courthousenews--2020-08-16--House Dems Summon Postal Leaders to Hearing on Mail Delays

BEDMINSTER , N.J. ( AP ) — The Democratic-run House on Sunday demanded that leaders of the U.S .
Postal Service testify at an emergency oversight hearing Aug. 24 on mail delays as concerns grow that the Trump White House is trying to undermine the agency during the coronavirus pandemic while states expand mail-in voting options for the November presidential election .
The House Oversight and Reform Committee said it wants to hear from new Postmaster General Louis DeJoy and from the chair of the Postal Service board of governors , Robert “ Mike ” Duncan .
With heightened scrutiny @ @ @ @ @ @ @ now requesting a temporary preelection rate increase , from mid-October through Christmas , although not for first-class letters .
The agency did not immediately respond to requests for comment about whether the two men would appear before the House committee .
But it said Sunday it would stop removing its distinctive blue mailboxes through mid-November following complaints from customers and members of Congress that the collection boxes were being taken away .
“ Given the recent customer concerns the Postal Service will postpone removing boxes for a period of 90 days while we @ @ @ @ @ @ @ said Postal Service spokeswoman Kimberly Frum .
The announcement comes as pressure increases on DeJoy , a major Republican donor and ally of the president who took control of the agency in June .
DeJoy has pledged to modernize the money-losing agency to make it more efficient , and has eliminated most overtime for postal workers , imposed restrictions on transportation and reduced of the quantity and use of mail-processing equipment .
“ The postmaster general and top Postal Service leadership must answer to the Congress and the American people as to why @ @ @ @ @ @ @ that threaten to silence the voices of millions , just months before the election , ” congressional Democrats said in a statement announcing the hearing .
The lawmakers included House Speaker Nancy Pelosi of California and New York Rep. Carolyn Maloney , the committee chair , along with Senate Minority Leader Chuck Schumer of New York and Michigan Sen. Gary Peters , the top Democrat on the Senate Homeland Security and Governmental Affairs Committee , which oversees the Postal Service .
Trump said last week that he was blocking a $ 25 billion @ @ @ @ @ @ @ , as well as a Democratic proposal to provide $ 3.6 billion in additional election money to the states .
The Republican president worries that mail-in voting could cost him reelection .
The money for the post office is intended to help with processing an expected surge of mail-in ballots .
Both funding requests have been tied up in congressional negotiations over a new coronavirus relief package .
On Saturday , Trump tried to massage his message , saying he supports increasing money for the Postal Service .
He said he was refusing @ @ @ @ @ @ @ of the relief package , including funding for states weighed down by debt accumulated before the pandemic .
But the president ’ s critics were not appeased , contending that Trump has made the calculation that a lower voter turnout would improve his chances of winning a second term .
“ What you are witnessing is a president of the United States who is doing everything he can to suppress the vote , make it harder for people to engage in mail-in balloting at a time when people will be putting their lives @ @ @ @ @ @ @ out to a polling station and vote , ” said Sen. Bernie Sanders , I-Vt .
Earlier this month , Maloney ’ s committee had invited DeJoy to appear Sept. 17 at a hearing focusing on operational changes to the Postal Service that are causing delays in mail deliveries .
But after Trump acknowledged in a Fox Business interview on Thursday that he ’ s starving the agency of money to make it harder to process an expected surge of mail-in ballots , the committee decided to move up their call for the @ @ @ @ @ @ @ governing board chair .
Funding a cash-strapped Postal Service has quickly turned into a top campaign issue as Trump presses his unsupported claim that increased mail-in voting will undermine the credibility of the election and Democrats push back .
Trump , who spent the weekend at his New Jersey golf club , derided universal mail-in voting as a “ scam ” and defended DeJoy as the right person to “ streamline the post office and make it great again.
” “ Louis he is working very hard , ” Trump said at a @ @ @ @ @ @ @ you know , the Democrats aren ’ t approving proper funding for postal , and they ’ re not approving the proper funding for this ridiculous thing they want to do which is all mail-in voting.
” His chief of staff tried on Sunday to counter criticism that Trump was trying to stifle turnout with national and battleground state polls showing him facing a difficult path to reelection against Democrat Joe Biden .
“ I ’ ll give you that guarantee right now : The president of the United States is not going @ @ @ @ @ @ @ in a legitimate way , whether it ’ s the post office or anything else , ” Mark Meadows said .
But Democrats said changes made by DeJoy constitute “ a grave threat to the integrity of the election and to our very democracy.
” They asserted that DeJoy “ has acted as an accomplice in the president ’ s campaign to cheat in the election , as he launches sweeping new operational changes that degrade delivery standards and delay the mail.
” The agency in the meantime is now seeking a short-term @ @ @ @ @ @ @ notice filed Friday with the Postal Regulatory Commission .
The reasons : increased expenses , heightened demand for online packages due to the coronavirus pandemic and an expected increase in holiday mail volume .
The plan would raise prices on commercial domestic competitive parcels , including Priority Mail Express , Priority Mail , first-class package Service , Parcel Select and Parcel Return Service .
No change is expected for first-class letters .
Most of the proposed increases would be less than 10 % .
They range from 24 cents for Parcel Select Service @ @ @ @ @ @ @ to a $ 1.50 increase for Priority Mail Express Commercial , which starts at $ 22.75 .
The regulatory commission is expected to decide on the proposals next month .
The Postal Service is the country ’ s most popular government agency with 91 % of Americans having a favorable opinion of the service , according to a Pew Research Center Survey published in April .
“ What concerns me is an all-out attack — they ’ re not even hiding it — by the president of the United States to undermine the @ @ @ @ @ @ @ it , to allow a mega-donor leading it to overtly do things to slow down the mail , ” said Sen. Cory Booker , D-N.J. Sanders was on NBC ’ s “ Meet the Press , ” while Meadows and Booker appeared on CNN ’ s “ State of the Union.
” By AAMER MADHANI and MATTHEW DALY Associated Press

The Democratic-run House on Sunday demanded that leaders of the U.S. Postal Service testify at an emergency oversight hearing Aug. 24 on mail delays as concerns grow that the Trump White House is trying to undermine the agency during the coronavirus pandemic while states expand mail-in voting options for the November presidential election.
BEDMINSTER, N.J. (AP) — The Democratic-run House on Sunday demanded that leaders of the U.S. Postal Service testify at an emergency oversight hearing Aug. 24 on mail delays as concerns grow that the Trump White House is trying to undermine the agency during the coronavirus pandemic while states expand mail-in voting options for the November presidential election.
The House Oversight and Reform Committee said it wants to hear from new Postmaster General Louis DeJoy and from the chair of the Postal Service board of governors, Robert "Mike" Duncan. With heightened scrutiny of its operations, the agency is now requesting a temporary preelection rate increase, from mid-October through Christmas, although not for first-class letters.
The agency did not immediately respond to requests for comment about whether the two men would appear before the House committee. But it said Sunday it would stop removing its distinctive blue mailboxes through mid-November following complaints from customers and members of Congress that the collection boxes were being taken away.
"Given the recent customer concerns the Postal Service will postpone removing boxes for a period of 90 days while we evaluate our customers' concerns,'' said Postal Service spokeswoman Kimberly Frum.
The announcement comes as pressure increases on DeJoy, a major Republican donor and ally of the president who took control of the agency in June. DeJoy has pledged to modernize the money-losing agency to make it more efficient, and has eliminated most overtime for postal workers, imposed restrictions on transportation and reduced of the quantity and use of mail-processing equipment.
"The postmaster general and top Postal Service leadership must answer to the Congress and the American people as to why they are pushing these dangerous new policies that threaten to silence the voices of millions, just months before the election," congressional Democrats said in a statement announcing the hearing.
The lawmakers included House Speaker Nancy Pelosi of California and New York Rep. Carolyn Maloney, the committee chair, along with Senate Minority Leader Chuck Schumer of New York and Michigan Sen. Gary Peters, the top Democrat on the Senate Homeland Security and Governmental Affairs Committee, which oversees the Postal Service.
Trump said last week that he was blocking a $25 billion emergency injection sought by the Postal Service, as well as a Democratic proposal to provide $3.6 billion in additional election money to the states. The Republican president worries that mail-in voting could cost him reelection. The money for the post office is intended to help with processing an expected surge of mail-in ballots. Both funding requests have been tied up in congressional negotiations over a new coronavirus relief package.
On Saturday, Trump tried to massage his message, saying he supports increasing money for the Postal Service. He said he was refusing to capitulate to Democrats on other parts of the relief package, including funding for states weighed down by debt accumulated before the pandemic.
But the president's critics were not appeased, contending that Trump has made the calculation that a lower voter turnout would improve his chances of winning a second term.
"What you are witnessing is a president of the United States who is doing everything he can to suppress the vote, make it harder for people to engage in mail-in balloting at a time when people will be putting their lives on the line by having to go out to a polling station and vote," said Sen. Bernie Sanders, I-Vt.
Earlier this month, Maloney's committee had invited DeJoy to appear Sept. 17 at a hearing focusing on operational changes to the Postal Service that are causing delays in mail deliveries.
But after Trump acknowledged in a Fox Business interview on Thursday that he's starving the agency of money to make it harder to process an expected surge of mail-in ballots, the committee decided to move up their call for the appearance of DeJoy' well as the governing board chair.
Funding a cash-strapped Postal Service has quickly turned into a top campaign issue as Trump presses his unsupported claim that increased mail-in voting will undermine the credibility of the election and Democrats push back.
Trump, who spent the weekend at his New Jersey golf club, derided universal mail-in voting as a "scam" and defended DeJoy as the right person to "streamline the post office and make it great again."
"Louis he is working very hard," Trump said at a news conference Saturday. "But as you know, the Democrats aren't approving proper funding for postal, and they're not approving the proper funding for this ridiculous thing they want to do which is all mail-in voting."
His chief of staff tried on Sunday to counter criticism that Trump was trying to stifle turnout with national and battleground state polls showing him facing a difficult path to reelection against Democrat Joe Biden.
"I'll give you that guarantee right now: The president of the United States is not going to interfere with anybody casting their vote in a legitimate way, whether it's the post office or anything else," Mark Meadows said.
But Democrats said changes made by DeJoy constitute "a grave threat to the integrity of the election and to our very democracy." They asserted that DeJoy "has acted as an accomplice in the president's campaign to cheat in the election, as he launches sweeping new operational changes that degrade delivery standards and delay the mail."
The agency in the meantime is now seeking a short-term end-of-the-year rate increase, according to a notice filed Friday with the Postal Regulatory Commission. The reasons: increased expenses, heightened demand for online packages due to the coronavirus pandemic and an expected increase in holiday mail volume.
The plan would raise prices on commercial domestic competitive parcels, including Priority Mail Express, Priority Mail, first-class package Service, Parcel Select and Parcel Return Service. No change is expected for first-class letters.
Most of the proposed increases would be less than 10%. They range from 24 cents for Parcel Select Service, which starts at $3.05, to a $1.50 increase for Priority Mail Express Commercial, which starts at $22.75. The regulatory commission is expected to decide on the proposals next month.
The Postal Service is the country's most popular government agency with 91% of Americans having a favorable opinion of the service, according to a Pew Research Center Survey published in April.
"What concerns me is an all-out attack -- they're not even hiding it -- by the president of the United States to undermine the United States Postal Service, to underfund it, to allow a mega-donor leading it to overtly do things to slow down the mail," said Sen. Cory Booker, D-N.J.
Sanders was on NBC's "Meet the Press,'' while Meadows and Booker appeared on CNN's "State of the Union."
By AAMER MADHANI and MATTHEW DALY Associated Press


