courthousenews--2020-12-23--Ohio High Court Upholds Ban on Gun Possession While Drunk

The majority agreed with the state that the law serves the legitimate governmental interest of protecting people from harm caused by the combination of firearms and alcohol .
COLUMBUS , Ohio ( CN ) — A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes , a divided state high court ruled Wednesday .
The Ohio Supreme Court ’ s 4-3 decision stems from the 2018 arrest and subsequent trial of Frederick Weber on a single misdemeanor charge of carrying a firearm @ @ @ @ @ @ @ codified in section 2923.15 of the Ohio Revised Code .
Weber was arrested in Clermont County after his wife called police at 4 a.m. and told the dispatcher he was “ very intoxicated and holding a shotgun , ” according to court documents .
Weber ’ s wife told police everything was okay when they arrived , but police entered the home and confronted Weber , who was still holding the weapon , which he claimed was not loaded .
The officers attempted to perform field sobriety tests after Weber put the weapon @ @ @ @ @ @ @ drunk he could not follow their commands .
Weber was convicted after a bench trial and sentenced to a suspended , 10-day prison sentence , eight hours of community service and a $ 100 fine .
He appealed to the state ’ s high court after an appeals court upheld his conviction , arguing the law is an unconstitutional infringement on his Second Amendment right to bear arms .
Gary Rosenhoffer , Weber ’ s attorney , argued the right to have a gun in your home is “ absolute , ” and @ @ @ @ @ @ @ in District of Columbia v. Heller .
Writing for the majority Wednesday , Chief Justice Maureen O ’ Connor was quick to point out that the Heller decision did not grant Americans an “ unlimited ” right to bear arms .
“ Weber ’ s merits brief is only six pages long , and he presents no historical evidence and no discussion of how the original understanding of the right to bear arms relates to this case , ” she said .
“ This is significant because the complete ban on handgun possession @ @ @ @ @ @ @ in Heller is very different from the very limited ban in R.C .
2923.15 , which prohibits only carrying or using a firearm while intoxicated.
” O ’ Connor rejected Rosenhoffer ’ s plea to apply strict scrutiny to his client ’ s case , and instead cited the application of intermediate scrutiny by “ numerous courts … to regulations on guns ” as the appropriate analytical framework .
The state argued the criminal statute imposes a minimal burden on a citizen ’ s right to bear arms and serves the legitimate governmental @ @ @ @ @ @ @ from the combination of firearms and alcohol , ” and O ’ Connor agreed .
“ When an intoxicated person carries or uses a gun , ” she wrote , “ either at home or outside the home , the impairment of cognitive functions and motor skills can result in harm to anyone around the intoxicated person and even to the intoxicated person himself or herself.
” O ’ Connor also dismissed the notion that the unloaded nature of Weber ’ s gun should have altered the state ’ s application of the @ @ @ @ @ @ @ “ presumes that an intoxicated person can be expected to accurately determine whether a gun is unloaded.
” The judge pointed to “ far broader and more burdensome laws , ” including lifetime bans for certain criminals , that have passed constitutional muster .
She noted even the National Rifle Association admits “ it is unsafe to carry a gun while intoxicated , and they do not make any distinction based on whether one is at home or the gun is unloaded.
” Justices Michael Donnelly and Melody Stewart concurred with O ’ @ @ @ @ @ @ @ R. Patrick DeWine concurred in judgment only .
Justice Patrick Fischer wrote a dissenting opinion that said the case shold be remanded to allow the state ’ s 12th District Court of Appeals to apply an analytical framework based on the Second Amendment .
“ In Heller , ” Fischer said , “ the court notably did not employ an interest-balancing test when faced with a Second Amendment challenge .
Rather , the court resolved that case by focusing on the text , history , and tradition of the Second Amendment.
” Fischer @ @ @ @ @ @ @ of the “ English roots ” of the right to bear arms , and said that any permissible restrictions would have to be based on “ historical justifications.
” Neither the Clermont County Prosecutor ’ s Office nor Rosenhoffer immediately responded to requests for comment .

A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes, a divided state high court ruled Wednesday.
COLUMBUS, Ohio (CN) — A 1974 Ohio law that criminalizes possession of a firearm while intoxicated does not violate the Second Amendment and can be enforced against citizens in their own homes, a divided state high court ruled Wednesday.
The Ohio Supreme Court’s 4-3 decision stems from the 2018 arrest and subsequent trial of Frederick Weber on a single misdemeanor charge of carrying a firearm while under the influence of alcohol, codified in section 2923.15 of the Ohio Revised Code.
Weber was arrested in Clermont County after his wife called police at 4 a.m. and told the dispatcher he was “very intoxicated and holding a shotgun,” according to court documents.
Weber’s wife told police everything was okay when they arrived, but police entered the home and confronted Weber, who was still holding the weapon, which he claimed was not loaded.
The officers attempted to perform field sobriety tests after Weber put the weapon down, but he was apparently so drunk he could not follow their commands.
Weber was convicted after a bench trial and sentenced to a suspended, 10-day prison sentence, eight hours of community service and a $100 fine.
He appealed to the state’s high court after an appeals court upheld his conviction, arguing the law is an unconstitutional infringement on his Second Amendment right to bear arms.
Gary Rosenhoffer, Weber’s attorney, argued the right to have a gun in your home is “absolute,” and cited the 2008 U.S. Supreme Court ruling in District of Columbia v. Heller.
Writing for the majority Wednesday, Chief Justice Maureen O’Connor was quick to point out that the Heller decision did not grant Americans an “unlimited” right to bear arms.
“Weber’s merits brief is only six pages long, and he presents no historical evidence and no discussion of how the original understanding of the right to bear arms relates to this case,” she said. “This is significant because the complete ban on handgun possession in the home that was at issue in Heller is very different from the very limited ban in R.C. 2923.15, which prohibits only carrying or using a firearm while intoxicated.”
O’Connor rejected Rosenhoffer’s plea to apply strict scrutiny to his client’s case, and instead cited the application of intermediate scrutiny by “numerous courts … to regulations on guns” as the appropriate analytical framework.
The state argued the criminal statute imposes a minimal burden on a citizen’s right to bear arms and serves the legitimate governmental interest of protecting people “from harm from the combination of firearms and alcohol,” and O’Connor agreed.
“When an intoxicated person carries or uses a gun,” she wrote, “either at home or outside the home, the impairment of cognitive functions and motor skills can result in harm to anyone around the intoxicated person and even to the intoxicated person himself or herself."
O’Connor also dismissed the notion that the unloaded nature of Weber’s gun should have altered the state’s application of the law, writing that such an argument “presumes that an intoxicated person can be expected to accurately determine whether a gun is unloaded.”
The judge pointed to “far broader and more burdensome laws,” including lifetime bans for certain criminals, that have passed constitutional muster. She noted even the National Rifle Association admits “it is unsafe to carry a gun while intoxicated, and they do not make any distinction based on whether one is at home or the gun is unloaded.”
Justices Michael Donnelly and Melody Stewart concurred with O’Connor’s opinion, while Justice R. Patrick DeWine concurred in judgment only.
Justice Patrick Fischer wrote a dissenting opinion that said the case shold be remanded to allow the state’s 12th District Court of Appeals to apply an analytical framework based on the Second Amendment.
“In Heller,” Fischer said, “the court notably did not employ an interest-balancing test when faced with a Second Amendment challenge. Rather, the court resolved that case by focusing on the text, history, and tradition of the Second Amendment.”
Fischer cited the Heller decision’s analysis of the “English roots” of the right to bear arms, and said that any permissible restrictions would have to be based on “historical justifications.”
Justices Sharon Kennedy and Judith French joined Fischer’s dissent.
Neither the Clermont County Prosecutor’s Office nor Rosenhoffer immediately responded to requests for comment.


