courthousenews--2020-06-16--Musician Seeks Finale to Home Recording Fight With Nashville

Grammy-winning producer Lij Jackson says Nashville ’ s ban on home businesses makes no sense during the coronavirus pandemic .
NASHVILLE ( CN ) — The mixing console in Lij Shaw ’ s former home recording studio could have been donated to the Rock & Roll Hall of Fame , but instead it continued to bring in the Grammys .
“ I really liked the old stuff , the old gear as well as the new computer stuff .
I like mixing and matching , ” Shaw said walking barefoot around the studio covered in Persian rugs .
Before Shaw @ @ @ @ @ @ @ console sat in Criteria Studios in Miami during the ‘ 70s , he said , and mixed “ Hotel California ” for the Eagles , “ Stayin ’ Alive ” for the Bee Gees and “ Margaritaville ” for Jimmy Buffett .
The console sits surrounded by about a foot of soundproofing in a detached garage down the hill from Shaw ’ s house in a neighborhood with a train line on one side and a diesel mechanics school on the other .
Shaw ’ s Studio , The Toy Box Studio , @ @ @ @ @ @ @ Sansone from the band Wilco because Shaw collected music-making toys from nearby thrift shops .
A baby ’ s toy piano-xylophone hybrid sits on the mixing console along with two Teletubbies dolls .
The latest Grammy certificate for his work came after the console was used to mix Mike Farris ’ album “ Shine For All The People , ” which won best roots gospel album of 2014 .
“ You think that ’ s a mixing board , ” said Braden Boucek , Shaw ’ s attorney .
“ That is contraband @ @ @ @ @ @ @ ” In the same month Shaw received a certificate for the Grammy Award , Nashville sent him a cease-and-desist letter .
The city has a prohibition on its books that stops home-based businesses from inviting clients to their place of businesses and providing services in their home .
According to Boucek and Shaw , the city asked to schedule a walk-through of his home and threatened to seize his recording equipment , though it backed away from that position in subsequent communications .
After five years , Shaw sees the light at the @ @ @ @ @ @ @ , Shaw and a licensed cosmetologist challenged the constitutionality of Nashville ’ s client prohibition in Davidson County Chancery Court .
After the chancellor sided with the state and dismissed the lawsuit in October 2019 , attorneys for the home-based business owners appealed .
But the whole matter could be moot depending on how Nashville ’ s Metro Council tackles the issue at its meeting Tuesday night .
While changing the client prohibition has been considered and shot down before , factors such as the Covid-19 outbreak have brought momentum this time around @ @ @ @ @ @ @ argue against home businesses when the council is voting from home , doing their jobs over Zoom , ” said Boucek , who is vice president of legal affairs for the Beacon Center of Tennessee , a nonprofit think tank .
While the client prohibition affects a wide range of businesses , Shaw says the disagreement he has with Nashville could affect the future of Music City : for instance , the people moving there hoping to make it in the industry , and students of music production .
The hit song , @ @ @ @ @ @ @ place to be born and grow .
They say every overnight sensation in the music business is 10 years of hard work .
And without home studios as a safe place to begin your music and to take chances and to affordably make independent records , there will be no place for music to start.
” After the cease-and-desist letter , Shaw took his story to the press , which told his story anonymously .
It took a records request by Boucek to find Shaw and talk about the case .
Around that @ @ @ @ @ @ @ interested in challenging the client prohibition in Nashville .
The two organizations joined forces .
Among the public-interest the Beacon Center of Tennessee tackles are property rights , economic freedom and free speech .
“ That ’ s sort of our core , and Lij naturally falls under the umbrella of all three , ” Boucek said .
Beacon and the Institute for Justice said in the lawsuit that the client prohibition was unconstitutional because it is applied unequally .
Residents operating daycare centers and short-term rentals through platforms such as Airbnb can @ @ @ @ @ @ @ at homes in residential areas , they said in briefs .
In Shaw ’ s instance , the thick soundproofing kept sound from bleeding out of the recording space as much as it kept the neighborhood noise out .
Boucek said Nashville justified shutting down Shaw ’ s business over imagined harms , and not any legitimate concerns — a far too expansive legal precedent .
According to Shaw ’ s brief filed with the Tennessee Court of Appeals , Nashville is the only major city in the nation that has such a @ @ @ @ @ @ @ .
A spokesperson for Nashville ’ s Codes Department said the department does not keep data on how many times the client prohibition has been enforced .
Lora Fox , an attorney for Metro Nashville , said the judge found there was a rational reason for Nashville to have a client prohibition , and in these kinds of decisions , the courts typically defer to the policymaking done by the metro council .
Some of those reasons include managing traffic and the concern some people have about strangers in their neighborhood , Fox @ @ @ @ @ @ @ their mind , it ’ s their prerogative , ” Fox said .
In her October ruling in Shaw ’ s case , Chancellor Anne Martin said the metro council appropriately exercised its legislative authority .
The plaintiffs ’ “ businesses are like any others in that if the public is allowed to come to their residences as customers , it could disturb the residential nature of their neighborhoods , as well as foment a potential host of other problems , ” Martin wrote in her 26-page order dismissing the lawsuit .
On @ @ @ @ @ @ @ the judge erred when she disregarded and did not cite the voluminous record filed in the case .
With Metro council reconsidering the client prohibition , the case may be mooted , but that depends on what kind of legislation the metro council ultimately passes , attorneys on both sides said .
Nashville has a deadline at the end of June to file a brief with the appeals court .
While Shaw ’ s business has taken a massive hit because he can not operate the recording studio under the code , he @ @ @ @ @ @ @ to record music .
Meanwhile , bassist Dave Pomeroy is optimistic the metro council will roll back the client prohibition .
The president of Nashville Musicians Association AFM Local 257 said the client prohibition ’ s effect on recording in the city has been the “ 800-pound elephant in the room.
” Many Nashvillians relocated to the neighboring counties of Williamson or Rutherford , saying they can ’ t deal with the client prohibition , Pomeroy said .
He said past attempts to change the code were sidetracked by neighborhood activists who did @ @ @ @ @ @ @ a reality for Nashville ’ s musicians .
“ I think it was well-intentioned long ago , but a photographer having a studio in the back of his house hurts absolutely no one , ” Pomeroy said .

