courthousenews--2020-09-09--House Coronavirus Panel Shifts Focus to Election Security

WASHINGTON ( CN ) — The Covid-19 pandemic is still raging just eight weeks before Election Day , prompting House lawmakers on Wednesday to make a bipartisan call for better election and public health safety measures nationwide as millions prepare to mail in their ballot or risk voting in person .
As the clock ticks down to Nov. 3 and early voting starts soon in some areas , Jim Clyburn , chair of the House Select Subcommittee on the Coronavirus Crisis , urged state and local officials during a hearing Wednesday to ensure that recommendations from the Centers for Disease @ @ @ @ @ @ @ implemented quickly and completely .
The CDC released guidance in June for election officials , poll workers and voters , urging broad mask wearing at polling stations , strict social distancing , widespread use of disinfectants and improved ventilation , along with suggestions for crowd size management , including novel concepts like drive-up or curbside voting where permitted .
But perhaps most critically , according to lawmakers and voting rights advocates called to testify before the House panel , the CDC recommends polling places be opened early , kept open later and generally @ @ @ @ @ @ @ of the public to exercise their right to vote amid the pandemic .
Primaries this spring and summer in Texas , Georgia and Wisconsin saw people waiting in line to vote for hours , and in some cases even standing in the rain donning garbage bags waiting their turn .
Other voters were locked out of venues even as they stood in line , as the closure of polling places was widespread in numerous cities .
In Milwaukee , for example , the city saw just 3 % of its voting locations open @ @ @ @ @ @ @ This statistic set off alarm bells for Democratic lawmakers on the House coronavirus committee , which is tasked with conducting oversight of the federal response to the pandemic .
In mid-August , the committee issued letters to secretaries of state for Florida , Georgia , Texas and Wisconsin , asking the officials to make clear their plan for November .
Lawmakers sought voter turnout projections as well as data on the number of polling and early voting locations county by county , the number of drop boxes available for the general election , @ @ @ @ @ @ @ expected to assist voters in person this November .
All of this would help Congress determine where states are at in terms of the crisis , panel members said .
“ They must expand mail-in voting , drop boxes , and in-person voting while recruiting poll workers in order to maintain or increase the number of polling places open on Election Day , given the virus ’ harmful impact on seniors , ” Chairman Clyburn said of state and local officials who have reported a dip in poll workers this year because of @ @ @ @ @ @ @ be recruited to serve as poll workers in greater numbers than ever before .
Every American who can work as a poll worker must do so .
Your democracy needs you.
” Wisconsin election officials reported needing at least 30,000 poll workers for the general election .
But according to testimony from Kristen Clarke , president of the Lawyers ’ Committee for Civil Rights Under Law , the Badger State doesn ’ t think it will make that figure .
It is instead planning to get help from the National Guard .
Civil @ @ @ @ @ @ @ day ” to recruit poll workers , Clarke said , but what is really needed is an infusion of federal funding to shore up states ’ ability to hold fair elections .
This funding would enable them to increase poll worker pay , thereby increasing the likelihood that workers will not only show up , but actually stay despite the risk to their health .
The House passed the $ 3.6 trillion Heroes Act in May , which allotted hundreds of millions for states to handle Election Day needs during the crisis .
@ @ @ @ @ @ @ Senate with little hope of passage as lawmakers continue the next round of relief negotiations .
Clarke also said that since March , her organization has filed over two dozen lawsuits seeking to protect voter rights during the pandemic .
“ Georgia is the posterchild of voter dysfunction , ” she said , pointing to the state ’ s last-minute changes to polling place times and locations in the June primary .
Mimi Marziani , president of the Texas Civil Rights Project , said the Lone Star State is no better as it @ @ @ @ @ @ @ of a handful of states that have flatly refused to extend alternatives to voting in person .
“ At least 750 polling locations have closed in Texas in recent years , and where Black and Latinx populations are growing , they are seeing the vast majority of closures , ” Marziani said .
“ And that was before the pandemic .
There is barely time for Texas to step up but that time is running out.
” Republicans on the committee , like ranking member Steve Scalise of Louisiana , were not opposed @ @ @ @ @ @ @ for voters that follow CDC pandemic guidelines .
But where agreement between Democrats and Republicans stopped short was in what Scalise called a “ one-size-fits-all mandate ” offered by Democrats in March that called for every person on a voting roll to be mailed a ballot .
Scalise argued without any evidence that this would lead to excessive voter fraud .
“ House Democrats care more about winning the election than they do about election integrity , ” Congressman Mark Green , a Tennessee Republican , claimed Wednesday after railing against California for @ @ @ @ @ @ @ State is one of more than a dozen that uses this process .
“ If California wants to permit ballot harvesting and allow illegals to vote in their election , that ’ s their business , but don ’ t you dare try to tell Tennessee what we should do , ” Green said .
Kerry Washington – actress , voting rights activist and chair of the advocacy group When We All Vote – leant some star power to the hearing Wednesday .
Washington asked members to pass legislation that would increase Covid-19 @ @ @ @ @ @ @ in particular , since they are statistically harder hit by the virus than the white population .
To those who may feel discouraged , Washington offered some succinct advice .
“ When you stand in a long line to vote you have a chance to elect someone who can make it easier for you to vote the next time around .
Wear a mask , bring water .
Wear comfortable shoes , stay in line , ” she said .

The Covid-19 pandemic is still raging just eight weeks before Election Day, prompting House lawmakers on Wednesday to make a bipartisan call for better election and public health safety measures nationwide as millions prepare to mail in their ballot or risk voting in person.
WASHINGTON (CN) — The Covid-19 pandemic is still raging just eight weeks before Election Day, prompting House lawmakers on Wednesday to make a bipartisan call for better election and public health safety measures nationwide as millions prepare to mail in their ballot or risk voting in person.
As the clock ticks down to Nov. 3 and early voting starts soon in some areas, Jim Clyburn, chair of the House Select Subcommittee on the Coronavirus Crisis, urged state and local officials during a hearing Wednesday to ensure that recommendations from the Centers for Disease Control and Prevention for Election Day are implemented quickly and completely.
The CDC released guidance in June for election officials, poll workers and voters, urging broad mask wearing at polling stations, strict social distancing, widespread use of disinfectants and improved ventilation, along with suggestions for crowd size management, including novel concepts like drive-up or curbside voting where permitted.
But perhaps most critically, according to lawmakers and voting rights advocates called to testify before the House panel, the CDC recommends polling places be opened early, kept open later and generally operate more flexibly to meet the needs of the public to exercise their right to vote amid the pandemic.
Primaries this spring and summer in Texas, Georgia and Wisconsin saw people waiting in line to vote for hours, and in some cases even standing in the rain donning garbage bags waiting their turn. Other voters were locked out of venues even as they stood in line, as the closure of polling places was widespread in numerous cities. In Milwaukee, for example, the city saw just 3% of its voting locations open during Wisconsin’s April primary.
This statistic set off alarm bells for Democratic lawmakers on the House coronavirus committee, which is tasked with conducting oversight of the federal response to the pandemic. In mid-August, the committee issued letters to secretaries of state for Florida, Georgia, Texas and Wisconsin, asking the officials to make clear their plan for November.
Lawmakers sought voter turnout projections as well as data on the number of polling and early voting locations county by county, the number of drop boxes available for the general election, and the projected number of poll workers expected to assist voters in person this November. All of this would help Congress determine where states are at in terms of the crisis, panel members said.
“They must expand mail-in voting, drop boxes, and in-person voting while recruiting poll workers in order to maintain or increase the number of polling places open on Election Day, given the virus’ harmful impact on seniors,” Chairman Clyburn said of state and local officials who have reported a dip in poll workers this year because of the pandemic. “Younger Americans must be recruited to serve as poll workers in greater numbers than ever before. Every American who can work as a poll worker must do so. Your democracy needs you.”
Wisconsin election officials reported needing at least 30,000 poll workers for the general election. But according to testimony from Kristen Clarke, president of the Lawyers’ Committee for Civil Rights Under Law, the Badger State doesn’t think it will make that figure. It is instead planning to get help from the National Guard.
Civil rights groups are working “night and day” to recruit poll workers, Clarke said, but what is really needed is an infusion of federal funding to shore up states’ ability to hold fair elections. This funding would enable them to increase poll worker pay, thereby increasing the likelihood that workers will not only show up, but actually stay despite the risk to their health.
The House passed the $3.6 trillion Heroes Act in May, which allotted hundreds of millions for states to handle Election Day needs during the crisis. But it has since moldered in the Senate with little hope of passage as lawmakers continue the next round of relief negotiations.
Clarke also said that since March, her organization has filed over two dozen lawsuits seeking to protect voter rights during the pandemic.
“Georgia is the posterchild of voter dysfunction,” she said, pointing to the state’s last-minute changes to polling place times and locations in the June primary.
Mimi Marziani, president of the Texas Civil Rights Project, said the Lone Star State is no better as it holds the distinction of being just one of a handful of states that have flatly refused to extend alternatives to voting in person.
“At least 750 polling locations have closed in Texas in recent years, and where Black and Latinx populations are growing, they are seeing the vast majority of closures,” Marziani said. “And that was before the pandemic. There is barely time for Texas to step up but that time is running out.”
Republicans on the committee, like ranking member Steve Scalise of Louisiana, were not opposed outright to absentee voting or creating alternatives for voters that follow CDC pandemic guidelines. But where agreement between Democrats and Republicans stopped short was in what Scalise called a “one-size-fits-all mandate” offered by Democrats in March that called for every person on a voting roll to be mailed a ballot.
Scalise argued without any evidence that this would lead to excessive voter fraud.
“House Democrats care more about winning the election than they do about election integrity,” Congressman Mark Green, a Tennessee Republican, claimed Wednesday after railing against California for implementing automatic voter registration.
The Golden State is one of more than a dozen that uses this process.
“If California wants to permit ballot harvesting and allow illegals to vote in their election, that’s their business, but don’t you dare try to tell Tennessee what we should do,” Green said.
Kerry Washington – actress, voting rights activist and chair of the advocacy group When We All Vote – leant some star power to the hearing Wednesday. Washington asked members to pass legislation that would increase Covid-19 relief funding for Black and Latin communities in particular, since they are statistically harder hit by the virus than the white population.
To those who may feel discouraged, Washington offered some succinct advice.
“When you stand in a long line to vote you have a chance to elect someone who can make it easier for you to vote the next time around. Wear a mask, bring water. Wear comfortable shoes, stay in line,” she said.


