from Wilmington , Delaware — the state he served as a senator for from 1973 through 2009 .
The Democratic National Convention is airing from 9 to 11 p.m. During the Democratic National Convention , Trump has also held events in three other swing states—Minnesota , Wisconsin , and Arizona .

Hours before Joe Biden was set to accept the Democratic presidential nomination Thursday, President Donald Trump took to a stage eight miles from Biden’s childhood home in Scranton to paint an image of the dystopian America he claims his opponent’s presidency would bring.
OLD FORGE, Pa. (CN) — Hours before Joe Biden was set to accept the Democratic presidential nomination Thursday, President Donald Trump took to a stage eight miles from Biden’s childhood home in Scranton to paint an image of the dystopian America he claims his opponent’s presidency would bring.
“Joe Biden is a puppet of the radical left movement that seeks to destroy the American way of life,” Trump told a crowd of around 250 in the parking lot of the Mariotti Building Products manufacturing factory, speculating that Biden planned to hike taxes by $4 trillion and “waste the money on the Green New Deal” as well as eviscerate the Second Amendment.
“They want to take away your guns,” Trump said.
He continued, claiming that Biden’s America would look similar to the scenes of widespread unrest seen in cities where civil rights protesters have flooded the streets over the last few months in reaction to the death of George Floyd in the custody of Minneapolis police officers.
“At stake in this election is the survival of our nation because we’re dealing with crazy people on the other side,” he said.
A critical swing state in the election, both presidential candidates are vying for Pennsylvania voters’ attention. In 2016, Trump won the state against Hillary Clinton by less than a percentage point, but current polling by the Morning Call/Muhlenberg College indicates Biden — who heavily pushes his story of being “born and raised” in Scranton — has a narrow lead.
According to the poll, 49% percent of likely state voters favor Biden and 45% favor Trump. It should be noted, however, the four-point gap is within the poll’s margin of error. What’s more, 53% of Pennsylvanians say that Trump does not deserve to be reelected and 51% say he has done a poor job making decisions in light of the Covid-19 pandemic.
In what could be an advantage for the Trump campaign, the polling also indicated that the “economy” is the most important vote for 20% of Pennsylvanians in deciding their vote for president and that 40% perceive their financial standing is better now than it was before Trump took office. Only 10% polled said their financial situation is worse off, even in light of the pandemic.
"Given the current unemployment levels, we expected some shifts in these numbers," Chris Borick, director of Muhlenberg's Institute for Public Opinion said in a statement. "We know many people’s economic standing has suffered during the coronavirus pandemic crisis. I believe voters are appraising their economic situation not so much in the moment but rather over the span of Trump's presidency."
Trump seemed aware of Pennsylvanians’ economy-influenced vote Thursday. “Jobs! Jobs! Jobs” read a campaign banner hung on the warehouse behind the president’s podium, as he emphasized that the state has gained employment opportunities during his tenure.
“They said manufacturing jobs would never come back,” Trump said, taking credit for the increase and adding that under Biden, the state would see “job loss, no money, no oil, higher taxes,” and that “the stock market would crash.”
He further undermined Biden’s identity as a Pennsylvanian and built up his own tie to the state, reminding the crowd of his time at the University of Pennsylvania’s Wharton School of Business in Philadelphia.
“Tonight, Slow Joe will speak at the Democrat Convention—and I am sure he will remind us that he was born in Scranton,” Trump said. “But you know he left like 70 years ago. He was born here but he left when he was eight, nine or 10. He abandoned Scranton.”
In response to the planning of Trump’s event, Biden's presidential campaign issued a statement earlier this week.
"This sideshow is a pathetic attempt to distract from the fact that Trump's presidency stands for nothing but crises, lies, and division — the opposite of what Pennsylvanians are hungry for and what Joe Biden and Kamala Harris represent," said Biden spokesman Andrew Bates.
Trump also got in a dig at the Biden VP at the event Thursday, making reference to her acceptance speech Wednesday night.
“I watched Kamala last night,” Trump commented, “and I said—I’ll take Mike [Pence].”
Biden is set to formally accept the Democratic Party's nomination for president Thursday night. He will do so remotely due to Covid-19 concerns from Wilmington, Delaware — the state he served as a senator for from 1973 through 2009. The Democratic National Convention is airing from 9 to 11 p.m.
During the Democratic National Convention, Trump has also held events in three other swing states—Minnesota, Wisconsin, and Arizona.


courthousenews--2020-08-20--Ex-Uber Security Chief Charged With Obstruction in Data Breach Cover-Up