Just after record producer Lij Shaw got a certificate for his work on a Grammy Award winner, Nashville sent him a cease-and-desist letter, citing a city law prohibiting home-based businesses from providing client services in their home. That 5-year tussle may end tonight.
NASHVILLE (CN) — The mixing console in Lij Shaw’s former home recording studio could have been donated to the Rock & Roll Hall of Fame, but instead it continued to bring in the Grammys.
“I really liked the old stuff, the old gear as well as the new computer stuff. I like mixing and matching,” Shaw said walking barefoot around the studio covered in Persian rugs.
Before Shaw bought it on eBay, the mixing console sat in Criteria Studios in Miami during the '70s, he said, and mixed “Hotel California” for the Eagles, “Stayin’ Alive” for the Bee Gees and “Margaritaville” for Jimmy Buffett.
The console sits surrounded by about a foot of soundproofing in a detached garage down the hill from Shaw’s house in a neighborhood with a train line on one side and a diesel mechanics school on the other.
Shaw’s Studio, The Toy Box Studio, was named on the suggestion of Pat Sansone from the band Wilco because Shaw collected music-making toys from nearby thrift shops. A baby’s toy piano-xylophone hybrid sits on the mixing console along with two Teletubbies dolls.
The latest Grammy certificate for his work came after the console was used to mix Mike Farris’ album “Shine For All The People,” which won best roots gospel album of 2014.
Braden Boucek, vice president of legal affairs for the Beacon Center of Tennessee, is one of the attorneys challenging Nashville’s client prohibition. (Courthouse News photo/Daniel Jackson)
“You think that's a mixing board,” said Braden Boucek, Shaw’s attorney. “That is contraband, according to the city of Nashville.”
In the same month Shaw received a certificate for the Grammy Award, Nashville sent him a cease-and-desist letter. The city has a prohibition on its books that stops home-based businesses from inviting clients to their place of businesses and providing services in their home.
According to Boucek and Shaw, the city asked to schedule a walk-through of his home and threatened to seize his recording equipment, though it backed away from that position in subsequent communications.
After five years, Shaw sees the light at the end of the tunnel.
In 2017, Shaw and a licensed cosmetologist challenged the constitutionality of Nashville’s client prohibition in Davidson County Chancery Court. After the chancellor sided with the state and dismissed the lawsuit in October 2019, attorneys for the home-based business owners appealed.
But the whole matter could be moot depending on how Nashville’s Metro Council tackles the issue at its meeting Tuesday night.
While changing the client prohibition has been considered and shot down before, factors such as the Covid-19 outbreak have brought momentum this time around.
"It's hard to argue against home businesses when the council is voting from home, doing their jobs over Zoom,” said Boucek, who is vice president of legal affairs for the Beacon Center of Tennessee, a nonprofit think tank.
While the client prohibition affects a wide range of businesses, Shaw says the disagreement he has with Nashville could affect the future of Music City: for instance, the people moving there hoping to make it in the industry, and students of music production.
The hit song, Shaw said, “needs a safe place to be born and grow. They say every overnight sensation in the music business is 10 years of hard work. And without home studios as a safe place to begin your music and to take chances and to affordably make independent records, there will be no place for music to start.”
After the cease-and-desist letter, Shaw took his story to the press, which told his story anonymously. It took a records request by Boucek to find Shaw and talk about the case. Around that time, the Institute for Justice was interested in challenging the client prohibition in Nashville. The two organizations joined forces.
Among the public-interest the Beacon Center of Tennessee tackles are property rights, economic freedom and free speech. “That's sort of our core, and Lij naturally falls under the umbrella of all three,” Boucek said.
Beacon and the Institute for Justice said in the lawsuit that the client prohibition was unconstitutional because it is applied unequally. Residents operating daycare centers and short-term rentals through platforms such as Airbnb can serve up to 12 clients a day at homes in residential areas, they said in briefs.
In Shaw’s instance, the thick soundproofing kept sound from bleeding out of the recording space as much as it kept the neighborhood noise out.
Boucek said Nashville justified shutting down Shaw’s business over imagined harms, and not any legitimate concerns — a far too expansive legal precedent.
According to Shaw’s brief filed with the Tennessee Court of Appeals, Nashville is the only major city in the nation that has such a strict prohibition on clients visiting home-based businesses.
A spokesperson for Nashville’s Codes Department said the department does not keep data on how many times the client prohibition has been enforced.
Lora Fox, an attorney for Metro Nashville, said the judge found there was a rational reason for Nashville to have a client prohibition, and in these kinds of decisions, the courts typically defer to the policymaking done by the metro council.
Some of those reasons include managing traffic and the concern some people have about strangers in their neighborhood, Fox said.
“If the Legislature changes their mind, it’s their prerogative,” Fox said.
In her October ruling in Shaw’s case, Chancellor Anne Martin said the metro council appropriately exercised its legislative authority.
The plaintiffs’ “businesses are like any others in that if the public is allowed to come to their residences as customers, it could disturb the residential nature of their neighborhoods, as well as foment a potential host of other problems,” Martin wrote in her 26-page order dismissing the lawsuit.
On appeal, Shaw’s attorneys said the judge erred when she disregarded and did not cite the voluminous record filed in the case.
With Metro council reconsidering the client prohibition, the case may be mooted, but that depends on what kind of legislation the metro council ultimately passes, attorneys on both sides said.
Nashville has a deadline at the end of June to file a brief with the appeals court.
While Shaw’s business has taken a massive hit because he cannot operate the recording studio under the code, he started a podcast and began teaching how to record music.
Meanwhile, bassist Dave Pomeroy is optimistic the metro council will roll back the client prohibition. The president of Nashville Musicians Association AFM Local 257 said the client prohibition’s effect on recording in the city has been the “800-pound elephant in the room.”
Many Nashvillians relocated to the neighboring counties of Williamson or Rutherford, saying they can't deal with the client prohibition, Pomeroy said.
He said past attempts to change the code were sidetracked by neighborhood activists who did not realize that home recording has been a reality for Nashville’s musicians.
“I think it was well-intentioned long ago, but a photographer having a studio in the back of his house hurts absolutely no one,” Pomeroy said.


Ballot Order

ST. PAUL , Minn. — A federal court in Minnesota granted a preliminary injunction to voters and political committees that @ @ @ @ @ ballot order statute that requires major political party candidates to be listed on the ballot @ @ @ @ @ the average number of votes that their party received in the state ’ s last @ @ @

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.


Nursing Homes

SAN FRANCISCO — A federal court in California denied California Advocates for Nursing Home Reform ’ s motion for a @ @ @ @ @ that accuses the state of failing to enforce Department of Health Care Services orders requiring @ @ @ @ @ who have been “ dumped ” in a hospital .


courthousenews--2020-06-17--Reporter Sues Newspaper After Barring Her From Covering Protests

PITTSBURGH ( CN ) — A black reporter filed a federal lawsuit against her employer the Pittsburgh Post-Gazette Tuesday , alleging it refused to allow her to cover George Floyd protests because of a tweet she made from her personal account calling attention to racial biases .
Alexis Johnson posted a tweet on May 31 comparing the damage left in the wake of George Floyd protests and subsequent lootings with photos of the debris-strewn aftermath of a white country music star ’ s annual concert in Pittsburgh .
“ Horrifying scenes and aftermath from selfish LOOTERS who don ’ t @ @ @ @ @ @ @ …oh wait sorry , ” Johnson tweeted .
“ No these are pictures from a Kenny Chesney concert tailgate .
Whoops.
” According to the federal suit , three editors of the Post-Gazette on the following day , including its managing editor , informed Johnson that “ her tweet showed she could not cover the protests fairly and that therefore she would not be assigned to report on them.
” In response to Johnson being removed from protest coverage , members of Johnson ’ s union , the Newspaper Guild of Pittsburgh , @ @ @ @ @ @ @ They reposted Johnson ’ s original tweet word-for-word with the hashtag # IStandWithAlexis .
The post now has more than 56,000 retweets and more than 183,000 likes .
More than 80 journalists employed by the Post-Gazette joined in the Twitter protest and were similarly barred by the publication from covering the protests .
One of these journalists , the lawsuit says , was Johnson ’ s colleague Michael Santiago , a black Pulitzer Prize-winning photojournalist , who has since left the newspaper .
“ By sharing these photographs and commentary on her private @ @ @ @ @ @ @ and ridicule , and thus to protest , the racial bias and discrimination in a society that condemns African Americans who oppose racial injustice by protests that result in some property damage , while tolerates similar property damage by predominately white crowds who attend Chesney concerts , ” read the complaint , penned by Johnson ’ s attorney Samuel Cordes of the Pittsburgh-based firm Rothman Gordon .
The suit notes that a white Post-Gazette employee , Joshua Axelrod , tweeted about a man accused by police of vandalism and looting during the May @ @ @ @ @ @ @ but was not similarly prevented from covering the protests .
Post-Gazette managing editor Karen Kane did not immediately respond to a request for comment Tuesday evening , nor did Cordes , Johnson ’ s attorney .

A black reporter filed a federal lawsuit against her employer the Pittsburgh Post-Gazette Tuesday, alleging it refused to allow her to cover George Floyd protests because of a tweet she made from her personal account calling attention to racial biases.
PITTSBURGH (CN) — A black reporter filed a federal lawsuit against her employer the Pittsburgh Post-Gazette Tuesday, alleging it refused to allow her to cover George Floyd protests because of a tweet she made from her personal account calling attention to racial biases.
Alexis Johnson posted a tweet on May 31 comparing the damage left in the wake of George Floyd protests and subsequent lootings with photos of the debris-strewn aftermath of a white country music star’s annual concert in Pittsburgh.
“Horrifying scenes and aftermath from selfish LOOTERS who don’t care about this city!!!…oh wait sorry,” Johnson tweeted. “No these are pictures from a Kenny Chesney concert tailgate. Whoops.”
According to the federal suit, three editors of the Post-Gazette on the following day, including its managing editor, informed Johnson that “her tweet showed she could not cover the protests fairly and that therefore she would not be assigned to report on them.”
In response to Johnson being removed from protest coverage, members of Johnson’s union, the Newspaper Guild of Pittsburgh, started their own protest on Twitter. They reposted Johnson’s original tweet word-for-word with the hashtag #IStandWithAlexis. The post now has more than 56,000 retweets and more than 183,000 likes.
This Nov. 23, 2019 photo shows Pittsburgh Post-Gazette reporter Alexis Johnson in Pittsburgh. Johnson, who was prohibited from covering the city's Black Lives Matter protests because of a tweet, sued the paper on Tuesday. Johnson, who is black, filed the lawsuit in federal court in Pennsylvania alleging the Post-Gazette was engaging in racial discrimination and retaliation. (Shantale Davis/@ShanShoots2 via AP)
More than 80 journalists employed by the Post-Gazette joined in the Twitter protest and were similarly barred by the publication from covering the protests. One of these journalists, the lawsuit says, was Johnson’s colleague Michael Santiago, a black Pulitzer Prize-winning photojournalist, who has since left the newspaper.
“By sharing these photographs and commentary on her private Twitter page, Johnson intended to mock and ridicule, and thus to protest, the racial bias and discrimination in a society that condemns African Americans who oppose racial injustice by protests that result in some property damage, while tolerates similar property damage by predominately white crowds who attend Chesney concerts,” read the complaint, penned by Johnson’s attorney Samuel Cordes of the Pittsburgh-based firm Rothman Gordon.
The suit notes that a white Post-Gazette employee, Joshua Axelrod, tweeted about a man accused by police of vandalism and looting during the May protests being a “scumbag,” but was not similarly prevented from covering the protests.
Post-Gazette managing editor Karen Kane did not immediately respond to a request for comment Tuesday evening, nor did Cordes, Johnson’s attorney.