courthousenews--2020-08-16--Leader of Belarus Rejects Calls to Rerun Presidential Vote

MINSK , Belarus ( AP ) — The embattled president of Belarus on Sunday rejected any possibility of repeating the vote that gave him a sixth term , lashing out at the West and declaring that his country would “ perish as a state ” if the election were rerun .
Alexander Lukashenko spoke at a rally of tens of thousands of supporters near the main government building in the capital of Minsk .
Protesters demanding his resignation organized a nearby opposition rally , which attracted a crowd that appeared to swell beyond 100,000 .
It was the ninth straight @ @ @ @ @ @ @ ruled with an iron fist since 1994 , repressing opposition figures and independent news media .
But this year , protesters fed up with the country ’ s declining living standards and Lukashenko ’ s dismissal of the coronavirus pandemic have posed the biggest challenge to his 26-year rule .
The 65-year-old president claimed Sunday that Western powers were gathering military units in countries along Belarus ’ western borders and denounced suggestions by some Western nations that Belarus should repeat the Aug. 9 presidential vote , which opposition supporters say gave Lukashenko a @ @ @ @ @ @ @ results say he received 80 % of the vote .
“ If we follow their lead ( and rerun the election ) , we will perish as a state , ” Lukashenko declared , a day after saying he and Russian President Vladimir Putin had agreed that Russia would send unspecified security assistance to the former Soviet republic if Lukashenko asked for it .
In previous months , Lukashenko had warned that Putin wanted to take over Belarus , a nation of 9.5 million people in Eastern Europe that has a long border @ @ @ @ @ @ @ dismissed the president ’ s claim , tweeting that there is no NATO buildup in the region .
“ NATO ’ s multinational presence in the eastern part of the Alliance is not a threat to any country , ” Lungescu said .
“ It ’ s strictly defensive , proportionate & designed to prevent conflict & preserve peace.
” The Collective Treaty Security Organization , a military alliance of six former Soviet states including Belarus , said Sunday it would make a decision about providing assistance if Belarus requested it .
Thousands @ @ @ @ @ @ @ , which police tried to put down with clubs , rubber bullets and flash grenades .
When many detainees were later released , they showed extensive bruises they said were due to police beatings .
Some protesters carried pictures of loved ones they said had been beaten so badly that they could not attend .
As Lukashenko ’ s supporters waited for his appearance Sunday , many chanted his nickname of “ Batka , ” or “ father.
” They also chanted “ Maidan won ’ t take place , ” referring to @ @ @ @ @ @ @ 2013 and 2014 that drove then-President Viktor Yanukovych to flee the country .
Shortly after Yanukovych ’ s departure , Putin then moved to annex the entire Crimea Peninsula from Ukraine , claiming a huge swath of its Black Sea coast for Russia .
“ Now everybody is against Lukashenko , and the president needs our support .
Everybody suddenly has forgotten the good things he has done — there ’ s order in the country , we don ’ t have war or hunger , ” said supporter Tamara Yurshevich , a @ @ @ @ @ @ @ throngs of opponents converged on a park about 2.5 kilometers ( 1.5 miles away ) .
In the late afternoon , they streamed into the square vacated by Lukashenko supporters .
In contrast to the first days of protest when large contingents of police and special forces were deployed against protesters , police appeared to be all but absent when the opposition supporters entered the square .
Protesters were thrilled by the turnout Sunday , and many felt they had momentum .
“ The result of the election is on the streets and @ @ @ @ @ @ @ s a sea of people who will never agree to live as before with Lukashenko , ” said Feliks Zharikov , an engineer who came with his wife and son .
“ Suddenly , the mood in society changed and everyone suddenly understood that Lukashenko lost , ” said Anna Trushevich , a university biology instructor .
European Union foreign ministers have rejected the election results and on Friday began drawing up a list of officials in Belarus who could face sanctions .
If Lukashenko were to resume a harsh crackdown , the @ @ @ @ @ @ @ stronger .
But calling on Russia for military help is also perilous .
Although Russia and Belarus agreed in 1997 to a close union , Lukashenko frequently claims that his giant neighbor aims to absorb Belarus entirely .
In the run-up to the election , Belarus arrested 33 Russian private military contractors whom it claimed had been sent int to destabilize the country .
On Sunday , a video circulated on YouTube that purported to show Belarus ’ ambassador to Slovakia , Igor Leshchenya , expressing “ solidarity with those who came out @ @ @ @ @ @ @ peaceful marches so that their voice could be heard.
” The embassy could not be reached for comment , but Slovakia Foreign Minister Ivan Korcok indicated the video was legitimate .
It would be the first indication of dissent at a high level of government .
“ We have noted the strong statement of the # Belarusian Ambassador to Slovakia .
It confirms our assessment of current situation in # Belarus .
This is a clear signal from a senior Belarusian diplomat who courageously supports his fellow citizens , ” he said on @ @

The embattled president of Belarus on Sunday rejected any possibility of repeating the vote that gave him a sixth term, lashing out at the West and declaring that his country would "perish as a state" if the election were rerun.
MINSK, Belarus (AP) — The embattled president of Belarus on Sunday rejected any possibility of repeating the vote that gave him a sixth term, lashing out at the West and declaring that his country would "perish as a state" if the election were rerun.
Alexander Lukashenko spoke at a rally of tens of thousands of supporters near the main government building in the capital of Minsk. Protesters demanding his resignation organized a nearby opposition rally, which attracted a crowd that appeared to swell beyond 100,000. It was the ninth straight day of anti-government demonstrations.
Lukashenko has ruled with an iron fist since 1994, repressing opposition figures and independent news media. But this year, protesters fed up with the country's declining living standards and Lukashenko's dismissal of the coronavirus pandemic have posed the biggest challenge to his 26-year rule.
The 65-year-old president claimed Sunday that Western powers were gathering military units in countries along Belarus' western borders and denounced suggestions by some Western nations that Belarus should repeat the Aug. 9 presidential vote, which opposition supporters say gave Lukashenko a victory only through massive fraud. Official results say he received 80% of the vote.
"If we follow their lead (and rerun the election), we will perish as a state," Lukashenko declared, a day after saying he and Russian President Vladimir Putin had agreed that Russia would send unspecified security assistance to the former Soviet republic if Lukashenko asked for it.
In previous months, Lukashenko had warned that Putin wanted to take over Belarus, a nation of 9.5 million people in Eastern Europe that has a long border with Russia.
NATO spokeswoman Oana Lungescu dismissed the president's claim, tweeting that there is no NATO buildup in the region.
"NATO's multinational presence in the eastern part of the Alliance is not a threat to any country," Lungescu said. "It's strictly defensive, proportionate & designed to prevent conflict & preserve peace."
The Collective Treaty Security Organization, a military alliance of six former Soviet states including Belarus, said Sunday it would make a decision about providing assistance if Belarus requested it.
Thousands have been arrested at the post-election protests, which police tried to put down with clubs, rubber bullets and flash grenades. When many detainees were later released, they showed extensive bruises they said were due to police beatings. Some protesters carried pictures of loved ones they said had been beaten so badly that they could not attend.
As Lukashenko's supporters waited for his appearance Sunday, many chanted his nickname of "Batka," or "father."
They also chanted "Maidan won't take place," referring to the months of protests in Ukraine in 2013 and 2014 that drove then-President Viktor Yanukovych to flee the country. Shortly after Yanukovych's departure, Putin then moved to annex the entire Crimea Peninsula from Ukraine, claiming a huge swath of its Black Sea coast for Russia.
"Now everybody is against Lukashenko, and the president needs our support. Everybody suddenly has forgotten the good things he has done — there's order in the country, we don't have war or hunger," said supporter Tamara Yurshevich, a 35-year-old lawyer.
As Lukashenko spoke, throngs of opponents converged on a park about 2.5 kilometers (1.5 miles away). In the late afternoon, they streamed into the square vacated by Lukashenko supporters.
In contrast to the first days of protest when large contingents of police and special forces were deployed against protesters, police appeared to be all but absent when the opposition supporters entered the square.
Protesters were thrilled by the turnout Sunday, and many felt they had momentum.
"The result of the election is on the streets and squares of Belarus today — it's a sea of people who will never agree to live as before with Lukashenko," said Feliks Zharikov, an engineer who came with his wife and son.
"Suddenly, the mood in society changed and everyone suddenly understood that Lukashenko lost," said Anna Trushevich, a university biology instructor.
European Union foreign ministers have rejected the election results and on Friday began drawing up a list of officials in Belarus who could face sanctions. If Lukashenko were to resume a harsh crackdown, the response from the West could be even stronger.
But calling on Russia for military help is also perilous. Although Russia and Belarus agreed in 1997 to a close union, Lukashenko frequently claims that his giant neighbor aims to absorb Belarus entirely. In the run-up to the election, Belarus arrested 33 Russian private military contractors whom it claimed had been sent int to destabilize the country.
On Sunday, a video circulated on YouTube that purported to show Belarus' ambassador to Slovakia, Igor Leshchenya, expressing "solidarity with those who came out on the streets of Belarusian cities with peaceful marches so that their voice could be heard."
The embassy could not be reached for comment, but Slovakia Foreign Minister Ivan Korcok indicated the video was legitimate. It would be the first indication of dissent at a high level of government.
"We have noted the strong statement of the #Belarusian Ambassador to Slovakia. It confirms our assessment of current situation in #Belarus. This is a clear signal from a senior Belarusian diplomat who courageously supports his fellow citizens," he said on Twitter.
By YURAS KARMANAU Associated Press


