courthousenews--2020-12-04--Trump Administration to Open Up Oil and Gas Leases in Arctic Refuge

( CN ) — The Trump administration announced Thursday it was opening oil and gas lease allotments on the Arctic National Wildlife Refuge , with the potential to despoil some of the most pristine natural environment on Earth .
The sale of the leases is slated for Jan. 6 and could cap off one of the most embittered environmental battles spanning decades .
Environmentalists continue to insist the area should be left for roving herds of caribou , polar bears and other rare wildlife .
The Trump administration has made it a priority to open up the land to oil @ @ @ @ @ @ @ us to hold lease sales in the ANWR Coastal Plain , and we have taken a significant step in announcing the first sale in advance of the December 2021 deadline set by law , ” stated BLM Alaska State Director Chad Padgett .
“ Oil and gas from the Coastal Plain is an important resource for meeting our nation ’ s long-term energy demands and will help create jobs and economic opportunities.
” The Republican-controlled Congress did vote in 2017 to open up the coastal plain to development , but there are questions @ @ @ @ @ @ @ rush to sell the leases will withstand all-but-certain legal challenges .
A coalition of conservation and tribal groups have already filed suit against the environmental analysis portion of the plan , but the Trump administration has cut short a 30-day window for public comment to be able to schedule the sale of leases for a date two weeks out from President-elect Joe Biden ’ s inauguration .
Green groups are threatening a full-court press against both the administration and companies who bid on the allotments .
“ Today we put the oil industry @ @ @ @ @ @ @ Clark , president and CEO of Defenders of Wildlife in a Thursday statement .
“ Any oil companies that bid on lease sales for the coastal plain of Arctic National Wildlife Refuge should brace themselves for an uphill legal battle fraught with high costs and reputational risks.
” Oil and gas companies have been loath to take the Trump administration up on previous oil and gas leases that generated controversy .
In California , the BLM opened up dozens of oil and gas leases up and down the state , but have seen @ @ @ @ @ @ @ of it is reputational , as Clark noted , but another part is pure economics .
The price of oil is such that there isn ’ t a large incentive to begin new drilling operations at present .
Some of those who watch the energy sector closely believe the Biden administration ’ s approach to restricting drilling will be a boon for oil and gas companies as there is currently too much of the commodity on the market , driving down prices and profits .
Alaska Republican Senator Lisa Murkowski , a longtime @ @ @ @ @ @ @ Nov. 16 when the public comment period opened that the project faced “ headwinds from global economic conditions.
” Many Alaskans , including Matthew Rexford , the tribal administrator of Katovik , the only village inside the coastal plain , say the economic benefits of the project outweigh any environmental costs .
“ All impacts from exploration and development can be mitigated to preserve the area , ” Rexford told National Public Radio on Thursday .
Rexford has testified before Congress numerous times and said they have seen oil and gas development done @ @ @ @ @ @ @ , arguing the impact to wildlife like polar bears would be minimal .
“ The Arctic Iñupiat will not become conservation refugees , ” Rexford said while appearing before Congress during hearings in 2017 .
“ We do not approve of efforts to turn our homeland into one giant national park , which literally guarantees us a fate with no economy , no jobs , reduced subsistence and no hope for the future of our people.
” But Rexford and his allies face an uphill battle .
An array of banks , including @ @ @ @ @ @ @ , have made pledges not to finance projects in the wildlife refuge .
The coastal plain , known as the 1002 area , encompasses about 1.6 million acres , which represents about 8 % of the total land in the refuge .
Geologists predict it contains billions of barrels of oil .
Whether that oil is ever extracted is an open question , as the Biden administration has made its intention to move away from fossil fuels and toward renewable energy .
Even if the Trump administration were to clear legal hurdles and @ @ @ @ @ @ @ planned , the incoming Biden administration could make obtaining a permit so onerous and time-consuming as to be cost-prohibitive .
For now , interested parties will watch the courts to see if groups file an injunction seeking to prevent the Jan. 6 sale and if the sale goes ahead , whether there will be buyers .