courthousenews--2020-12-23--Override Showdown at Hand After Trump Vetoes Budget

WASHINGTON ( CN ) — President Donald Trump made good on his vow Wednesday to veto the 2021 national defense spending bill , queuing up a showdown in Congress where a supermajority of both the House and Senate could override him .
The Senate passed the bill — which has made it through Congress successfully for 60 years — 84-13 on December 11 .
Slighting the $ 740 billion bill as a “ gift to China and Russia , ” Trump remarked this afternoon in a statement from the Office of the Press Secretary that it failed to include sufficient @ @ @ @ @ @ @ respect our veterans and our military ’ s history and contradicts my efforts by my administration to America first in our national security and foreign policy actions.
” The basis for the veto is chiefly tied to two factors , the first being a provision that creates a federal commission aimed at renaming and removing military installations named after Confederate heroes .
Trump has been insistent that attempts to modify the names of sites honoring those who once sought to secede from the union would be an affront to the nation ’ s @ @ @ @ @ @ @ with the omission in the 4,000-plus-page defense spending package of a measure that would repeal a largely obscure section of the Communications Decency Act known as Section 230 .
The decades-old telecommunications law provides a legal shield to media companies like Twitter or Facebook when a third party posts objectionable or hate-based content on its platform .
While the president and opponents of Section 230 argue the measure effectively limits First Amendment rights by instructing platforms to moderate their content , it technically does nothing of the sort .
Trump ’ s veto @ @ @ @ @ @ @ beefing up of the Defense Department ’ s cybersecurity operations — comes as Russian hackers are believed to be behind massive breaches at the departments of the Treasury , Commerce and Homeland Security .
The Cybersecurity and Infrastructure Security Agency , or CISA , identified that the breaches had been occurring since at least March of this year , and there was still more to uncover about the extent of it , but official email platforms for many departments were accessed .
CISA would not confirm the nation of origin responsible for the @ @ @ @ @ @ @ an anonymous federal official suggested the Kremlin was the likely culprit given an observed pattern in the hack .
Russia has denied any involvement .
The House and Senate , by wide margins , recently passed legislation approving $ 900 billion in pandemic relief .
In those bills , they anticipated Trump ’ s veto would come as funding ran out and the holidays approached , so they passed a provision in the omnibus to fund the government through Dec. 28 , meaning lawmakers will have until at least Monday to reconvene and @ @ @ @ @ @ @ vocal ally to President Donald Trump , House Minority Leader Kevin McCarthy indicated last week he could sustain Trump ’ s veto if the package comes back to the House of Representatives .
While President Trump has suggested the bill fails to support members of the military , the FY21 NDAA package does feature a 3 % bump in pay for service members , a 30-day extension of personal protective equipment to protect those individuals from the novel coronavirus and an increase in paid-leave benefits for federal employees .
In a phone interview @ @ @ @ @ @ @ he is prepared to override the president ’ s veto , en route to Washington from Texas to do so .
“ We had enough votes to override it prior to the president ’ s actions , ” said Green , who represents the greater Houston area .
“ But there are many lawmakers who quake in their boots at the thought of having to do something antithetical to the whims of this president .
And the proof of whether they will override this veto will actually be in their vote .
Until @ @ @ @ @ @ @ heaven , as it were , but nobody wants to die.
” Newly minted as chair of the Texas Democratic Congressional Delegation , Green pushed back against the claim that Trump ’ s veto lends support to the military or veterans .
“ In this circumstance , it seems to me that his desire to demonstrate to those who were in Charlottesville screaming ‘ Blood and soil !
’ and ‘ Jews will not replace us ’ — it seems to me his desire to demonstrate to them that he will protect the @ @ @ @ @ @ @ them trumps the needs of our veterans , ” he said .
During a call with reporters , Senate Finance Chairman Chuck Grassley , an Iowa Republican , said Wednesday that he anticipated the move from Trump , having been warned by leadership lawmakers that he could be forced back into town to override the veto in short order .
Speaker of the House Nancy Pelosi slammed Trump Wednesday , saying it was particularly hard to stomach Trump ’ s “ using his final hours in office to sow chaos ” by denying @ @ @ @ @ @ @ family leave , child care , housing , and protection and the distribution of veterans ’ benefits .
Pelosi vowed the House would take up the override on December 28 .
Trump , who has also aired objections to approving the $ 900 billion pandemic relief package passed by Congress under much duress , said nothing about that decision to reporters as he boarded the presidential helicopter from the White House ’ s south lawn Wednesday evening .
The president is headed to his Mar-a-Lago golf resort in Florida as the government scrambles @ @ @ @ @ @ @ pandemic death toll continues to rise .
According to the Johns Hopkins coronavirus resource tracker , more than 324,000 people are dead and more than 18 million are infected .

President Donald Trump made good on his vow Wednesday to veto the 2021 national defense spending bill, queuing up a showdown in Congress where a supermajority of both the House and Senate could override him.
WASHINGTON (CN) — President Donald Trump made good on his vow Wednesday to veto the 2021 national defense spending bill, queuing up a showdown in Congress where a supermajority of both the House and Senate could override him.
The Senate passed the bill — which has made it through Congress successfully for 60 years — 84-13 on Dec. 11.
Slighting the $740 billion bill as a “gift to China and Russia,” Trump remarked this afternoon in a statement from the Office of the Press Secretary that it failed to include sufficient national security measures or provisions that “respect our veterans and our military’s history and contradicts my efforts by my administration to America first in our national security and foreign policy actions.”
The basis for the veto is chiefly tied to two factors, the first being a provision that creates a federal commission aimed at renaming and removing military installations named after Confederate heroes. Trump has been insistent that attempts to modify the names of sites honoring those who once sought to secede from the union would be an affront to the nation’s history.
The president also takes issue with the omission in the 4,000-plus-page defense spending package of a measure that would repeal a largely obscure section of the Communications Decency Act known as Section 230.
The decades-old telecommunications law provides a legal shield to media companies like Twitter or Facebook when a third party posts objectionable or hate-based content on its platform.
While the president and opponents of Section 230 argue the measure effectively limits First Amendment rights by instructing platforms to moderate their content, it technically does nothing of the sort.
Trump’s veto of the bill — which includes significant beefing up of the Defense Department’s cybersecurity operations — comes as Russian hackers are believed to be behind massive breaches at the departments of the Treasury, Commerce and Homeland Security.
The Cybersecurity and Infrastructure Security Agency, or CISA, identified that the breaches had been occurring since at least March of this year, and there was still more to uncover about the extent of it, but official email platforms for many departments were accessed.
CISA would not confirm the nation of origin responsible for the breach but the Associated Press reported that an anonymous federal official suggested the Kremlin was the likely culprit given an observed pattern in the hack. Russia has denied any involvement.
The House and Senate, by wide margins, recently passed legislation approving $900 billion in pandemic relief. In those bills, they anticipated Trump’s veto would come as funding ran out and the holidays approached, so they passed a provision in the omnibus to fund the government through Dec. 28, meaning lawmakers will have until at least Monday to reconvene and potentially override Trump.
A longtime and vocal ally to President Donald Trump, House Minority Leader Kevin McCarthy indicated last week he could sustain Trump’s veto if the package comes back to the House of Representatives.
While President Trump has suggested the bill fails to support members of the military, the FY21 NDAA package does feature a 3% bump in pay for service members, a 30-day extension of personal protective equipment to protect those individuals from the novel coronavirus and an increase in paid-leave benefits for federal employees.
In a phone interview Wednesday, Democrat Congressman Al Green said he is prepared to override the president’s veto, en route to Washington from Texas to do so.
“We had enough votes to override it prior to the president’s actions,” said Green, who represents the greater Houston area. “But there are many lawmakers who quake in their boots at the thought of having to do something antithetical to the whims of this president. And the proof of whether they will override this veto will actually be in their vote. Until now, everybody wants to go to heaven, as it were, but nobody wants to die.”
Newly minted as chair of the Texas Democratic Congressional Delegation, Green pushed back against the claim that Trump’s veto lends support to the military or veterans.
“In this circumstance, it seems to me that his desire to demonstrate to those who were in Charlottesville screaming ‘Blood and soil!’ and ‘Jews will not replace us’ — it seems to me his desire to demonstrate to them that he will protect the things that are near and dear to them trumps the needs of our veterans,” he said.
During a call with reporters, Senate Finance Chairman Chuck Grassley, an Iowa Republican, said Wednesday that he anticipated the move from Trump, having been warned by leadership lawmakers that he could be forced back into town to override the veto in short order.
Speaker of the House Nancy Pelosi slammed Trump Wednesday, saying it was particularly hard to stomach Trump’s “using his final hours in office to sow chaos” by denying pay raises, hazard pay, paid family leave, child care, housing, and protection and the distribution of veterans’ benefits.
Pelosi vowed the House would take up the override on December 28.
Trump, who has also aired objections to approving the $900 billion pandemic relief package passed by Congress under much duress, said nothing about that decision to reporters as he boarded the presidential helicopter from the White House’s south lawn Wednesday evening.
The president is headed to his Mar-a-Lago golf resort in Florida as the government scrambles to avoid shutting down and the Covid-19 pandemic death toll continues to rise.
According to the Johns Hopkins coronavirus resource tracker, more than 324,000 people are dead and more than 18 million are infected.


courthousenews--2020-12-24--Lawsuit Aims at Trump’s Repeal of Logging Restriction in Alaska

( CN ) — A diverse coalition of environmental groups , indigenous communities and businesses located in Southeastern Alaska filed a lawsuit against the Trump administration Wednesday , claiming the rollback of restrictions on logging in the 17-million-acre Tongass National Forest could harm one of the continent ’ s largest forests .
The Organized Village of Kake , the Hoonah Indian Association , the Alaska Longline Fishermen ’ s Association and green groups like the Natural Resources Defense Council and The Center for Biological Diversity filed the complaint in federal court in Juneau Wednesday , saying the U.S. Forest Service @ @ @ @ @ @ @ before rolling back the Roadless Rules .
The Roadless Rule prevents logging operations in some areas of the expansive forest , which plaintiffs say is necessary to preserve the ecosystem home to several species of rare flora and fauna while preserving the way of life of indigenous tribes .
“ We still walk and travel across this traditional and customary use area , which is vast and surrounds all of our communities to the north , south , east and west , ” said Joel Jackson , Tribal President of the Organized Village @ @ @ @ @ @ @ important that we protect these lands and waters , as we are interconnected with them .
Our way of life depends on it.
” The Tlingit , Haida and Tsimshian peoples have lived and used the temperate rainforest encompassed by the Tongass for countless generations , the lawsuit says , and allowing roads to pierce pristine areas of the forest to allow for logging could impact their livelihoods .
Furthermore , the largest national forest in America hosts a cornucopia of rare animal species — including Alexander archipelago wolves , which are found @ @ @ @ @ @ @ % of the salmon that swim along the West Coast spawn within the Tongass National Forest .
Foxes , black and brown bears also weave their way among the looming stands of old-growth cedar and spruce trees .
“ Trump ’ s reckless plan to clearcut old-growth trees in the Tongass will irreversibly damage our climate , kill wildlife and devastate Southeast Alaska communities , ” said Randi Spivak , public lands program director at the Center for Biological Diversity .
“ We ’ re in the midst of climate and wildlife extinction @ @ @ @ @ @ @ for our planet.
” The plaintiffs also claim the Tongass provides a much-needed climate stronghold , as the forest excels at absorbing greenhouse gas emissions and functions as a large carbon sink .
“ Old-growth forests play a vital role in helping to slow climate change , ” said Andy Moderow , Alaska director at Alaska Wilderness League .
“ The Tongass alone stores hundreds of millions of metric tons of CO2 and sequesters millions more annually .
The complete removal of roadless protections on the Tongass will only worsen the climate crisis.
@ @ @ @ @ @ @ political football spanning back decades and involving several presidential administrations and Alaska federal lawmakers .
George W. Bush attempted to repeal the Roadless Rule for the Tongass in 2003 , but a lawsuit was filed and that repeal was lifted by a court order in 2011 .
Several proponents of the repeal say the Roadless Rule prevents Alaskans from using the state ’ s natural resources in an economically beneficial way , as logging , mining and other resource extraction industries are effectively shut down .
When Trump announced the decision to repeal @ @ @ @ @ @ @ , Governor Michael Dunleavy and others hailed the move as a boon to the local economy .
“ As Alaskans know well , the Roadless Rule hinders our ability to responsibly harvest timber , develop minerals , connect communities , or build energy projects to lower costs — including renewable energy projects like hydropower , all of which severely impedes the economy of Southeast , ” said Senator Dan Sullivan , R-Alaska , in a statement .
But not everybody sees the issue as clear cut with the environment on one side and @ @ @ @ @ @ @ instance , fishermen who depend on the area for a steady supply of salmon , say logging , mining and other such activities will despoil their sanctuary and make their livelihoods tougher to earn .
“ SeaBank ’ s natural capital produces economic outputs worth several billion dollars per year to residents , visitors and society as a whole — and it will generate that output every year , provided we take care of the underlying natural capital of the forest , estuaries and ocean , ” said Linda Behnken , commercial fisherman @ @ @ @ @ @ @ ’ s Association .
Timber provides less than 1 % of Alaska ’ s economic output according to recent census figures .
Meanwhile , ecotourism accounts for 17 % .
“ I can not overstate the importance of inventoried roadless areas to Southeast Alaska ’ s tourism and recreation economy , ” said Hunter McIntosh , president of The Boat Company .
“ The Roadless Rule ensures these irreplaceable lands will remain protected and continue to draw visitors from throughout the globe .
”