courthousenews--2020-06-16--Trump Administration Sues to Block Bolton Book

WASHINGTON ( CN ) — The White House sued former national security adviser John Bolton on Tuesday to block the release of his book “ The Room Where it Happened , ” alleging it contains top secret information .
With the manuscript set to release on June 23 , the Justice Department is seeking an injunction to block Bolton ’ s book from hitting the shelves .
The White House claims the first-hand account from the former top-level adviser contains passages — some several paragraphs long — of classified information .
“ Accordingly , the publication and release of The @ @ @ @ @ @ @ harm , because the disclosure of instances of classified information in the manuscript reasonably could be expected to cause serious damage , or exceptionally grave damage , to the national security of the United States , ” the 27-page complaint states .
The hotly debated manuscript , a 500-page draft book worth an estimated $ 2 million , took center stage at President Donald Trump ’ s Senate impeachment trial , when Democrats failed to secure the votes to subpoena Bolton to testify on what he witnessed inside the Oval Office .
The @ @ @ @ @ @ @ follows warning from Trump on Monday that Bolton would face “ criminal problems ” for publishing allegedly classified information , with the president claiming “ any conversation with me is classified.
” The administration is accusing Bolton of violating his non-disclosure agreement , claiming he broke rank during the prepublication review by the White House National Security Council .
“ The content of The Room Where it Happened is covered by Defendant ’ s NDAs , and the book as submitted for pre-publication review contained classified information that has not been publicly acknowledged @ @ @ @ @ @ @ states .
Urging a federal judge to take immediate action , the Justice Department is requesting an order for Bolton to instruct his publisher , Simon & Schuster , to “ take any and all available steps to retrieve and dispose of any copies.
” The breach-of-contract lawsuit , signed off on by Joseph Hunt , Assistant Attorney General for the Civil Division , also seeks an accounting of all profits from the book , currently available for pre-order .
“ Defendant has been , and will continue in the future to be @ @ @ @ @ @ @ profits , advances , royalties , and other advantages resulting from the publicity given to the unauthorized disclosure of the draft of his book , ” the complaint states .
The Justice Department also calls out Bolton for distributing his manuscript to his attorney , publisher , numerous friends and members of the news media before the White House signed off on sharing the information .
Bolton ’ s attorney Charles Cooper did not respond to a request for comment on the complaint filed Tuesday afternoon .
Cooper has claimed that Ellen Knight @ @ @ @ @ @ @ senior director for prepublication review , told his client on April 27 that she had passed along “ the last edit I really have to provide for you , ” then stopped communicating with Bolton by May 7 .
On June 8 , John Eisenberg , White House deputy counsel for national security — identified in the complaint as “ Legal Advisor to the NSC ” — wrote to Bolton that he could not publish or disseminate the manuscript because the current draft contained classified information .
“ This is a transparent attempt @ @ @ @ @ @ @ to censor Mr. Bolton , in violation of his constitutional right to speak on matters of the utmost public import , ” Cooper wrote in the Wall Street Journal last week .
The complaint outlines further communication between Eisenberg and Bolton , the last falling on June 11 , when the NSC official wrote to the ousted adviser warning that the book ’ s “ unauthorized disclosure ” in under two weeks could “ reasonably be expected to cause serious damage to national security .
”

The White House sued former national security adviser John Bolton on Tuesday to block the release of his book “The Room Where It Happened,” alleging it contains top-secret information.
WASHINGTON (CN) — The White House sued former national security adviser John Bolton on Tuesday to block the release of his book “The Room Where It Happened,” alleging it contains top-secret information.
With the manuscript set to release on June 23, the Justice Department is seeking an injunction to block Bolton’s book from hitting the shelves. The White House claims the firsthand account from the former top-level adviser contains passages — some several paragraphs long — of classified information.
“Accordingly, the publication and release of 'The Room Where It Happened' would cause irreparable harm, because the disclosure of instances of classified information in the manuscript reasonably could be expected to cause serious damage, or exceptionally grave damage, to the national security of the United States,” the 27-page complaint states.
The hotly debated manuscript, a 500-page draft book worth an estimated $2 million, took center stage at President Donald Trump’s Senate impeachment trial, when Democrats failed to secure the votes to subpoena Bolton to testify on what he witnessed inside the Oval Office.
The complaint filed in federal court in Washington follows warning from Trump on Monday that Bolton would face "criminal problems" for publishing allegedly classified information, with the president claiming "any conversation with me is classified."
The administration is accusing Bolton of violating his non-disclosure agreement, claiming he broke rank during the prepublication review by the White House National Security Council.
“The content of 'The Room Where it Happened' is covered by defendant’s NDAs, and the book as submitted for pre-publication review contained classified information that has not been publicly acknowledged or previously released,” the complaint states.
Urging a federal judge to take immediate action, the Justice Department is requesting an order for Bolton to instruct his publisher, Simon & Schuster, to “take any and all available steps to retrieve and dispose of any copies.”
The breach-of-contract lawsuit, signed off on by Joseph Hunt, Assistant Attorney General for the Civil Division, also seeks an accounting of all profits from the book, currently available for pre-order.
“Defendant has been, and will continue in the future to be, unjustly enriched in the amount of profits, advances, royalties, and other advantages resulting from the publicity given to the unauthorized disclosure of the draft of his book,” the complaint states.
The Justice Department also calls out Bolton for distributing his manuscript to his attorney, publisher, numerous friends and members of the news media before the White House signed off on sharing the information.
Bolton’s attorney Charles Cooper did not respond to a request for comment on the complaint filed Tuesday afternoon.
Cooper has claimed that Ellen Knight, the National Security Council’s senior director for prepublication review, told his client on April 27 that she had passed along “the last edit I really have to provide for you,” then stopped communicating with Bolton by May 7.
On June 8, John Eisenberg, White House deputy counsel for national security — identified in the complaint as “legal advisor to the NSC” — wrote to Bolton that he could not publish or disseminate the manuscript because the current draft contained classified information.
"This is a transparent attempt to use national security as a pretext to censor Mr. Bolton, in violation of his constitutional right to speak on matters of the utmost public import," Cooper wrote in the Wall Street Journal last week.
The complaint outlines further communication between Eisenberg and Bolton, the last falling on June 11, when the NSC official wrote to the ousted adviser warning that the book’s “unauthorized disclosure” in under two weeks could “reasonably be expected to cause serious damage to national security.”


courthousenews--2020-06-16--California Courts Covid Recap

California Courts Covid Recap

June 12 , 2020 : Presiding judge ’ s Order7 regarding extended closure until July 14 due to Covid-19 June @ @ @ @ @ Order of the Judicial Council regarding Covid-19


Judge’s Facebook Friendship

MADISON , Wis. — A circuit court improperly denied a father ’ s motion for reconsideration in a custody dispute @ @ @ @ @ Wisconsin ruled , finding the judge ’ s Facebook friendship with the mother — and @ @ @ @ @ , content and context of their interactions on the platform , and the judge ’ @ @ @ @ @ friendship — constitutes a due process violation .


courthousenews--2020-06-16--Illinois Churches Lose Challenge to Ban on Mass Gatherings

CHICAGO ( CN ) — A panel of Seventh Circuit judges upheld Illinois ’ Covid-19 stay-at-home rules Tuesday , refusing to issue an injunction against Governor J.B. Pritzker ’ s decision to restrict indoor religious gatherings to no more than 10 people .
The quick decision was made after oral arguments last Friday , in which two Chicago-area churches said the governor was discriminating against religion by not allowing them to hold in-person worship services as part of his plan to battle the pandemic .
Elim Romanian Pentecostal Church in Chicago and Logos Baptist Ministries in suburban Niles , Illinois @ @ @ @ @ @ @ Governor Pritzker in May , alleging he was violating several First Amendment rights by targeting religious congregations .
The churches said in their complaint that it is discriminatory that commercial businesses like grocery stores and warehouses have been allowed to remain open while their members were forced to stay away .
Both Elim and Logos began holding in person services with dozens of attendees on the Sunday after their lawsuit was filed , neither deterred by a $ 500 disorderly conduct fine Elim received from the city .
Last month , U.S. District @ @ @ @ @ @ @ Clinton appointee , denied their motion for a preliminary injunction that would have blocked the state from enforcing its order , calling the churches selfish in a time of crisis .
“ Plaintiffs have provided no evidence that the order targets religion , ” the judge said , adding that church services are not comparable to shopping or manufacturing .
“ The order has nothing to do with suppressing religion and everything to do with reducing infections and saving lives , ” he said .
Arguing in the churches ’ appeal of that @ @ @ @ @ @ @ the Florida-based Liberty Counsel said that there is no reason religious institutions can ’ t hold services and follow the same protocols as stores and warehouses do .
Assistant Attorney General Priyanka Gupta countered that church services were more like concerts and lectures , which have also been regulated under the order .
She added that the seriousness of Covid-19 means that everyone is subject to restrictions , and churches are no exception .
A three-judge panel of the Chicago-based Seventh Circuit agreed with the lower court Tuesday , with Ronald Reagan-appointed U.S @ @ @ @ @ @ @ for the panel that religious institutions had fared better than their secular counterparts over the last few months .
The panel – which also included U.S .
Circuit Judges Michael S. Kanne , another Reagan appointee , and David F. Hamilton , a Barack Obama appointee – noted that churches have at least been allowed to continue services with the 10-person limit , while concert halls , schools and movie theaters have been completely shut down .
“ Plaintiﬀs contend , however , that a limit of ten persons eﬀectively forecloses their in-person @ @ @ @ @ @ @ free to hold multiple ten-person services every week , and that the governor ’ s proposed alternatives— services over the internet or in parking lots while worshipers remain in cars—are inadequate for them , ” Easterbrook wrote in a 12-page opinion .
Churches have also been allowed to perform other activities , such as feeding and sheltering the homeless , and the 10-person limit on their worship services was lifted with the newest version of the governor ’ s order .
“ The churches are particularly put out that their members may assemble @ @ @ @ @ @ @ celebrate their faith , ” Easterbrook said , adding that “ feeding the body requires teams of people to work together in physical spaces , but churches can feed the spirit in other ways.
” “ The free exercise clause does not require a state to accommodate religious functions or exempt them from generally applicable laws , ” the ruling concluded .
“ Illinois did not set out to disadvantage religious services compared with secular events .
Nor does the order discriminate among faiths.
” Neither attorney nor the governor ’ s office @ @ @ @ @ @ @ decision .