The Trump administration announced Thursday it was opening oil and gas lease allotments on the Arctic National Wildlife Refuge, with the potential to despoil some of the most pristine natural environment on Earth.
(CN) — The Trump administration announced Thursday it was opening oil and gas lease allotments on the Arctic National Wildlife Refuge, with the potential to despoil some of the most pristine natural environment on Earth.
The sale of the leases is slated for Jan. 6 and could cap off one of the most embittered environmental battles spanning decades. Environmentalists continue to insist the area should be left for roving herds of caribou, polar bears and other rare wildlife.
The Trump administration has made it a priority to open up the land to oil and gas development.
“Congress directed us to hold lease sales in the ANWR Coastal Plain, and we have taken a significant step in announcing the first sale in advance of the December 2021 deadline set by law,” stated BLM Alaska State Director Chad Padgett. “Oil and gas from the Coastal Plain is an important resource for meeting our nation’s long-term energy demands and will help create jobs and economic opportunities.”
The Republican-controlled Congress did vote in 2017 to open up the coastal plain to development, but there are questions about whether the Trump administration’s rush to sell the leases will withstand all-but-certain legal challenges.
A coalition of conservation and tribal groups have already filed suit against the environmental analysis portion of the plan, but the Trump administration has cut short a 30-day window for public comment to be able to schedule the sale of leases for a date two weeks out from President-elect Joe Biden’s inauguration.
Green groups are threatening a full-court press against both the administration and companies who bid on the allotments.
"Today we put the oil industry on notice,” said Jamie Rappaport Clark, president and CEO of Defenders of Wildlife in a Thursday statement. “Any oil companies that bid on lease sales for the coastal plain of Arctic National Wildlife Refuge should brace themselves for an uphill legal battle fraught with high costs and reputational risks."
Oil and gas companies have been loath to take the Trump administration up on previous oil and gas leases that generated controversy. In California, the BLM opened up dozens of oil and gas leases up and down the state, but have seen little activity as a result.
Part of it is reputational, as Clark noted, but another part is pure economics.
The price of oil is such that there isn’t a large incentive to begin new drilling operations at present. Some of those who watch the energy sector closely believe the Biden administration’s approach to restricting drilling will be a boon for oil and gas companies as there is currently too much of the commodity on the market, driving down prices and profits.
Alaska Republican Senator Lisa Murkowski, a longtime proponent of the project, noted on Nov. 16 when the public comment period opened that the project faced “headwinds from global economic conditions.”
Many Alaskans, including Matthew Rexford, the tribal administrator of Katovik, the only village inside the coastal plain, say the economic benefits of the project outweigh any environmental costs.
“All impacts from exploration and development can be mitigated to preserve the area,” Rexford told National Public Radio on Thursday.
Rexford has testified before Congress numerous times and said they have seen oil and gas development done in a responsible way throughout the state, arguing the impact to wildlife like polar bears would be minimal.
“The Arctic Iñupiat will not become conservation refugees,” Rexford said while appearing before Congress during hearings in 2017. “We do not approve of efforts to turn our homeland into one giant national park, which literally guarantees us a fate with no economy, no jobs, reduced subsistence and no hope for the future of our people.”
But Rexford and his allies face an uphill battle.
An array of banks, including the six largest in the United States, have made pledges not to finance projects in the wildlife refuge.
The coastal plain, known as the 1002 area, encompasses about 1.6 million acres, which represents about 8% of the total land in the refuge. Geologists predict it contains billions of barrels of oil.
Whether that oil is ever extracted is an open question, as the Biden administration has made its intention to move away from fossil fuels and toward renewable energy.
Even if the Trump administration were to clear legal hurdles and hold the sale on Jan. 6 as planned, the incoming Biden administration could make obtaining a permit so onerous and time-consuming as to be cost-prohibitive.
For now, interested parties will watch the courts to see if groups file an injunction seeking to prevent the Jan. 6 sale and if the sale goes ahead, whether there will be buyers.


courthousenews--2020-12-04--Covid Fraud, Part 2

Covid Fraud, Part 2

SAN DIEGO — Already facing felony mail fraud charges on suspicion of selling “ Covid-19 ‘ family resistance packs ’ @ @ @ @ @ apiece , the owners of Skinny Beach Med Spa now face charges of lying to @ @ @ @ @ .