A diverse coalition of environmental groups, indigenous communities and businesses located in Southeastern Alaska filed a lawsuit against the Trump administration Wednesday, claiming the rollback of restrictions on logging in the 17-million-acre Tongass National Forest could harm one of the continent’s largest forests.
(CN) — A diverse coalition of environmental groups, indigenous communities and businesses located in Southeastern Alaska filed a lawsuit against the Trump administration Wednesday, claiming the rollback of restrictions on logging in the 17-million-acre Tongass National Forest could harm one of the continent’s largest forests.
The Organized Village of Kake, the Hoonah Indian Association, the Alaska Longline Fishermen’s Association and green groups like the Natural Resources Defense Council and The Center for Biological Diversity filed the complaint in federal court in Juneau Wednesday, saying the U.S. Forest Service failed to conduct an adequate environmental analysis before rolling back the Roadless Rules.
The Roadless Rule prevents logging operations in some areas of the expansive forest, which plaintiffs say is necessary to preserve the ecosystem home to several species of rare flora and fauna while preserving the way of life of indigenous tribes.
“We still walk and travel across this traditional and customary use area, which is vast and surrounds all of our communities to the north, south, east and west,” said Joel Jackson, Tribal President of the Organized Village of Kake. “It’s important that we protect these lands and waters, as we are interconnected with them. Our way of life depends on it.”
The Tlingit, Haida and Tsimshian peoples have lived and used the temperate rainforest encompassed by the Tongass for countless generations, the lawsuit says, and allowing roads to pierce pristine areas of the forest to allow for logging could impact their livelihoods.
Furthermore, the largest national forest in America hosts a cornucopia of rare animal species — including Alexander archipelago wolves, which are found nowhere else on Earth.
Roughly 40% of the salmon that swim along the West Coast spawn within the Tongass National Forest.
Foxes, black and brown bears also weave their way among the looming stands of old-growth cedar and spruce trees.
“Trump’s reckless plan to clearcut old-growth trees in the Tongass will irreversibly damage our climate, kill wildlife and devastate Southeast Alaska communities,” said Randi Spivak, public lands program director at the Center for Biological Diversity. “We're in the midst of climate and wildlife extinction crises and the Tongass is a lifeline for our planet.”
The plaintiffs also claim the Tongass provides a much-needed climate stronghold, as the forest excels at absorbing greenhouse gas emissions and functions as a large carbon sink.
“Old-growth forests play a vital role in helping to slow climate change,” said Andy Moderow, Alaska director at Alaska Wilderness League. “The Tongass alone stores hundreds of millions of metric tons of CO2 and sequesters millions more annually. The complete removal of roadless protections on the Tongass will only worsen the climate crisis.”
The Roadless Rule has been a political football spanning back decades and involving several presidential administrations and Alaska federal lawmakers.
George W. Bush attempted to repeal the Roadless Rule for the Tongass in 2003, but a lawsuit was filed and that repeal was lifted by a court order in 2011.
Several proponents of the repeal say the Roadless Rule prevents Alaskans from using the state’s natural resources in an economically beneficial way, as logging, mining and other resource extraction industries are effectively shut down.
When Trump announced the decision to repeal the rule, Republican Senator Lisa Murkowski, Governor Michael Dunleavy and others hailed the move as a boon to the local economy.
“As Alaskans know well, the Roadless Rule hinders our ability to responsibly harvest timber, develop minerals, connect communities, or build energy projects to lower costs — including renewable energy projects like hydropower, all of which severely impedes the economy of Southeast,” said Senator Dan Sullivan, R-Alaska, in a statement.
But not everybody sees the issue as clear cut with the environment on one side and the economy on the other.
For instance, fishermen who depend on the area for a steady supply of salmon, say logging, mining and other such activities will despoil their sanctuary and make their livelihoods tougher to earn.
“SeaBank’s natural capital produces economic outputs worth several billion dollars per year to residents, visitors and society as a whole — and it will generate that output every year, provided we take care of the underlying natural capital of the forest, estuaries and ocean,” said Linda Behnken, commercial fisherman and executive director of Alaska Longline Fishermen’s Association.
Timber provides less than 1% of Alaska’s economic output according to recent census figures. Meanwhile, ecotourism accounts for 17%.
“I cannot overstate the importance of inventoried roadless areas to Southeast Alaska’s tourism and recreation economy,” said Hunter McIntosh, president of The Boat Company. “The Roadless Rule ensures these irreplaceable lands will remain protected and continue to draw visitors from throughout the globe.”


courthousenews--2020-12-24--Federal Judge Halts Trump Diversity Training Limits on Contractors

( CN ) — A federal judge granted a temporary injunction to a gay rights advocacy organization that claimed Donald Trump ’ s executive order prohibiting certain types of diversity training violated their free speech .
U.S. District Judge Beth Labson Freeman granted a partial preliminary injunction to The Diversity Center of Santa Cruz , saying their First Amendment rights to conduct diversity training that discusses concepts like intersectionality , or notions around sex , gender and race were violated by an executive order issued by Trump on Sept. 22 .
“ Given the evidence of plaintiffs ’ dependence on @ @ @ @ @ @ @ the government ’ s intent to enforce sections 4 and 5 of the Executive Order against all federal contracts and grants , respectively , the court finds that plaintiffs have shown a reasonable likelihood that sections 4 and 5 will be enforced against them , ” the court wrote in a 34-page order issued Tuesday night .
Labson Freeman was careful to distinguish between federal contractors like The Diversity Center and other branches of the federal government , where Trump ’ s executive order carries more sway .
“ The court expressed reservations @ @ @ @ @ @ @ 3 , relating to the United States Uniformed Services , or section 6 , relating to federal agencies ’ direct training of their own personnel , ” Labson Freeman said .
But the judge did recognize that The Diversity Center ’ s right to conduct training without fear of losing federal funding outweighed the government interest in censoring the speech of organizations outside of its immediate purview .
“ The government ’ s interest is outweighed by the effect of the impermissible reach of the Executive Order on plaintiffs ’ freedom to deliver @ @ @ @ @ @ @ deem necessary to train their own employees and the service providers in the communities in which they work , using funds unrelated to the federal contract , ” Labson Freeman wrote .
In arriving at her conclusion , Labson Freeman noted that although the executive order mentioned vague terms like “ divisive concepts ” and prohibited “ race and sex stereotypes , ” the memo issued days later directed agencies to root out terms like “ critical race theory , ” “ white privilege , ” “ intersectionality , ” “ systemic racism @ @ @ @ @ @ @ racial humility ” and “ unconscious bias.
” “ They say intersectionality can ’ t be taught , but that is what our clients do , ” Douglas Hallward-Driemeier , attorney for the plaintiffs , told Labson Freeman during a recent hearing .
“ They teach the intersections of race , gender and sexual orientation in order to show the systemic biases against the marginalized communities they serve.
” Other organizations signing onto the lawsuit include the Los Angeles LGBT Center and the AIDS Foundation of Chicago .
Hallward-Driemeier said one of the @ @ @ @ @ @ @ withdrew after becoming concerned they could lose their federal funding if they participated or even sponsored diversity training like the ones outlined in Trump ’ s order .
The dispute stems from an executive order signed by Trump that bars the type of diversity training being conducted throughout the private and public sector that seeks to raise awareness around concepts of white privilege , implicit bias and cultural relativism .
Trump ’ s order calls such principles “ un-American ” and says it undermines an emphasis on individual achievement and calls for people @ @ @ @ @ @ @ groups .
“ Many people are pushing a different vision of America that is grounded in hierarchies based on collective social and political identities rather than in the inherent and equal dignity of every person as an individual , ” the executive order said .
Tuesday ’ s order means The Diversity Center and other plaintiffs can move forward with their programs without immediate fear of funding withdrawal .
The case must still be decided on the merits should it go to trial .