courthousenews--2020-09-10--Research Shows Mail-In Voting Doesn’t Favor Democrats or Republicans

( CN ) — This November will be one of the first presidential elections in recent memory where voters cast their ballots during a global pandemic , and many will be doing so by mail .
President Donald Trump has attacked mail-in ballots and accused Democrats of trying to engineer the Covid-19 pandemic as an excuse to steal the election .
But a study published Wednesday says more mail voting does not favor Democrats or Republicans in California .
How voters cast their ballots in the upcoming general election could be radically different depending on where they live .
In @ @ @ @ @ @ @ Institute of California found 15 counties in the Golden State are uniquely positioned because they adopted a higher level of voting-by-mail under the Voter ’ s Choice Act ( VCA ) of 2016 .
In California , voters will receive ballots in the mail and requirements for in-person voting locations will be relaxed .
Earlier this month , California Secretary of State Alex Padilla announced 21 million people are registered to vote in the Golden State .
But in Louisiana , election officials have argued in federal court that the virus is not @ @ @ @ @ @ @ mail .
Those select 15 California counties that follow the VCA model can offer vote centers , which are consolidated voting locations , and every voter can receive their ballot in the mail .
Voters are not restricted to a polling place in their local neighborhood .
And vote centers are open for 10 days leading up to Election Day to alleviate crowds at the polls , which is ideal given Covid-19 restrictions .
In the PPIC report “ How Greater Vote-by-Mail Influences California Voter Turnout , ” researchers analyzed two California counties @ @ @ @ @ @ @ .
Orange County used the VCA process for the first time during the primary election in March .
Sacramento County has used it for the 2018 and 2020 primaries and the 2018 mid-term general election .
Mailing in ballots has been the plurality choice in both counties , with 48 % choosing that option in Orange and 34 % in Sacramento .
Fewer voters dropped off their ballot in person between both counties , while more voted in person in Orange than in Sacramento County according to study .
Historically , Orange County @ @ @ @ @ @ @ deep-blue state .
But the latest data from the Orange County Registrar of Voters shows that 34 % of voters are registered Republicans and about 37 % are registered Democrats .
Meanwhile , the two VCA counties saw higher turnout especially by registered voters who said they preferred voting in person , while non-English speaking voters and senior voters used mail voting at higher rate .
That mail-in group doesn ’ t show any significant differences by race or ethnicity , but in the 2018 primary , Latino and Asian American registered voters @ @ @ @ @ @ @ out in smaller numbers according to the PPIC study .
There was also a general decline among new and young voters in the 2020 primaries and there was a decline or barely an increase for foreign-language voters who prefer in-person voting and for tenants who rent and prefer vote by-mail .
In recent months , the Trump administration has sought to shakeup the U.S .
Postal Service ahead of the general election where voters will decide if Trump will remain in office .
Those delays have prompted numerous lawsuits against the federal government @ @ @ @ @ @ @ Xavier Becerra said the Trump administration ’ s moves against the USPS are “ un-American ” and “ an attack on free and fair elections and our right to vote.
” The PPIC study says the VCA effect on turnout in Orange and Sacramento counties shows that the difference between parties is minimal , which is the basis for Trump ’ s attacks against Democrats and his challenger former Vice President Joe Biden .
“ Across both in-person and by-mail voters and both elections , partisans vote at higher rates under the VCA @ @ @ @ @ @ @ in this increase are small and favor different parties in different elections , ” write the study authors .
Turnout is between one and four points higher under the VCA model says the study authors .
Now under the specter of the coronavirus , trends may be pushed by different behaviors , according to the study .
“ Voters may want to vote earlier to avoid the crowds associated with higher risk of virus transmission , ” the study authors wrote .
In California , the deadline for county officials to receive ballots @ @ @ @ @ @ @ extended to 17 days after the election .
But getting the word on updates about the voting process out to the public will require a coordinated outreach to different groups of voters .
That means using ethnic media for certain groups of voters , while first-time and low-propensity voters may rely on official communications .
Social media might be the only way to reach young voters , via SnapChat , Instagram and TikTok .
But what researchers call deep engagement may be lost under the changes due to Covid-19 , the study authors @ @

This November will be one of the first presidential elections in recent memory where voters cast their ballots during a global pandemic, and many will be doing so by mail.
(CN) — This November will be one of the first presidential elections in recent memory where voters cast their ballots during a global pandemic, and many will be doing so by mail.
President Donald Trump has attacked mail-in ballots and accused Democrats of trying to engineer the Covid-19 pandemic as an excuse to steal the election. But a study published Wednesday says more mail voting does not favor Democrats or Republicans in California.
How voters cast their ballots in the upcoming general election could be radically different depending on where they live. In its study, the nonprofit Public Policy Institute of California found 15 counties in the Golden State are uniquely positioned because they adopted a higher level of voting-by-mail under the Voter’s Choice Act (VCA) of 2016.
In California, voters will receive ballots in the mail and requirements for in-person voting locations will be relaxed. Earlier this month, California Secretary of State Alex Padilla announced 21 million people are registered to vote in the Golden State. But in Louisiana, election officials have argued in federal court that the virus is not a valid reason to issue ballots by mail.
Those select 15 California counties that follow the VCA model can offer vote centers, which are consolidated voting locations, and every voter can receive their ballot in the mail.
Voters are not restricted to a polling place in their local neighborhood. And vote centers are open for 10 days leading up to Election Day to alleviate crowds at the polls, which is ideal given Covid-19 restrictions.
In the PPIC report “How Greater Vote-by-Mail Influences California Voter Turnout,” researchers analyzed two California counties that have used the modified voting model.
Orange County used the VCA process for the first time during the primary election in March. Sacramento County has used it for the 2018 and 2020 primaries and the 2018 mid-term general election.
Mailing in ballots has been the plurality choice in both counties, with 48% choosing that option in Orange and 34% in Sacramento. Fewer voters dropped off their ballot in person between both counties, while more voted in person in Orange than in Sacramento County according to study.
Historically, Orange County was a conservative Republican bastion in a deep-blue state. But the latest data from the Orange County Registrar of Voters shows that 34% of voters are registered Republicans and about 37% are registered Democrats.
Meanwhile, the two VCA counties saw higher turnout especially by registered voters who said they preferred voting in person, while non-English speaking voters and senior voters used mail voting at higher rate. That mail-in group doesn’t show any significant differences by race or ethnicity, but in the 2018 primary, Latino and Asian American registered voters who prefer to vote by mail turned out in smaller numbers according to the PPIC study.
There was also a general decline among new and young voters in the 2020 primaries and there was a decline or barely an increase for foreign-language voters who prefer in-person voting and for tenants who rent and prefer vote by-mail.
In recent months, the Trump administration has sought to shakeup the U.S. Postal Service ahead of the general election where voters will decide if Trump will remain in office.
Those delays have prompted numerous lawsuits against the federal government and in a statement California Attorney General Xavier Becerra said the Trump administration’s moves against the USPS are “un-American” and “an attack on free and fair elections and our right to vote.”
The PPIC study says the VCA effect on turnout in Orange and Sacramento counties shows that the difference between parties is minimal, which is the basis for Trump’s attacks against Democrats and his challenger former Vice President Joe Biden.
“Across both in-person and by-mail voters and both elections, partisans vote at higher rates under the VCA, but the differences between the parties in this increase are small and favor different parties in different elections,” write the study authors.
Turnout is between one and four points higher under the VCA model says the study authors.
Now under the specter of the coronavirus, trends may be pushed by different behaviors, according to the study.
“Voters may want to vote earlier to avoid the crowds associated with higher risk of virus transmission,” the study authors wrote.
In California, the deadline for county officials to receive ballots postmarked on or before Election Day is extended to 17 days after the election.
But getting the word on updates about the voting process out to the public will require a coordinated outreach to different groups of voters. That means using ethnic media for certain groups of voters, while first-time and low-propensity voters may rely on official communications.
Social media might be the only way to reach young voters, via SnapChat, Instagram and TikTok. But what researchers call deep engagement may be lost under the changes due to Covid-19, the study authors said.


courthousenews--2020-09-10--California High Court Lets San Francisco’s Disputed Homeless Tax Stand