courthousenews--2020-08-16--Virginia Lawmakers to Reconvene to Hash Out Multiple Crises

RICHMOND , Va. ( CN ) — When Virginia ’ s General Assembly reconvenes in the state capitol on Tuesday , nearly five months will have passed since Governor Ralph Northam declared a state of emergency related to the coronavirus outbreak .
Since then , a host of additional crises have sprouted : unemployment , evictions , school and public health and safety and nearly 70 straight days of Black Lives Matter protests in the wake of the death of George Floyd at the hands of police officers .
The special session , a rare occurrence in the Commonwealth where @ @ @ @ @ @ @ only meet for two months at the start of the year , was called for by Northam , a Democrat , in July with the hopes of addressing the myriad of problems the state is facing .
“ Virginians are hurting right now—and the Commonwealth is stepping up , ” said the governor in a tweet Friday afternoon announcing his agenda for the session which includes millions of dollars in support for housing , broadband projects and education , while also hoping for police reform called for by protesters .
The last special @ @ @ @ @ @ @ address gun violence .
While Northam asked for numerous new gun laws in the wake of mass shootings in Virginia and around the country , the Republican-controlled Legislature gaveled out in about 90 minutes .
But don ’ t expect such brevity this time .
While the session starts Tuesday , the initial meeting is expected to only give the 140 legislators a chance to vote on rules for the session going forward .
While hopes of a quick meeting and omnibus bill from both chambers , now controlled by Democrats , was @ @ @ @ @ @ @ the complex range of issues would turn this special session into more of a lengthy regular session which could last weeks , if not months .
“ It ’ ll take as long as it takes to get it right , get public input and be transparent , ” said state Senator Jennifer McClellan , D-Richmond , in a phone interview .
“ There is a sense of urgency but we need to get it right and make sure the public has an opportunity to see what we ’ re doing and be @ @ @ @ @ @ @ has presented new challenges .
While usual sessions hold committee meetings to discuss each bill , large gatherings are limited due to the virus .
Though not public yet , legislators and staffers told Courthouse News the rules are expected to allow those meetings to be held digitally , something required considering the pandemic but not fully supported by those on the right .
“ We saw , when we moved the veto session 10 yards outside [ of the capital ] , we still ran into technical difficulties , ” said Del @ @ @ @ @ @ @ phone interview , harkening back to a veto session held in April which was held in a socially distanced tent due to the virus , but faced problems involving live video streams and microphones .
“ I think there are ways we can hold these on site so the public can engage , ” he added hopefully before admitting he hadn ’ t seen the final rules yet .
While they might get the chance to debate them , it ’ ll be up to the Democrats who have controlling votes to decide @ @ @ @ @ @ @ things go wrong .
As for public access to the session , besides a live video feed , there will be none with only limited seating for journalists to observe .
McClellan said members of both chambers have been holding digital meetings and opened their ears and inboxes to public comment so far and will continue to do so .
“ We ’ re doing everything that we possibly can to make sure the public knows what we ’ re doing in a safe manner , ” she added .
But beyond coronavirus @ @ @ @ @ @ @ norms .
With a bit less than 72 hours till the session starts , there ’ s only one piece of legislation from the majority party visible to the public in the state ’ s legislative system .
“ It ’ s amazing for so many people to not file a single bill with less than a week before the session starts , ” said state Senator David R. Suetterlein , R-Roanoke , in a phone interview .
He noted it was the Democrats ’ idea to call the session in the first @ @ @ @ @ @ @ so important they warrant a special session , I think it ’ s all more important they are made public.
” Offering an alternative , Suetterlein has joined several of his Republican colleagues in submitting legislation they hope will get some kind of hearing in the coming weeks .
Among them is an effort , submitted in different forms by several members of the GOP , which aims to limit the governor ’ s emergency powers .
“ Those executive order powers exist so emergencies can be declared , especially with a state @ @ @ @ @ @ @ always in session , ” said Suetterlein whose bill would require a meeting and vote from the Legislature in order for an executive order to last longer than 45 days .
“ Making executive orders with the force of law does not have the proper balance of power , ” he added .
“ If the governor believes the Legislature would never meet to affirm the order , that means he doesn ’ t think he has the support to extend the order.
” A Northam spokeswoman pushed back on the senator ’ @ @ @ @ @ @ @ “ Emergencies can change fast , and COVID-19 shows that they are not always limited to some arbitrary timeframe like 60 or 45 days , ” she wrote .
“ Under [ the GOP efforts ] Virginia ’ s response to the pandemic would have ended weeks ago in May , effectively leaving 8.5 million Virginians without a leader or during a worldwide health crisis.
” “ That ’ s a bad idea , and so is this bill , ” she added .
But the absence of legislation from Democrats also makes @ @ @ @ @ @ @ to offer to address the multiple ongoing crises .
“ We ’ re working as fast as we can , ” said McClellan .
“ We ’ re working to get bills finalized and take input from stakeholders before they are filed but that takes time.
” A bullet point list of agenda items has been released by Democrats in both chambers , and the topics — which often overlap — include things like addressing evictions and utility bills as well as expanding PPE and guidance for schools for teaching in-person and virtually @ @ @ @ @ @ @ lot of big issues that my constituents have been asking about so I ’ m focused on what we can do right now while planning for what ’ s next , ” the senator added .
The session also hopes to address the more contentious effort of police powers .
Despite the two parties becoming increasingly polarized there ’ s still hope to find what Virginia legislators have often called “ peace in the valley.
” Addressing police misconduct is among those issues with efforts , authored by the GOP Senate Minority Leader @ @ @ @ @ @ @ and others which aim to limit the use of choke holds , address legal immunity for civil rights violations and allow for the decertification of officers who break the rules .
“ We ’ re very concerned about making sure we have safe and secure communities with things like community-based policing , ” said Freitas .
McClellan said many of these issues were being discussed long before she even came to the Legislature in 2006 when Republicans were in charge .
She also pointed to efforts passed in other states in the wake @ @ @ @ @ @ @ ability to create civilian review boards and mental health crisis support systems that offer alternatives to the police .
“ It ’ s not like we ’ re creating something from scratch , ” she said .
But while members of both parties hope to find some common ground , compromise is not expected across the board .
“ Defunding police is a nonstarter with a lot of us , certainly with me , ” Freitas said .
Last , but certainly not least , is the state ’ s biennial budget .
@ @ @ @ @ @ @ earlier this year , talks were delayed because of the Covid-19 outbreak .
Much of Northam ’ s effort to support the state during the health crisis was announced Friday with budget funds aimed at the priorities listed above , but like legislation from Democrats , the public still hasn ’ t seen the full text of the proposal yet .
There ’ s also the unknown element of federal funding to make up for missing tax revenue from the state-level down to localities totaling as much as $ 2.7 billion , according @ @ @ @ @ @ @ “ We ’ re hoping for [ federal money ] but we need to plan for contingencies , ” said McClellan , matching the hopes of many of those on the left who feel Congress needs to step up but aren ’ t counting on approval from President Donald Trump .
“ We need federal assistance but we can ’ t depend on it , so we ’ ve got to plan for it or don ’ t get it , ” she said .
Freitas and Suetterlein , however , believe the @ @ @ @ @ @ @ .
“ The state has a responsibility to manage its own budget and it ’ s inappropriate to rely on federal dollars that the federal government doesn ’ t have , ” said Freitas .
“ It ’ s on the state to manage its budget at this time.
” While conversations with legislators ahead of Tuesday ’ s meetings often hope for that increasingly elusive peace in the valley , those who have been tracking politics in the state for years think it could be just as contentious a session as those @ @ @ @ @ @ @ is changing day by day and that makes it very difficult for lawmakers to chart the course ahead , ” said Dr. Stephen Farnsworth , a political science professor at the University of Mary Washington .
“ The relatively small number of moderates in either caucus suggests compromise will be as elusive in 2020 as it was in 2019.
” He also noted the number of legislators who are on the ballot for Congressional seats this year , like Freitas , and the rest of those who are running to keep their seats @ @ @ @ @ @ @ “ The smart move politically would be to put as many months as possible between controversial actions and the elections , ” said Farnsworth .
“ But the prudent course would be to not rush into significant reforms.
” While many mysteries remain for Virginia ’ s special session , it all should come clear in the coming days .
With Democrats in control of all three chambers , expect many issues to be addressed in a more progressive way , but much like the virus , we won ’ t know everything @ @ @ @ @ @