A federal judge granted a temporary injunction to a gay rights advocacy organization that claimed Donald Trump’s executive order prohibiting certain types of diversity training violated their free speech.
(CN) — A federal judge granted a temporary injunction to a gay rights advocacy organization that claimed Donald Trump’s executive order prohibiting certain types of diversity training violated their free speech.
U.S. District Judge Beth Labson Freeman granted a partial preliminary injunction to The Diversity Center of Santa Cruz, saying their First Amendment rights to conduct diversity training that discusses concepts like intersectionality, or notions around sex, gender and race were violated by an executive order issued by Trump on Sept. 22.
“Given the evidence of plaintiffs’ dependence on federal contracts and grants, and of the government’s intent to enforce sections 4 and 5 of the Executive Order against all federal contracts and grants, respectively, the court finds that plaintiffs have shown a reasonable likelihood that sections 4 and 5 will be enforced against them,” the court wrote in a 34-page order issued Tuesday night.
Labson Freeman was careful to distinguish between federal contractors like The Diversity Center and other branches of the federal government, where Trump’s executive order carries more sway.
“The court expressed reservations about plaintiffs’ standing to challenge section 3, relating to the United States Uniformed Services, or section 6, relating to federal agencies’ direct training of their own personnel,” Labson Freeman said.
But the judge did recognize that The Diversity Center’s right to conduct training without fear of losing federal funding outweighed the government interest in censoring the speech of organizations outside of its immediate purview.
“The government’s interest is outweighed by the effect of the impermissible reach of the Executive Order on plaintiffs’ freedom to deliver the diversity training and advocacy that they deem necessary to train their own employees and the service providers in the communities in which they work, using funds unrelated to the federal contract,” Labson Freeman wrote.
In arriving at her conclusion, Labson Freeman noted that although the executive order mentioned vague terms like “divisive concepts” and prohibited “race and sex stereotypes,” the memo issued days later directed agencies to root out terms like “critical race theory,” “white privilege,” “intersectionality,” “systemic racism,” “positionality,” “racial humility” and “unconscious bias.”
“They say intersectionality can’t be taught, but that is what our clients do,” Douglas Hallward-Driemeier, attorney for the plaintiffs, told Labson Freeman during a recent hearing. “They teach the intersections of race, gender and sexual orientation in order to show the systemic biases against the marginalized communities they serve.”
Other organizations signing onto the lawsuit include the Los Angeles LGBT Center and the AIDS Foundation of Chicago.
Hallward-Driemeier said one of the sponsors of the AIDS Foundation of Chicago withdrew after becoming concerned they could lose their federal funding if they participated or even sponsored diversity training like the ones outlined in Trump’s order.
The dispute stems from an executive order signed by Trump that bars the type of diversity training being conducted throughout the private and public sector that seeks to raise awareness around concepts of white privilege, implicit bias and cultural relativism.
Trump’s order calls such principles “un-American” and says it undermines an emphasis on individual achievement and calls for people to be judged according to their demographic groups.
“Many people are pushing a different vision of America that is grounded in hierarchies based on collective social and political identities rather than in the inherent and equal dignity of every person as an individual,” the executive order said.
Tuesday's order means The Diversity Center and other plaintiffs can move forward with their programs without immediate fear of funding withdrawal. The case must still be decided on the merits should it go to trial.


E-Cigs

NEWARK , N.J. — A federal court in New Jersey agreed to freeze the assets of e-cigarette pod maker Eonsmoke @ @ @ @ @ by Juul .

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.


Emissions Standards

AUSTIN , Texas — An appeals court in Texas dismissed the state ’ s claims against Volkswagen Germany and Audi @ @ @ @ @ ’ installation of software in diesel cars that evaded compliance with federally mandated emissions standards @ @ @ @ @ were not “ purposefully directed at Texas , ” so its contacts with the state @ @ @ @ @ specific jurisdiction .
”


Covid-19 Restrictions

INDIANAPOLIS — A federal court in Indiana declined to block a public health order that imposes restrictions on bars , @ @ @ @ @ state .
While the court is “ sympathetic to the hardships ” the pandemic restrictions @ @ @ @ @ owners , the “ potential harm to the public overwhelms the harms ” the plaintiffs @ @


courthousenews--2020-12-24--Federal Judge Dismisses Covington Catholic Students’ Defamation Suit

( CN ) — Defamation and harassment claims brought by students at Kentucky ’ s Covington Catholic High School against CNN , the Washington Post and NBC were dismissed by a federal judge Wednesday after he found that none of the twelve plaintiffs had been defamed or unlawfully threatened .
The suit stems from a confrontation at the Lincoln Memorial in January of 2019 during the annual March for Life , and followed on the heels of CNN ’ s settlement with fellow student Nicholas Sandmann .
Sandmann ’ s tense encounter with Native American activist Nathan Phillips at the @ @ @ @ @ @ @ on social media from commenters who objected to the school group ’ s alleged chants of “ Build the wall ” and “ It ’ s not rape if you enjoy it ” — which the students say were fabricated — and to perceived disrespect of Phillips , a former Marine Corps reservist which the complaint called a “ phony war hero.
” Phillips had previously claimed to have been a “ Vietnam-era ” veteran , and all three outlets reported that he served in the war there .
The students , meanwhile @ @ @ @ @ @ @ fight songs in response to taunts from a group of Black Hebrew Israelites — a religious group which believes that African-Americans are descendants of the ancient Israelites , some of whom hold extreme anti-semitic and black supremacist views .
Phillips faced down Sandmann while singing and playing a drum , Sandmann said , and made no effort to get around him .
The high-schooler sued all three news outlets , but only CNN settled ; Sandmann ’ s claims against the Post were dismissed in July and a few claims against NBC are @ @ @ @ @ @ @ that Sandmann blocked Phillips ’ retreat from the Covington Catholic crowd .
Twelve more teens and their parents repeated Sandmann ’ s allegations in this lawsuit , and in another added claims against several Twitter commentators whose tweets about the teenagers went viral .
U.S. District Judge William Bertelsman , who is also overseeing Sandmann ’ s suit , dismissed the claims against all three media outlets Wednesday after finding that none of the disputed statements specifically targeted any of the individual plaintiffs .
“ Unlike Sandmann ’ s claims based statements Phillips @ @ @ @ @ @ @ Plaintiffs were among a larger group of students on the Lincoln Memorial steps that were never named , ” Bertelsman wrote .
The students ’ argument that news coverage was still “ of and concerning ” them because some of them were pictured in photos accompanying stories , he wrote , was “ also misguided ” because they have not shown that they were particular subjects of the stories among over 100 students at the protest .
He also noted that several of the disputed statements were made by Phillips himself , making @ @ @ @ @ @ @ non actionable .
Bertelsman also dismissed privacy claims , noting that the events being discussed took place at the very public National Mall , and aiding-and-abetting claims , pointing out that the teens had not identified any party the media outlets were supposed to have aided or abetted in a crime .
The only tweet Bertelsman addressed in the order was a since-deleted one by Sellers , in which the analyst wrote that Sandmann was “ a deplorable ” and that “ some [ people ] can also be punched in the face.
@ @ @ @ @ @ @ was not directed directly at Sandmann or any other individual , and could not be read to place the plaintiffs in danger or fear of injury .
He added that it was also protected by the First Amendment for similar reasons .
The students have also sued several other Twitter users for their tweets about the incident in state court , and Bertelsman dismissed another federal lawsuit against comedian Kathy Griffin in April .
Attorneys for both sides did not respond to requests for comment .

Defamation and harassment claims brought by students at Kentucky’s Covington Catholic High School against CNN, the Washington Post and NBC were dismissed by a federal judge Wednesday after he found that none of the twelve plaintiffs had been defamed or unlawfully threatened.
(CN) — Defamation and harassment claims brought by students at Kentucky’s Covington Catholic High School against CNN, the Washington Post and NBC were dismissed by a federal judge Wednesday after he found that none of the twelve plaintiffs had been defamed or unlawfully threatened.
The suit stems from a confrontation at the Lincoln Memorial in January of 2019 during the annual March for Life, and followed on the heels of CNN’s settlement with fellow student Nicholas Sandmann.
Sandmann’s tense encounter with Native American activist Nathan Phillips at the march went viral, sparking widespread ire on social media from commenters who objected to the school group’s alleged chants of “Build the wall” and “It’s not rape if you enjoy it” — which the students say were fabricated — and to perceived disrespect of Phillips, a former Marine Corps reservist whom the complaint called a “phony war hero.”
Phillips had previously claimed to have been a “Vietnam-era” veteran, and all three outlets reported that he served in the war there.
The students, meanwhile, said that they started chanting school fight songs in response to taunts from a group of Black Hebrew Israelites — a religious group that believes African-Americans are descendants of the ancient Israelites, some of whom hold extreme anti-Semitic and Black supremacist views. Phillips faced down Sandmann while singing and playing a drum, Sandmann said, and made no effort to get around him.
The teen sued all three news outlets, but only CNN settled; Sandmann’s claims against the Post were dismissed in July and a few claims against NBC are still pending, all for statements saying that Sandmann blocked Phillips’ retreat from the Covington Catholic crowd.
Twelve more teens and their parents repeated Sandmann’s allegations in this lawsuit, and in another added claims against several Twitter commentators whose tweets about the teenagers went viral.
U.S. District Judge William Bertelsman, who is also overseeing Sandmann’s suit, dismissed the claims against all three media outlets Wednesday after finding that none of the disputed statements specifically targeted any of the individual plaintiffs.
“Unlike Sandmann’s claims based statements Phillips made explicitly about Sandmann blocking him, Plaintiffs were among a larger group of students on the Lincoln Memorial steps that were never named,” Bertelsman wrote.
The students’ argument that news coverage was still “of and concerning” them because some of them were pictured in photos accompanying stories, he wrote, was “also misguided” because they have not shown that they were particular subjects of the stories among over 100 students at the protest.
He also noted that several of the disputed statements were made by Phillips himself, making them subjective expressions of opinion and therefore nonactionable.
Bertelsman also dismissed privacy claims, noting that the events being discussed took place at the very public National Mall, and aiding-and-abetting claims, pointing out that the teens had not identified any party the media outlets were supposed to have aided or abetted in a crime.
The only tweet Bertelsman addressed in the order was a since-deleted one by Sellers, in which the analyst wrote that Sandmann was “a deplorable” and that “some [people] can also be punched in the face.”
The tweet, Bertelsman said, was not directed directly at Sandmann or any other individual, and could not be read to place the plaintiffs in danger or fear of injury. He added that it was also protected by the First Amendment for similar reasons.
The students have also sued several other Twitter users for their tweets about the incident in state court, and Bertelsman dismissed another federal lawsuit against comedian Kathy Griffin in April.
Attorneys for both sides did not respond to requests for comment.