SAN FRANCISCO ( CN ) — The California Supreme Court on Wednesday freed up millions of dollars for San Francisco ’ s homeless relief programs by refusing to review a decision upholding a special business tax approved by voters in 2018 .
With 61 % of voters in favor , San Francisco approved Proposition C in November 2018 .
The ballot measure , supported by Salesforce CEO Marc Benioff , would add about $ 300 million to the city ’ s annual $ 380 million homelessness budget to fund new affordable housing units , shelter beds , mental health care @ @ @ @ @ @ @ The money , which has been partly held in escrow pending legal challenges , comes from a 0.5 % gross receipts tax on corporate revenue above $ 50 million .
A 2018 economic analysis found the tax would affect 300 to 400 companies in San Francisco and cause 725 to 875 jobs to be lost over 20 years .
It also found the proposal would likely reduce the city ’ s homeless population .
San Francisco had more than 8,000 homeless residents in 2019 .
Opponents led by the Howard Jarvis Taxpayers Association @ @ @ @ @ @ @ , arguing the California Constitution requires a two-thirds majority of voters to approve special taxes placed on the ballot by government officials .
The Jarvis Association had previously contested another special tax approved by 51 % of San Francisco voters in June 2018 .
That ballot measure , also labeled Proposition C , would raise $ 145 million annually for childcare and early education by imposing a new tax on commercial rents .
San Francisco Superior Court Judge Ethan Schulman upheld both ballot measures in July 2019 , finding the state constitution does @ @ @ @ @ @ @ a simple majority of voters .
In June , California ’ s First District Court of Appeals upheld that decision but only as it pertains to the special tax for homeless relief programs .
On Wednesday , the California Supreme Court denied a petition to review the case , allowing the appeals court ruling to stand .
“ We ’ re pleased that this legal victory will free up millions of dollars to provide services , housing and mental health treatment for those in our city who most desperately need it , ” @ @ @ @ @ @ @ in a statement Wednesday .
Timothy Bittle , legal director for the Jarvis Taxpayers Association , said he found the court ’ s decision “ very puzzling ” because this case appeared to be a prime candidate for review by the state ’ s highest judicial authority .
One of the most important factors for deciding whether to review a case usually centers on whether a conflict exists between different appellate districts within the state , he said .
“ Here you ’ ve got that , ” Bittle said in a phone @ @ @ @ @ @ @ 1987 decision by California ’ s Second District Court of Appeal in Altadena Library District v. Bloodgood , which held that a two-thirds majority is required to approve special taxes .
However , San Francisco argued that ruling was superseded by a 2017 California Supreme Court decision , California Cannabis Coalition v. City of Upland , which held the drafters of prior ballot measures imposing a two-third approval requirement for special taxes “ did not contemplate that they were affecting the power of voters to propose taxes via initiatives.
” Herrera said in @ @ @ @ @ @ @ first public law office to adopt that position in court .
“ We have said since the City of Upland decision was handed down , we ’ re confident that when voters act through the initiative process , a simple majority is required , ” Herrera said .
“ From the beginning , this case has been about upholding the will of the voters.
” Bittle said he believes the state supreme court missed an important opportunity to clear up confusion on the question of whether special tax initiatives require two-thirds approval or @ @ @ @ @ @ @ court may have been influenced by a safe sleeping site , or sanctioned tent encampment for homeless people , that the city established in May next to Civic Center Plaza , which is across the street from the California Supreme Court building in San Francisco .
“ It ’ s almost like the city was doing this as a daily reminder to the court that it needs more money for homeless assistance , ” Bittle said .
The attorney said other cases challenging special tax initiatives approved by less than two-thirds of voters @ @ @ @ @ @ @ this time .
He hopes the high court will take up one of those cases soon .
“ There are other cases in the pipeline and we hope the Supreme Court will grant review in one of these cases and will do so before we see any ripple effect from its decision today to not grant review , ” Bittle said .

The California Supreme Court on Wednesday freed up millions of dollars for San Francisco’s homeless relief programs by refusing to review a decision upholding a special business tax approved by voters in 2018.
SAN FRANCISCO (CN) — The California Supreme Court on Wednesday freed up millions of dollars for San Francisco’s homeless relief programs by refusing to review a decision upholding a special business tax approved by voters in 2018.
With 61% of voters in favor, San Francisco approved Proposition C in November 2018. The ballot measure, supported by Salesforce CEO Marc Benioff, would add about $300 million to the city’s annual $380 million homelessness budget to fund new affordable housing units, shelter beds, mental health care, addiction treatment and other services.
The money, which has been partly held in escrow pending legal challenges, comes from a 0.5% gross receipts tax on corporate revenue above $50 million. A 2018 economic analysis found the tax would affect 300 to 400 companies in San Francisco and cause 725 to 875 jobs to be lost over 20 years.
It also found the proposal would likely reduce the city’s homeless population. San Francisco had more than 8,000 homeless residents in 2019.
Opponents led by the Howard Jarvis Taxpayers Association challenged the voter-backed business tax in court, arguing the California Constitution requires a two-thirds majority of voters to approve special taxes placed on the ballot by government officials.
An image of the docket entry noting that the state Supreme Court denied the petition for review.
The Jarvis Association had previously contested another special tax approved by 51% of San Francisco voters in June 2018. That ballot measure, also labeled Proposition C, would raise $145 million annually for childcare and early education by imposing a new tax on commercial rents.
San Francisco Superior Court Judge Ethan Schulman upheld both ballot measures in July 2019, finding the state constitution does not bar approval of special taxes by a simple majority of voters.
In June, California’s First District Court of Appeals upheld that decision but only as it pertains to the special tax for homeless relief programs.
On Wednesday, the California Supreme Court denied a petition to review the case, allowing the appeals court ruling to stand.
“We’re pleased that this legal victory will free up millions of dollars to provide services, housing and mental health treatment for those in our city who most desperately need it,” San Francisco City Attorney Dennis Herrera said in a statement Wednesday.
Timothy Bittle, legal director for the Jarvis Taxpayers Association, said he found the court’s decision “very puzzling” because this case appeared to be a prime candidate for review by the state’s highest judicial authority.
One of the most important factors for deciding whether to review a case usually centers on whether a conflict exists between different appellate districts within the state, he said.
“Here you’ve got that,” Bittle said in a phone interview.
The anti-tax lawyer cited a 1987 decision by California’s Second District Court of Appeal in Altadena Library District v. Bloodgood, which held that a two-thirds majority is required to approve special taxes.
However, San Francisco argued that ruling was superseded by a 2017 California Supreme Court decision, California Cannabis Coalition v. City of Upland, which held the drafters of prior ballot measures imposing a two-third approval requirement for special taxes “did not contemplate that they were affecting the power of voters to propose taxes via initiatives.”
Herrera said in a statement Wednesday that his was the first public law office to adopt that position in court.
“We have said since the City of Upland decision was handed down, we’re confident that when voters act through the initiative process, a simple majority is required,” Herrera said. “From the beginning, this case has been about upholding the will of the voters.”
Bittle said he believes the state supreme court missed an important opportunity to clear up confusion on the question of whether special tax initiatives require two-thirds approval or a simple majority.
He suggested the court may have been influenced by a safe sleeping site, or sanctioned tent encampment for homeless people, that the city established in May next to Civic Center Plaza, which is across the street from the California Supreme Court building in San Francisco.
“It’s almost like the city was doing this as a daily reminder to the court that it needs more money for homeless assistance,” Bittle said.
The attorney said other cases challenging special tax initiatives approved by less than two-thirds of voters are still percolating through the courts at this time. He hopes the high court will take up one of those cases soon.
“There are other cases in the pipeline and we hope the Supreme Court will grant review in one of these cases and will do so before we see any ripple effect from its decision today to not grant review,” Bittle said.


courthousenews--2020-09-10--LA County Launches Contact Tracing App

LA County Launches Contact Tracing App

LOS ANGELES ( CN ) — Six months after Los Angeles leaders announced drastic measures to slow the spread of the coronavirus , those same leaders announced Wednesday a partnership with a mobile app that can anonymously notify a person if they came into close contact with someone who tested positive for the virus .
Since the onset of the Covid-19 pandemic , LA County has reported nearly 250,000 confirmed infections and over 6,000 deaths .
Unlike the early days of the pandemic , the county ’ s testing capacity has ramped up and infection control measures under the county @ @ @ @ @ @ @ in just about every facet of the local economy .
County officials on Wednesday encouraged residents to take another step to slowing the spread of the virus and asked residents to download the Citizen SafePass mobile app .
The makers of the app have a separate app that sends users real-time notifications about safety alerts near them , but now the SafePass app will track a user ’ s Covid-19 health history .
Through the first weeks of November , the app maker said they will also send users at-home tests if they @ @ @ @ @ @ @ anonymously notifying those who may have been exposed .
County officials , along with the cities of LA , Long Beach and Pasadena , hope their residents will download the app and opt to share their information .
“ We ’ re bringing this app to Los Angeles County because when it comes to stopping Covid in its tracks , information is power , ” LA Mayor Eric Garcetti said during a Wednesday briefing .
“ The more that you know , the faster that you can act.
” Officials say the app @ @ @ @ @ @ @ county ’ s 2,600 contact tracers that call residents who tested positive for Covid-19 and attempt to track down their close contacts .
But the app will go much further than any contact tracer could ever accomplish with a phone interview , as the app will use a phone ’ s Bluetooth to track a person ’ s interactions with others .
The SafePass app is also being touted as a good way to keep updated about other developments with infection control in a user ’ s neighborhood .
“ This is a @ @ @ @ @ @ @ , involved and aware , ” LA County Supervisor Kathryn Barger said .
Citizen CEO Andrew Frame said that roughly 1 million people in the county already use the standalone app .
On Wednesday , LA County reported 671 new confirmed infections and 61 new deaths with 936 people who are currently hospitalized .
Aside from the reported deaths , all other metrics are trending down , according to health officials .
It ’ s too soon to say if the Labor Day weekend will result in a spike of cases similar to @ @ @ @ @ @ @ over the Memorial Day weekend .
Health officials relented on an outright ban on trick-or-treating as they advised the practice would be “ not recommended ” by the LA County Public Health Department .
On Tuesday officials said trick-or-treating would be banned along with large gatherings like haunted houses and festivals .
But at a Wednesday briefing , Ferrer said , “ We are recommending that trick-or-treating not happen this year .
”