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--2020-12-04--Fifth Circuit Takes Up Issue of Social Media Responsibility Following Dallas Police Shootings

NEW ORLEANS ( CN ) — Whether social media giants Twitter , Google and Facebook can be held liable for the deaths of five police officers in Dallas in July 2016 under the Antiterrorism Act came before the Fifth Circuit Thursday afternoon after the case was dismissed last year by a federal judge in Texas .
“ Everyone is essentially always giving these companies a pass , ” plaintiff attorney Keith Altman said during his rebuttal Thursday .
Shortly before then he characterized the platforms as having almost been given “ immunity ” because , he said , “ no @ @ @ @ @ @ @ substantial they are in helping to spread radicalization or provide direct contact between radical group leaders and those interested in joining their movements .
But attorney Ari Holtzblatt who represents the social media giants told the three-judge panel that the plaintiffs ’ lawsuit never so much as alleged that “ Hamas called for police shootings.
” Holtzblatt argued that under the Antiterrorism Act , Hamas or another terrorism organization would have had to have been involved .
In her Dec. 5 , 2019 opinion dismissing the case from U.S. Northern District of Texas @ @ @ @ @ @ @ plaintiffs needed to prove some degree of directness between the material support they allege the social media platforms provided and the attack itself .
Boyle , an appointee of George W. Bush , concluded in her opinion that “ plaintiffs fail to plead a sufficient connection between defendants ’ material support and the Dallas shooting.
” Secondly , she found that a close enough connection had not been established between Hamas and the shooting .
Boyle ’ s order characterized this case as just the “ latest in a string of lawsuits ” @ @ @ @ @ @ @ to hold social media platforms responsible for shootings and attacks nationwide with the argument that “ the platforms enabled international terrorist organizations to radicalize the attacks ’ perpetrators.
” The case relates to the July 7 , 2016 incident in which Micah Johnson attacked and killed five police officers and injured nine others during a Black Lives Matter protest in Dallas following political unrest over the police shooting deaths of two Black men earlier in the month .
Alton Sterling was shot by police outside of a corner store in Baton Rouge just @ @ @ @ @ @ @ one day later , on July 6 , Philando Castille was shot by police during a traffic stop in Minneapolis .
Johnson , an Army Reserve Afghan War veteran , was killed by a robot designed by police directly after the shooting .
He had reportedly said earlier on that the ambush and slayings were motivated by his anger over police violence against Black men .
Plaintiffs in the case are Jesus Retana , who was injured by the shooting , and Retana ’ s husband Andrew Moss .
In their lawsuit , @ @ @ @ @ @ @ the Facebook pages of the New Black Panther Party , Nation of Islam and Black Riders Liberation Army and that three are listed by the Southern Poverty Law Center as hate groups .
U.S .
Circuit judges on Thursday ’ s panel were Jacques Wiener Jr. , an appointee of George H. W. Bush , Gregg Costa , an appointee of Barack Obama and Don R. Willett , an appointee of Donald Trump .
They did not indicate when or how they will rule .