But beyond coronavirus safety concerns, Democrats have flaunted other norms. With a bit less than 72 hours till the session starts, there’s only one piece of legislation from the majority party visible to the public in the state’s legislative system.
“It’s amazing for so many people to not file a single bill with less than a week before the session starts,” said state Senator David R. Suetterlein, R-Roanoke, in a phone interview. He noted it was the Democrats’ idea to call the session in the first place and “if these bills are so important they warrant a special session, I think it's all more important they are made public.”
Offering an alternative, Suetterlein has joined several of his Republican colleagues in submitting legislation they hope will get some kind of hearing in the coming weeks.
Among them is an effort, submitted in different forms by several members of the GOP, which aims to limit the governor’s emergency powers.
“Those executive order powers exist so emergencies can be declared, especially with a state where the General Assembly isn’t always in session,” said Suetterlein whose bill would require a meeting and vote from the Legislature in order for an executive order to last longer than 45 days.
“Making executive orders with the force of law does not have the proper balance of power,” he added. “If the governor believes the Legislature would never meet to affirm the order, that means he doesn’t think he has the support to extend the order.”
A Northam spokeswoman pushed back on the senator’s assessment in an emailed statement.
“Emergencies can change fast, and Covid-19 shows that they are not always limited to some arbitrary timeframe like 60 or 45 days,” she wrote. “Under [the GOP efforts] Virginia’s response to the pandemic would have ended weeks ago in May, effectively leaving 8.5 million Virginians without a leader or during a worldwide health crisis.”
“That’s a bad idea, and so is this bill,” she added.
But the absence of legislation from Democrats also makes it hard to know what they plan to offer to address the multiple ongoing crises.
“We’re working as fast as we can,” said McClellan. “We’re working to get bills finalized and take input from stakeholders before they are filed but that takes time.”
A bullet point list of agenda items has been released by Democrats in both chambers, and the topics — which often overlap — include things like addressing evictions and utility bills as well as expanding PPE and guidance for schools for teaching in-person and virtually.
“We’ve got a lot of big issues that my constituents have been asking about so I’m focused on what we can do right now while planning for what's next,” the senator added.
The session also hopes to address the more contentious effort of police powers. Despite the two parties becoming increasingly polarized there’s still hope to find what Virginia legislators have often called “peace in the valley.”
Addressing police misconduct is among those issues with efforts, authored by the GOP Senate Minority Leader Tommy Norment, R-James City County, and others which aim to limit the use of choke holds, address legal immunity for civil rights violations and allow for the decertification of officers who break the rules.
“We’re very concerned about making sure we have safe and secure communities with things like community-based policing,” said Freitas.
McClellan said many of these issues were being discussed long before she even came to the Legislature in 2006 when Republicans were in charge. She also pointed to efforts passed in other states in the wake of protests, like giving localities the ability to create civilian review boards and mental health crisis support systems that offer alternatives to the police.
“It’s not like we’re creating something from scratch,” she said.
But while members of both parties hope to find some common ground, compromise is not expected across the board.
“Defunding police is a nonstarter with a lot of us, certainly with me,” Freitas said.
Last, but certainly not least, is the state’s biennial budget. While it was supposed to be finalized earlier this year, talks were delayed because of the Covid-19 outbreak. Much of Northam’s effort to support the state during the health crisis was announced Friday with budget funds aimed at the priorities listed above, but like legislation from Democrats, the public still hasn’t seen the full text of the proposal yet.
There’s also the unknown element of federal funding to make up for missing tax revenue from the state-level down to localities totaling as much as $2.7 billion, according to the governor’s office.
“We’re hoping for [federal money] but we need to plan for contingencies,” said McClellan, matching the hopes of many of those on the left who feel Congress needs to step up but aren’t counting on approval from President Donald Trump.
“We need federal assistance but we can’t depend on it, so we’ve got to plan for it or don't get it,” she said.
Freitas and Suetterlein, however, believe the state should take care of its own.
“The state has a responsibility to manage its own budget and it's inappropriate to rely on federal dollars that the federal government doesn't have,” said Freitas. “It’s on the state to manage its budget at this time.”
While conversations with legislators ahead of Tuesday’s meetings often hope for that increasingly elusive peace in the valley, those who have been tracking politics in the state for years think it could be just as contentious a session as those in the past.
“The world is changing day by day and that makes it very difficult for lawmakers to chart the course ahead,” said Stephen Farnsworth, a political science professor at the University of Mary Washington. “The relatively small number of moderates in either caucus suggests compromise will be as elusive in 2020 as it was in 2019.”
He also noted the number of legislators who are on the ballot for Congressional seats this year, like Freitas, and the rest of those who are running to keep their seats or for higher office next year.
“The smart move politically would be to put as many months as possible between controversial actions and the elections,” said Farnsworth. “But the prudent course would be to not rush into significant reforms.”
While many mysteries remain for Virginia’s special session, it all should come clear in the coming days. With Democrats in control of all three chambers, expect many issues to be addressed in a more progressive way, but much like the virus, we won't know everything until it's over.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including new polling data shows Joe Biden continues to command a sizable lead over President Donald Trump ; Raging wildfires fueled by scorching heat and dry winds continued ripping through California forests ; The boss of El Salvador ’ s extreme right-wing party was arrested on charges of embezzlement and swindling the government , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 .
@ @ @ @ @ @ @ unprecedented virtual meeting , the Democratic National Convention ’ s Labor Council met Monday afternoon to address the dire challenges faced by Postal Service employees and other essential workers in light of the Trump administration ’ s response to the Covid-19 pandemic .
2 . )
Bolstered by voter enthusiasm and a warm reception for Democratic vice-presidential candidate Kamala Harris , new polling data shows Joe Biden continues to command a sizable lead over President Donald Trump .
3 . )
The Trump administration opened the largest remaining area of pristine land in @ @ @ @ @ @ @ approving a highly controversial oil and gas leasing program within Alaska ’ s Arctic National Wildlife Refuge .
4 . )
Raging wildfires fueled by scorching heat and dry winds continued ripping through California forests Monday as firefighters carved containment lines to suppress flames that have destroyed dozens of structures and now threaten thousands of homes .
5 . )
After the state ’ s overloaded power grid left hundreds of thousands of homes in the dark as temperatures soared close to 110 , California Governor Gavin Newsom responded Monday by ordering an @ @ @ @ @ @ @ blackouts .
6 . )
President Donald Trump on Monday approved federal disaster assistance to Iowa following last week ’ s rare wind storm that leveled trees , power lines and millions of acres of cornfields .
7 . )
The boss of El Salvador ’ s extreme right-wing party was arrested Sunday night on charges of embezzlement and swindling the government .
8 . )
While studying how the climate crisis may affect the Earth ’ s oceans in years to come , researchers revealed Monday that more than half of our @ @ @ @ @ @ @ gas emissions .

Top eight CNS stories for today including new polling data shows Joe Biden continues to command a sizable lead over President Donald Trump; Raging wildfires fueled by scorching heat and dry winds continued ripping through California forests; The boss of El Salvador’s extreme right-wing party was arrested on charges of embezzlement and swindling the government, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including new polling data shows Joe Biden continues to command a sizable lead over President Donald Trump; Raging wildfires fueled by scorching heat and dry winds continued ripping through California forests; The boss of El Salvador’s extreme right-wing party was arrested on charges of embezzlement and swindling the government, 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.) Taking to the airwaves in an unprecedented virtual meeting, the Democratic National Convention’s Labor Council met Monday afternoon to address the dire challenges faced by Postal Service employees and other essential workers in light of the Trump administration’s response to the Covid-19 pandemic.
This Aug. 13, 2020 photo shows the Wisconsin Center, the location of a scaled down Democratic National Convention. About 50,000 visitors were expect to inject about $250 million into the economy of the key presidential battleground state. But now, thanks to the ongoing coronavirus pandemic, the convention is nearly entirely online, with all of the major speakers, including presumptive nominee Joe Biden, skipping the trip to Milwaukee. It would have been the first time Milwaukee, a city of 1.6 million, hosted a presidential nominating convention. (AP Photo/Carrie Antlfinger)
2.) Bolstered by voter enthusiasm and a warm reception for Democratic vice-presidential candidate Kamala Harris, new polling data shows Joe Biden continues to command a sizable lead over President Donald Trump.
Vice President Joe Biden and Presidet Donald Trump will vie for voters in November. (AP Photo/Patrick Semansky)
3.) The Trump administration opened the largest remaining area of pristine land in the country to oil drilling Monday, approving a highly controversial oil and gas leasing program within Alaska’s Arctic National Wildlife Refuge.
FILE - In this undated photo provided by the U.S. Fish and Wildlife Service, an airplane flies over caribou from the Porcupine Caribou Herd on the coastal plain of the Arctic National Wildlife Refuge in northeast Alaska.The Department of the Interior has approved an oil and gas leasing program within Alaska’s Arctic National Wildlife Refuge. The refuge is home to polar bears, caribou and other wildlife. Secretary of the Interior David Bernhardt signed the Record of Decision, which will determine where oil and gas leasing will take place in the refuge’s coastal plain. (U.S. Fish and Wildlife Service via AP)
Regional
4.) Raging wildfires fueled by scorching heat and dry winds continued ripping through California forests Monday as firefighters carved containment lines to suppress flames that have destroyed dozens of structures and now threaten thousands of homes.
This photo provided by Katelynn & Jordan Hewlett, a funnel appears in a thick plume of smoke from the Loyalton Fire is seen in Lassen County, Calif., Saturday, Aug. 15, 2020. A wildfire in Northern California on Saturday spawned at least one fire tornado that prompted the National Weather Service to issue a tornado warning. The Loyalton Fire in Lassen County, Calif., burned intensely amid hot and dry conditions on Saturday afternoon. (Katelynn & Jordan Hewlett via AP)
5.) After the state’s overloaded power grid left hundreds of thousands of homes in the dark as temperatures soared close to 110, California Governor Gavin Newsom responded Monday by ordering an investigation into the weekend’s rolling blackouts.
6.) President Donald Trump on Monday approved federal disaster assistance to Iowa following last week’s rare wind storm that leveled trees, power lines and millions of acres of cornfields.
Sgt. Chris Peterson, left, of Dyersville, Iowa, and Staff Sgt. Steven Russell of Ankeny, Iowa, with the Alpha Co., 224th Brigade Engineer Battalion of the Iowa National Guard use chainsaws to cut limbs off a downed tree damaged from a derecho earlier this week, as cleanup continues along 30th St. SE in southeast Cedar Rapids, Iowa, on Saturday, Aug. 15, 2020. About 100 engineers from the Fairfield, Iowa, -based unit are assisting utility companies with debris removal so line work can progress. (Jim Slosiarek/The Gazette via AP)
International
7.) The boss of El Salvador’s extreme right-wing party was arrested Sunday night on charges of embezzlement and swindling the government.
A water truck makes deliveries in a locked-down village in rural El Salvador in the days before the left- and right-wing parties joined forces to lift the nationwide lockdown. (Miguel Patricio photo/Courthouse News)
8.) While studying how the climate crisis may affect the Earth’s oceans in years to come, researchers revealed Monday that more than half of our oceans have already been altered by greenhouse gas emissions.