Six months after Los Angeles leaders announced drastic measures to slow the spread of the coronavirus, those same leaders announced Wednesday a partnership with a mobile app that can anonymously notify a person if they came into close contact with someone who tested positive for the virus.
LOS ANGELES (CN) — Six months after Los Angeles leaders announced drastic measures to slow the spread of the coronavirus, those same leaders announced Wednesday a partnership with a mobile app that can anonymously notify a person if they came into close contact with someone who tested positive for the virus.
Since the onset of the Covid-19 pandemic, LA County has reported nearly 250,000 confirmed infections and over 6,000 deaths.
Unlike the early days of the pandemic, the county’s testing capacity has ramped up and infection control measures under the county’s health order can be found in just about every facet of the local economy.
County officials on Wednesday encouraged residents to take another step to slowing the spread of the virus and asked residents to download the Citizen SafePass mobile app.
The makers of the app have a separate app that sends users real-time notifications about safety alerts near them, but now the SafePass app will track a user’s Covid-19 health history.
Through the first weeks of November, the app maker said they will also send users at-home tests if they test positive for the virus along with anonymously notifying those who may have been exposed.
County officials, along with the cities of LA, Long Beach and Pasadena, hope their residents will download the app and opt to share their information.
“We’re bringing this app to Los Angeles County because when it comes to stopping Covid in its tracks, information is power,” LA Mayor Eric Garcetti said during a Wednesday briefing. “The more that you know, the faster that you can act.”
Officials say the app will not replace the work of the county’s 2,600 contact tracers that call residents who tested positive for Covid-19 and attempt to track down their close contacts. But the app will go much further than any contact tracer could ever accomplish with a phone interview, as the app will use a phone’s Bluetooth to track a person’s interactions with others.
The SafePass app is also being touted as a good way to keep updated about other developments with infection control in a user’s neighborhood.
“This is a great way for them to stay informed, involved and aware,” LA County Supervisor Kathryn Barger said.
Citizen CEO Andrew Frame said that roughly 1 million people in the county already use the standalone app.
On Wednesday, LA County reported 671 new confirmed infections and 61 new deaths with 936 people who are currently hospitalized. Aside from the reported deaths, all other metrics are trending down, according to health officials.
It’s too soon to say if the Labor Day weekend will result in a spike of cases similar to the jump in infections that likely flourished over the Memorial Day weekend.
Health officials relented on an outright ban on trick-or-treating as they advised the practice would be “not recommended” by the LA County Public Health Department.
On Tuesday officials said trick-or-treating would be banned along with large gatherings like haunted houses and festivals.
But at a Wednesday briefing, Ferrer said, "We are recommending that trick-or-treating not happen this year."


courthousenews--2020-09-10--Texas Election Officials Claim Mail-In Ballots Will Lead to Accidental Voting Fraud

HOUSTON ( CN ) — The clerk of Texas ’ biggest county will be walking some voters into a felony if permitted to mail absentee ballot applications to all registered voters , the state ’ s elections director testified Wednesday .
Harris County Clerk Chris Hollins believes voting by mail is the safest option , especially today with election officials across the country fretting over how to safeguard voters from catching Covid-19 at the polls .
Hollins has taken steps to make in-person voting safe : He said the county , whose seat is Houston , will keep early voting @ @ @ @ @ @ @ one day of early voting in which the polls stay open for 24 hours and have a record 808 polling places on Election Day .
But the pandemic has thrown a huge wrinkle into the process and intensified the partisan disputes in a state run by Republicans , but whose largest cities are controlled by Democrats .
Due to the uncertainty of what constitutes a disability qualifying Texans to vote by mail , Hollins announced in late August he would be mailing absentee voting applications to all the county ’ s 2.4 million @ @ @ @ @ @ @ Paxton sued Hollins on Aug. 31 , seeking an injunction to stop him from sending out the applications .
At a temporary injunction hearing Wednesday , Texas Elections Director Keith Ingram said voters can print absentee ballot applications off the Texas secretary of state ’ s website , get them from county clerks , advocacy groups can mail them to voters and people can even hand them out on the street .
The Texas Democratic Party , for instance , said it will mail absentee ballot applications to 1.75 million people age 65 @ @ @ @ @ @ @ for the 2020 election cycle .
Besides disability and age , Texans can vote by mail if they will be out of the county during the early-voting period and Election Day or they are in jail .
Ingram said Hollins ’ plan is a first for a Texas county election official and he is acting ultra vires , beyond his authority , because he can only give the applications to people who request them .
The state claims Hollins is violating this section of the Election Code : “ The early voting clerk @ @ @ @ @ @ @ application form for an early voting ballot to each applicant requesting the clerk to send the applicant an application form.
” Ingram testified he believes some voters will be misled by the application and be disenfranchised because they will apply for an absentee ballot when they are not eligible and others will decide not to vote .
“ When something new happens , voters are very concerned it ’ s fraud , or an opportunity for fraud , ” he said .
“ And when something new happens , it confuses some voters @ @ @ @ @ @ @ completely off.
” Worse , Ingram and state attorney Kathleen Hunker said , Hollins could be setting people up for prison time .
“ There ’ s a real risk people will be walked into felonies , ” Hunker told Harris County District Judge R.K. Sandill in a four-hour videoconference hearing .
Knowingly providing false information on the application is a “ state jail felony ” punishable by up to two years in prison and a $ 10,000 fine .
“ We have an obligation to protect Texas voters from abuse by election @ @ @ @ @ @ @ Texas Supreme Court ruled in May that lack of immunity to Covid-19 , or fear of contracting the disease , does not constitute a disability that qualifies people to vote by mail .
But it said underlying conditions that increase the risk of complications from Covid-19 could qualify as a disability .
The application only requires voters to check a box indicating they are disabled , not to state the nature of their disability .
And election officials are not required to investigate each applicant ’ s disability .
To qualify for an @ @ @ @ @ @ @ mass application mailing would cause the state irreparable harm .
Homing in on that standard , Sandill asked Ingram how many people the state has prosecuted for giving false info on an absentee ballot application .
“ I don ’ t know , ” Ingram said .
But he said the Texas secretary of state ’ s office has received referrals about such crimes .
Hollins held up the mailer , which states up top in large red letters , “ Do You Qualify to Vote by Mail ?
” He said when @ @ @ @ @ @ @ ’ t even know there is an application in there .
It begins with an advisory on who is eligible .
“ It would be a very bizarre outcome and highly unlikely that someone would unfold this fully , go to the very bottom and say , ‘ I need to fill this out , ’ without looking up here , ” he said .
Hollins , a Democrat , said the mailers are also designed to help with election management .
He said voters would simply tear off a postcard with their @ @ @ @ @ @ @ it , and a barcode that can be scanned to enter their info into the county ’ s records .
“ No need to open envelopes , ” he said .
“ And if you are doing hundreds and thousands of these , opening them and keying in info takes a lot of time and there ’ s an opportunity for error…These are much easier for our staff to process.
” Harris County ’ s outside counsel Susan Hays , an administrative law specialist , said Texas is showing a low regard for @ @ @ @ @ @ @ is arguing somehow voters are too stupid to understand those instructions , ” she said .
“ Even when there ’ s big red lettering and an order to please make sure you are eligible before you do this .
That they will somehow accidentally commit fraud and they are making it very clear in this hearing they will prosecute.
” She continued , “ So where is the harm to the voters coming from ?
It is manufactured by the attorney general ’ s office itself.
” Sandill said he would issue @ @ @ @ @ @ @ But he will not have the last word because both sides have vowed to appeal if they lose .
The Harris County Republican Party has also challenged Hollins ’ mailing plan as unlawful .
That case is before the Texas Supreme Court .

The clerk of Texas’ biggest county will be walking some voters into a felony if permitted to mail absentee ballot applications to all registered voters, the state’s elections director testified Wednesday.
HOUSTON (CN) — The clerk of Texas’ biggest county will be walking some voters into a felony if permitted to mail absentee ballot applications to all registered voters, the state’s elections director testified Wednesday.
Harris County Clerk Chris Hollins believes voting by mail is the safest option, especially today with election officials across the country fretting over how to safeguard voters from catching Covid-19 at the polls.
Hollins has taken steps to make in-person voting safe: He said the county, whose seat is Houston, will keep early voting sites open until 10 p.m., have one day of early voting in which the polls stay open for 24 hours and have a record 808 polling places on Election Day.
But the pandemic has thrown a huge wrinkle into the process and intensified the partisan disputes in a state run by Republicans, but whose largest cities are controlled by Democrats.
Due to the uncertainty of what constitutes a disability qualifying Texans to vote by mail, Hollins announced in late August he would be mailing absentee voting applications to all the county’s 2.4 million registered voters.
Texas Attorney General Ken Paxton sued Hollins on Aug. 31, seeking an injunction to stop him from sending out the applications.
At a temporary injunction hearing Wednesday, Texas Elections Director Keith Ingram said voters can print absentee ballot applications off the Texas secretary of state’s website, get them from county clerks, advocacy groups can mail them to voters and people can even hand them out on the street.
The Texas Democratic Party, for instance, said it will mail absentee ballot applications to 1.75 million people age 65 or older, who automatically qualify, for the 2020 election cycle.
Besides disability and age, Texans can vote by mail if they will be out of the county during the early-voting period and Election Day or they are in jail.
Ingram said Hollins’ plan is a first for a Texas county election official and he is acting ultra vires, beyond his authority, because he can only give the applications to people who request them.
The state claims Hollins is violating this section of the Election Code: “The early voting clerk shall mail without charge an appropriate official application form for an early voting ballot to each applicant requesting the clerk to send the applicant an application form.”
Ingram testified he believes some voters will be misled by the application and be disenfranchised because they will apply for an absentee ballot when they are not eligible and others will decide not to vote.
“When something new happens, voters are very concerned it’s fraud, or an opportunity for fraud,” he said. “And when something new happens, it confuses some voters and could potentially turn some of them completely off.”
Worse, Ingram and state attorney Kathleen Hunker said, Hollins could be setting people up for prison time.
“There’s a real risk people will be walked into felonies,” Hunker told Harris County District Judge R.K. Sandill in a four-hour videoconference hearing.
Knowingly providing false information on the application is a “state jail felony” punishable by up to two years in prison and a $10,000 fine.
“We have an obligation to protect Texas voters from abuse by election officials,” Ingram said.
The Texas Supreme Court ruled in May that lack of immunity to Covid-19, or fear of contracting the disease, does not constitute a disability that qualifies people to vote by mail. But it said underlying conditions that increase the risk of complications from Covid-19 could qualify as a disability.
The application only requires voters to check a box indicating they are disabled, not to state the nature of their disability. And election officials are not required to investigate each applicant’s disability.
To qualify for an injunction, Texas must prove Hollins’ mass application mailing would cause the state irreparable harm.
Homing in on that standard, Sandill asked Ingram how many people the state has prosecuted for giving false info on an absentee ballot application.
“I don’t know,” Ingram said. But he said the Texas secretary of state’s office has received referrals about such crimes.
Hollins held up the mailer, which states up top in large red letters, “Do You Qualify to Vote by Mail?”
He said when one opens it up, they don’t even know there is an application in there. It begins with an advisory on who is eligible.
“It would be a very bizarre outcome and highly unlikely that someone would unfold this fully, go to the very bottom and say, ‘I need to fill this out,’ without looking up here,” he said.
Hollins, a Democrat, said the mailers are also designed to help with election management.
He said voters would simply tear off a postcard with their name and voter ID number printed on it, and a barcode that can be scanned to enter their info into the county’s records.
“No need to open envelopes,” he said. “And if you are doing hundreds and thousands of these, opening them and keying in info takes a lot of time and there’s an opportunity for error…These are much easier for our staff to process.”
Harris County’s outside counsel Susan Hays, an administrative law specialist, said Texas is showing a low regard for voters’ intelligence.
“The state is arguing somehow voters are too stupid to understand those instructions,” she said. “Even when there’s big red lettering and an order to please make sure you are eligible before you do this. That they will somehow accidentally commit fraud and they are making it very clear in this hearing they will prosecute.”
She continued, “So where is the harm to the voters coming from? It is manufactured by the attorney general’s office itself.”
Sandill said he would issue an order by 5 p.m. Friday. But he will not have the last word because both sides have vowed to appeal if they lose.
The Harris County Republican Party has also challenged Hollins’ mailing plan as unlawful. That case is before the Texas Supreme Court.