Square Footage

SAN FRANCISCO — A federal court in California dismissed a class action that accused Allstate of double-counting the square footage @ @ @ @ @ total square footage of properties in order to charge policyholders inflated premiums .


Measles

BROOKLYN , N.Y. — A New York City resolution requiring measles immunizations for anyone over the age of six months @ @ @ @ @ or attending school or a childcare center , was lawful and does not violate petitioners @ @ @ @ @ an appeals court in New York ruled .


courthousenews--2020-12-24--Judge Denies Feds’ Attempt to Dismiss Census Lawsuit

( CN ) — A federal judge excoriated the Trump administration in a ruling , saying officials in the U.S. Census Bureau violated the court ’ s injunction by shutting down data collection early and that the agency ’ s plan to count the population in the United States during a pandemic is likely to result in a less accurate count .
U.S. District Judge Lucy Koh denied the Trump administration ’ s attempt to dismiss the case , saying the coalition of cities , counties and civil rights groups were justified to be concerned that the government ’ s @ @ @ @ @ @ @ accommodate the pandemic would affect federal funding and political representation in certain communities .
“ The administrative record shows that the Replan will likely lead to an undercount that results in loss of crucial federal funds for programs that affect [ Plaintiffs ’ ] daily life , ” Koh wrote in a 57-page ruling handed down late Tuesday night .
The census operates in four stages , it issues and collects a questionnaire , then follows up with those who don ’ t respond .
Once the data collection period is over , @ @ @ @ @ @ @ the report , which is typically due by Dec. 31 of any given census year .
This year the pandemic caused the bureau to delay the follow-up period for three weeks in March and the bureau then sought to end the data collection period early in September instead of late October .
Plaintiffs , including the county of Los Angeles and the city of Salinas , sued the bureau , saying the early deadline would lead to undercounting in their communities , which would affect the allocation of federal funds and congressional representation @ @ @ @ @ @ @ bureau to keep counting .
On Tuesday , Koh wrote that the Census Bureau willfully violated that injunction while appealing the ruling .
“ Perhaps the most egregious violation of the Injunction Order occurred on Monday , September 28 , 2020 .
At 1:58 p.m. , two minutes before the Court ’ s case management conference , the Census Bureau tweeted one sentence : ‘ The Secretary of Commerce has announced a target date of October 5 , 2020 , to conclude 2020 Census self-response and field data collection operations , ’ ” @ @ @ @ @ @ @ Later , the Census Bureau issued a one-sentence press release with the exact same sentence.
” Koh has often expressed dissatisfaction with government lawyers during remote hearings , chastising U.S. Attorney Alexander Sverdlov at times , who for his part has seemed more interested in biding time to make appeals rather than offering persuasive arguments .
Sverdlov has argued that census decisions are political in nature and are therefore not subject to the court ’ s jurisdiction but under the purview of the executive branch .
“ The Supreme Court and lower courts @ @ @ @ @ @ @ political question doctrine bars review of census-related decision-making , ” Koh said .
The judge also noted the Government Accountability Office , the bureau ’ s advisory committee and the inspector general of the U.S. Commerce Department all found the Trump administration ’ s plan to truncate the census would result in a less accurate count .
“ Given the historically low census response rates in the City of Los Angeles and City of Salinas in California , the Replan creates a substantial risk that their residents will not be counted , and @ @ @ @ @ @ @ , ” Koh wrote .
There is another census case pending in federal court related to the question of whether to include undocumented workers in the overall census count .

A federal judge excoriated the Trump administration in a ruling, saying officials in the U.S. Census Bureau violated the court’s injunction by shutting down data collection early and that the agency’s plan to count the population in the United States during a pandemic is likely to result in a less accurate count.
(CN) — A federal judge excoriated the Trump administration in a ruling, saying officials in the U.S. Census Bureau violated the court’s injunction by shutting down data collection early and that the agency’s plan to count the population in the United States during a pandemic is likely to result in a less accurate count.
U.S. District Judge Lucy Koh denied the Trump administration’s attempt to dismiss the case, saying the coalition of cities, counties and civil rights groups were justified to be concerned that the government’s plan to alter the census process to accommodate the pandemic would affect federal funding and political representation in certain communities.
“The administrative record shows that the Replan will likely lead to an undercount that results in loss of crucial federal funds for programs that affect [Plaintiffs’] daily life,” Koh wrote in a 57-page ruling handed down late Tuesday night.
The census operates in four stages, it issues and collects a questionnaire, then follows up with those who don’t respond. Once the data collection period is over, the bureau processes the data and compiles the report, which is typically due by Dec. 31 of any given census year.
This year the pandemic caused the bureau to delay the follow-up period for three weeks in March and the bureau then sought to end the data collection period early in September instead of late October.
Plaintiffs, including the county of Los Angeles and the city of Salinas, sued the bureau, saying the early deadline would lead to undercounting in their communities, which would affect the allocation of federal funds and congressional representation.
Koh issued an injunction forcing the bureau to keep counting. On Tuesday, Koh wrote that the Census Bureau willfully violated that injunction while appealing the ruling.
“Perhaps the most egregious violation of the Injunction Order occurred on Monday, September 28, 2020. At 1:58 p.m., two minutes before the Court’s case management conference, the Census Bureau tweeted one sentence: ‘The Secretary of Commerce has announced a target date of October 5, 2020, to conclude 2020 Census self-response and field data collection operations,’” Koh wrote in the ruling. “Later, the Census Bureau issued a one-sentence press release with the exact same sentence.”
Koh has often expressed dissatisfaction with government lawyers during remote hearings, chastising U.S. Attorney Alexander Sverdlov at times, who for his part has seemed more interested in biding time to make appeals rather than offering persuasive arguments.
Sverdlov has argued that census decisions are political in nature and are therefore not subject to the court’s jurisdiction but under the purview of the executive branch.
Koh disagreed.
“The Supreme Court and lower courts have repeatedly rejected the argument that the political question doctrine bars review of census-related decision-making,” Koh said.
The judge also noted the Government Accountability Office, the bureau’s advisory committee and the inspector general of the U.S. Commerce Department all found the Trump administration’s plan to truncate the census would result in a less accurate count.
“Given the historically low census response rates in the City of Los Angeles and City of Salinas in California, the Replan creates a substantial risk that their residents will not be counted, and a substantial risk of diminished political representation,” Koh wrote.
There is another census case pending in federal court related to the question of whether to include undocumented workers in the overall census count.


courthousenews--2020-12-24--California Almost Out of ICU Beds as Covid Cases Top 2 Million

( CN ) — A record-breaking spike of Covid-19 cases has pushed California to over 2 million confirmed infections ahead of the Christmas holiday and left fewer than 1 % of the state ’ s ICU beds available for new patients .
And with 32,000 new cases reported Wednesday , hospitals will continue to be inundated with new patients into the new year at alarming rates .
Over 3,800 Californians with Covid-19 lay in ICU beds across the state , nearly double the number just three weeks ago .
That will continue to rise as the explosion of new Covid-19 @ @ @ @ @ @ @ every day .
California experienced its second deadliest day Wednesday with 361 Covid deaths .
In the last 24 hours , California reported nearly 40,000 new cases and according to a tally by the Los Angeles Times , the Golden State has over 2 million cases .
The California Office of Emergency Management reports 1.96 million cases , but that data reports on the previous day ’ s totals .
It took California several months to reach 1 million confirmed cases , but in the last month the state has weathered a juggernaut @ @ @ @ @ @ @ its hospital system to a breaking point .
In early December , roughly 8,500 people with Covid-19 had been hospitalized .
That figure now stands at over 18,800 , according to health officials .
Governor Gavin Newsom described the perilous situation the state could find itself in next year if people continue to flout health advisories over Christmas and New Year ’ s .
“ It ’ s incumbent upon us .
At peril , we ’ ll be at a surge , on top of a surge where we ’ re at @ @ @ @ @ @ @ surge in the middle and latter part of January and February , ” Newsom said during a briefing .
That same fear ripples through Los Angeles County , the most populous part of the state , where 6,155 people are hospitalized .
“ Anyone who is willing to be honest with the facts and the timeline of the rising case counts and the reality that is bombarding our hospitals must accept that our collective behaviors as a community of Los Angeles County in the days around Thanksgiving directly led to our rising rate @ @ @ @ @ @ @ death , ” said LA County Health Director Dr. Christina Ghaly .
Ambulances wait hours to offload patients and many are being sent to other hospitals due the overcrowding wrought by the virus .
Most hospitals report that half their patients in the ICU are sick with Covid-19 .
“ Two thirds of these patients are suffocating due to the inflammation that ’ s in their lungs that ’ s caused by the virus .
They ’ re suffocating to the point where they can no longer breathe on their own and they @ @ @ @ @ @ @ down their throat in order to oxygenate their organs , ” said Ghaly .
“ Many of these people will not live to see 2021.
” The county also broke its daily record for new cases over a one-day period with over 16,500 confirmed infections , a staggering spike that continues to climb .
The 7-day average is now 16 % and health officials say the trend will likely push the hospitalizations to over 7,500 in the next several days .
And in the last 24 hours , 145 Angelenos died of Covid-related @ @ @ @ @ @ @ since the start of the pandemic .
In all , LA County has seen over 663,000 Covid cases and more than 9,000 deaths .
Ghaly emphasized LA County could have avoided its current surge and any new spikes in hospitalizations and deaths if more people listen to the health guidelines .
She noted health care workers she ’ s spoken to are frustrated and outraged that more people are not taking the virus seriously .
“ Images of crowded , outdoor malls and jam-packed parking lots , of people sitting to eat with @ @ @ @ @ @ @ masks , playgrounds with kids and parents who don ’ t have their masks on , or who are sipping coffee with their masks off with other people close by ” are just some of the examples Ghaly listed .
A Christmas carol protest of “ the mask Gestapo ” organized by actor Kirk Cameron — self-proclaimed Christian and pro-life advocate — in nearby Ventura County , where people sang without masks and stood shoulder to shoulder Tuesday evening , drew the ire of LA County Public Health Director Dr. Barbara Ferrer .
@ @ @ @ @ @ @ of words at this point , ” said Ferrer .
“ I don ’ t really understand it .
It ’ s very irresponsible and very dangerous and it ’ s unnecessary .
We ’ re in the middle of a pandemic .
These are just extraordinary times and we need to all help each other through these times .
”