courthousenews--2020-08-17--California Courts Covid Update

California Courts Covid Update

Aug. 12 , 2020 : Webex now available for remote oral argument in Appellate cases Aug. 10 , 2020 : @ @ @ @ @ as Covid-19 cases increase in Los Angeles County Aug. 14 , 2020 : Order regarding @ @ @ @ @ 17 , 2020 : Hours for self-help center and restraining order help center Aug. 14 @ @ @ @ @ cases at the “ M ” Street traffic division courthouse Aug. 11 , 2020 : @ @ @ @ @ eviction and foreclosure temporary rules

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.


courthousenews--2020-08-17--Ninth Circuit Sides With Spanish Museum in Fight Over Nazi-Looted Art

PASADENA , Calif. ( CN ) — A Ninth Circuit panel on Monday affirmed a federal judge ’ s determination that a Spanish museum is the rightful owner of a Camille Pissarro painting stolen from a Jewish family by Nazis , finding the museum sufficiently demonstrated it had no knowledge the masterpiece had been looted at the onset of World War II .
The French Impressionist ’ s , “ Rue Saint-Honoré in the Afternoon , Effect of Rain , ” once belonged to Lilly Cassirer , a Jewish woman who the Nazis stole the artwork from in 1939 in @ @ @ @ @ @ @ passage out of Germany during the Holocaust .
Believing for years the Pissarro masterpiece was lost , the Cassirers accepted restitution facilitated by a post-war Allied forces tribunal .
But in 2000 , Lilly ’ s grandson Claude Cassirer found the painting hanging at the Museo Thyssen-Bornemisza in Madrid and sued in federal court five years later to try and retrieve the work .
The Cassirer family argued at a 2019 trial in the Central District of California museum experts failed to fully examine the painting and that documents tied to the work @ @ @ @ @ @ @ for the record of ownership of a work of art which is used as a guide to authenticity or quality .
But U.S. District Judge John F. Walter struck down the Cassirers ’ claims , ruling the museum foundation was the rightful owner of the Pissarro because court filings did not demonstrate a “ willful blindness ” of its provenance when the work was added to the museum ’ s collection .
Walter said the court had to apply Spanish law and could not force the Kingdom of Spain or the museum to @ @ @ @ @ @ @ out in international agreements governing the return of Nazi-looted works .
On appeal before the Ninth Circuit , Cassirer attorney David Boies with Boies Schiller Flexner argued museum experts overlooked documents tracing the painting back to the Cassirer ’ s gallery in Berlin .
Boies argued Walter should have employed the “ perfectly imagined ” test for determining willful blindness of the painting ’ s full origin as opposed to its use of the “ high risk ” test , which has a higher standard of proof .
The museum foundation ’ s @ @ @ @ @ @ @ no knowledge of the Nazi looting at the time it acquired the collection containing the Pissarro in 1993 .
On Monday , the Ninth Circuit panel sided with the museum foundation ’ s argument , writing in its unsigned , unpublished 7-page memorandum it isn ’ t convinced the Walter used a willful blindness test with a higher standard of proof .
“ To the extent the perfectly imagined test is a different , lower standard of proof than the high risk or likelihood test for willful blindness , the district court ’ @ @ @ @ @ @ @ test is harmless because the Spanish Supreme Court has not mentioned or applied the perfectly imagined test for willful blindness in a case analogous to the present case , ” the memorandum said .
Even if Walter ’ s court applied the incorrect test , the error was “ harmless , ” the panel held .
Boies did not immediately respond to a request for comment on the ruling .
The panel held that although the Cassirers ’ appeal briefs relied on several Spanish decisions that apply the “ perfectly imagined ” test @ @ @ @ @ @ @ that was later purchased from an established gallery like the Hahn Gallery in New York , where Baron Hans-Heinrich Thyssen-Bornemisza purchased the Pissarro painting .
“ The district court found that the baron lacked actual knowledge of the theft based in part on evidence that the baron purchased the painting for fair market value from a reputable art dealer while the painting was publicly displayed and then publicly and frequently exhibited the painting after he purchased it , without anyone asserting it had been stolen in the past , ” the memorandum said @ @ @ @ @ @ @ baron ’ s knowledge could be imputed to [ the museum ] , it does not cause [ the museum ] to have actual knowledge.
” Further , the museum had little reason to suspect the baron “ did not have good title to the paintings ” given the baron ’ s $ 10 million pledge to the museum , according to museum attorney Fernando Perez de la Sota ’ s trial testimony noted in the memorandum .
The panel will not consider reviewing en banc its 2017 ruling that the Cassirers had @ @ @ @ @ @ @ of limitations for claims to recover looted artwork , nor that the claims were preempted by the Foreign Affairs Doctrine .
The Ninth Circuit panel can not order Spain or the museum to comply with the Washington Principles or the Terezin Declaration , international agreements governing the return of Nazi-looted art , the memorandum said .
“ It is perhaps unfortunate that a country and a government can preen as moralistic in its declarations , yet not be bound by those declarations , ” the memorandum said .
“ But that is the @ @ @ @ @ @ @ not immediately respond to a request for comment on the panel ’ s decision Monday .
U.S .
Circuit Judges Sandra Segal Ikuta , Carlos Bea and Consuelo Callahan , all George W. Bush appointees , made up the panel .

A Ninth Circuit panel on Monday affirmed a federal judge’s determination that a Spanish museum is the rightful owner of a Camille Pissarro painting stolen from a Jewish family by Nazis, finding the museum sufficiently demonstrated it had no knowledge the masterpiece had been looted at the onset of World War II.
PASADENA, Calif. (CN) — A Ninth Circuit panel on Monday affirmed a federal judge’s determination that a Spanish museum is the rightful owner of a Camille Pissarro painting stolen from a Jewish family by Nazis, finding the museum sufficiently demonstrated it had no knowledge the masterpiece had been looted at the onset of World War II.
The French Impressionist’s, “Rue Saint-Honoré in the Afternoon, Effect of Rain,” once belonged to Lilly Cassirer, a Jewish woman who the Nazis stole the artwork from in 1939 in exchange for her family’s safe passage out of Germany during the Holocaust.
Believing for years the Pissarro masterpiece was lost, the Cassirers accepted restitution facilitated by a post-war Allied forces tribunal.
But in 2000, Lilly’s grandson Claude Cassirer found the painting hanging at the Museo Thyssen-Bornemisza in Madrid and sued in federal court five years later to try and retrieve the work.
The Cassirer family argued at a 2019 trial in the Central District of California museum experts failed to fully examine the painting and that documents tied to the work misrepresented its provenance, the official term for the record of ownership of a work of art which is used as a guide to authenticity or quality.
But U.S. District Judge John F. Walter struck down the Cassirers’ claims, ruling the museum foundation was the rightful owner of the Pissarro because court filings did not demonstrate a “willful blindness” of its provenance when the work was added to the museum’s collection.
Walter said the court had to apply Spanish law and could not force the Kingdom of Spain or the museum to comply with “moral commitments” laid out in international agreements governing the return of Nazi-looted works.
On appeal before the Ninth Circuit, Cassirer attorney David Boies with Boies Schiller Flexner argued museum experts overlooked documents tracing the painting back to the Cassirer’s gallery in Berlin.
Boies argued Walter should have employed the “perfectly imagined” test for determining willful blindness of the painting’s full origin as opposed to its use of the “high risk” test, which has a higher standard of proof.
The museum foundation’s attorney Thaddeus Stauber countered the foundation had no knowledge of the Nazi looting at the time it acquired the collection containing the Pissarro in 1993.
On Monday, the Ninth Circuit panel sided with the museum foundation’s argument, writing in its unsigned, unpublished 7-page memorandum it isn’t convinced the Walter used a willful blindness test with a higher standard of proof.
“To the extent the perfectly imagined test is a different, lower standard of proof than the high risk or likelihood test for willful blindness, the district court’s failure to address the perfectly imagined test is harmless because the Spanish Supreme Court has not mentioned or applied the perfectly imagined test for willful blindness in a case analogous to the present case,” the memorandum said.
Even if Walter’s court applied the incorrect test, the error was “harmless,” the panel held.
Boies did not immediately respond to a request for comment on the ruling.
The panel held that although the Cassirers’ appeal briefs relied on several Spanish decisions that apply the “perfectly imagined” test, none of them involved stolen artwork that was later purchased from an established gallery like the Hahn Gallery in New York, where Baron Hans-Heinrich Thyssen-Bornemisza purchased the Pissarro painting.
“The district court found that the baron lacked actual knowledge of the theft based in part on evidence that the baron purchased the painting for fair market value from a reputable art dealer while the painting was publicly displayed and then publicly and frequently exhibited the painting after he purchased it, without anyone asserting it had been stolen in the past,” the memorandum said. “Therefore, even if the baron’s knowledge could be imputed to [the museum], it does not cause [the museum] to have actual knowledge.”
Further, the museum had little reason to suspect the baron “did not have good title to the paintings” given the baron’s $10 million pledge to the museum, according to museum attorney Fernando Perez de la Sota’s trial testimony noted in the memorandum.
The panel will not consider reviewing en banc its 2017 ruling that the Cassirers had not exceeded California’s 6-year statute of limitations for claims to recover looted artwork, nor that the claims were preempted by the Foreign Affairs Doctrine.
The Ninth Circuit panel cannot order Spain or the museum to comply with the Washington Principles or the Terezin Declaration, international agreements governing the return of Nazi-looted art, the memorandum said.
“It is perhaps unfortunate that a country and a government can preen as moralistic in its declarations, yet not be bound by those declarations,” the memorandum said. “But that is the state of the law.”
Stauber did not immediately respond to a request for comment on the panel’s decision Monday.
U.S. Circuit Judges Sandra Segal Ikuta, Carlos Bea and Consuelo Callahan, all George W. Bush appointees, made up the panel.