SAN FRANCISCO ( CN ) — Uber ’ s former head of security Joseph Sullivan was charged Thursday with trying to cover-up a 2016 data breach that exposed 57 million drivers ’ and passengers ’ personal information .
A criminal complaint filed in the Northern District of California accuses Sullivan of paying two hackers who had contacted him by email to say they had accessed Uber ’ s database of 57 million email addresses and phone numbers , as well as 600,000 driver ’ s license numbers .
He funneled a payment of $ 100,000 in bitcoin through Uber ’ @ @ @ @ @ @ @ “ white hat ” hackers are paid to search for and report security flaws .
Vasile Mereacre , 23 , of Toronto , and Brandon Glover , 26 , of Florida , pleaded guilty to the hack in October 2019 .
Though they originally refused to provide their real names , Sullivan tried to get the hackers to sign non-disclosure agreements that said they did not steal any data .
Uber did not report the breach to the Federal Trade Commission until November 2017 , when new CEO Dara Khosrowshahi replaced Travis Kalanick @ @ @ @ @ @ @ ’ s new management team about the breach , removing from a report on the incident details about the data the hackers had stolen and falsely stating that they had only been paid after they were identified .
Sullivan later had the hackers sign fresh nondisclosure agreements using their real names also containing the false statement that no data had been stolen .
“ Concealing information about a felony from law enforcement is a crime , ” FBI Special Agent Craig Fair said in a statement from the Justice Department on Thursday .
@ @ @ @ @ @ @ example of a prolonged attempt to subvert law enforcement , we hope companies stand up and take notice .
Do not help criminal hackers cover their tracks .
Do not make the problem worse for your customers , and do not cover up criminal attempts to steal people ’ s personal data.
” Sullivan faces one count of obstruction of justice and one count of knowingly committing a felony , which carries a maximum combined penalty of eight years in prison .
The FTC learned in 2018 that Uber had hidden the 2016 @ @ @ @ @ @ @ it settled claims over the company ’ s failure to live up to promises that its customers ’ data was secure .
As a result , the settlement was expanded to subject Uber to civil penalties if it ever again deceives the FTC about future breaches .
Uber also agreed to pay $ 148 million in penalties in a multistate settlement inked in 2018 .

Uber’s former head of security Joseph Sullivan was charged Thursday with trying to cover-up a 2016 data breach that exposed 57 million drivers’ and passengers’ personal information.
SAN FRANCISCO (CN) — Uber’s former head of security Joseph Sullivan was charged Thursday with trying to cover-up a 2016 data breach that exposed 57 million drivers’ and passengers’ personal information.
A criminal complaint filed in the Northern District of California accuses Sullivan of paying two hackers who had contacted him by email to say they had accessed Uber’s database of 57 million email addresses and phone numbers, as well as 600,000 driver’s license numbers. He funneled a payment of $100,000 in bitcoin through Uber’s “bug-bounty” program through which “white hat” hackers are paid to search for and report security flaws.
Vasile Mereacre, 23, of Toronto, and Brandon Glover, 26, of Florida, pleaded guilty to the hack in October 2019.
Though they originally refused to provide their real names, Sullivan tried to get the hackers to sign non-disclosure agreements that said they did not steal any data. Uber did not report the breach to the Federal Trade Commission until November 2017, when new CEO Dara Khosrowshahi replaced Travis Kalanick.
Prosecutors say Sullivan also deceived Uber’s new management team about the breach, removing from a report on the incident details about the data the hackers had stolen and falsely stating that they had only been paid after they were identified. Sullivan later had the hackers sign fresh nondisclosure agreements using their real names also containing the false statement that no data had been stolen.
“Concealing information about a felony from law enforcement is a crime,” FBI Special Agent Craig Fair said in a statement from the Justice Department on Thursday. “While this case is an extreme example of a prolonged attempt to subvert law enforcement, we hope companies stand up and take notice. Do not help criminal hackers cover their tracks. Do not make the problem worse for your customers, and do not cover up criminal attempts to steal people’s personal data.”
Sullivan faces one count of obstruction of justice and one count of knowingly hiding the commission of a felony, which carries a maximum combined penalty of eight years in prison.
The FTC learned in 2018 that Uber had hidden the 2016 breach from investigators, a year after it settled claims over the company’s failure to live up to promises that its customers’ data was secure. As a result, the settlement was expanded to subject Uber to civil penalties if it ever again deceives the FTC about future breaches.
Uber also agreed to pay $148 million in penalties in a multistate settlement inked in 2018.


Dieselgate

SAN FRANCISCO — A federal court in California dismissed part of the Securities and Exchange Commission ’ s suit against @ @ @ @ @ emissions scandal , finding that the Department of Justice “ had the power to and @ @ @ @ @ ’ s civil claims arising out of asset-backed securities offerings .
However , the court @ @ @ @ @ s claims for disgorgement and injunctive relief may continue .