courthousenews--2020-09-10--California Appellate Court Vacates Decision in LGBT Bakery Case

( CN ) — A state appellate court on Wednesday vacated a Kern County judge ’ s final judgment in favor of a bakery owner who refused to make a wedding cake for a same-sex couple , finding he prematurely decided the case on its First Amendment merits .
In February 2018 , a state judge denied California ’ s Department of Fair Employment and Housing a preliminary injunction that would have compelled Cathy Miller , owner of Tastries Bakery in Bakersfield , to create and design wedding cakes for same-sex couples .
But the real beef stems from an @ @ @ @ @ @ @ Sept. 13 , 2018 , in which he granted Tastries ’ motion to enforce judgment in the case while allowing the department to continue its investigation into whether Miller ’ s refusal violates anti-discrimination laws .
The department contended in its appellate petition that the trial court was not empowered to determine the merits of their case on a preliminary injunction motion , asserting that Government Code Section 12974 authorized the agency to seek a temporary remedy — a preliminary injunction — to maintain the status quo until the court can decide the @ @ @ @ @ @ @ court jumped the gun before it could fully plead its case .
The California Fifth District Appellate Court agreed that the trial judge ’ s order should not be construed as a final judgment .
“ The trial court ’ s intention to treat a matter as finally decided at the preliminary injunction stage does not necessarily make it so , especially when that intention is made clear to the parties only after the adjudication of the preliminary injunction and the entry of judgment , as was the case here , ” Justice @ @ @ @ @ @ @ “ Nor does the presence of a constitutional question automatically render a matter ripe for a merits-based determination of the parties ’ rights.
” Meehan added that the constitutional questions arising from Miller ’ s refusal to bake a wedding cake for a gay couple can not be decided before the department completes its investigation .
Whether any type of wedding cake is a type of First Amendment expression “ is not a foregone legal proposition , ” she wrote , since the U.S. Supreme Court did not reach the baker Jack Phillips @ @ @ @ @ @ @ in Masterpiece Cakeshop v. Colorado Civil Rights Commission .
“ Does it matter if the situation here more closely resembles the order of a grocery store cake or is more akin to the cakes originally designed and created by Phillips , the baker in Masterpiece ?
Maybe Tastries is right , and it makes no difference at all .
But that is not the point , ” Meehan wrote .
“ The issue is that the DFEH must be permitted an opportunity to complete its investigation and fully and formally plead its claims @ @ @ @ @ @ @ to make before any merits-based decision is reached , especially on an issue where the contours of the legal analysis , and what facts are material to it , are uncertain and unsettled .
Anything short of that and the DFEH is deprived of its opportunity to be heard.
” The department filed a second lawsuit against Miller in October 2018 .
Meehan was joined by Justice M. Bruce Smith and Acting Presiding Justice Jennifer Detjen .
In an email , Miller ’ s attorney Charles LiMandri with the Freedom of Conscience Defense @ @ @ @ @ @ @ will ultimately prevail in the second round .
The case is set for trial at the end of next year .
“ There can be no reasonable dispute that Ms. Miller was asked to make a wedding cake for a same-sex couple which she declined to do based on her sincerely held religious beliefs , ” he said .
“ The cases cited by the appellate court support the fact that forcing her to bake a wedding cake under those circumstances would constitute compelled expressive speech ; such compelled speech is absolutely prohibited @ @ @ @ @ @ @ reasons , the State of California should stop violating the constitutional rights of this devout Christian woman for following the dictates of her conscience.
” The employment department did not respond to a request for comment Wednesday .
The appellate panel found the department is not entitled to attorneys ’ fees in a separate order .

A state appellate court on Wednesday vacated a Kern County judge’s final judgment in favor of a bakery owner who refused to make a wedding cake for a same-sex couple, finding he prematurely decided the case on its First Amendment merits.
(CN) — A state appellate court on Wednesday vacated a Kern County judge’s final judgment in favor of a bakery owner who refused to make a wedding cake for a same-sex couple, finding he prematurely decided the case on its First Amendment merits.
In February 2018, a state judge denied California’s Department of Fair Employment and Housing a preliminary injunction that would have compelled Cathy Miller, owner of Tastries Bakery in Bakersfield, to create and design wedding cakes for same-sex couples.
But the real beef stems from an order he issued several months later on Sept. 13, 2018, in which he granted Tastries’ motion to enforce judgment in the case while allowing the department to continue its investigation into whether Miller’s refusal violates anti-discrimination laws.
The department contended in its appellate petition that the trial court was not empowered to determine the merits of their case on a preliminary injunction motion, asserting that Government Code Section 12974 authorized the agency to seek a temporary remedy — a preliminary injunction — to maintain the status quo until the court can decide the merits.
A same-sex couple wedding cake topper. (Photo courtesy Wikipedia Commons)
The department said the trial court jumped the gun before it could fully plead its case.
The California Fifth District Appellate Court agreed that the trial judge’s order should not be construed as a final judgment.
“The trial court’s intention to treat a matter as finally decided at the preliminary injunction stage does not necessarily make it so, especially when that intention is made clear to the parties only after the adjudication of the preliminary injunction and the entry of judgment, as was the case here,” Justice Kathleen Meehan wrote for the panel. “Nor does the presence of a constitutional question automatically render a matter ripe for a merits-based determination of the parties’ rights.”
Meehan added that the constitutional questions arising from Miller’s refusal to bake a wedding cake for a gay couple cannot be decided before the department completes its investigation.
Whether any type of wedding cake is a type of First Amendment expression “is not a foregone legal proposition,” she wrote, since the U.S. Supreme Court did not reach the baker Jack Phillips’ free speech claim in its ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission.
“Does it matter if the situation here more closely resembles the order of a grocery store cake or is more akin to the cakes originally designed and created by Phillips, the baker in Masterpiece? Maybe Tastries is right, and it makes no difference at all. But that is not the point,” Meehan wrote.
“The issue is that the DFEH must be permitted an opportunity to complete its investigation and fully and formally plead its claims to support whatever legal arguments it wishes to make before any merits-based decision is reached, especially on an issue where the contours of the legal analysis, and what facts are material to it, are uncertain and unsettled. Anything short of that and the DFEH is deprived of its opportunity to be heard.”
The department filed a second lawsuit against Miller in October 2018.
Meehan was joined by Justice M. Bruce Smith and Acting Presiding Justice Jennifer Detjen.
In an email, Miller's attorney Charles LiMandri with the Freedom of Conscience Defense Fund said he’s confident Miller will ultimately prevail in the second round. The case is set for trial at the end of next year.
“There can be no reasonable dispute that Ms. Miller was asked to make a wedding cake for a same-sex couple which she declined to do based on her sincerely held religious beliefs,” he said.
“The cases cited by the appellate court support the fact that forcing her to bake a wedding cake under those circumstances would constitute compelled expressive speech; such compelled speech is absolutely prohibited by the First Amendment. For these reasons, the State of California should stop violating the constitutional rights of this devout Christian woman for following the dictates of her conscience.”
A spokesperson for the employment department said the ruling bolsters the agency's "longstanding authority to seek provisional legal relief during the course of our investigations. The merits of this case will be adjudicated as part of the lawsuit for permanent relief that remains pending before the trial court.”
The appellate panel found the department is not entitled to attorneys’ fees in a separate order.


People Analytics

SAN FRANCISCO — A federal court in California dismissed data science company hiQ ’ s antitrust claims against LinkedIn relating @ @ @ @ @ ’ s attempts to prevent hiQ from accessing public information on the site , finding @ @ @ @ @ conduct or that the “ people analytics ” market is a product market .

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.


Energy Antitrust

BOSTON — The First Circuit upheld the dismissal of a wholesale energy purchaser ’ s lawsuit against two New England @ @ @ @ @ antitrust laws by manipulating natural gas pipeline capacity .
The suit was brought after economists @ @ @ @ @ companies increased electricity prices each year by about 20 % by “ buying up and @ @ @ @ @ capacity on the Algonquin pipeline .
”


courthousenews--2020-09-10--Sex Offenders on Social Media

Sex Offenders on Social Media

BROOKLYN — New York ’ s e-STOP law and a corrections department directive that bans sex offenders from using social @ @ @ @ @ a federal court in the state ruled , enjoining the ban from applying wholesale to @ @ @ @ @ use the internet to facilitate the commission of their underlying offense .


Ballot Signatures

SAN ANTONIO — Texas ’ signature-comparison procedures for mail-in ballots are unconstitutional , a federal court in the state ruled @ @ @ @ @ of state to notify election officials that rejection of a ballot on the basis of @ @ @ @ @ unconstitutional if a voter is not first notified of the mismatch and given a chance @ @ @ @ @


Residence Restrictions

ATLANTA — The 11th Circuit upheld a ruling against two Florida sex offenders who challenged Miami-Dade County residence restrictions that @ @ @ @ @ 2,500 feet of a school .
The offenders had claimed the ordinance made them homeless @ @ @ @ @ punishment .