A panel of Seventh Circuit judges upheld Illinois’ Covid-19 stay-at-home rules Tuesday, refusing to issue an injunction against Governor J.B. Pritzker’s decision to restrict indoor religious gatherings to no more than 10 people.
CHICAGO (CN) — A panel of Seventh Circuit judges upheld Illinois’ Covid-19 stay-at-home rules Tuesday, refusing to issue an injunction against Governor J.B. Pritzker’s decision to restrict indoor religious gatherings to no more than 10 people.
The quick decision was made after oral arguments last Friday, in which two Chicago-area churches said the governor was discriminating against religion by not allowing them to hold in-person worship services as part of his plan to battle the pandemic.
Elim Romanian Pentecostal Church in Chicago and Logos Baptist Ministries in suburban Niles, Illinois, both serving Romanian Christians, sued Governor Pritzker in May, alleging he was violating several First Amendment rights by targeting religious congregations.
The churches said in their complaint that it is discriminatory that commercial businesses like grocery stores and warehouses have been allowed to remain open while their members were forced to stay away.
Both Elim and Logos began holding in person services with dozens of attendees on the Sunday after their lawsuit was filed, neither deterred by a $500 disorderly conduct fine Elim received from the city.
Last month, U.S. District Judge Robert W. Gettleman, a Bill Clinton appointee, denied their motion for a preliminary injunction that would have blocked the state from enforcing its order, calling the churches selfish in a time of crisis.
“Plaintiffs have provided no evidence that the order targets religion,” the judge said, adding that church services are not comparable to shopping or manufacturing.
“The order has nothing to do with suppressing religion and everything to do with reducing infections and saving lives,” he said.
Arguing in the churches’ appeal of that decision last week, Horatio Mihet of the Florida-based Liberty Counsel said that there is no reason religious institutions can’t hold services and follow the same protocols as stores and warehouses do.
Assistant Attorney General Priyanka Gupta countered that church services were more like concerts and lectures, which have also been regulated under the order.
She added that the seriousness of Covid-19 means that everyone is subject to restrictions, and churches are no exception.
A three-judge panel of the Chicago-based Seventh Circuit agreed with the lower court Tuesday, with Ronald Reagan-appointed U.S. Circuit Judge Frank H. Easterbrook writing for the panel that religious institutions had fared better than their secular counterparts over the last few months.
The panel – which also included U.S. Circuit Judges Michael S. Kanne, another Reagan appointee, and David F. Hamilton, a Barack Obama appointee – noted that churches have at least been allowed to continue services with the 10-person limit, while concert halls, schools and movie theaters have been completely shut down.
“Plaintiﬀs contend, however, that a limit of ten persons eﬀectively forecloses their in-person religious services, even though they are free to hold multiple ten-person services every week, and that the governor’s proposed alternatives — services over the internet or in parking lots while worshipers remain in cars — are inadequate for them,” Easterbrook wrote in a 12-page opinion.
Churches have also been allowed to perform other activities, such as feeding and sheltering the homeless, and the 10-person limit on their worship services was lifted with the newest version of the governor’s order.
“The churches are particularly put out that their members may assemble to feed the poor but not to celebrate their faith,” Easterbrook said, adding that “feeding the body requires teams of people to work together in physical spaces, but churches can feed the spirit in other ways.”
“The free exercise clause does not require a state to accommodate religious functions or exempt them from generally applicable laws,” the ruling concluded. “Illinois did not set out to disadvantage religious services compared with secular events. Nor does the order discriminate among faiths.”
Neither attorney nor the governor’s office returned a request for comment on the decision.


courthousenews--2020-06-16--Arizona Spiking in Covid Patients Since Stay-at-Home Order Lifted

TUCSON , Ariz. ( CN ) – Hospitals across Arizona this week activated a cooperative “ surge line ” to quickly transfer patients and relieve pressure on a health care system facing a spike in Covid-19 hospitalizations since a statewide stay-at-home order was lifted May 15 .
Governor Doug Ducey has attributed the spike in positive cases to an uptick in testing , meanwhile the number of Arizona patients hospitalized with Covid-19 has jumped since mid-May from 1,336 to 1,506 , according to the Arizona Department of Health Services .
At Tucson Medical Center , a 600-plus bed urban hospital @ @ @ @ @ @ @ were occupied by Covid-19 patients Tuesday , and doctors were using the statewide triage surge line , said communication specialist Angela Pittenger .
“ We have found the ( surge line ) to be quick and effective at locating an appropriate level of care for those patients we are not able to accommodate , ” Pittenger said .
The state health department reported 2,392 new cases Tuesday – the highest single-day count of the pandemic .
Statewide , 353,991 tests had been reported by Tuesday with 39,097 ( 11 % ) of those @ @ @ @ @ @ @ metropolitan Phoenix and 4.5 million of the state ’ s 7.3 million residents , accounted for 20,775 of the positive tests and 586 of the state ’ s 1,219 deaths .
Pima County , where just under a million people live mostly in the Tucson area , had 4,329 positive tests by Tuesday , or just under 9 % of 46,718 tests and 226 deaths , the state reported .
The number of Covid-19 cases has risen sharply since May 15 , when Ducey lifted a stay-at-home order on businesses and thousands of @ @ @ @ @ @ @ and other non-essential businesses opened .
On May 15 , the health department reported 563 cases – one-fourth as many as Tuesday .
Ducey last week urged a “ calm and steady ” approach to the pandemic , reassuring residents that hospital capacity is available and suggesting his Covid response worked .
“ The objective of that order was to slow the spread of this virus , ” he said .
“ So the idea was to reduce the number of new cases from one day to the next to help prevent the @ @ @ @ @ @ @ They are not overwhelmed , he said .
In March , the state had 1,532 intensive care beds available .
Today there are 1,657 , plus 600 more temporary beds that can be activated as needed .
The state also has plans to create thousands of new beds in the event of a major surge , he said .
On Tuesday , 80 % of ICU beds were occupied statewide , as were 81 % of standard beds , the health department reported .
Banner Health , Arizona ’ s largest health care @ @ @ @ @ @ @ Tuesday about hospital bed capacity .
“ Our ICUs remain busy , ” spokeswoman Rebecca Ruiz McGill wrote .
“ Banner Health has surge plans to manage an influx of patients , and per AzDHS and Governor Ducey ’ s orders , we are working to expand capacity through activation of those plans.
” Banner urges everyone to stay home if they are sick , wear masks in public , stay six feet from others , and wash hands frequently .
“ This is a deadly virus , and we have an obligation @ @ @ @ @ @ @ lives as possible during this pandemic .
We ask the community to help us , ” she wrote .
Nationwide , the pandemic has claimed 116,140 lives , with 496 deaths reported Tuesday , according to the Centers for Disease Control and Prevention .