Whether social media giants Twitter, Google and Facebook can be held liable for the deaths of five police officers in Dallas in July 2016 under the Antiterrorism Act came before the Fifth Circuit Thursday afternoon after the case was dismissed last year by a federal judge in Texas.
NEW ORLEANS (CN) — Whether social media giants Twitter, Google and Facebook can be held liable for the deaths of five police officers in Dallas in July 2016 under the Antiterrorism Act came before the Fifth Circuit Thursday afternoon after the case was dismissed last year by a federal judge in Texas.
“Everyone is essentially always giving these companies a pass,” plaintiff attorney Keith Altman said during his rebuttal Thursday. Shortly before then he characterized the platforms as having almost been given “immunity” because, he said, “no one wants to find out” how substantial they are in helping to spread radicalization or provide direct contact between radical group leaders and those interested in joining their movements.
But attorney Ari Holtzblatt who represents the social media giants told the three-judge panel that the plaintiffs’ lawsuit never so much as alleged that “Hamas called for police shootings.”
Holtzblatt argued that under the Antiterrorism Act, Hamas or another terrorism organization would have had to have been involved.
In her Dec. 5, 2019 opinion dismissing the case from U.S. Northern District of Texas, Judge Jane Boyle found that the plaintiffs needed to prove some degree of directness between the material support they allege the social media platforms provided and the attack itself.
Boyle, an appointee of George W. Bush, concluded in her opinion that “plaintiffs fail to plead a sufficient connection between defendants’ material support and the Dallas shooting.”
Secondly, she found that a close enough connection had not been established between Hamas and the shooting.
Boyle’s order characterized this case as just the “latest in a string of lawsuits” that have been brought in an attempt to hold social media platforms responsible for shootings and attacks nationwide with the argument that “the platforms enabled international terrorist organizations to radicalize the attacks’ perpetrators.”
The case relates to the July 7, 2016 incident in which Micah Johnson attacked and killed five police officers and injured nine others during a Black Lives Matter protest in Dallas following political unrest over the police shooting deaths of two Black men earlier in the month.
Alton Sterling was shot by police outside of a corner store in Baton Rouge just after midnight on July 5, and one day later, on July 6, Philando Castille was shot by police during a traffic stop in Minneapolis.
Johnson, an Army Reserve Afghan War veteran, was killed by a robot designed by police directly after the shooting. He had reportedly said earlier on that the ambush and slayings were motivated by his anger over police violence against Black men.
Plaintiffs in the case are Jesus Retana, who was injured by the shooting, and Retana’s husband Andrew Moss. In their lawsuit, they allege that Johnson “liked” the Facebook pages of the New Black Panther Party, Nation of Islam and Black Riders Liberation Army and that three are listed by the Southern Poverty Law Center as hate groups.
U.S. Circuit judges on Thursday’s panel were Jacques Wiener Jr., an appointee of George H. W. Bush, Gregg Costa, an appointee of Barack Obama and Don R. Willett, an appointee of Donald Trump. They did not indicate when or how they will rule.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight stories for today including business closures and three-week lockdowns are headed for California counties experiencing hospital surges ; The Census Bureau made little effort to allay concern from lawmakers about delays to the decennial count ; Courthouse News filed a motion to unseal Georgia Senator David Perdue ’ s deposition and other documents in litigation stemming from his time as CEO of Dollar General , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to @ @ @ @ @ @ @ . )
Twenty-four hours after an anonymous data leak suggested delays to the decennial count already steeped in controversy , the Census Bureau made little effort Thursday to allay concern from lawmakers .
2 . )
On Thursday , Courthouse News , with the help of the Local Legal Initiative of the Reporters Committee for Freedom of Press , filed a motion to unseal Georgia Senator David Perdue ’ s deposition and other documents in litigation stemming from his time as CEO of Dollar General .
3 . )
President-elect Joe Biden appointed @ @ @ @ @ @ @ within his incoming administration , despite fierce opposition to Deese among some climate activists .
4 . )
On the same morning Facebook announced it will begin removing misinformation about Covid-19 vaccines on both its Facebook and Instagram platforms , the media giant confirmed Thursday that it is making algorithm changes to crack down on hate speech .
5 . )
Business closures and three-week lockdowns are headed for California counties experiencing hospital surges under a new framework announced Thursday by Governor Gavin Newsom .
6 . )
A week after the divided @ @ @ @ @ @ @ houses of worship , the U.S. Supreme Court granted an emergency injunction Thursday to a California church facing similar restrictions .
7 . )
A Romanian taxi-hailing app is an information service , not a transportation company , and shouldn ’ t have been fined for not seeking regulatory approval , the EU ’ s highest court held Thursday .
8 . )
Hungary ’ s far-right government suffered a legal setback Thursday in its effort to stop the European Union from treating it as a dangerously undemocratic nation where the rule of @ @ @ @ @