Abortion Obstructing Ordinance

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


Texas Ballots

SAN ANTONIO — A federal court in Texas rejected the state ’ s request to stay an injunction that ordered @ @ @ @ @ notify election officials that rejection of a mail-in ballot on the basis of a perceived @ @ @ @ @ a voter isn ’ t given a chance to correct the problem .


courthousenews--2020-09-11--Medicare Chief Accused of Using Taxpayer Money for Personal Consultants

WASHINGTON ( CN ) — The Trump administration official in charge of Medicare used taxpayer money to boost her image , a report released by congressional Democrats on Thursday claims .
Administrator of the Centers for Medicare and Medicaid Services Seema Verma reportedly spent more than $ 6 million over the course of two years on high-paid personal consultants with Republican ties .
Verma ’ s consultants , according to the investigation by House and Senate Democrats , billed taxpayers up to $ 380 per hour and were “ handpicked ” by the administrator ’ s aides .
Their work @ @ @ @ @ @ @ , arranging media appearances and upping her public persona .
The Democratic committee leaders backed up their accusations with a 56-page report and about 17,000 documents that allegedly contain suspicious billing statements .
One of these documents shows consultant Pam Stevens , billed about $ 3,000 for work related to setting up a “ Girl ’ s Night to Honor ” Verma .
Stevens , a GOP media consultant and former Trump administration official who worked in drug policy , is thought to have organized a majority of the work on building Verma @ @ @ @ @ @ @ released on Thursday are the result of a 17-month investigation into Verma ’ s “ extensive abuse ” of taxpayer funds .
According to the report , Verma and her top aides “ used consultants to build a shadow operation within CMS , through which these highly-paid consultants exercised decision-making authority over CMS employees and led communications efforts on major CMS policy initiatives and rollouts.
” The report was prepared by the staffs of House Energy and Commerce Chairman Frank Pallone Jr. of New Jersey , House Oversight and Reform Chairwoman Carolyn B.
@ @ @ @ @ @ @ Ranking Member Ron Wyden of Oregon and Senate Health , Education , Labor and Pensions Ranking Member Patty Murray from Washington .
“ As the head of CMS , Administrator Verma oversees the country ’ s largest federal health care programs—including Medicare and Medicaid—and is responsible for a $ 1 trillion annual budget .
Instead of using these funds to ensure that Americans have access to and are aware of opportunities to enroll in these programs , the Committees ’ investigation revealed that Administrator Verma wasted millions of taxpayer dollars on the use @ @ @ @ @ @ @ on Thursday .
They say the consultants include a former executive director of the Trump-Pence transition team , a consultant who is recognized for specializing in setting up profiles of Republican women and several others with experience working for GOP presidential campaigns and Republican National Conventions .
“ Congress appropriated taxpayer funds to CMS to ensure that Americans have access to and are aware of opportunities to enroll in federal health care programs , including Medicare , Medicaid , and the Affordable Care Act , ” the leaders wrote in the report , @ @ @ @ @ @ @ Administrator Verma or other senior CMS officials to use taxpayer dollars to stockpile CMS with handpicked consultants or promote Administrator Verma ’ s public profile and personal brand.
” They are urging the administrator to reimburse taxpayers for the “ inappropriate ” use of funds .
CMS could not immediately be reached for comment .

The Trump administration official in charge of Medicare used taxpayer money to boost her image, a report released by congressional Democrats on Thursday claims.
WASHINGTON (CN) — The Trump administration official in charge of Medicare used taxpayer money to boost her image, a report released by congressional Democrats on Thursday claims.
Administrator of the Centers for Medicare and Medicaid Services Seema Verma reportedly spent more than $6 million over the course of two years on high-paid personal consultants with Republican ties.
Verma’s consultants, according to the investigation by House and Senate Democrats, billed taxpayers up to $380 per hour and were “handpicked” by the administrator’s aides.
Their work mainly revolved around writing speeches for Verma, arranging media appearances and upping her public persona.
The Democratic committee leaders backed up their accusations with a 56-page report and about 17,000 documents that allegedly contain suspicious billing statements.
One of these documents shows consultant Pam Stevens, billed about $3,000 for work related to setting up a “Girl’s Night to Honor” Verma. Stevens, a GOP media consultant and former Trump administration official who worked in drug policy, is thought to have organized a majority of the work on building Verma’s personal brand.
The findings released on Thursday are the result of a 17-month investigation into Verma’s “extensive abuse” of taxpayer funds.
According to the report, Verma and her top aides “used consultants to build a shadow operation within CMS, through which these highly-paid consultants exercised decision-making authority over CMS employees and led communications efforts on major CMS policy initiatives and rollouts.”
The report was prepared by the staffs of House Energy and Commerce Chairman Frank Pallone Jr. of New Jersey, House Oversight and Reform Chairwoman Carolyn B. Maloney from New York, Senate Finance Ranking Member Ron Wyden of Oregon and Senate Health, Education, Labor and Pensions Ranking Member Patty Murray from Washington.
“As the head of CMS, Administrator Verma oversees the country’s largest federal health care programs—including Medicare and Medicaid—and is responsible for a $1 trillion annual budget. Instead of using these funds to ensure that Americans have access to and are aware of opportunities to enroll in these programs, the Committees’ investigation revealed that Administrator Verma wasted millions of taxpayer dollars on the use of these consultants,” they wrote on Thursday.
They say the consultants include a former executive director of the Trump-Pence transition team, a consultant who is recognized for specializing in setting up profiles of Republican women and several others with experience working for GOP presidential campaigns and Republican National Conventions.
“Congress appropriated taxpayer funds to CMS to ensure that Americans have access to and are aware of opportunities to enroll in federal health care programs, including Medicare, Medicaid, and the Affordable Care Act,” the leaders wrote in the report, adding “Congress did not intend for Administrator Verma or other senior CMS officials to use taxpayer dollars to stockpile CMS with handpicked consultants or promote Administrator Verma’s public profile and personal brand.”
They are urging the administrator to reimburse taxpayers for the “inappropriate” use of funds.
CMS could not immediately be reached for comment.


courthousenews--2020-09-10--Amid Wildfires, Los Angeles Registers Highest Ozone Pollution in 26 Years

LOS ANGELES ( CN ) — Over the Labor Day weekend , downtown Los Angeles recorded the highest ozone pollution in the last 26 years as multiple wildfires burn thousands of acres and force many to flee their homes .
Even more wildfires are burning across the West Coast , with an orange hue hanging over San Francisco and 12 reported dead in Oregon .
The South Coast Air Quality Management District , the agency that tracks air quality for Southern California , recorded the highest ozone or smog pollution reading since 1994 for Los Angeles over the weekend .
@ @ @ @ @ @ @ the Los Angeles Times on Thursday .
On Sunday , the hourly reading for downtown LA was 185 parts per billion , according to the agency .
Ozone is a secondary pollutant formed when precursor gases react to sunlight and can also warm the atmosphere .
Typical sources that contribute to ozone include vehicle exhaust , industrial machinery and other human activity .
High temperatures and wildfires can contribute to the jump in recorded ground-level ozone or smog levels .
Forest fires have been burning across the southern California region since late July @ @ @ @ @ @ @ San Bernardino County and the Lake Fire ignited in the Angeles National Forest in Los Angeles County on Aug. 12 .
As of Thursday , the Bobcat Fire has burned over 23,000 acres in the Angeles National Forest , north of the city of Duarte .
The El Dorado Fire has burned over 12,000 acres in nearby San Bernardino County .
Both fires started in the last few weeks .
Pyrocumulonimbus clouds , the large mushroom-looking clouds that form from wildfires , can send smoke high enough to impact the ozone layer , @ @ @ @ @ @ @ it hard for people to breathe , especially for sensitive groups .
In the Southland , AQMD and the LA County Public Health Department have issued smoke advisories due to the wildfires that are sending ash and smoke miles away from their origin points .
“ It is difficult to tell where smoke , ash or soot from a fire will go , or how winds will affect the level of these particles in the air , so we ask everyone to remember that smoke and ash can be harmful to health , @ @ @ @ @ @ @ ” said LA County Health Officer Dr. Muntu Davis .
Small particles found in wildfire smoke are the main cause of irritation in the throat and eyes , along with causing people to experience a runny nose , headache and other health symptoms , according to the county health agency .
High ozone levels can also be bolstered by extreme heat , like what LA County experienced over the Labor Day weekend .
The city of Woodland Hills reported record-breaking 121-degree weather on Sunday .
Earlier this week , California Governor Gavin Newsom @ @ @ @ @ @ @ I have no patience , I say this lovingly , not as an ideologue , but as someone who prides himself on being open to argument interested in evidence , but I quite literally have no patience for climate change deniers.
” According to the California Department of Forestry and Fire Protection , 29 major wildfires are burning across the state .
This includes six of the 20 largest wildfires in the state ’ s recorded history .