Hospitals across Arizona this week activated a cooperative “surge line” to quickly transfer patients and relieve pressure on a health care system facing a spike in Covid-19 hospitalizations since a statewide stay-at-home order was lifted May 15.
TUCSON, Ariz. (CN) — Hospitals across Arizona this week activated a cooperative “surge line” to quickly transfer patients and relieve pressure on a health care system facing a spike in Covid-19 hospitalizations since a statewide stay-at-home order was lifted May 15.
Governor Doug Ducey has attributed the spike in positive cases to an uptick in testing, meanwhile the number of Arizona patients hospitalized with Covid-19 has jumped since mid-May from 1,336 to 1,506, according to the Arizona Department of Health Services.
At Tucson Medical Center, a 600-plus bed urban hospital, 20 of 36 intensive care beds were occupied by Covid-19 patients Tuesday, and doctors were using the statewide triage surge line, said communication specialist Angela Pittenger.
“We have found the (surge line) to be quick and effective at locating an appropriate level of care for those patients we are not able to accommodate,” Pittenger said.
The state health department reported 2,392 new cases Tuesday – the highest single-day count of the pandemic.
Statewide, 353,991 tests had been reported by Tuesday with 39,097 (11%) of those positive. Maricopa County, home to metropolitan Phoenix and 4.5 million of the state’s 7.3 million residents, accounted for 20,775 of the positive tests and 586 of the state’s 1,219 deaths.
Pima County, where just under a million people live mostly in the Tucson area, had 4,329 positive tests by Tuesday, or just under 9% of 46,718 tests and 226 deaths, the state reported.
The number of Covid-19 cases has risen sharply since May 15, when Ducey lifted a stay-at-home order on businesses and thousands of restaurants, bars, salons, gyms and other non-essential businesses opened. On May 15, the health department reported 563 cases — one-fourth as many as Tuesday.
Ducey last week urged a “calm and steady” approach to the pandemic, reassuring residents that hospital capacity is available and suggesting his Covid response worked.
“The objective of that order was to slow the spread of this virus,” he said. “So the idea was to reduce the number of new cases from one day to the next to help prevent the heath care systems from becoming overwhelmed.”
They are not overwhelmed, he said.
In March, the state had 1,532 intensive care beds available. Today there are 1,657, plus 600 more temporary beds that can be activated as needed. The state also has plans to create thousands of new beds in the event of a major surge, he said.
On Tuesday, 80% of ICU beds were occupied statewide, as were 81% of standard beds, the health department reported.
Banner Health, Arizona’s largest health care provider, also offered an emailed statement Tuesday about hospital bed capacity.
“Our ICUs remain busy,” spokeswoman Rebecca Ruiz McGill wrote. “Banner Health has surge plans to manage an influx of patients, and per AzDHS and Governor Ducey’s orders, we are working to expand capacity through activation of those plans.”
Banner urges everyone to stay home if they are sick, wear masks in public, stay six feet from others, and wash hands frequently.
“This is a deadly virus, and we have an obligation to our communities to save as many lives as possible during this pandemic. We ask the community to help us,” she wrote.
Nationwide, the pandemic has claimed 116,140 lives, with 496 deaths reported Tuesday, according to the Centers for Disease Control and Prevention.


courthousenews--2020-06-16--Police Chief in Virginia Capital Resigns Amid Continued Unrest

RICHMOND , Va. ( CN ) — Richmond Chief of Police William Smith is out after 18 days of protests against police brutality in the former capital of the Confederacy .
Smith had overseen the department for the duration of the protests , including during a June 1 event that saw tear gas and pepper spray used on a peaceful crowd about 30 minutes before a recently enacted curfew was put in place .
Two lawsuits against Richmond police have since been filed – one in federal court and the other in local court – against unnamed officers for what @ @ @ @ @ @ @ civil rights .
The first two nights of protests saw some destruction of public and private property , including a city bus burning to the ground as well as the looting of local businesses .
That Sunday , the first night of curfew , police instituted a brutal crackdown , tear-gassing marchers and journalists alike and arresting over 200 people .
Demonstrators reacted to that brutality the next day .
Protests continued peacefully with little police intervention for weeks .
Richmond Mayor Levar Stoney even joined in on some of the city-wide marches @ @ @ @ @ @ @ video emerged of a police SUV driving over a median and running over a protester ’ s bicycle .
In response , protests Sunday and Monday night turned more confrontational with standoffs at police headquarters .
The exchanges saw a return to the use of tear gas and pepper spray late into the night after hours of police and protesters squaring off .
At a press conference Tuesday afternoon , Stoney hoped to quell some of that unrest .
“ We have a good police department in Richmond but I believe we can @ @ @ @ @ @ @ announcing he had requested and then accepted Smith ’ s resignation .
“ We need to do more to elevate the voices in our community and take a human services approach.
” Richmond had few national police scandals to its name considering its deeply racist past .
The city ’ s most famous street , Monument Avenue , is lined with monuments to Confederate generals and leaders .
While the area had long been a source of pride for some and a reminder of bigotry and slavery for others , since the first @ @ @ @ @ @ @ a meeting place for locals to organize and begin marches .
Demonstrators have also turned the monolithic monuments into canvases for graffiti .
But some of the vandalism has manifested more powerfully .
Last week , a statue of Confederate President Jefferson Davis was ripped off its pedestal .
In what would be his last press statement as police chief , Smith said Monday evening that Sunday ’ s protest “ escalated into rioting and violence ” that “ lasted throughout the night and into the early morning hours.
” “ [ Sunday @ @ @ @ @ @ @ what is considered to be lawful First Amendment activity , ” he said .
Smith ’ s account was contradicted by video showing police lobbing tear gas cans into a meandering crowd .
A local man who was present for that demonstration also said he didn ’ t see the level of violence Smith described .
By the time he arrived at police headquarters around 9 p.m. that night , pepper spray was already deployed against the crowd .
“ It was tense , ” the protester , who asked not to be @ @ @ @ @ @ @ in a phone interview .
The protester was pleased to hear Stoney asked for Smith ’ s resignation , but he questioned whether it would make a difference going forward as locals continue to demonstrate .
“ If you ’ re going to ask protesters to hold each other accountable , you should ask the same of your officers , ” he said .
The Virginia ACLU has also questioned Stoney ’ s response .
“ After-the-fact apologies are insufficient to remedy the harm and ongoing risk that individuals face when exercising their @ @ @ @ @ @ @ ACLU-VA Executive Director Claire Guthrie Gastañaga said in a letter sent to the mayor after Saturday ’ s incident involving a police car hitting a protester ’ s bicycle .
Meanwhile , Stoney , who is up for re-election this fall , promised a holistic approach to fixing the police department ’ s damaged reputation .
“ I respect those who [ peacefully protest and ] I want you at the table , ” the mayor said .
He called for input from those who had taken to the streets as well as @ @ @ @ @ @ @ .
He has also asked the Richmond City Council to create an independent civilian review board that oversees police and institute a mental health alert system named after a local man , Marcus-David Peters , who died at the hands of Richmond police during a mental health crisis in 2018 .
“ I believe we have to find ways to reimagine the way we keep the public safe , ” Stoney added .
“ [ Using police in these roles ] does not make our country or city safer .
That must change @ @

Richmond Chief of Police William Smith is out after 18 days of protests against police brutality in the former capital of the Confederacy.
RICHMOND, Va. (CN) — Richmond Chief of Police William Smith is out after 18 days of protests against police brutality in the former capital of the Confederacy.
Smith had overseen the department for the duration of the protests, including during a June 1 event that saw tear gas and pepper spray used on a peaceful crowd about 30 minutes before a recently enacted curfew was put in place. Two lawsuits against Richmond police have since been filed — one in federal court and the other in local court — against unnamed officers for what the protesters call a violation of their civil rights.
The first two nights of protests saw some destruction of public and private property, including a city bus burning to the ground as well as the looting of local businesses. That Sunday, the first night of curfew, police instituted a brutal crackdown, tear-gassing marchers and journalists alike and arresting over 200 people. Demonstrators reacted to that brutality the next day.
Protests continued peacefully with little police intervention for weeks. Richmond Mayor Levar Stoney even joined in on some of the city-wide marches. But this past Saturday night, video emerged of a police SUV driving over a median and running over a protester’s bicycle. In response, protests Sunday and Monday night turned more confrontational with standoffs at police headquarters.
The exchanges saw a return to the use of tear gas and pepper spray late into the night after hours of police and protesters squaring off.
At a press conference Tuesday afternoon, Stoney hoped to quell some of that unrest.
“We have a good police department in Richmond but I believe we can be better,” Stoney said before announcing he had requested and then accepted Smith’s resignation. “We need to do more to elevate the voices in our community and take a human services approach.”
Richmond Mayor Levar Stoney announces the resignation of Police Chief William Smith at a press conference Tuesday, June 16, 2020. (Courthouse News photo/Brad Kutner)
Richmond had few national police scandals to its name considering its deeply racist past.
The city’s most famous street, Monument Avenue, is lined with monuments to Confederate generals and leaders. While the area had long been a source of pride for some and a reminder of bigotry and slavery for others, since the first weekend of protests it has turned into a meeting place for locals to organize and begin marches.
Demonstrators have also turned the monolithic monuments into canvases for graffiti. But some of the vandalism has manifested more powerfully. Last week, a statue of Confederate President Jefferson Davis was ripped off its pedestal.
In what would be his last press statement as police chief, Smith said Monday evening that Sunday’s protest “escalated into rioting and violence” that “lasted throughout the night and into the early morning hours.”
“[Sunday] night’s actions far exceeded what is considered to be lawful First Amendment activity,” he said.
Smith’s account was contradicted by video showing police lobbing tear gas cans into a meandering crowd.
A local man who was present for that demonstration also said he didn’t see the level of violence Smith described. By the time he arrived at police headquarters around 9 p.m. that night, pepper spray was already deployed against the crowd.
“It was tense,” the protester, who asked not to be named for fear of reprisal, said in a phone interview.
The protester was pleased to hear Stoney asked for Smith’s resignation, but he questioned whether it would make a difference going forward as locals continue to demonstrate.
“If you’re going to ask protesters to hold each other accountable, you should ask the same of your officers,” he said.
The Virginia ACLU has also questioned Stoney’s response.
"After-the-fact apologies are insufficient to remedy the harm and ongoing risk that individuals face when exercising their constitutional rights in this city," ACLU-VA Executive Director Claire Guthrie Gastañaga said in a letter sent to the mayor after Saturday’s incident involving a police car hitting a protester’s bicycle.
Meanwhile, Stoney, who is up for re-election this fall, promised a holistic approach to fixing the police department’s damaged reputation.
“I respect those who [peacefully protest and] I want you at the table,” the mayor said.
He called for input from those who had taken to the streets as well as those who have been advocating from home. He has also asked the Richmond City Council to create an independent civilian review board that oversees police and institute a mental health alert system named after a local man, Marcus-David Peters, who died at the hands of Richmond police during a mental health crisis in 2018.
“I believe we have to find ways to reimagine the way we keep the public safe,” Stoney added. “[Using police in these roles] does not make our country or city safer. That must change.”