A record-breaking spike of the novel coronavirus has ravaged the Golden State’s health care system, with fewer than 1% of the ICU beds available for new patients ahead of the Christmas holiday.
(CN) — A record-breaking spike of Covid-19 cases has pushed California to over 2 million confirmed infections ahead of the Christmas holiday and left fewer than 1% of the state’s ICU beds available for new patients.
And with 32,000 new cases reported Wednesday, hospitals will continue to be inundated with new patients into the new year at alarming rates.
Over 3,800 Californians with Covid-19 lay in ICU beds across the state, nearly double the number just three weeks ago. That will continue to rise as the explosion of new Covid-19 positive cases plows into the record books every day.
California experienced its second deadliest day Wednesday with 361 Covid deaths. In the last 24 hours, California reported nearly 40,000 new cases and according to a tally by the Los Angeles Times, the Golden State has over 2 million cases. The California Office of Emergency Management reports 1.96 million cases, but that data reports on the previous day’s totals.
It took California several months to reach 1 million confirmed cases, but in the last month the state has weathered a juggernaut of a virus that has pushed the its hospital system to a breaking point. In early December, roughly 8,500 people with Covid-19 had been hospitalized. That figure now stands at over 18,800, according to health officials.
Governor Gavin Newsom described the perilous situation the state could find itself in next year if people continue to flout health advisories over Christmas and New Year’s.
"It's incumbent upon us. At peril, we'll be at a surge, on top of a surge where we're at today on top of yet again another surge in the middle and latter part of January and February," Newsom said during a briefing.
That same fear ripples through Los Angeles County, the most populous part of the state, where 6,155 people are hospitalized.
"Anyone who is willing to be honest with the facts and the timeline of the rising case counts and the reality that is bombarding our hospitals must accept that our collective behaviors as a community of Los Angeles County in the days around Thanksgiving directly led to our rising rate of hospitalization and our rising rate of death," said LA County Health Director Dr. Christina Ghaly.
Ambulances wait hours to offload patients and many are being sent to other hospitals due the overcrowding wrought by the virus.
Most hospitals report that half their patients in the ICU are sick with Covid-19.
"Two thirds of these patients are suffocating due to the inflammation that's in their lungs that's caused by the virus. They're suffocating to the point where they can no longer breathe on their own and they have to have someone put a tube down their throat in order to oxygenate their organs," said Ghaly. "Many of these people will not live to see 2021."
The county also broke its daily record for new cases over a one-day period with over 16,500 confirmed infections, a staggering spike that continues to climb. The 7-day average is now 16% and health officials say the trend will likely push the hospitalizations to over 7,500 in the next several days. And in the last 24 hours, 145 Angelenos died of Covid-related complications — the highest daily death toll since the start of the pandemic.
In all, LA County has seen over 663,000 Covid cases and more than 9,000 deaths.
Ghaly emphasized LA County could have avoided its current surge and any new spikes in hospitalizations and deaths if more people listen to the health guidelines. She noted health care workers she's spoken to are frustrated and outraged that more people are not taking the virus seriously.
"Images of crowded, outdoor malls and jam-packed parking lots, of people sitting to eat with other people, people taking walks without masks, playgrounds with kids and parents who don't have their masks on, or who are sipping coffee with their masks off with other people close by" are just some of the examples Ghaly listed.
A Christmas carol protest of “the mask Gestapo” organized by actor Kirk Cameron — self-proclaimed Christian and pro-life advocate — in nearby Ventura County, where people sang without masks and stood shoulder to shoulder Tuesday evening, drew the ire of LA County Public Health Director Dr. Barbara Ferrer.
"I'm at a loss of words at this point," said Ferrer. "I don't really understand it. It's very irresponsible and very dangerous and it's unnecessary. We're in the middle of a pandemic. These are just extraordinary times and we need to all help each other through these times."


Netflix Suit

LOS ANGELES — A federal judge on Wednesday granted Netflix ’ s request to dismiss a lawsuit brought by a @ @ @ @ @ was libeled in a documentary about the Panama Papers .
The judge found that the @ @ @ @ @ film connected it to criminal activity .


Church Services

SAN FRANCISCO — In a partial dissent of a briefing schedule order , Ninth Circuit Judge Diarmuid O ’ Scannlain @ @ @ @ @ s failure to accommodate Harvest Rock Church ’ s request for relief from California ’ @ @ @ @ @ worship services by Dec. 24 .
O ’ Scannlain said the court should have “ @ @ @ @ @ the temporary relief it needs to ensure that its members can exercise freely the fundamental @ @ @ @ @ religion on one of the most sacred Christian days of the year .
”


Facebook

SAN FRANCISCO — A federal court in California dismissed with leave to amend two related class actions claiming Facebook tracks @ @ @ @ @ consent .


Grizzly Bears

MISSOULA , Mont .
— A federal court in Montana ruled against the Center for Biological Diversity on its claims @ @ @ @ @ and Wildlife Service did not properly address the center ’ s 2014 petition for an @ @ @ @ @ for grizzly bears .


Porta Potties

JEFFERSON CITY , Mo .
— The Missouri Supreme Court ruled against Charles Gott , the owner of a company @ @ @ @ @ Go , finding that portable toilet rental is taxable .


Poultry Plant

MERCED , Calif. — A Foster Farms chicken processing plant in California must supply face masks to workers , conduct @ @ @ @ @ anyone can enter the plant , and follow other precautions to protect employees from Covid-19 @ @ @ @ @ ruled Wednesday .
More than 400 employees have contracted the virus since June , according @ @ @ @ @ the United Farm Workers of America .


Cyberpunk 2077

LOS ANGELES — Shareholders of Poland-based CD Projekt , creators of the video game Cyberpunk 2077 , sued the company @ @ @ @ @ — and ultimately recalled — release , which they say fell far short of the @ @ @ @ @ hype .


courthousenews--2020-12-24--California Courts Covid Update

California Courts Covid Update

Dec. 18 , 2020 : Public notice regarding safety and access to justice Dec. 18 , 2020 : Eating not @ @ @ @


courthousenews--2020-12-24--Judge Imposes Covid Measures for Immigrants at Northern California Jail