A federal court in California dismissed part of the Securities and Exchange Commission’s suit against Volkswagen arising from the Dieselgate emissions scandal, finding that the Department of Justice “had the power to and did release” the agency’s civil claims arising out of asset-backed securities offerings.
SAN FRANCISCO — A federal court in California dismissed part of the Securities and Exchange Commission’s suit against Volkswagen arising from the Dieselgate emissions scandal, finding that the Department of Justice “had the power to and did release” the agency’s civil claims arising out of asset-backed securities offerings.
However, the court found that the SEC’s claims for disgorgement and injunctive relief may continue.


courthousenews--2020-08-21--‘Save Local Journalism’ Bill Passes Key California Senate Committee

SACRAMENTO , Calif. ( CN ) — Moving to buoy independent and minority-owned outlets toiling through a precipitous pandemic-induced advertising dollar shortage , California lawmakers on Thursday advanced legislation intended to save newspaper jobs .
Coined the Save Local Journalism Act , a key state Senate committee approved the proposal that would give the industry extra time to comply with a new labor law that has made it harder for newspapers to retain freelancers and newspaper carriers .
In a unanimous vote , the Senate Appropriations Committee approved Assembly Bill 323 , setting it up for a potential vote by @ @ @ @ @ @ @ devastated by a persistent trend of declining subscription and advertising revenues dating back to the Great Recession , the Covid-19 pandemic has been déjà vu for California newspapers .
According to an analysis by the California News Publishers Association , ethnic and community newspapers suffered a 56 % average monthly loss in advertising revenue between last April-June while daily newspapers saw a 48 % drop .
To stay afloat , newspapers across the country have resorted to major layoffs and some have shuttered newsrooms or stopped offering print versions completely .
The proponents @ @ @ @ @ @ @ the pandemic , which have caused thousands of job losses and forced the bankruptcies of major media companies like the McClatchy Company , are leaving readers less informed amid one of the most critical stretches in American history .
“ The irony is , this is happening at a time when the thirst for information couldn ’ t be greater , ” said Jim Ewert , general counsel of the publishers association .
Along with navigating through the pandemic without reliable advertisement streams — which contribute the bulk of newspapers ’ revenues along @ @ @ @ @ @ @ simultaneously been forced to revamp their longstanding distribution model .
After a knockdown fight with business groups and the tech industry , California lawmakers last fall passed what ’ s often referred to as the Dynamex Law or Assembly Bill 5 .
The proposal by Assemblywoman Lorena Gonzalez , D-San Diego , was one of the most high-profile bills of the 2019 legislative session as it aligned labor unions and Democrats against the gig economy and the minority Republican Party .
She said it was time for the Legislature to codify the ruling @ @ @ @ @ @ @ much-needed clarity to state employment law .
The decision impacted a variety of industries and professions that operated primarily via contract , from Uber drivers , independent truck drivers , freelance writers and newspaper carriers .
As a result , cash-strapped newspapers were suddenly left wondering how they could afford to go on a hiring spree and bring paperboys on as employees .
Distribution costs are often one of the largest items in the average outlet ’ s budget and a recent analysis estimated the average monthly increase for California newspapers could rise @ @ @ @ @ @ @ To help ease the transition , the publishers association and others successfully lobbied the Legislature and Governor Gavin Newsom to grant newspapers a one-year exemption from AB 5 so the industry could craft a plan .
But the brainstorming process was justifiably knocked to the bottom of the page in March by the pandemic .
With time running out , the newspapers and Assemblywoman Blanca Rubio , D-Baldin Park , are now asking for an additional two years .
They warn if newspapers aren ’ t given the extension , they will cut @ @ @ @ @ @ @ all together .
“ Many newspapers in California are failing , ” said Rubio while introducing AB 323 earlier this month .
“ The demise of newspapers will mean many lost jobs and will leave many communities without local journalism.
” Before a Senate labor committee , Rubio relayed the grim facts : nationwide newsroom jobs dropped from 114,000 in 2008 to just 78,000 in 2019 .
She said the prospect of community papers closing due to increased distribution costs would leave “ news deserts ” across the state , particularly in minority @ @ @ @ @ @ @ don ’ t have these newspapers , I imagine that they are not going to transition to Google to get their news , ” said the former teacher of 16 years .
In addition to the exemption that would allow newspapers to continue contracting with carriers until 2023 , Rubio ’ s bill would require the Department of General Services to do an annual recap of how and where state agencies spent their advertising dollars .
The goal is to encourage more advertising and grow agencies ’ marketing presence in weekly and ethnic @ @ @ @ @ @ @ , the measure could be voted on by the Senate next week and then would need to clear the Assembly by an Aug. 31 legislative deadline .
The industry ’ s lobbyists argue the Legislature can ’ t afford to stall in renewing their commitment to the Fourth Estate .
“ The stakes are pretty high ; if we can ’ t get this done there ’ s going to be some pretty serious changes that people will see , ” said Ewert .