Over the Labor Day weekend, downtown Los Angeles recorded the highest ozone pollution in the last 26 years as multiple wildfires burn thousands of acres and force many to flee their homes.
LOS ANGELES (CN) — Over the Labor Day weekend, downtown Los Angeles recorded the highest ozone pollution in the last 26 years as multiple wildfires burn thousands of acres and force many to flee their homes.
Even more wildfires are burning across the West Coast, with an orange hue hanging over San Francisco and 23 reported dead across California and Oregon.
The South Coast Air Quality Management District, the agency that tracks air quality for Southern California, recorded the highest ozone or smog pollution reading since 1994 for Los Angeles over the weekend. The record-breaking data was first reported by the Los Angeles Times on Thursday.
On Sunday, the hourly reading for downtown LA was 185 parts per billion, according to the agency.
“The 8-hour average at Mission Viejo was 123 ppb, which is the highest 8-hour average ever recorded in Mission Viejo since monitoring began in 2000,” said AQMD spokesperson Bradley Whitaker. “Compton recorded an 8-hour average of 115 ppb, which is the highest value in Compton since monitoring began in 2008.”
Ozone is a secondary pollutant formed when precursor gases react to sunlight and can also warm the atmosphere. Typical sources that contribute to ozone include vehicle exhaust, industrial machinery and other human activity.
High temperatures and wildfires can contribute to the jump in recorded ground-level ozone or smog levels.
Forest fires have been burning across the southern California region since late July, starting with the Apple Fire in San Bernardino County and the Lake Fire ignited in the Angeles National Forest in Los Angeles County on Aug. 12.
As of Thursday, the Bobcat Fire has burned over 23,000 acres in the Angeles National Forest, north of the city of Duarte. The El Dorado Fire has burned over 12,000 acres in nearby San Bernardino County. Both fires started in the last few weeks.
Pyrocumulonimbus clouds, the large mushroom-looking clouds that form from wildfires, can send smoke high enough to impact the ozone layer, while elevated surface ozone levels can make it hard for people to breathe, especially for sensitive groups.
In the Southland, AQMD and the LA County Public Health Department have issued smoke advisories due to the wildfires that are sending ash and smoke miles away from their origin points.
“It is difficult to tell where smoke, ash or soot from a fire will go, or how winds will affect the level of these particles in the air, so we ask everyone to remember that smoke and ash can be harmful to health, even for people who are healthy," said LA County Health Officer Dr. Muntu Davis.
Small particles found in wildfire smoke are the main cause of irritation in the throat and eyes, along with causing people to experience a runny nose, headache and other health symptoms, according to the county health agency.
High ozone levels can also be bolstered by extreme heat, like what LA County experienced over the Labor Day weekend. The city of Woodland Hills reported record-breaking 121-degree weather on Sunday.
During the heatwave across the Southland, winds were weak and conditions were stagnant and that led to a lack of strong ventilation, according to Whitaker from AQMD. Ozone pollution has begun to subside as the temperatures have dropped.
Earlier this week, California Governor Gavin Newsom said during a wildfire briefing, “I have no patience, I say this lovingly, not as an ideologue, but as someone who prides himself on being open to argument interested in evidence, but I quite literally have no patience for climate change deniers.”
According to the California Department of Forestry and Fire Protection, 29 major wildfires are burning across the state. This includes six of the 20 largest wildfires in the state’s recorded history.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including a panel of federal judges ruled the Trump administration ’ s latest effort to exclude undocumented immigrants from the 2020 census count is unlawful ; Joe Biden continues to hold a commanding national lead against the president with registered and likely voters ; A magistrate for Europe ’ s highest court ruled against bans on the ritual slaughtering of animals without first stunning them , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top @ @ @ @ @ @ @ through Friday .
1 . )
Days after the government reported a nationwide decline in unemployment and an uptick in available jobs , the Labor Department shared bad news Thursday with its announcement that the population receiving unemployment insurance remains at a high 9 % .
2 . )
The Trump administration ’ s latest effort to exclude undocumented immigrants from the 2020 census count is unlawful , a panel of three federal judges ruled Thursday .
3 . )
New polling data shows that former Vice President Joe Biden is perceived to @ @ @ @ @ @ @ to President Donald Trump , while the former VP continues to hold a commanding national lead against the president with registered and likely voters .
4 . )
In a one-two punch Thursday , the Environmental Protection Agency was hit with two federal complaints over its large-scale plan to protect the Chesapeake Bay , America ’ s largest estuary .
5 . )
A federal judge in Tennessee issued a preliminary injunction preventing the state from requiring first-time voters to appear in person to cast their first ballot .
6 . )
We @ @ @ @ @ @ @ two fronts – in Manhattan , where its founder is facing a federal indictment , and in South Texas , where engineers say the Rio Grande is washing out the foundation of 3 miles of border wall it financed .
7 . )
World Health Organization experts pleaded for patience Thursday in a news briefing from Geneva only days after a patient injected with a promising antidote fell ill , grinding one large-scale trial to a halt .
8 . )
In a legal test case pitting animal rights advocates and far-right politicians @ @ @ @ @ @ @ to protect halal and kosher meats , a magistrate for Europe ’ s highest court on Thursday said bans on the ritual slaughtering of animals without first stunning them are unlawful .

Top eight CNS stories for today including a panel of federal judges ruled the Trump administration’s latest effort to exclude undocumented immigrants from the 2020 census count is unlawful; Joe Biden continues to hold a commanding national lead against the president with registered and likely voters; A magistrate for Europe’s highest court ruled against bans on the ritual slaughtering of animals without first stunning them, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including a panel of federal judges ruled the Trump administration’s latest effort to exclude undocumented immigrants from the 2020 census count is unlawful; Joe Biden continues to hold a commanding national lead against the president with registered and likely voters; A magistrate for Europe’s highest court ruled against bans on the ritual slaughtering of animals without first stunning them, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Days after the government reported a nationwide decline in unemployment and an uptick in available jobs, the Labor Department shared bad news Thursday with its announcement that the population receiving unemployment insurance remains at a high 9%.
One stop operator Vickie Gregorio with the Heartland Workforce Solutions updates a white board outside the workforce office in Omaha, Neb., Wednesday, July 15, 2020, as those seeking employment await their turn outside. Nebraska reinstated job search requirements this week for most people claiming jobless benefits. Those unemployment insurance requirements were suspended in mid-March to help employees who had lost their jobs due to the Covid-19 coronavirus. (AP Photo/Nati Harnik)
2.) The Trump administration’s latest effort to exclude undocumented immigrants from the 2020 census count is unlawful, a panel of three federal judges ruled Thursday.
Amid concerns of the spread of COVID-19, census worker Jennifer Pope wears a mask and sits by ready to help at a U.S. Census walk-up counting site set up for Hunt County in Greenville, Texas, Friday, July 31, 2020. (AP Photo/LM Otero)
3.) New polling data shows that former Vice President Joe Biden is perceived to have more respect for American troops compared to President Donald Trump, while the former VP continues to hold a commanding national lead against the president with registered and likely voters.
Democratic presidential candidate former Vice President Joe Biden raises his arm with his running mate Sen. Kamala Harris, D-Calif., during the fourth day of the Democratic National Convention, Thursday, Aug. 20, 2020, at the Chase Center in Wilmington, Del. Jill Biden is at left. (AP Photo/Andrew Harnik)
4.) In a one-two punch Thursday, the Environmental Protection Agency was hit with two federal complaints over its large-scale plan to protect the Chesapeake Bay, America’s largest estuary.
Maryland’s Chesapeake Bay is the crown jewel of the Eastern Shore and, beyond being an important natural ecosystem, a major economic driver for businesses large and small and in the tristate area. (Courthouse News photo/Brandi Buchman)
Regional
5.) A federal judge in Tennessee issued a preliminary injunction preventing the state from requiring first-time voters to appear in person to cast their first ballot.
FILE - In this July 21, 2015, file photo, Carolyn Yazzie fills in her ballot at the Shiprock Chapter House in Shiprock, N.M., during the Navajo Nation's referendum election. Native American voting rights advocates are cautioning against states moving to mail-in ballots without opportunities for tribal members to vote safely in person. The Native American Rights Fund released a wide-ranging report on voting rights Thursday, June 4, 2020. In it, the group outlined the challenges that could arise as states move to rely more heavily on mail-in ballots. (Jon Austria/The Daily Times via AP, File)
6.) We Build the Wall is breaking down on two fronts – in Manhattan, where its founder is facing a federal indictment, and in South Texas, where engineers say the Rio Grande is washing out the foundation of 3 miles of border wall it financed.
Brian Kolfage, founder of We Build the Wall Inc., speaks at a May 30, 2019, news conference in Sunland Park, N.M., where a privately funded wall is being constructed. Kolfage and former White House adviser Steve Bannon were arrested Aug. 20, 2020, on charges that they and two others ripped off donors to the online fundraising scheme. (Mark Lambie/The El Paso Times via AP, File)
International
7.) World Health Organization experts pleaded for patience Thursday in a news briefing from Geneva only days after a patient injected with a promising antidote fell ill, grinding one large-scale trial to a halt.
A woman wearing a protective face makes her way home with bagfuls of aid, in San Jose Calderas, Guatemala, Wednesday, Sept. 9, 2020, amid the new coronavirus pandemic. The government’s migrant support agency Conamigua, delivered bags of food and household items to the community of people who have been deported from the United States affected by COVID-19. (AP Photo/Moises Castillo)
8.) In a legal test case pitting animal rights advocates and far-right politicians against Muslim and Jewish religious leaders seeking to protect halal and kosher meats, a magistrate for Europe’s highest court on Thursday said bans on the ritual slaughtering of animals without first stunning them are unlawful.