courthousenews--2020-08-17--En Banc Second Circuit Won’t Rehear Trump Emoluments Case

WASHINGTON ( CN ) — Nearly a year after reviving the case , the full Second Circuit refused Monday to rehear a lawsuit claiming President Donald Trump violated anti-corruption provisions in the U.S. Constitution .
The New York-based appeals court voted 8-4 against an en banc rehearing , keeping in place its September 2019 decision to reinstate the case brought by Citizens for Responsibility and Ethics in Washington , or CREW , days after Trump ’ s inauguration in January 2017 .
The Constitution ’ s so-called emoluments clauses ban presidents from receiving gifts from foreign or state governments while @ @ @ @ @ @ @ taking office , Trump relinquished managerial operations of the Trump Organization to his adult children Eric Trump and Donald Trump Jr .
But the real estate mogul turned president still held onto a financial stake in his conglomerate and continues to build on his assets .
This dynamic prompted CREW and co-plaintiffs Restaurant Opportunities Centers United and New York hotelier Eric Goode to sue , asserting corruption by the new president and harm to their own businesses as they competed against Trump ’ s outsized influence .
Their 2017 complaint was initially tossed @ @ @ @ @ @ @ after he ruled that the plaintiffs lacked standing and it would be impossible to prove the competition effects they alleged .
That alone precluded any consideration of their claims of constitutional abuse by the president , the judge held .
But on appeal at the Second Circuit , a three-judge panel ruled 2-1 that the plaintiffs “ need only plausibly allege that the president ’ s receipt of emoluments generates an unlawful competitive advantage for the Trump establishments.
” The president pushed back and asked for a rehearing of the case by the @ @ @ @ @ @ @ released a brief order Monday saying most of its judges had voted to deny the request .
The decision marks another court loss for Trump as he plows headlong into the November election .
In a statement Monday , CREW spokesman Jordan Libowitz said the plaintiffs were pleased with the decision and look forward to seeing the case unfold .
The president ’ s lawyers could appeal to the Supreme Court , challenging the Second Circuit ’ s finding that the judiciary has the power to reduce incentives for government officials “ currying @ @ @ @ @ @ @ restaurants and hotels .
But the high court would likely not take up the case until after the election .
In a dissent , U.S .
Circuit Judge Jose Cabranes called the decision a “ missed opportunity to address en banc a question of exceptional importance regarding the limits of the judicial power under Article III of the Constitution in addressing a constitutional claim against a president.
” The “ exceptional importance ” of the case is “ beyond dispute , ” wrote Cabranes , a Bill Clinton appointee .
“ It is @ @ @ @ @ @ @ of plaintiffs ’ constitutional standing at the pleading stage has been resolved by our Court .
We are far from the finish line—the resolution of the merits of the plaintiffs ’ claims lies before us , ” the judge wrote .
“ On remand , the District Court will need to determine whether the operative complaint in this case states a claim upon which relief can be granted .
In conducting this inquiry , the District Court likely will need to address various issues that have yet to be resolved by the Court @ @ @ @ @ @ @ , U.S .
Circuit Judge Steven Menashi , a Trump appointee , called the plaintiffs ’ injuries only theoretical .
“ No precept of logic or economics holds that foreign and state government officials will necessarily alter their dining preferences at high-end Manhattan restaurants out of a single-minded desires to give the president additional leverage in lease negotiations with restaurants he does not own , ” he wrote .
While the New York case awaits a district court hearing or appeal to the Supreme Court , other emoluments cases against the president are @ @ @ @ @ @ @ currently weighing a petition filed by Democratic lawmakers in July after the D.C .
Circuit found they did not have standing to sue the president .
In May , the en banc Fourth Circuit in Richmond , Virginia , also allowed an emoluments lawsuit brought by Maryland and Washington , D.C. , to move forward .

Nearly a year after reviving the case, the full Second Circuit refused Monday to rehear a lawsuit claiming President Donald Trump violated anti-corruption provisions in the U.S. Constitution.
WASHINGTON (CN) — Nearly a year after reviving the case, the full Second Circuit refused Monday to rehear a lawsuit claiming President Donald Trump violated anti-corruption provisions in the U.S. Constitution.
The New York-based appeals court voted 8-4 against an en banc rehearing, keeping in place its September 2019 decision to reinstate the case brought by Citizens for Responsibility and Ethics in Washington, or CREW, days after Trump’s inauguration in January 2017.
The Constitution’s so-called emoluments clauses ban presidents from receiving gifts from foreign or state governments while in office without congressional consent.
Upon taking office, Trump relinquished managerial operations of the Trump Organization to his adult children Eric Trump and Donald Trump Jr. But the real estate mogul turned president still held onto a financial stake in his conglomerate and continues to build on his assets.
This dynamic prompted CREW and co-plaintiffs Restaurant Opportunities Centers United and New York hotelier Eric Goode to sue, asserting corruption by the new president and harm to their own businesses as they competed against Trump’s outsized influence.
Their 2017 complaint was initially tossed by a federal judge in New York after he ruled that the plaintiffs lacked standing and it would be impossible to prove the competition effects they alleged. That alone precluded any consideration of their claims of constitutional abuse by the president, the judge held.
But on appeal at the Second Circuit, a three-judge panel ruled 2-1 that the plaintiffs “need only plausibly allege that the president’s receipt of emoluments generates an unlawful competitive advantage for the Trump establishments.”
The president pushed back and asked for a rehearing of the case by the full court, but the Second Circuit released a brief order Monday saying most of its judges had voted to deny the request. The decision marks another court loss for Trump as he plows headlong into the November election.
In a statement Monday, CREW spokesman Jordan Libowitz said the plaintiffs were pleased with the decision and look forward to seeing the case unfold.
The president’s lawyers could appeal to the Supreme Court, challenging the Second Circuit’s finding that the judiciary has the power to reduce incentives for government officials “currying favor” with Trump by visiting his restaurants and hotels. But the high court would likely not take up the case until after the election.
In a dissent, U.S. Circuit Judge Jose Cabranes called the decision a “missed opportunity to address en banc a question of exceptional importance regarding the limits of the judicial power under Article III of the Constitution in addressing a constitutional claim against a president.”
The “exceptional importance” of the case is “beyond dispute,” wrote Cabranes, a Bill Clinton appointee.
“It is worth underscoring that only the threshold question of plaintiffs’ constitutional standing at the pleading stage has been resolved by our Court. We are far from the finish line—the resolution of the merits of the plaintiffs’ claims lies before us,” the judge wrote. “On remand, the District Court will need to determine whether the operative complaint in this case states a claim upon which relief can be granted. In conducting this inquiry, the District Court likely will need to address various issues that have yet to be resolved by the Court of Appeals.”
In a separate dissent, U.S. Circuit Judge Steven Menashi, a Trump appointee, called the plaintiffs’ injuries only theoretical.
“No precept of logic or economics holds that foreign and state government officials will necessarily alter their dining preferences at high-end Manhattan restaurants out of a single-minded desires to give the president additional leverage in lease negotiations with restaurants he does not own,” he wrote.
While the New York case awaits a district court hearing or appeal to the Supreme Court, other emoluments cases against the president are still brewing.
The high court is currently weighing a petition filed by Democratic lawmakers in July after the D.C. Circuit found they did not have standing to sue the president. In May, the en banc Fourth Circuit in Richmond, Virginia, also allowed an emoluments lawsuit brought by Maryland and Washington, D.C., to move forward.


courthousenews--2020-08-17--Oakland Police, Mayor Slammed for Handling of Shooting Death of Homeless Man