SAN FRANCISCO ( CN ) — Less than a month after imposing strict Covid-19 safety measures on a privately run detention center in California , a federal judge on Thursday put similar restrictions in place to contain a major outbreak at a county jail that houses immigrant detainees north of Sacramento .
“ We think it ’ s an important victory that will help protect the lives of ICE detainees at the Yuba County Jail , ” said ACLU of Northern California attorney William Freeman , who represents the detainees , in a phone interview .
“ The measures that @ @ @ @ @ @ @ they will have a positive effect on detainee health and safety.
” More than a third of the 231 inmates and immigrant detainees at Yuba County Jail have tested positive for Covid-19 over the last two weeks , according to Immigration and Customs Enforcement ( ICE ) , which contracts with the county to hold undocumented immigrants awaiting potential deportation .
On Tuesday , lawyers for a class of detainees being held at Yuba County Jail and the privately run Mesa Verde detention center in Bakersfield asked for a temporary restraining order to @ @ @ @ @ @ @ Yuba County facility 40 miles north of Sacramento .
ICE argued in a brief Wednesday night that the jail has already agreed not to take in more ICE detainees until the outbreak is under control .
It gave rapid Covid tests this past Friday to the 20 detainees now housed there and has agreed to do more rapid tests for all symptomatic detainees and staff members .
The agency also vowed to separate detainees into four categories : those who test negative with no symptoms , those who test negative but have symptoms @ @ @ @ @ @ @ virus , and those who tested positive but have recovered .
ICE claimed an injunction would interfere with the county jail ’ s operations and with a separate consent decree on jail conditions overseen by a federal judge in the Eastern District of California .
ICE further insisted that an injunction would limit the ability of the jail and county health officer “ to make decisions in the interest of the health and safety of detainees.
” In a 4-page order Thursday , U.S. District Judge Vince Chhabria acknowledged some measures sought by @ @ @ @ @ @ @ greatly on the county ’ s ability to operate the facility as a whole , ” but he also noted that past experience has taught him a court order is “ necessary to ensure these sorts of safety measures are actually implemented , ” even for those with which ICE has voluntarily agreed to comply .
Chhabria ordered ICE to stop placing new detainees in Yuba County Jail until there are no positive Covid-19 tests among staff and detainees for two weeks .
He also required rapid tests be given to any detainee @ @ @ @ @ @ @ contact with someone who tested positive .
He further mandated that all detainees be tested each week until two weeks pass with no positive results .
ICE must ensure all detainees who test positive or have symptoms are isolated from others .
Cells and bunks must be cleaned and disinfected before detainees are assigned to them .
The order also forbids housing detainees in the “ Old Jail ” section of the facility , an often cramped , open-air area without solid walls in which the virus can spread easily .
Detainees must @ @ @ @ @ @ @ daily until two weeks pass with no positive Covid-19 tests .
Chhabria ordered ICE to submit daily status updates on the number of immigrant detainees , county prisoners and staff members who test positive or have symptoms .
The reports must also explain where detainees are being housed in the jail , including specific locations for symptomatic detainees and those who tested positive .
Additionally , the reports must detail plans and implementation status for the testing , quarantine and isolation of class members , prisoners and staff .
ICE must also show @ @ @ @ @ @ @ be issued to keep imposing those conditions on the agency .
A hearing on the injunction will be held Jan. 7 if ICE opposes it .
Attorney Emilou MacLean of the San Francisco Public Defenders Office , which also represents the ICE detainees , said a court order was needed because the agency has a track record of not putting in place minimum safeguards to protect immigrants being held at its detention centers .
“ It is evident that ICE failed to do the bare minimum : they failed to have a plan @ @ @ @ @ @ @ they failed to monitor a situation , and they failed to take basic public health precautions , ” MacLean said by email Thursday .
“ The result was a situation which quickly spiraled out of control.
” The new restrictions for Yuba County Jail come three weeks after Chhabria imposed a set of stringent Covid-19 containment protocols on the Mesa Verde detention center in Bakersfield .
Following a five-day evidentiary hearing , the judge found ICE and its private contractor GEO Group “ can not be trusted on their own to provide reasonably @ @ @ @ @ @ @ Verde injunction issued Dec. 3 requires the facility to cap the number of detainees housed in each dorm at 26 , isolate the sick and administer rapid-result tests to all detainees and staff on a weekly basis .
Mesa Verde can house up to 400 detainees , but only 44 detainees were being held there as of Monday , according to ICE .
Yuba County Jail can hold up to 420 inmates including 210 immigrant detainees , but the jail currently operates at 55 % capacity with 211 county prisoners and 20 immigrant @ @ @ @ @ @ @ , 79 inmates and detainees have tested positive for Covid-19 at the jail , including three ICE detainees .
One of those three detainees has since been released on bond , according to ICE .
More than 400 immigrant detainees at Yuba County Jail and Mesa Verde sued ICE this past April , claiming the agency refused to take any meaningful action to prevent Covid-19 from spreading at the facilities .
In response , Judge Chhabria started a process for reviewing bail applications that enabled many detainees to be released to reduce crowding @ @ @ @ @ @ @ that process , Freeman said .
There are now about 64 immigrant detainees being held at Mesa Verde and Yuba County Jail , down at least 84 % from the more than 400 detainees held at those facilities in April .

Less than a month after imposing strict Covid-19 safety measures on a privately run detention center in California, a federal judge on Thursday put similar restrictions in place to contain a major outbreak at a county jail that houses immigrant detainees north of Sacramento.
SAN FRANCISCO (CN) — Less than a month after imposing strict Covid-19 safety measures on a privately run detention center in California, a federal judge on Thursday put similar restrictions in place to contain a major outbreak at a county jail that houses immigrant detainees north of Sacramento.
“We think it’s an important victory that will help protect the lives of ICE detainees at the Yuba County Jail,” said ACLU of Northern California attorney William Freeman, who represents the detainees, in a phone interview. “The measures that the court ordered are extensive, and they will have a positive effect on detainee health and safety.”
More than a third of the 231 inmates and immigrant detainees at Yuba County Jail have tested positive for Covid-19 over the last two weeks, according to Immigration and Customs Enforcement (ICE), which contracts with the county to hold undocumented immigrants awaiting potential deportation.
On Tuesday, lawyers for a class of detainees being held at Yuba County Jail and the privately run Mesa Verde detention center in Bakersfield asked for a temporary restraining order to require more stringent safety protocols at the Yuba County facility 40 miles north of Sacramento.
ICE argued in a brief Wednesday night that the jail has already agreed not to take in more ICE detainees until the outbreak is under control. It gave rapid Covid tests this past Friday to the 20 detainees now housed there and has agreed to do more rapid tests for all symptomatic detainees and staff members.
The agency also vowed to separate detainees into four categories: those who test negative with no symptoms, those who test negative but have symptoms, those who test positive for the virus, and those who tested positive but have recovered.
ICE claimed an injunction would interfere with the county jail’s operations and with a separate consent decree on jail conditions overseen by a federal judge in the Eastern District of California. ICE further insisted that an injunction would limit the ability of the jail and county health officer “to make decisions in the interest of the health and safety of detainees.”
In a 4-page order Thursday, U.S. District Judge Vince Chhabria acknowledged some measures sought by detainees’ lawyers would “intrude too greatly on the county’s ability to operate the facility as a whole,” but he also noted that past experience has taught him a court order is “necessary to ensure these sorts of safety measures are actually implemented,” even for those with which ICE has voluntarily agreed to comply.
Chhabria ordered ICE to stop placing new detainees in Yuba County Jail until there are no positive Covid-19 tests among staff and detainees for two weeks. He also required rapid tests be given to any detainee that has symptoms or was in close contact with someone who tested positive. He further mandated that all detainees be tested each week until two weeks pass with no positive results.
ICE must ensure all detainees who test positive or have symptoms are isolated from others. Cells and bunks must be cleaned and disinfected before detainees are assigned to them. The order also forbids housing detainees in the “Old Jail” section of the facility, an often cramped, open-air area without solid walls in which the virus can spread easily. Detainees must be provided with fresh, disposable masks daily until two weeks pass with no positive Covid-19 tests.
Chhabria ordered ICE to submit daily status updates on the number of immigrant detainees, county prisoners and staff members who test positive or have symptoms. The reports must also explain where detainees are being housed in the jail, including specific locations for symptomatic detainees and those who tested positive. Additionally, the reports must detail plans and implementation status for the testing, quarantine and isolation of class members, prisoners and staff.
ICE must also show cause why a preliminary injunction should not be issued to keep imposing those conditions on the agency. A hearing on the injunction will be held Jan. 7 if ICE opposes it.
Attorney Emilou MacLean of the San Francisco Public Defenders Office, which also represents the ICE detainees, said a court order was needed because the agency has a track record of not putting in place minimum safeguards to protect immigrants being held at its detention centers.
“It is evident that ICE failed to do the bare minimum: they failed to have a plan to protect those in their custody, they failed to monitor a situation, and they failed to take basic public health precautions,” MacLean said by email Thursday. “The result was a situation which quickly spiraled out of control.”
The new restrictions for Yuba County Jail come three weeks after Chhabria imposed a set of stringent Covid-19 containment protocols on the Mesa Verde detention center in Bakersfield. Following a five-day evidentiary hearing, the judge found ICE and its private contractor GEO Group “cannot be trusted on their own to provide reasonably safe conditions to detainees.”
The Mesa Verde injunction issued Dec. 3 requires the facility to cap the number of detainees housed in each dorm at 26, isolate the sick and administer rapid-result tests to all detainees and staff on a weekly basis. Mesa Verde can house up to 400 detainees, but only 44 detainees were being held there as of Monday, according to ICE.
Yuba County Jail can hold up to 420 inmates including 210 immigrant detainees, but the jail currently operates at 55% capacity with 211 county prisoners and 20 immigrant detainees. Over the last two weeks, 79 inmates and detainees have tested positive for Covid-19 at the jail, including three ICE detainees. One of those three detainees has since been released on bond, according to ICE.
More than 400 immigrant detainees at Yuba County Jail and Mesa Verde sued ICE this past April, claiming the agency refused to take any meaningful action to prevent Covid-19 from spreading at the facilities. In response, Judge Chhabria started a process for reviewing bail applications that enabled many detainees to be released to reduce crowding.
Hundreds of detainees were released through that process, Freeman said. There are now about 64 immigrant detainees being held at Mesa Verde and Yuba County Jail, down at least 84% from the more than 400 detainees held at those facilities in April.


courthousenews--2020-12-24--No Christmas Eve Joy for Truckers Stuck in UK Virus Gridlock

DOVER , England ( AP ) — Trucks inched slowly past checkpoints at the English port of Dover and headed across the Channel on Thursday to the French port of Calais , after France partially reopened its borders with Britain following a scare over a rapidly spreading new coronavirus variant .
Only a small fraction of the thousands of frustrated truck drivers and travelers have so far made it through the mass gridlock at Dover on Christmas Eve , held up by slow delivery of the coronavirus tests now demanded by France .
One by one , trucks passed toward @ @ @ @ @ @ @ France , as authorities checked that drivers had the negative virus tests required to cross .
On the French side , the vast Calais port — which normally takes in up to 4,000 trucks a day — remained quieter than usual .
“ Due to the logistical issues that have prevented freight getting to the port , we have unfortunately only been able to transport 144 trucks out of Dover , ” shipping company DFDS said .
The company is scrambling to arrange Christmas Day sailings to help resolve the problem , it @ @ @ @ @ @ @ take days to clear .
One U.K. road haulage expert estimated there could be 8,000 to 10,000 trucks caught up in the chaos near Dover but a government minister said it involved some 4,000 trucks .
French Ambassador Catherine Colonna said two dozen French firefighters have been sent to Dover , bringing 10,000 coronavirus tests for drivers desperate to get home for Christmas .
British Transport Secretary Grant Shapps said British and French authorities have agreed to keep the border between the countries open throughout Christmas to help truck drivers and travelers get @ @ @ @ @ @ @ world began barring people from Britain last weekend after Prime Minister Boris Johnson said large areas of southern England including London had to be placed under harsher restrictions to curb a new , more contagious version of the virus .
France ’ s temporary shutdown of the border raised the most concerns , since France is a major conduit for trade and travel between Britain and the continent .
The U.K. relies heavily on cross-Channel commercial links to the continent for food at this time of year , especially fresh fruit and vegetables @ @ @ @ @ @ @ came as Europe has been walloped by soaring new virus infections and deaths .
Europe as a whole has recorded over 500,000 virus-related deaths , according to a tally by Johns Hopkins University that experts agree is probably an undercount due to missed cases and other factors .
Britain has seen soaring infection rates in recent weeks , with many hospitals nearing their capacities .
On Wednesday , the country reported another 744 deaths and a record 39,237 confirmed new cases .
Christmas gatherings and festive shopping were cancelled for millions at the @ @ @ @ @ @ @ the spread of the virus .
London now has the highest rate of people testing positive in the country , according to the latest figures published by the Office for National Statistics .
It estimated that 2.1 % of people in the capital had Covid-19 in mid-December , compared to around 1.18 % , or one in 85 people , for the wider population in England .
The majority of new positive cases in London were believed to be the coronavirus variant , the statistics office said .
In France , officials defended @ @ @ @ @ @ @ border after the EU ’ s transport commissioner issued unusually strong criticism .
Commissioner Adina Valean , of Romania , tweeted : “ I deplore that France went against our recommendations and brought us back to the situation we were in in March when the supply chains were interrupted.
” France ’ s European affairs minister , Clement Beaune , tweeted back that France had “ exactly followed the EU recommendation ” and is now “ more open than other European countries ” to arrivals from Britain .
China on Thursday became the @ @ @ @ @ @ @ from the U.K. By SYLVIA HUI Associated Press Angela Charlton contributed from Paris .