Restaurant Attack

LITTLE ROCK , Ark .
— Two Black Arkansas residents claim they were “ viciously physically attacked ” by a @ @ @ @ @ in Little Rock after managers refused to remove a group of patrons who were violating @ @ @ @


courthousenews--2020-09-10--Texas State Bar Defies Attorney General on Anti-Bias Rule

AUSTIN , Texas ( CN ) — The State Bar of Texas refused Thursday to kill consideration of an anti-bias rule by the American Bar Association , ignoring repeated warnings by Republican Attorney General Ken Paxton that the rule is vague and infringes attorneys ’ free speech and religious rights .
The State Bar ’ s board of directors approved referring the Model Rule 8.4 ( g ) to an internal committee for further review after seven hours of public debate and closed session discussions during a virtual meeting on Zoom during the Covid-19 pandemic .
The rule deems it @ @ @ @ @ @ @ engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of … sexual orientation , gender identity , marital status , or socioeconomic status in conduct ” relating to practicing law .
The board ’ s decision comes one day after Paxton urged it to kill further consideration , arguing the rule “ extends far beyond the context of a judicial proceeding ” to restrict speech “ in any instance ” regarding practicing law .
“ The broad nature of the rule could apply to @ @ @ @ @ @ @ continuing legal education panel discussion , authoring a law review article , or informal conversations at a bar association event , among other things , ” Paxton stated .
“ In other words , Model Rule 8.4 ( g ) will suppress thoughtful and complete exchanges about complex issues.
” Paxton said adoption of the anti-bias rule is not necessary , arguing the Texas Disciplinary Rules of Professional Conduct already address discrimination issues “ through narrower language that provides better clarification ” about the described conduct .
Paxton also cited a nonbinding advisory @ @ @ @ @ @ @ rule .
Josh Blackman , a constitutional law professor at South Texas College of Law Houston , also urged the board to not adopt the model rule and “ rubber stamp ” an ABA proposal that he says burdens free speech .
“ I appreciate the bar ’ s desire to promote racial and other types of equality , but moving forward with 8.4 ( g ) would fail to achieve those goals , ” he said Thursday .
“ It would be challenged immediately in court .
I suspect the same plaintiffs @ @ @ @ @ @ @ up for an encore suit .
And the Texas attorney general , who ruled the proposal unconstitutional , has hinted he will file suit as well.
” Blackman said the rule ’ s validity would “ remain in doubt for years ” if a single trial court enters a preliminary injunction blocking it .
He urged the board to instead write a more narrowly tailored rule that directly addresses “ specific problems attorneys face ” practicing law in Texas .
Russell Parish , with Parish & Wright in Austin , said changes to @ @ @ @ @ @ @ “ current political anger ” and that it would make it a violation for Christian attorneys to share their faith .
“ Candidly , the new proposal is only a model of left-wing political wokeness and P.C .
virtue signaling as has been shown here today , ” Parish said .
“ I believe you all should not be taking up anti-Christian , anti-free speech restrictions on lawyers … The rule talks about ‘ gender identity , ’ which in reality is something only God decides.
” Melissa Thrailkill , a family law @ @ @ @ @ @ @ we have some bad legal analysis going on here ” among those speaking in opposition to the model rule .
“ The rule clearly says you can represent whoever you want , ” she said .
“ I would also recommend not taking any advice from Attorney General Ken Paxton , he should actually be disbarred.
” Paxton was charged in 2015 with a third-degree felony count of failing to register with the Texas Securities Board and two-first degree felony counts of securities fraud .
Five years later , he is still awaiting @ @ @ @ @ @ @ years in state prison if convicted .
Several of the speakers spoke in favor of a separate motion to strip State Bar President Larry McDougal of his spokesman powers over controversial statements he made online .
A now-deleted blog post from July argued that the wearing of a Black Lives Matter shirt by a worker at a polling place constitutes illegal electioneering .
In another blog post from 2015 , McDougal allegedly posted that Black Lives Matter “ is a terrorist group ” because it has “ publicly called for the death of @ @ @ @ @ @ @ Americans.
” McDougal is also accused of posting an image on social media of police pinning a person to the ground by the face with the caption “ Justice .
It usually happens before the trial.
” The uproar that ensued forced McDougal to issue a public apology on July 11 .
“ I understand my comments , though not how I intended them , have been hurtful to many members of our bar , ” he said at the time .
“ That was not my intention , at the least .
@ @ @ @ @ @ @ .
These comments were mine and mine alone.
” Attorney Bob Bennett spoke in support of McDougal , saying the bar president is “ not a racist ” and that he is unable “ to fix every wrong in society ” today .
“ I understand what you are saying , I understand the pain that you feel , I understand the emotion that is attached to it , ” Bennett said .
“ But to go back eight and longer years and to go through someone ’ s emails when he was @ @ @ @ @ @ @ on freedom of expression.
” Attorney Tamika Harris blasted the board for its inaction against McDougal , saying it makes non-white attorneys “ feel like we do not belong in the State Bar , that we are not valued as attorneys.
” “ Nothing less than the removal of MacDougal is just or acceptable , ” she said .
“ Four-hundred years ago , my people were brought here in chains without a choice .
Now as a lawyer , I am sitting without a choice to be a member of the bar @ @ @ @ @ @ @ wish me to be a member , who does not wish to include me and who does not wish to uphold the integrity of the profession.
” When closed session ended , State Bar Director Alistair Dawson “ reluctantly ” withdrew his motion against McDougal .
He cited unwanted “ collateral damage ” in the likelihood that McDougal sues the bar if the motion passed .
“ I do not believe President McDougal should be the spokesman for the bar , ” Dawson said .
“ He has exercised extraordinarily bad judgment on @ @ @ @ @ @ @ – no judgment whatsoever.
” Dawson then introduced a motion establishing a code of conduct for State Bar executives and directors , which the board passed on a roll-call vote .
Dawson explained that a similar code of conduct is in place for Continuing Legal Education classes in Texas .

The State Bar of Texas refused Thursday to kill consideration of an anti-bias rule by the American Bar Association, ignoring repeated warnings by Republican Attorney General Ken Paxton that the rule is vague and infringes attorneys’ free speech and religious rights.
AUSTIN, Texas (CN) — The State Bar of Texas refused Thursday to kill consideration of an anti-bias rule by the American Bar Association, ignoring repeated warnings by Republican Attorney General Ken Paxton that the rule is vague and infringes attorneys’ free speech and religious rights.
The State Bar’s board of directors approved referring the Model Rule 8.4(g) to an internal committee for further review after seven hours of public debate and closed session discussions during a virtual meeting on Zoom during the Covid-19 pandemic.
The rule deems it professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of … sexual orientation, gender identity, marital status, or socioeconomic status in conduct” relating to practicing law.
The board’s decision comes one day after Paxton urged it to kill further consideration, arguing the rule “extends far beyond the context of a judicial proceeding” to restrict speech “in any instance” regarding practicing law.
“The broad nature of the rule could apply to an attorney’s participation in a continuing legal education panel discussion, authoring a law review article, or informal conversations at a bar association event, among other things,” Paxton stated. “In other words, Model Rule 8.4(g) will suppress thoughtful and complete exchanges about complex issues.”
Paxton said adoption of the anti-bias rule is not necessary, arguing the Texas Disciplinary Rules of Professional Conduct already address discrimination issues “through narrower language that provides better clarification” about the described conduct. Paxton also cited a nonbinding advisory opinion he issued in 2016 against the rule.
Josh Blackman, a constitutional law professor at South Texas College of Law Houston, also urged the board to not adopt the model rule and “rubber stamp” an ABA proposal that he says burdens free speech.
“I appreciate the bar’s desire to promote racial and other types of equality, but moving forward with 8.4(g) would fail to achieve those goals,” he said Thursday. “It would be challenged immediately in court. I suspect the same plaintiffs who challenged the integrated bar will line up for an encore suit. And the Texas attorney general, who ruled the proposal unconstitutional, has hinted he will file suit as well.”
Blackman said the rule’s validity would “remain in doubt for years” if a single trial court enters a preliminary injunction blocking it. He urged the board to instead write a more narrowly tailored rule that directly addresses “specific problems attorneys face” practicing law in Texas.
Russell Parish, with Parish & Wright in Austin, said changes to the current rules are not justified by “current political anger” and that it would make it a violation for Christian attorneys to share their faith.
“Candidly, the new proposal is only a model of left-wing political wokeness and P.C. virtue signaling as has been shown here today,” Parish said. “I believe you all should not be taking up anti-Christian, anti-free speech restrictions on lawyers … The rule talks about ‘gender identity,’ which in reality is something only God decides.”
Melissa Thrailkill, a family law attorney in Dallas, bluntly said “we have some bad legal analysis going on here” among those speaking in opposition to the model rule.
“The rule clearly says you can represent whoever you want,” she said. “I would also recommend not taking any advice from Attorney General Ken Paxton, he should actually be disbarred.”
Paxton was charged in 2015 with a third-degree felony count of failing to register with the Texas Securities Board and two-first degree felony counts of securities fraud. Five years later, he is still awaiting trial. He faces up to 99 years in state prison if convicted.
Several of the speakers spoke in favor of a separate motion to strip State Bar President Larry McDougal of his spokesman powers over controversial statements he made online. A now-deleted blog post from July argued that the wearing of a Black Lives Matter shirt by a worker at a polling place constitutes illegal electioneering.
In another blog post from 2015, McDougal allegedly posted that Black Lives Matter “is a terrorist group” because it has “publicly called for the death of just not police officers but also white Americans.”
McDougal is also accused of posting an image on social media of police pinning a person to the ground by the face with the caption “Justice. It usually happens before the trial.”
The uproar that ensued forced McDougal to issue a public apology on July 11.
“I understand my comments, though not how I intended them, have been hurtful to many members of our bar,” he said at the time. “That was not my intention, at the least. For that, I am truly sorry. These comments were mine and mine alone.”
Attorney Bob Bennett spoke in support of McDougal, saying the bar president is “not a racist” and that he is unable “to fix every wrong in society” today.
“I understand what you are saying, I understand the pain that you feel, I understand the emotion that is attached to it,” Bennett said. “But to go back eight and longer years and to go through someone’s emails when he was not president certainly infringes on the right on freedom of expression.”
Attorney Tamika Harris blasted the board for its inaction against McDougal, saying it makes non-white attorneys “feel like we do not belong in the State Bar, that we are not valued as attorneys.”
“Nothing less than the removal of MacDougal is just or acceptable,” she said. “Four-hundred years ago, my people were brought here in chains without a choice. Now as a lawyer, I am sitting without a choice to be a member of the bar [with someone] who does not wish me to be a member, who does not wish to include me and who does not wish to uphold the integrity of the profession.”
When closed session ended, State Bar Director Alistair Dawson “reluctantly” withdrew his motion against McDougal. He cited unwanted “collateral damage” in the likelihood that McDougal sues the bar if the motion passed.
“I do not believe President McDougal should be the spokesman for the bar,” Dawson said. “He has exercised extraordinarily bad judgment on several occasions and – in some cases – no judgment whatsoever.”
Dawson then introduced a motion establishing a code of conduct for State Bar executives and directors, which the board passed on a roll-call vote. Dawson explained that a similar code of conduct is in place for Continuing Legal Education classes in Texas.


courthousenews--2020-09-10--California Courts Covid Update

California Courts Covid Update

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