Top eight stories for today including business closures and three-week lockdowns are headed for California counties experiencing hospital surges; The Census Bureau made little effort to allay concern from lawmakers about delays to the decennial count; Courthouse News filed a motion to unseal Georgia Senator David Perdue’s deposition and other documents in litigation stemming from his time as CEO of Dollar General, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight stories for today including business closures and three-week lockdowns are headed for California counties experiencing hospital surges; The Census Bureau made little effort to allay concern from lawmakers about delays to the decennial count; Courthouse News filed a motion to unseal Georgia Senator David Perdue’s deposition and other documents in litigation stemming from his time as CEO of Dollar General, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Twenty-four hours after an anonymous data leak suggested delays to the decennial count already steeped in controversy, the Census Bureau made little effort Thursday to allay concern from lawmakers.
A briefcase of a census taker is seen as she knocks on the door of a residence Tuesday, Aug. 11, 2020, in Winter Park, Fla. A half-million census takers head out en mass this week to knock on the doors of households that haven't yet responded to the 2020 census. (AP Photo/John Raoux)
2.) On Thursday, Courthouse News, with the help of the Local Legal Initiative of the Reporters Committee for Freedom of Press, filed a motion to unseal Georgia Senator David Perdue’s deposition and other documents in litigation stemming from his time as CEO of Dollar General.
Republican candidate for Senate Sen. David Perdue speaks during a campaign stop at Peachtree Dekalb Airport Monday, Nov. 2, 2020, in Atlanta. The outcome in several contested states will determine whether Joe Biden defeats President Donald Trump. But if the Democratic challenger wins, the ambitions of a Biden presidency could well come down to Georgia. (AP Photo/John Bazemore)
3.) President-elect Joe Biden appointed Brian Deese as a key economic adviser within his incoming administration, despite fierce opposition to Deese among some climate activists.
President-elect Joe Biden speaks to reporters as he leaves The Queen theater, Wednesday, Nov. 18, 2020, in Wilmington, Del. (AP Photo/Andrew Harnik)
4.) On the same morning Facebook announced it will begin removing misinformation about Covid-19 vaccines on both its Facebook and Instagram platforms, the media giant confirmed Thursday that it is making algorithm changes to crack down on hate speech.
FILE - In this Aug. 2, 2018, file photo, a protester holding a Q sign waits in line with others to enter a campaign rally with President Donald Trump in Wilkes-Barre, Pa. Facebook says on Wednesday, Aug. 19, 2020, it will restrict QAnon and stop recommending that users join groups supporting it, but the company is stopping short of banning the right-wing conspiracy movement outright. (AP Photo/Matt Rourke, File)
Regional
5.) Business closures and three-week lockdowns are headed for California counties experiencing hospital surges under a new framework announced Thursday by Governor Gavin Newsom.
6.) A week after the divided court blocked New York virus limits on houses of worship, the U.S. Supreme Court granted an emergency injunction Thursday to a California church facing similar restrictions.
The Cathedral of Our Lady of the Angels is seen empty without its congregation on Holy Friday, April 10, 2020, as Los Angeles Archbishop Jose H. Gomez, second from left, leads the nation's Catholics in praying during a National Moment of Prayer in Los Angeles. The California Department of Public Health released a framework under which county health departments can approve the reopening of churches, mosques, synagogues and other houses of worship that have mostly shuttered their doors since Gov. Gavin Newsom's March stay-at-home order designed to slow the spread of the coronavirus. California churches can resume in-person services but worshippers will be limited to 100 people and they should wear masks, avoid sharing prayer books and skip the collection plate under state guidelines released Monday, May 25. (AP Photo/Damian Dovarganes, Pool)
International
7.) A Romanian taxi-hailing app is an information service, not a transportation company, and shouldn’t have been fined for not seeking regulatory approval, the EU’s highest court held Thursday.
(Photo by MichaelGaida from Pixabay)
8.) Hungary’s far-right government suffered a legal setback Thursday in its effort to stop the European Union from treating it as a dangerously undemocratic nation where the rule of law is in jeopardy.


Freedom of Information

SAN FRANCISCO — The Ninth Circuit held that the Center for Investigative Reporting is entitled to make a FOIA request @ @ @ @ @ from the Bureau of Alcohol , Tobacco , Firearms , and Explosives .
The so-called @ @ @ @ @ Appropriations Acts of 2005 , 2006 , 2010 , and 2012 does not exempt the @ @ @ @ @


Campaign Expenses

WASHINGTON — A federal judge ruled the Campaign Legal Center lacks standing to bring a claim under the Federal Election @ @ @ @ @ ’ s 2016 presidential campaign and a super PAC unlawfully coordinated on over $ 6 @ @ @ @ @ s expenditures .
The center has no cognizable interest in a legal determination of whether @ @ @ @ @ and therefore can not challenge the FEC ’ s decision not to investigate .