OAKLAND ( CN ) — The Oakland Police Department and its former chief handled the 2018 death of a homeless man in a hail of police gunfire with “ an appalling measure of incompetence , deception , and indifference , ” the department ’ s independent monitor said in a withering report released Monday .
The report skewered the police department and former chief Anne Kirkpatrick for prematurely defending the five officers who fired 22 rounds at 31 year-old Joshua Pawlik , found sleeping with a gun at his side in a West Oakland alley on March 11 , 2018 @ @ @ @ @ @ @ ; another , six times ; another , five times ; and another , four times — all in a total of 2.23 seconds , ” federal police monitor Robert Warshaw wrote in his report .
After the shooting , Kirkpatrick called Warshaw to tell him that the officers were justified in fatally shooting Pawlik because he had pointed a gun at them , saying it “ looks good.
” But Warshaw was critical of Kirkpatrick ’ s premature assessment of the tragedy , cautioning her at the time “ that she should @ @ @ @ @ @ @ process.
” Kirkpatrick ’ s position was unwavering as the investigation progressed , despite video evidence that did not support the officers ’ claims that Pawlik was “ alert and awake , ” and “ appeared agitated and upset ” before “ scanning from side to side ” and “ purposefully and intentionally pointing his weapon at officers ” according to Warshaw .
“ Our shared humanity should have ensured , at the least , that the Oakland Police Department would have taken better care to avoid the death of Mr. Pawlik .
@ @ @ @ @ @ @ conducted a more thorough and honest review of this event to provide a foundation for reform , ” Warshaw wrote .
“ Instead , for Joshua Pawlik , for the police department and for the Oakland community , there has been only a tragic litany of failures.
” The department has been under the supervision of a court-appointed monitor for 17 years , as a condition of a settlement in the 2003 civil rights lawsuit Delphine Allen et al .
v. City of Oakland .
The case arose from the “ Riders ” @ @ @ @ @ @ @ accused of kidnapping , beating , robbing , and planting evidence on residents of an impoverished neighborhood in West Oakland while the department turned a blind eye .
The settlement was supposed to last five years with no more than one additional two-year extension , but U.S. District Judge Thelton Henderson extended it several times as the department failed to meet reform benchmarks like reducing officer-involved shootings and racially motivated traffic stops .
Warshaw was appointed monitor in 2010 and elevated in 2014 to the additional position of compliance director by Henderson , @ @ @ @ @ @ @ Judge William Orrick has taken over the case .
“ The shooting of Mr. Pawlik exposed an appalling measure of incompetence , deception , and indifference , ” Warshaw wrote , characterizing the department ’ s investigation as tainted from the start , including the “ incomplete and deficient investigations ” conducted by its criminal investigations and internal affairs divisions that failed to challenge the officers ’ accounts of what happened .
“ Too many persons charged with the responsibility of internal review and oversight quickly , and ultimately , described this tragedy @ @ @ @ @ @ @ one that was consistent with law and policy , ” Warshaw wrote .
“ It was not a ‘ good ’ shooting.
” The officers responsible for Pawlik ’ s death , William Berger , Brandon Hraiz , Craig Tanaka , Josef Phillips and Francisco Negrete , were fired in 2019 .
They fought their termination in court after Warshaw overrode Kirkpatrick ’ s decision not to discipline them and a separate tribunal made up of members of the civilian Oakland Police Commission agreed with him .
They were briefly reinstated in April @ @ @ @ @ @ @ June .
An executive force review board of two captains and a deputy chief reviewed the CID ’ s and IAD ’ s findings .
The deputy chief seemed dismayed that the officers used an armored vehicle as a shooting platform and found Negrete ’ s supervision of the arrest team “ outrageous ” and grossly negligent .
But Warshaw ’ s report said one of the “ captains placed the entire blame for the shooting on Mr. Pawlik , ” and mentioned that the discussions between the captain and deputy chief were @ @ @ @ @ @ @ with Kirkpatrick that the officers used appropriate force and should not be disciplined .
“ It is especially disappointing that the chief did not seem to be an honest broker here , ” said Oakland civil rights lawyer John Burris , whose offices represented Pawlik ’ s family in a wrongful death action against the city .
“ I knew the outcome of the case , but I didn ’ t realize there was this kind of discourse within it indicating that the officers were literally given a break and were not critically @ @ @ @ @ @ @ of the old boys ’ network which was employed , ” he said , adding Kirkpatrick set the whole tone for the investigation with her initial statements about the shooting looking “ good.
” “ There ’ s always an effort to justify shootings as quickly as they can , ” Burris said .
“ They don ’ t want the public to have a positive view of the victim.
” Warshaw was also unsparing in his criticism of Oakland Mayor Libby Schaaf , who described the shooting as “ awful but lawful @ @ @ @ @ @ @ trivialized an avoidable tragedy.
” Warshaw ’ s report excoriated Schaaf for her silence after reviewing video footage of the shooting .
“ Perhaps the most telling act of avoidance came from City Hall .
According to Chief Kirkpatrick , in the fall of 2018 , as the CID and IAD investigations were underway , the chief showed the video of the shooting to the mayor , ” he wrote .
“ According to the chief , the viewing of the video was met with silence .
The mayor did not ask questions @ @ @ @ @ @ @ recent national events , the mayor has been vocal , her steadfast silence in this matter was troubling.
” Burris called the report “ a real indictment of the mayor.
” “ If you don ’ t have all the political leadership on board , if they ’ re not all working in the same direction , you can not bring about robust changes , ” he said , adding Schaaf ’ s perception of the incident may have been influenced by her confidence in Kirkpatrick .
“ She had confidence in the @ @ @ @ @ @ @ , ” Burris said .
“ She might have been blinded by the chief ’ s suaveness .
The mayor is a good person .
She wants things to work , but she did hire this person and you have to have confidence in the person you hire .
Until you don ’ t. ” The civilian police commission , with Schaaf ’ s support , fired Kirkpatrick in February .
Pawlik ’ s family settled their lawsuit with the city of Oakland in April for $ 1.4 million .
Schaaf ’ s @ @ @ @ @ @ @ a devastating loss ” for the community but said Warshaw did not interview Schaaf for the report .
“ The mayor was not interviewed for his report and it omits several actions she took , including her immediate direction to the chief of police to create a new policy for officers who interact with unconscious individuals , ” Schaff ’ s spokesperson Justin Berton said .
“ As we await an official policy adoption , changes in training and practice have already led to safer outcomes for both residents and officers .
The @ @ @ @ @ @ @ Department will respond further to the report at the next case management conference with the federal judge on Sept. 22.
” Oakland police spokeswoman Johnna Watson said the department would follow up on a request for comment , but had not done so by press time .
In May , Orrick told attorneys for the police department and the city that he expects to see progress on implementing the reforms demanded by the settlement .
“ What ’ s needed now is results , ” Orrick said .
“ It ’ s not @ @ @ @ @ @ @ ourselves on our backs for what we ’ ve accomplished .
It ’ s to finish the job.
” Burris , one of the lead plaintiff attorneys in the Allen case , said he ’ s heard it all the before .
“ Having been involved this case for almost 20 years .
I was hoping that by now that the department would have the ability to police itself .
Obviously that ’ s not the case , ” Burris said .
Of Warshaw ’ s report , he said , “ It @ @ @ @ @ @ @ feel better about the department.
” At the hearing in May , lawyers for police department said its internal culture has changed , touting Susan Manheimer ’ s appointment as interim police chief in March .
“ I ’ ve seen the parade of chiefs , managers , commanders and consultants .
But we have a new culture at OPD .
We have a new command culture .
We have a chief who is a leader in her industry , ” said Rockne Lucia , an employment attorney with Rains Lucia Stern St. @ @ @ @ @ @ @ the police union .
“ From the union ’ s perspective , rank and file , we have seen a change from the top to the bottom.
” Burris said that “ remains to be seen.
” “ I want there to be a new culture I want things to change .
I want this department to be a national leader in how it conducts its business .
You don ’ t know how they respond to the crisis until it occurs .
I ’ m always optimistic .
I want to be @ @ @