courthousenews--2020-06-16--Meatpacking Industry Struggles to Find New Normal

( CN ) – After being slow to implement safety precautions during the early days of the Covid-19 pandemic , the meatpacking industry has seen a string of outbreaks in plants that have killed hundreds of workers .
Now companies in the United States try to balance worker safety with keeping production high .
Complicating matters is a late April executive order from President Trump that mandated industrial meat production continue as an essential service—and it has .
According to the Department of Agriculture , U.S. meat producers are now operating around 95 % capacity when compared to 2019 .
@ @ @ @ @ @ @ among workers seem to be holding steady in the face of efforts to stop the spread .
Labor advocates say there should be concern about this , as the status quo is troubling .
In testimony before the House Oversight and Reform Committee last week , Marc Perrone , president of the United Food and Commercial Workers International Union , urged Congress to enact sweeping protections for meatpacking and grocery store workers .
“ Millions of workers who lack access to paid sick days and paid family and medical leave are facing the @ @ @ @ @ @ @ or risking the loss of a paycheck or job .
Strong anti-retaliation protections must be in place in order to ensure that workers who feel ill , or who are suffering from Covid-19 , can remain at home , in quarantine for the full period of time recommended by the CDC , ” Perrone told lawmakers .
At the June 10 hearing , he estimated that 225 union members have died from the virus , with over 29,000 being either sick or exposed to someone who is sick .
UFCW is the largest @ @ @ @ @ @ @ represents 1.3 million workers .
In an ag-centric state like Nebraska , where the virus has largely been contained outside of meatpacking communities , it is easy to see the impact meatpacking has had .
On its online dashboard , a heat map shows the most infections in Douglas , Hall and Dakota counties , which are home to multiple large meatpacking operations .
Douglas County contains Omaha , along with much of the state ’ s population , but the most troubling numbers come from Hall and Dakota counties , where 72 @ @ @ @ @ @ @ have occurred .
In comparison , Douglas County , which has seven times the population of the other two counties , has a lower death count , with a total of 60 .
Following Trump ’ s order in April , Nebraska and other states stopped reporting separate Covid-19 infection data from plants and only report on a county-by-county basis .
Nebraska also doesn ’ t break down the data by ethnicity , though , on May 29 , a spokeswoman did note that Hispanic communities are bearing the brunt of infections here @ @ @ @ @ @ @ the population , Latinos suffered 48 % of Covid-19 infections and 20 % of deaths in Nebraska .
These numbers were no surprise to the organizers of Children of Smithfield .
As the name suggests , the group was formed in April by young people whose parents work at a Smithfield pork processing plant in Crete , Nebraska .
They knew each other from social media and started a Facebook group to talk about what they could do to address safety issues .
Since then they have earned widespread attention for their efforts @ @ @ @ @ @ @ vocal about how the response was too little , too late .
Had the companies been more active , they could have mitigated the spread , ” group admin Dulce Castaneda told Courthouse News in an interview .
Children of Smithfield advocate for paid sick leave and hazard pay for all workers ; more personal protective equipment and sanitation in plants ; and a program that would allow workers to make confidential reports of workplace hazards in order to limit retaliation against those who speak out .
Castaneda also pointed out that the @ @ @ @ @ @ @ on the lines and in locker rooms .
Smithfield Foods has been in the news in recent months for its failure to contain outbreaks .
They were forced to temporarily close multiple plants and were sued by workers from a Missouri plant who asked a judge to mandate that the company enact safety measures .
“ Every other industry and sector of our community took action earlier on , ” Castaneda said .
“ When we knew campuses and dorms could be hotspots , students were told to go home , it ’ @ @ @ @ @ @ @ about the populations who are affected and who have been largely affected , it ’ s largely people of color and immigrants .
It ’ s understandable that they ’ re essential workers , we just want people to understand that they deserve essential protections too.
” Even as plants implement new protections , Castaneda said there are communication barriers , saying that most workers get information by word of mouth instead of through their company or local health departments .
Denise Kracl , the county attorney of Colfax County , another of @ @ @ @ @ @ @ s heat map , agreed that communication is a constant hurdle for officials who work with meatpacking communities , and it goes well beyond printing information in Spanish .
“ We can always do a better job as government to communicate with everyone in our community .
We try hard in Colfax County to understand cultures and have worked with Lutheran Family Services to communicate with Somali , Sudanese and Arabic-speaking groups .
We want to serve everyone in our community , it ’ s just a constant challenge , ” Kracl told @ @ @ @ @ @ @ bank event in Schuyler , the county seat of Colfax County , the town ’ s United Methodist church received a grant to print education materials in several different languages .
Locals worked with their state senator , Bruce Bostelman , and the office of Governor Pete Ricketts to get translations that can be hard to track down .
Interpreters who work at the local Cargill beef plant have also volunteered to help in the community .
“ The folks at Cargill take great pride in keeping workers safe , ” Kracl said @ @ @ @ @ @ @ that people live together but work for different companies .
We ’ re a very transient community .
People in Schuyler work all over the region .
The fact that we got hit late shows that we put in a lot of effort as a community to fight this.
” Cargill was also lauded by Perrone , the union president , for doing “ what is right ” by workers .
The beef plant in Colfax County employs union workers .
Kracl has toured that facility and mentioned that households of meatpackers often @ @ @ @ @ @ @ So even if one plant does everything right , many households in the community are still at risk because a sibling or nephew who a worker shares an apartment with might work in a different plant , in a different county where they were slower to take precautions .
According to what Kracl saw in the Schuyler plant , along with press releases from major producers like Cargill and Tyson Foods , these safety measures include mandating the wearing of masks , putting up plastic sheeting between work stations , implementing “ rolling @ @ @ @ @ @ @ and taking the temperature of everyone who enters the plant .
In the center of south Omaha ’ s once-famed meatpacking district , several white tents are visible outside plants where workers are tested for infections .
Although many state governments are not , Tyson Foods has been forthcoming with its infection numbers .
In a recent release , Tyson reported that 591 workers , about a quarter of the total , at a pork plant in Storm Lake , Iowa , tested positive for Covid-19 infection .
Of these , more than @ @ @ @ @ @ @ .
Meanwhile , a survey released late last week from the Center for Reducing Health Disparities at the University of Nebraska Medical Center revealed that safety precautions are being implemented inconsistently across the region .
The survey of 443 meatpacking workers , most of whom are immigrants from Mexico and Central America , showed that 87 % of workers saw mandatory temperature checks , 83 % saw mandatory wearing of masks and 81 % saw signage posted in different languages .
Meanwhile , only 40 % saw increased distance between workers , 30 @ @ @ @ @ @ @ and 30 % provided workers with additional time off .
Tellingly , 72 % of workers believe they are at high risk of contracting the novel Covid-19 virus .
Dr. Athena Ramos , an assistant professor at the Center for Reducing Health Disparities who conducted the survey , told Courthouse News that while the use of personal protective equipment is important , supplemental measures can go a long way toward making workers safe .
“ I would say that workers are very worried about contracting Covid-19 at work , both for their own @ @ @ @ @ @ @ ” Ramos said .
“ Now is not the time to let down our guard .
We must continue to be vigilant in our strategies to reduce the transmission of COVID-19 both in the workplace and in the community.
” Another part of the puzzle is the nature of the job .
While plastic barriers and masks are relatively simple to implement on the “ cold side ” of the operation—the part with conveyor belts and workers butchering meat that we see above—the “ hot side ” and its kill floor is more @ @ @ @ @ @ @ Workers on the hot side are given masks and shields , but the bloody nature of the work can quickly render those precautions useless .
So the conflict between keeping production high and keeping workers safe remains a difficult one to resolve .
For instance , the Cargill plant in Schuyler is now offering an $ 8 per hour bonus for good attendance to counter high rates of absenteeism caused by both the fear of being infected and actual infections .
But this also incentivizes workers to come into work when they should @ @ @ @ @ @ @ Castaneda of Children of Smithfield , companies often pay for only one week of sick time , if any time at all , which causes workers to return before the recommended quarantine duration is over .
“ We want to keep food production secure , but we also want to keep citizens and residents safe , ” said Kracl .
These tensions are difficult to resolve when there is a lot of money and a presidential order to contend with .
On the government side of this , advocates say that worker safety @ @ @ @ @ @ @ that we should be wary of claims that the food supply is at imminent risk .
“ The USDA itself is showing that industry claims of impending food shortages are hogwash , ” Tony Corbo , of the non-profit Food and Water Watch , noted in a statement from May .
“ Meat exports are actually increasing and cold storage stockpiles of meat are growing .
Meanwhile , the numbers of workers in deregulated plants are proving for us the importance of meat slaughter line speed caps and federal meat inspection .
USDA @ @ @ @ @ @ @ in the mirror and reverse course immediately.
” Speaking with Courthouse News on the phone earlier this month , Corbo also took issue with the idea that the current status quo and flattening of infections should be seen as a positive development .
“ The thing is , steady is not good enough .
People are still getting sick .
We ’ re still hearing about death in meatpacking plants .
And there seems to be a clampdown on the amount of information coming out , ” Corbo said .
He also noted @ @ @ @ @ @ @ the outbreak and that government workers often lack proper safety equipment .
Amid the pandemic , factors that have plagued the industry for decades have reached a fever-pitch .
The hands-on nature of work that can not be done by machines requires a large workforce who is willing to perform tough , often bloody jobs in conditions that are unimaginable to most Americans , often for relatively low pay .
Inconsistent regulation and mixed messages from Washington contribute to a confusing landscape , even before the pandemic .
For these reasons , Corbo @ @ @ @ @ @ @ seen few changes since the days of Upton Sinclair .
Yet , as an industry in flex , a new normal could potentially lead to better conditions .
The hope of those who spoke to CNS is that increased public scrutiny this year could lead to positive changes .
“ This has shown a light on the ongoing issues on meatpacking and occupational safety , ” Corbo said .
“ There needs to be a lot more done in terms of protecting these workers in the plants .
Covid is just one part @ @ @ @