E-Cigarette Regulation

WASHINGTON — The D.C .
Circuit affirmed the FDA ’ s ruling determining that e-cigarettes are “ tobacco products ” @ @ @ @ @ Family Smoking Prevention and Tobacco Control Act , over e-cigarette industry objections .


Pipeline Ownership

HOUSTON — A federal judge found that the Department of Interior erred in assigning 12 rights-of-way to a pipeline operator @ @ @ @ @ , making it liable for the costly enterprise of maintaining the pipelines .
The pipeline @ @ @ @ @ opportunity to be heard before the department makes its decision about the firm ’ s @ @ @ @ @


courthousenews--2020-12-04--Judge Orders Strict Covid Measures at ICE Detention Center

SAN FRANCISCO ( CN ) — Citing the “ abominable performance of those who run it , ” a federal judge Thursday ordered a privately-run California detention center to enact strict Covid-19 containment measures , finding immigration officials and contractors “ can not be trusted on their own to provide reasonably safe conditions to detainees.
” Under an injunction issued by U.S. District Judge Vincent Chhabria , the Mesa Verde ICE Processing Center near Bakersfield , California must cap the number of detainees housed in each dorm at 26 , isolate the sick and administer rapid-results tests to all detainees @ @ @ @ @ @ @ “ If a detainee tests positive and is in a dorm , the defendants shall immediately offer tests to all other detainees in that dorm , as well as any other detainees who had close contact with the detainee who tested positive .
The dorm , and any close contacts , shall also be quarantined for 14 days , ” Chhabria wrote in his 26-page order Thursday .
“ If any detainee refuses testing , the defendants shall report that fact to class counsel within two hours , and shall re-offer a test @ @ @ @ @ @ @ counsel.
” The facility run by Immigration and Customs Enforcement contractor GEO Group has been under a strict temporary restraining order following a critical outbreak over the summer , one that Chhabria found they were unprepared for and did little to try to prevent .
At the height of the outbreak , there were 103 detainees at Mesa Verde and 57 tested positive for Covid-19 .
Three were hospitalized .
According to a status report submitted to the court on Wednesday , 24 of the current 45 detainees at Mesa Verde have tested @ @ @ @ @ @ @ and all have since recovered .
There are 12 GEO Group employees and one medical staff member who are off work after testing positive .
ICE and GEO Group have asked that the restraining order be lifted now that the outbreak has abated , an idea Chhabria roundly rejected .
“ This argument is impossible to accept , particularly given the unique layout of the facility and the abominable performance of those who run it , ” he wrote .
“ Not to mention the recent surge in Covid-19 cases among facility staff @ @ @ @ @ @ @ of if not for the temporary restraining order.
” In June , Chhabria ordered ICE to stop admitting new detainees to Mesa Verde without first ensuring they have proper testing protocols in place and a plan to isolate those who are positive .
He made the order just after Alexander Pham , an ICE officer in charge of overseeing the facility at the time , admitted to falsely stating that new arrivals from other facilities with Covid-19 outbreaks were being isolated for 14 days when in fact they were putting all new intakes @ @ @ @ @ @ @ them .
By the end of July , there was still no site-specific contingency plan in place and ICE resisted testing , even as cases began rising rapidly .
His Thursday ruling follows a week-long evidentiary hearing on Covid-19 safeguards at Mesa Verde , where Chhabria uncovered another agency attempt to cover up its indifference to the health risks at the facility .
He found Deputy Field Office Director Erik Bonnar falsely testified that he decided to try to empty out the women ’ s dorm back in March .
Under questioning by @ @ @ @ @ @ @ emails to support this assertion , since all the discussions took place in-person at his office .
Bonnar then admitted that he had been working from home since March .
“ Considering these facts and the entire record in this case , along with Bonnar ’ s demeanor during the hearing , the court has no choice but to find that Bonnar ’ s testimony is false , ” Chhabria wrote .
“ These false statements made under oath regarding the women ’ s dorm , along with the false declaration from Pham @ @ @ @ @ @ @ detainees , further underscore that the defendants can not be trusted to conduct themselves responsibly as it relates to the safety of the detainees.
” ICE and GEO Group did not respond to emails seeking comment Thursday .