Trucks inched slowly past checkpoints at the English port of Dover and headed across the Channel on Thursday to the French port of Calais, after France partially reopened its borders with Britain following a scare over a rapidly spreading new coronavirus variant.
DOVER, England (AP) — Trucks inched slowly past checkpoints at the English port of Dover and headed across the Channel on Thursday to the French port of Calais, after France partially reopened its borders with Britain following a scare over a rapidly spreading new coronavirus variant.
Only a small fraction of the thousands of frustrated truck drivers and travelers have so far made it through the mass gridlock at Dover on Christmas Eve, held up by slow delivery of the coronavirus tests now demanded by France. One by one, trucks passed toward ferries and trains that link Britain with France, as authorities checked that drivers had the negative virus tests required to cross.
On the French side, the vast Calais port — which normally takes in up to 4,000 trucks a day — remained quieter than usual.
"Due to the logistical issues that have prevented freight getting to the port, we have unfortunately only been able to transport 144 trucks out of Dover," shipping company DFDS said. The company is scrambling to arrange Christmas Day sailings to help resolve the problem, it added.
Officials warned the backlog could take days to clear. One U.K. road haulage expert estimated there could be 8,000 to 10,000 trucks caught up in the chaos near Dover but a government minister said it involved some 4,000 trucks.
French Ambassador Catherine Colonna said two dozen French firefighters have been sent to Dover, bringing 10,000 coronavirus tests for drivers desperate to get home for Christmas. British Transport Secretary Grant Shapps said British and French authorities have agreed to keep the border between the countries open throughout Christmas to help truck drivers and travelers get home.
Dozens of countries around the world began barring people from Britain last weekend after Prime Minister Boris Johnson said large areas of southern England including London had to be placed under harsher restrictions to curb a new, more contagious version of the virus.
France's temporary shutdown of the border raised the most concerns, since France is a major conduit for trade and travel between Britain and the continent. The U.K. relies heavily on cross-Channel commercial links to the continent for food at this time of year, especially fresh fruit and vegetables.
The announcement of the coronavirus variant came as Europe has been walloped by soaring new virus infections and deaths. Europe as a whole has recorded over 500,000 virus-related deaths, according to a tally by Johns Hopkins University that experts agree is probably an undercount due to missed cases and other factors.
Britain has seen soaring infection rates in recent weeks, with many hospitals nearing their capacities. On Wednesday, the country reported another 744 deaths and a record 39,237 confirmed new cases. Christmas gatherings and festive shopping were cancelled for millions at the last minute in a bid to control the spread of the virus.
London now has the highest rate of people testing positive in the country, according to the latest figures published by the Office for National Statistics. It estimated that 2.1% of people in the capital had Covid-19 in mid-December, compared to around 1.18%, or one in 85 people, for the wider population in England.
The majority of new positive cases in London were believed to be the coronavirus variant, the statistics office said.
In France, officials defended the country's handling of the border after the EU's transport commissioner issued unusually strong criticism.
Commissioner Adina Valean, of Romania, tweeted: "I deplore that France went against our recommendations and brought us back to the situation we were in in March when the supply chains were interrupted."
France's European affairs minister, Clement Beaune, tweeted back that France had "exactly followed the EU recommendation" and is now "more open than other European countries" to arrivals from Britain.
China on Thursday became the latest nation to suspend flights to and from the U.K.
By SYLVIA HUI Associated Press
Angela Charlton contributed from Paris.


courthousenews--2020-12-25--Judge Blocks Federal Wage Freeze on Farmworkers

FRESNO , Calif. ( CN ) — Farm workers won an eleventh-hour reprieve from a Department of Labor rule that would freeze their wages for the next two years .
The new rule published by the Labor Department last month locks in at 2019 levels the minimum wage employers must pay foreign agricultural workers with H-2A visas , known as the adverse effect wage rate .
Beginning in 2023 , the Labor Department also seeks to tie future wage increases to the generic employment cost index instead of relying on the Farm Labor Survey , causing wages to rise at @ @ @ @ @ @ @ District Judge Dale Drozd blocked the rule from taking effect in a ruling Wednesday because the department failed to justify its desire to freeze wages at below-market rate and did not adequately study whether the rule would also lead to wage stagnation among U.S. farmworkers .
The rule is currently being fought in court by the nation ’ s largest agricultural union , United Farm Workers .
Their lawsuit follows a successful challenge to the U.S. Department of Agriculture ’ s move to postpone the Farm Labor Survey this November , which determines @ @ @ @ @ @ @ immigrant farmworkers .
In his 39-page ruling , Drozd noted that California farmworkers , already earning a subsistence income , would be paid $ 0.81 less per hour under the rule , and that laborers in Oregon and Washington would be paid $ 77.40 less per month .
“ Reducing farmworkers wages by approximately four or five percent would therefore clearly cause substantial harm to plaintiffs ’ members and their families .
Farmworkers who already struggle to provide for the necessities of life will find that this wage depression will only place further @ @ @ @ @ @ @ food , shelter , and other necessities , ” Drozd wrote , citing declarations filed by UFW President Teresa Romero and UFW Foundation Executive Director Diana Tellefson Torres .
“ Many of plaintiffs ’ members , and other farmworkers across the United States , already struggle to pay for necessities such as shelter and medical care and many farmworkers suffer with food insecurity and must rely on emergency food programs.
” In arguing that Drozd should allow the rule to take effect immediately , the government tried to blame the union for filing @ @ @ @ @ @ @ But Drozd said the time crunch is squarely the fault of the government , which created the problem by trying to eschew this year ’ s Farm Labor Survey .
Drozd said he would preserve the status quo until the government can update its Adverse Effect Wage Rate data .
The Farm Labor Report is expected to be published on Feb. 11 , 2021 , and Drozd said he expects the Labor Department to set the 2021 minimum wage rate for immigration farm laborers within 30 days of its publication .

Farm workers won an eleventh-hour reprieve from a Department of Labor rule that would freeze their wages for the next two years.
FRESNO, Calif. (CN) — Farm workers won an eleventh-hour reprieve from a Department of Labor rule that would freeze their wages for the next two years.
The new rule published by the Labor Department last month locks in at 2019 levels the minimum wage employers must pay foreign agricultural workers with H-2A visas, known as the adverse effect wage rate.
Beginning in 2023, the Labor Department also seeks to tie future wage increases to the generic employment cost index instead of relying on the Farm Labor Survey, causing wages to rise at an even slower rate.
But U.S. District Judge Dale Drozd blocked the rule from taking effect in a ruling Wednesday because the department failed to justify its desire to freeze wages at below-market rate and did not adequately study whether the rule would also lead to wage stagnation among U.S. farmworkers.
The rule is currently being fought in court by the nation’s largest agricultural union, United Farm Workers.
Their lawsuit follows a successful challenge to the U.S. Department of Agriculture’s move to postpone the Farm Labor Survey this November, which determines the AEWR, or minimum wage for immigrant farmworkers.
In his 39-page ruling, Drozd noted that California farmworkers, already earning a subsistence income, would be paid $0.81 less per hour under the rule, and that laborers in Oregon and Washington would be paid $77.40 less per month.
“Reducing farmworkers wages by approximately four or five percent would therefore clearly cause substantial harm to plaintiffs’ members and their families. Farmworkers who already struggle to provide for the necessities of life will find that this wage depression will only place further financial strain on their ability to obtain food, shelter, and other necessities,” Drozd wrote, citing declarations filed by UFW President Teresa Romero and UFW Foundation Executive Director Diana Tellefson Torres.
“Many of plaintiffs’ members, and other farmworkers across the United States, already struggle to pay for necessities such as shelter and medical care and many farmworkers suffer with food insecurity and must rely on emergency food programs.”
In arguing that Drozd should allow the rule to take effect immediately, the government tried to blame the union for filing their lawsuit at the last minute. But Drozd said the time crunch is squarely the fault of the government, which created the problem by trying to eschew this year's Farm Labor Survey.
Drozd said he would preserve the status quo until the government can update its Adverse Effect Wage Rate data. The Farm Labor Report is expected to be published on Feb. 11, 2021, and Drozd said he expects the Labor Department to set the 2021 minimum wage rate for immigration farm laborers within 30 days of its publication.