(CN) — After being slow to implement safety precautions during the early days of the Covid-19 pandemic, the meatpacking industry has seen a string of outbreaks in plants that have killed hundreds of workers. Now companies in the United States try to balance worker safety with keeping production high.
Complicating matters is a late April executive order from President Trump that mandated industrial meat production continue as an essential service— and it has. According to the Department of Agriculture, U.S. meat producers are now operating around 95% capacity when compared to 2019.
This despite the fact that infection rates among workers seem to be holding steady in the face of efforts to stop the spread. Labor advocates say there should be concern about this, as the status quo is troubling.
In testimony before the House Oversight and Reform Committee last week, Marc Perrone, president of the United Food and Commercial Workers International Union, urged Congress to enact sweeping protections for meatpacking and grocery store workers.
“Millions of workers who lack access to paid sick days and paid family and medical leave are facing the devastating choice between risking their own health or risking the loss of a paycheck or job. Strong anti-retaliation protections must be in place in order to ensure that workers who feel ill, or who are suffering from Covid-19, can remain at home, in quarantine for the full period of time recommended by the CDC,” Perrone told lawmakers.
At the June 10 hearing, he estimated that 225 union members have died from the virus, with over 29,000 being either sick or exposed to someone who is sick. UFCW is the largest private sector union in the country and represents 1.3 million workers.
In an ag-centric state like Nebraska, where the virus has largely been contained outside of meatpacking communities, it is easy to see the impact meatpacking has had.
On its online dashboard, a heat map shows the most infections in Douglas, Hall and Dakota counties, which are home to multiple large meatpacking operations. Douglas County contains Omaha, along with much of the state’s population, but the most troubling numbers come from Hall and Dakota counties, where 72 of the state’s 216 deaths have occurred.
In comparison, Douglas County, which has seven times the population of the other two counties, has a lower death count, with a total of 60.
Following Trump’s order in April, Nebraska and other states stopped reporting separate Covid-19 infection data from plants and only report on a county-by-county basis. Nebraska also doesn’t break down the data by ethnicity, though, on May 29, a spokeswoman did note that Hispanic communities are bearing the brunt of infections here. Despite comprising only 11% of the population, Latinos suffered 48% of Covid-19 infections and 20% of deaths in Nebraska.
These numbers were no surprise to the organizers of Children of Smithfield. As the name suggests, the group was formed in April by young people whose parents work at a Smithfield pork processing plant in Crete, Nebraska. They knew each other from social media and started a Facebook group to talk about what they could do to address safety issues. Since then they have earned widespread attention for their efforts.
“We’ve been pretty vocal about how the response was too little, too late. Had the companies been more active, they could have mitigated the spread,” group admin Dulce Castaneda told Courthouse News in an interview.
A pop-up tent in Omaha tests workers for Covid-19 infections. (Courthouse News Service photo/Ted Wheeler)
Children of Smithfield advocate for paid sick leave and hazard pay for all workers; more personal protective equipment and sanitation in plants; and a program that would allow workers to make confidential reports of workplace hazards in order to limit retaliation against those who speak out. Castaneda also pointed out that the meatpacking industry has not implemented distancing programs on the lines and in locker rooms.


Protection Orders

COLUMBUS , Ohio — The Ohio Supreme Court ruled that a stalking protection order that prohibits an individual from making @ @ @ @ @ about the petitioner who obtained the order is a violation of the First Amendment .


Virus Orders

CHICAGO — The Illinois Republican Party sued Democratic Governor J.B. Pritzker over an executive order that bans large gatherings of @ @ @ @ @ allows religious groups and protesters to congregate at will .


courthousenews--2020-06-17--India Virus Deaths Hit Record of 2,000 on Wednesday

NEW DELHI ( AFP ) — India ’ s official coronavirus death toll leapt by more than 2,000 Wednesday as the country struggles to contain a ballooning health crisis that has overwhelmed hospitals .
The news came as Germany urged its nationals in India to consider leaving for their own safety , and France warned its citizens in New Delhi to stay home unless going to an airport to return to Europe .
Authorities said the sharp increase in fatalities to 11,903 was mainly due to Mumbai and Delhi updating their figures .
Death tolls in both cities have been @ @ @ @ @ @ @ unspecified accounting “ discrepancies ” for the increase of 862 to 3,165 deaths .
Delhi added more than 430 fatalities , taking its total to more than 1,800 .
Officials said 93 of the Delhi deaths and 55 in Mumbai had been in the previous 24 hours .
The epidemic has badly hit India ’ s densely populated major cities and Chennai in the south ordered a new lockdown because of a surge in cases .
Hospitals in Mumbai have been overwhelmed , and the government has sent specially adapted railway carriages to @ @ @ @ @ @ @ and banquet halls to accommodate coronavirus patients .
Germany recommended its citizens in India to “ seriously consider whether a temporary return to Germany or another country with an assured health-care system makes sense.
” “ Case numbers are still rising strongly .
This increases considerably the risk of infection , ” the foreign ministry said .
People with the coronavirus or other serious medical needs have “ no or very little chance of being admitted to hospitals .
This increases considerably the health risks of a stay in India , ” it @ @ @ @ @ @ @ sent a warning to its nationals saying that hospitals in the city are “ more and more saturated.
” It said people should stay home unless there is an emergency “ or it is to reach an airport for a flight to Europe.
” Air France and German carrier Lufthansa have organized a number of special flights from Delhi to Europe this month for people trying to leave the country .
India is the fourth worst-hit country in the world , with more than 354,000 reported infections .
Experts say the real number @ @ @ @ @ @ @ called for greater testing .
The Delhi government alone has warned that it could have 550,000 cases by the end of July .
But Prime Minister Narendra Modi ’ s government has declared a nationwide lockdown imposed in late March a success and has been steadily lifting restrictions .

India's official coronavirus death toll leapt by more than 2,000 Wednesday as the country struggles to contain a ballooning health crisis that has overwhelmed hospitals.
NEW DELHI (AFP) — India's official coronavirus death toll leapt by more than 2,000 Wednesday as the country struggles to contain a ballooning health crisis that has overwhelmed hospitals.
The news came as Germany urged its nationals in India to consider leaving for their own safety, and France warned its citizens in New Delhi to stay home unless going to an airport to return to Europe.
Authorities said the sharp increase in fatalities to 11,903 was mainly due to Mumbai and Delhi updating their figures.
Death tolls in both cities have been increasing in recent days.
Mumbai blamed unspecified accounting "discrepancies" for the increase of 862 to 3,165 deaths.
Delhi added more than 430 fatalities, taking its total to more than 1,800.
Officials said 93 of the Delhi deaths and 55 in Mumbai had been in the previous 24 hours.
The epidemic has badly hit India's densely populated major cities and Chennai in the south ordered a new lockdown because of a surge in cases.
Hospitals in Mumbai have been overwhelmed, and the government has sent specially adapted railway carriages to Delhi and authorities have taken over hotels and banquet halls to accommodate coronavirus patients.
Germany recommended its citizens in India to "seriously consider whether a temporary return to Germany or another country with an assured health-care system makes sense."
"Case numbers are still rising strongly. This increases considerably the risk of infection," the foreign ministry said.
People with the coronavirus or other serious medical needs have "no or very little chance of being admitted to hospitals. This increases considerably the health risks of a stay in India," it said.
The French Embassy in Delhi sent a warning to its nationals saying that hospitals in the city are "more and more saturated."
It said people should stay home unless there is an emergency "or it is to reach an airport for a flight to Europe."
Air France and German carrier Lufthansa have organized a number of special flights from Delhi to Europe this month for people trying to leave the country.
India is the fourth worst-hit country in the world, with more than 354,000 reported infections. Experts say the real number of cases is much higher and have called for greater testing.
The Delhi government alone has warned that it could have 550,000 cases by the end of July.
But Prime Minister Narendra Modi's government has declared a nationwide lockdown imposed in late March a success and has been steadily lifting restrictions.
© Agence France-Presse


courthousenews--2020-06-17--Facebook Says It Will Block Foreign State Media Election Ads