An executive force review board of two captains and a deputy chief reviewed the CID’s and IAD’s findings. The deputy chief seemed dismayed that the officers used an armored vehicle as a shooting platform and found Negrete’s supervision of the arrest team “outrageous” and grossly negligent. But Warshaw’s report said one of the “captains placed the entire blame for the shooting on Mr. Pawlik,” and mentioned that the discussions between the captain and deputy chief were extremely tense. Ultimately the board sided with Kirkpatrick that the officers used appropriate force and should not be disciplined.
“It is especially disappointing that the chief did not seem to be an honest broker here,” said Oakland civil rights lawyer John Burris, whose offices represented Pawlik’s family in a wrongful death action against the city.
“I knew the outcome of the case, but I didn't realize there was this kind of discourse within it indicating that the officers were literally given a break and were not critically evaluated. And there was this sense of the old boys’ network which was employed,” he said, adding Kirkpatrick set the whole tone for the investigation with her initial statements about the shooting looking “good.”
“There's always an effort to justify shootings as quickly as they can,” Burris said. “They don't want the public to have a positive view of the victim.”
Warshaw was also unsparing in his criticism of Oakland Mayor Libby Schaaf, who described the shooting as “awful but lawful” — a phrase he said “trivialized an avoidable tragedy.” Warshaw’s report excoriated Schaaf for her silence after reviewing video footage of the shooting.
“Perhaps the most telling act of avoidance came from City Hall. According to Chief Kirkpatrick, in the fall of 2018, as the CID and IAD investigations were underway, the chief showed the video of the shooting to the mayor,” he wrote. "According to the chief, the viewing of the video was met with silence. The mayor did not ask questions or provide direction. Although in more recent national events, the mayor has been vocal, her steadfast silence in this matter was troubling.”
Burris called the report “a real indictment of the mayor.”
“If you don’t have all the political leadership on board, if they’re not all working in the same direction, you cannot bring about robust changes,” he said, adding Schaaf’s perception of the incident may have been influenced by her confidence in Kirkpatrick.
“She had confidence in the chief that many of us did not,” Burris said. “She might have been blinded by the chief's suaveness. The mayor is a good person. She wants things to work, but she did hire this person and you have to have confidence in the person you hire. Until you don’t.”
The civilian police commission, with Schaaf’s support, fired Kirkpatrick in February. Pawlik’s family settled their lawsuit with the city of Oakland in April for $1.4 million.
Schaaf’s office called Pawlik’s death “a devastating loss” for the community but said Warshaw did not interview Schaaf for the report.
“The mayor was not interviewed for his report and it omits several actions she took, including her immediate direction to the chief of police to create a new policy for officers who interact with unconscious individuals,” Schaff’s spokesperson Justin Berton said. “As we await an official policy adoption, changes in training and practice have already led to safer outcomes for both residents and officers. The city of Oakland administration and Oakland Police Department will respond further to the report at the next case management conference with the federal judge on Sept. 22.”
Kirkpatrick fired back at Warshaw late Monday in a statement through her spokesman Sam Singer. “Mr. Warshaw’s report on the Pawlik shooting is purposely misleading and attempts to hide important issues that should be of public concern,” she said.
Kirkpatrick said she wanted outside experts to evaluate the department’s internal investigation, a proposal Warshaw nixed as unethical because Kirkpatrick had contacts with potential members of the external review board.
“Even without an independent investigation, as I had proposed, at least four review boards or investigative agencies examined the conduct of the OPD officers involved in Mr. Pawlick’s death,” Kirkpatrick said.
Warshaw’s latest report, she said, is an attempt to intimidate her over past criticism of the millions of dollars Oakland taxpayers have forked over for Warshaw’s monitoring services. She also called for his firing in an op-ed published in the San Jose Mercury News in March.
“Mr. Warshaw knows that I have been critical of him and that I have called for him to be removed. This ‘report,’ coming years after the incident and months after I filed my claim, appears to be his effort to defend himself and the City,” Kirkpatrick said Monday.
Kirkpatrick has filed a claim against the city over her ouster. “I will not be intimidated,” she said. “I intend to file my case in court shortly.”
In May, Orrick told attorneys for the police department and the city that he expects to see progress on implementing the reforms demanded by the settlement.
“What’s needed now is results,” Orrick said. “It’s not enough to say good things and pat ourselves on our backs for what we’ve accomplished. It’s to finish the job.”
Burris, one of the lead plaintiff attorneys in the Allen case, said he's heard it all the before.
"Having been involved this case for almost 20 years. I was hoping that by now that the department would have the ability to police itself. Obviously that’s not the case,” Burris said. Of Warshaw’s report, he said, “It certainly won't help the judge feel better about the department.”
At the hearing in May, lawyers for police department said its internal culture has changed, touting Susan Manheimer’s appointment as interim police chief in March.
“I’ve seen the parade of chiefs, managers, commanders and consultants. But we have a new culture at OPD. We have a new command culture. We have a chief who is a leader in her industry,” said Rockne Lucia, an employment attorney with Rains Lucia Stern St. Phalle & Silver, PC who represents the police union. “From the union’s perspective, rank and file, we have seen a change from the top to the bottom.”
Burris said that “remains to be seen.”
“I want there to be a new culture I want things to change. I want this department to be a national leader in how it conducts its business. You don't know how they respond to the crisis until it occurs. I’m always optimistic. I want to be hopeful.”


courthousenews--2020-08-17--CDC: Hispanic Workers Bore Brunt of Workplace Covid Outbreaks in Utah

( CN ) — Hispanics make up less than a quarter of Utah ’ s workforce but accounted for 73 % of workplace outbreaks of Covid-19 , according to research published Monday by the U.S. Centers for Disease Control and Prevention .
Researchers at the Utah Department of Health analyzed outbreaks of the novel coronavirus that occurred in Utah between March and June across 15 industries , excluding health care and education workers .
Nearly two-thirds of verified workplace outbreaks occurred in manufacturing , wholesale trade and construction jobs .
Hispanic and nonwhite workers make up a quarter of Utah @ @ @ @ @ @ @ of Covid-19 cases related to workplace outbreaks .
“ These disparities might be driven , in part , by longstanding health and social inequities , resulting in the overrepresentation of Hispanic and nonwhite workers in frontline where risk for SARS-CoV-2 exposure might be higher than that associated with remote or nondirect–service work , ” the report explained .
SARS-CoV-2 is the virus that causes the respiratory disease Covid-19 which was first detected in Wuhan , China , last December .
The virus spreads easily among people in close contact .
In May , @ @ @ @ @ @ @ % of Hispanics nationwide were able to work from home , compared to 44 % of white people and 48 % of Asians .
During the spring research window , the Utah Department of Health confirmed 11,448 cases of Covid-19 , tracing 12 % of those cases to workplace outbreaks and 9 % of outbreaks to congregate living facilities or educational and health care workplaces .
Seventy-six percent of Utah ’ s 277 outbreaks as of June occurred in workplaces .
Utah closed restaurants and bars in mid-March to slow the spread of @ @ @ @ @ @ @ the beginning of May , so some industry outbreaks may have been prevented during much of the study .
During the study , the health department defined a workplace outbreak as “ the occurrence of two or more laboratory-confirmed Covid-19 cases occurring within the same 14-day period among coworkers in a common workplace.
” The study may not encompass all workplace outbreaks , since a number of people who contracted Covid-19 did not get tested or were not able to trace the origin of their infection .
Seventy-eight percent of cases — 8,978 @ @ @ @ @ @ @ specific outbreak .
Among wholesale trades , 377 per 100,000 workers became infected with Covid-19 and 339 per 100,000 workers infected in manufacturing .
While most outbreaks were concentrated among wholesale , manufacturing and construction , “ nearly all assessed industry sectors in Utah ” experienced Covid-19 outbreaks .
Besides Utah , outbreaks in meat processing plants occurred in three other states including Colorado .
The Utah Department of Health recommends workplaces reduce outbreaks by offering “ flexible work schedules , nonpunitive paid sick leave , and telework options ” and to ensure @ @ @ @ @ @ @ nonwhite workers as well as white workers .
Hospitalizations were slightly lower for workers who contracted the disease in a workplace outbreak , 6.1 % , compared to 7.6 % of other infections .
To date , Utah has confirmed 46,652 cases of Covid-19 and lost 364 people to the disease .
Nationwide , 5.42 million Americans have contracted the Covid-19 virus since March and 170,000 people have died .
Utah instituted a mask-wearing mandate in July and intends to reopen schools in September .

Hispanics make up less than a quarter of Utah’s workforce but accounted for 73% of workplace outbreaks of Covid-19, according to research published Monday by the U.S. Centers for Disease Control and Prevention.
(CN) — Hispanics make up less than a quarter of Utah’s workforce but accounted for 73% of workplace outbreaks of Covid-19, according to research published Monday by the U.S. Centers for Disease Control and Prevention.
Researchers at the Utah Department of Health analyzed outbreaks of the novel coronavirus that occurred in Utah between March and June across 15 industries, excluding health care and education workers.
Nearly two-thirds of verified workplace outbreaks occurred in manufacturing, wholesale trade and construction jobs. Hispanic and nonwhite workers make up a quarter of Utah's workforce but accounted for three-quarters of Covid-19 cases related to workplace outbreaks.
"These disparities might be driven, in part, by longstanding health and social inequities, resulting in the overrepresentation of Hispanic and nonwhite workers in frontline jobs where risk for SARS-CoV-2 exposure might be higher than that associated with remote or nondirect–service work,” the report explained.
SARS-CoV-2 is the virus that causes the respiratory disease Covid-19 which was first detected in Wuhan, China, last December. The virus spreads easily among people in close contact.
In May, the Pew Research Center found only 26% of Hispanics nationwide were able to work from home, compared to 44% of white people and 48% of Asians.
During the spring research window, the Utah Department of Health confirmed 11,448 cases of Covid-19, tracing 12% of those cases to workplace outbreaks and 9% of outbreaks to congregate living facilities or educational and health care workplaces.
Seventy-six percent of Utah's 277 outbreaks as of June occurred in workplaces.
Utah closed restaurants and bars in mid-March to slow the spread of Covid-19 then allowed them to reopen at the beginning of May, so some industry outbreaks may have been prevented during much of the study.
During the study, the health department defined a workplace outbreak as “the occurrence of two or more laboratory-confirmed Covid-19 cases occurring within the same 14-day period among coworkers in a common workplace."
The study may not encompass all workplace outbreaks, since a number of people who contracted Covid-19 did not get tested or were not able to trace the origin of their infection.
Seventy-eight percent of cases — 8,978 patients — were not connected to a specific outbreak.
Among wholesale trades, 377 per 100,000 workers became infected with Covid-19 and 339 per 100,000 workers infected in manufacturing.
While most outbreaks were concentrated among wholesale, manufacturing and construction, "nearly all assessed industry sectors in Utah" experienced Covid-19 outbreaks.
Besides Utah, outbreaks in meat processing plants occurred in three other states including Colorado.
The Utah Department of Health recommends workplaces reduce outbreaks by offering “flexible work schedules, nonpunitive paid sick leave, and telework options” and to ensure these options are available for Hispanic and nonwhite workers as well as white workers.
Hospitalizations were slightly lower for workers who contracted the disease in a workplace outbreak, 6.1%, compared to 7.6% of other infections.
To date, Utah has confirmed 46,652 cases of Covid-19 and lost 364 people to the disease. Nationwide, 5.42 million Americans have contracted the Covid-19 virus since March and 170,000 people have died.
Utah instituted a mask-wearing mandate in July and intends to reopen schools in September.