Moving to buoy independent and minority-owned outlets toiling through a precipitous pandemic-induced advertising dollar shortage, California lawmakers on Thursday advanced legislation intended to save newspaper jobs.
SACRAMENTO, Calif. (CN) — Moving to buoy independent and minority-owned outlets toiling through a precipitous pandemic-induced advertising dollar shortage, California lawmakers on Thursday advanced legislation intended to save newspaper jobs.
Coined the Save Local Journalism Act, a key state Senate committee approved the proposal that would give the industry extra time to comply with a new labor law that has made it harder for newspapers to retain freelancers and newspaper carriers.
In a unanimous vote, the Senate Appropriations Committee approved Assembly Bill 323, setting it up for a potential vote by the full Senate next week.
Already devastated by a persistent trend of declining subscription and advertising revenues dating back to the Great Recession, the Covid-19 pandemic has been déjà vu for California newspapers.
Assemblywoman Blanca E. Rubio (Credit: Blanca Rubio)
According to an analysis by the California News Publishers Association, ethnic and community newspapers suffered a 56% average monthly loss in advertising revenue between last April-June while daily newspapers saw a 48% drop. To stay afloat, newspapers across the country have resorted to major layoffs and some have shuttered newsrooms or stopped offering print versions completely.
The proponents of AB 323 say the strains of the pandemic, which have caused thousands of job losses and forced the bankruptcies of major media companies like the McClatchy Company, are leaving readers less informed amid one of the most critical stretches in American history.
“The irony is, this is happening at a time when the thirst for information couldn’t be greater,” said Jim Ewert, general counsel of the publishers association.
Along with navigating through the pandemic without reliable advertisement streams — which contribute the bulk of newspapers’ revenues along with subscriber fees — California outlets have simultaneously been forced to revamp their longstanding distribution model.
After a knockdown fight with business groups and the tech industry, California lawmakers last fall passed what’s often referred to as the Dynamex Law or Assembly Bill 5.
The proposal by Assemblywoman Lorena Gonzalez, D-San Diego, was one of the most high-profile bills of the 2019 legislative session as it aligned labor unions and Democrats against the gig economy and the minority Republican Party. She said it was time for the Legislature to codify the ruling in Dynamex v. Superior Court and bring much-needed clarity to state employment law.
The decision impacted a variety of industries and professions that operated primarily via contract, from Uber drivers, independent truck drivers, freelance writers and newspaper carriers.
As a result, cash-strapped newspapers were suddenly left wondering how they could afford to go on a hiring spree and bring paperboys on as employees. Distribution costs are often one of the largest items in the average outlet’s budget and a recent analysis estimated the average monthly increase for California newspapers could rise 60-85% under the new law.
To help ease the transition, the publishers association and others successfully lobbied the Legislature and Governor Gavin Newsom to grant newspapers a one-year exemption from AB 5 so the industry could craft a plan.
But the brainstorming process was justifiably knocked to the bottom of the page in March by the pandemic.
With time running out, the newspapers and Assemblywoman Blanca Rubio, D-Baldin Park, are now asking for an additional two years. They warn if newspapers aren’t given the extension, they will cut more jobs or worse — stop printing all together.
“Many newspapers in California are failing,” said Rubio while introducing AB 323 earlier this month. “The demise of newspapers will mean many lost jobs and will leave many communities without local journalism.”
Before a Senate labor committee, Rubio relayed the grim facts: nationwide newsroom jobs dropped from 114,000 in 2008 to just 78,000 in 2019. She said the prospect of community papers closing due to increased distribution costs would leave “news deserts” across the state, particularly in minority and elderly neighborhoods.
“If they don’t have these newspapers, I imagine that they are not going to transition to Google to get their news,” said the former teacher of 16 years.
In addition to the exemption that would allow newspapers to continue contracting with carriers until 2023, Rubio’s bill would require the Department of General Services to do an annual recap of how and where state agencies spent their advertising dollars. The goal is to encourage more advertising and grow agencies’ marketing presence in weekly and ethnic papers.
With Thursday’s vote, the measure could be voted on by the Senate next week and then would need to clear the Assembly by an Aug. 31 legislative deadline.
The industry’s lobbyists argue the Legislature can’t afford to stall in renewing their commitment to the Fourth Estate.
“The stakes are pretty high; if we can’t get this done there’s going to be some pretty serious changes that people will see,” said Ewert.