SAN FRANCISCO ( AFP ) — Facebook says it will block ads from foreign state media during the U.S. election campaign , and allow users to hide paid-for political messages .
The move comes with Facebook under growing pressure over its hands-off approach to misinformation and inflammatory posts — including from Donald Trump — and criticism that it turned a blind eye to foreign interference in the 2016 presidential election .
Facebook ’ s head of global affairs acknowledged the company fell short during the contentious election in which it has acknowledged Russia-backed content reached as many as 126 million @ @ @ @ @ @ @ Deputy Prime Minister Nick Clegg , writing in the UK ’ s Daily Telegraph newspaper Wednesday , said the company would be “ blocking all ads in the U.S. during the election period from state-controlled media organizations from other countries.
” Anyone running political ads on the platform would have to be authorized to do so , Clegg said , adding that between March and May Facebook had stopped “ more than 750,000 political ads targeting the U.S. from running because the advertiser had not completed the authorization process.
” He said Facebook @ @ @ @ @ @ @ safety and security issues , three times the number of four years ago .
In a separate opinion piece , Facebook CEO Mark Zuckerberg said he wanted to use the vast reach of his company for good in the November election .
The threat to democracy “ is real and ongoing , but our systems are more prepared than ever , ” he said .
Announcing a campaign aimed at getting 4 million people registered to vote , Zuckerberg said Facebook was creating a new hub with “ authoritative information , including how @ @ @ @ @ @ @ as details about voter registration , voting by mail and information about early voting.
” Facebook announced the voter hub at the beginning of June , and promised to review policies that led to the decision not to moderate controversial messages .
For users who have already made up their minds “ and just want the election to be over , ” Zuckerberg wrote , the network is “ also introducing the ability to turn off seeing political ads.
” The feature will be rolled out beginning on June 24 and will allow @ @ @ @ @ @ @ and social issue ads .
Zuckerberg has been strongly criticized for his company ’ s decision not to moderate controversial , incendiary and false posts by President Trump .
Twitter ’ s decision in May to hide one of Trump ’ s tweets for “ glorifying violence ” exposed turmoil at Facebook , with employees rebelling against Zuckerberg ’ s refusal to sanction false and inflammatory posts by Trump .
But writing in USA Today , he again defended his network ’ s guidelines .
Facebook has “ rules against speech that will @ @ @ @ @ @ @ , and no one is exempt from them , ” he wrote .
“ But accountability only works if we can see what those seeking our votes are saying , even if we viscerally dislike what they say.
” The best way to hold politicians accountable is by voting , Zuckerberg wrote .

Facebook says it will block ads from foreign state media during the U.S. election campaign, and allow users to hide paid-for political messages.
SAN FRANCISCO (AFP) — Facebook says it will block ads from foreign state media during the U.S. election campaign, and allow users to hide paid-for political messages.
The move comes with Facebook under growing pressure over its hands-off approach to misinformation and inflammatory posts — including from Donald Trump — and criticism that it turned a blind eye to foreign interference in the 2016 presidential election.
A man poses for a photo with a red flag in front of the closed Red Square during the 75th anniversary of the Nazi defeat in World War II in Moscow, Russia, Saturday, May 9, 2020. Victory Day is Russia's most important secular holiday and this year's observance had been expected to be especially large because it is the 75th anniversary, but the Red Square military parade and a mass procession called The Immortal Regiment were postponed as part of measures to stifle the spread of coronavirus. (AP Photo/Pavel Golovkin)
Facebook's head of global affairs acknowledged the company fell short during the contentious election in which it has acknowledged Russia-backed content reached as many as 126 million Americans on its platform.
Former British Deputy Prime Minister Nick Clegg, writing in the UK's Daily Telegraph newspaper Wednesday, said the company would be "blocking all ads in the U.S. during the election period from state-controlled media organizations from other countries."
Anyone running political ads on the platform would have to be authorized to do so, Clegg said, adding that between March and May Facebook had stopped "more than 750,000 political ads targeting the U.S. from running because the advertiser had not completed the authorization process."
He said Facebook has more than 35,000 people working on safety and security issues, three times the number of four years ago.
In a separate opinion piece, Facebook CEO Mark Zuckerberg said he wanted to use the vast reach of his company for good in the November election.
The threat to democracy "is real and ongoing, but our systems are more prepared than ever," he said.
Announcing a campaign aimed at getting 4 million people registered to vote, Zuckerberg said Facebook was creating a new hub with "authoritative information, including how and when to vote, as well as details about voter registration, voting by mail and information about early voting."
Facebook announced the voter hub at the beginning of June, and promised to review policies that led to the decision not to moderate controversial messages.
For users who have already made up their minds "and just want the election to be over," Zuckerberg wrote, the network is "also introducing the ability to turn off seeing political ads."
The feature will be rolled out beginning on June 24 and will allow users to turn off political, electoral and social issue ads.
Zuckerberg has been strongly criticized for his company's decision not to moderate controversial, incendiary and false posts by President Trump.
Twitter's decision in May to hide one of Trump's tweets for "glorifying violence" exposed turmoil at Facebook, with employees rebelling against Zuckerberg's refusal to sanction false and inflammatory posts by Trump.
But writing in USA Today, he again defended his network's guidelines.
Facebook has "rules against speech that will cause imminent physical harm or suppress voting, and no one is exempt from them," he wrote.
"But accountability only works if we can see what those seeking our votes are saying, even if we viscerally dislike what they say."
The best way to hold politicians accountable is by voting, Zuckerberg wrote.
© Agence France-Presse


courthousenews--2020-06-17--Turkey Deploys Troops Against Kurds in Iraq

ANKARA , Turkey ( AFP ) — Turkey launched an air and ground offensive against Kurds in northern Iraq on Wednesday , in a move likely to increase friction with the Baghdad government .
The Turkish defense ministry said “ commandos ” moved in supported by drones and helicopters , after a bombardment with rocket launchers and artillery guns that hit more than 150 targets .
It said the operation , dubbed “ Claw-Tiger , ” came after a “ recent upsurge in attacks on our police stations and military bases ” near the Iraqi border .
Turkey carried out @ @ @ @ @ @ @ response from Iraq , which called them “ a violation of sovereignty.
” The Turkish military regularly carries out operations against the Kurdistan Workers ’ Party ( PKK ) in southeast Turkey and its bases across the border .
The operation on Sunday night featured raids in the northern Iraqi territories of Kandil , Sinjar and Hakurk .
“ Turkey continues its effective fight against terror using its rights based on international law , ” Omer Celik said on Twitter .
“ It is our most natural right and duty to fight against @ @ @ @ @ @ @ and security forces.
” The PKK , which has fought an insurgency against the Turkish state since 1984 , is banned as a terrorist group by Ankara and its Western allies .
Tens of thousands have been killed during the violence , which resumed after a two-year ceasefire collapsed in 2015 .
PKK bases are not explicitly authorized but are tolerated by an autonomous Kurdish administration in northern Iraq .
Iraq summoned Turkey ’ s Baghdad envoy Fatih Yildiz after the raids on Sunday night .
The ambassador tweeted he had informed Iraqi @ @ @ @ @ @ @ PKK wherever it is ” if Iraq did not “ take any steps ” to remove the PKK ’ s presence .

Turkey launched an air and ground offensive against Kurds in northern Iraq on Wednesday, in a move likely to increase friction with the Baghdad government.
ANKARA, Turkey (AFP) — Turkey launched an air and ground offensive against Kurds in northern Iraq on Wednesday, in a move likely to increase friction with the Baghdad government.
The Turkish defense ministry said "commandos" moved in supported by drones and helicopters, after a bombardment with rocket launchers and artillery guns that hit more than 150 targets.
It said the operation, dubbed "Claw-Tiger," came after a "recent upsurge in attacks on our police stations and military bases" near the Iraqi border.
Turkey carried out airstrikes this week that drew an angry response from Iraq, which called them "a violation of sovereignty."
The Turkish military regularly carries out operations against the Kurdistan Workers' Party (PKK) in southeast Turkey and its bases across the border.
The operation on Sunday night featured raids in the northern Iraqi territories of Kandil, Sinjar and Hakurk.
President Recep Tayyip Erdogan's ruling party spokesman defended Turkey's actions.
"Turkey continues its effective fight against terror using its rights based on international law," Omer Celik said on Twitter.
"It is our most natural right and duty to fight against terrorists who attack our borders, citizens and security forces."
The PKK, which has fought an insurgency against the Turkish state since 1984, is banned as a terrorist group by Ankara and its Western allies.
Tens of thousands have been killed during the violence, which resumed after a two-year ceasefire collapsed in 2015.
PKK bases are not explicitly authorized but are tolerated by an autonomous Kurdish administration in northern Iraq.
Iraq summoned Turkey's Baghdad envoy Fatih Yildiz after the raids on Sunday night.
The ambassador tweeted he had informed Iraqi officials that Turkey would "fight the PKK wherever it is" if Iraq did not "take any steps" to remove the PKK's presence.
by RAZIYE AKKOC
© Agence France-Presse