Citing the “abominable performance of those who run it,” a federal judge Thursday ordered a privately-run California detention center to enact strict Covid-19 containment measures, finding immigration officials and contractors “cannot be trusted on their own to provide reasonably safe conditions to detainees.”
SAN FRANCISCO (CN) — Citing the “abominable performance of those who run it,” a federal judge Thursday ordered a privately-run California detention center to enact strict Covid-19 containment measures, finding immigration officials and contractors “cannot be trusted on their own to provide reasonably safe conditions to detainees.”
Under an injunction issued by U.S. District Judge Vincent Chhabria, the Mesa Verde ICE Processing Center near Bakersfield, California must cap the number of detainees housed in each dorm at 26, isolate the sick and administer rapid-results tests to all detainees and staff on a weekly basis.
"If a detainee tests positive and is in a dorm, the defendants shall immediately offer tests to all other detainees in that dorm, as well as any other detainees who had close contact with the detainee who tested positive. The dorm, and any close contacts, shall also be quarantined for 14 days,” Chhabria wrote in his 26-page order Thursday. “If any detainee refuses testing, the defendants shall report that fact to class counsel within two hours, and shall re-offer a test to that detainee after communicating with class counsel.”
The facility run by Immigration and Customs Enforcement contractor GEO Group has been under a strict temporary restraining order following a critical outbreak over the summer, one that Chhabria found they were unprepared for and did little to try to prevent.
At the height of the outbreak, there were 103 detainees at Mesa Verde and 57 tested positive for Covid-19. Three were hospitalized.
According to a status report submitted to the court on Wednesday, 24 of the current 45 detainees at Mesa Verde have tested positive for Covid-19 at some point, and all have since recovered.
There are 12 GEO Group employees and one medical staff member who are off work after testing positive.
ICE and GEO Group have asked that the restraining order be lifted now that the outbreak has abated, an idea Chhabria roundly rejected.
“This argument is impossible to accept, particularly given the unique layout of the facility and the abominable performance of those who run it,” he wrote. “Not to mention the recent surge in Covid-19 cases among facility staff — cases we might still be unaware of if not for the temporary restraining order.”
In June, Chhabria ordered ICE to stop admitting new detainees to Mesa Verde without first ensuring they have proper testing protocols in place and a plan to isolate those who are positive.
He made the order just after Alexander Pham, an ICE officer in charge of overseeing the facility at the time, admitted to falsely stating that new arrivals from other facilities with Covid-19 outbreaks were being isolated for 14 days when in fact they were putting all new intakes into the general population dorms without testing them.
By the end of July, there was still no site-specific contingency plan in place and ICE resisted testing, even as cases began rising rapidly.
His Thursday ruling follows a week-long evidentiary hearing on Covid-19 safeguards at Mesa Verde, where Chhabria uncovered another agency attempt to cover up its indifference to the health risks at the facility.
He found Deputy Field Office Director Erik Bonnar falsely testified that he decided to try to empty out the women’s dorm back in March. Under questioning by Chhabria, Bonnar said there were no emails to support this assertion, since all the discussions took place in-person at his office. Bonnar then admitted that he had been working from home since March.
“Considering these facts and the entire record in this case, along with Bonnar’s demeanor during the hearing, the court has no choice but to find that Bonnar’s testimony is false,” Chhabria wrote. “These false statements made under oath regarding the women’s dorm, along with the false declaration from Pham about how Mesa Verde was handling incoming detainees, further underscore that the defendants cannot be trusted to conduct themselves responsibly as it relates to the safety of the detainees.”
GEO Group did not respond to an email request for comment Thursday. An ICE spokesperson said the agency is reviewing Chhabria’s decision but declined to comment further.


Trademark

MIAMI — A federal judge denied summary judgment to Wenger , the owner of travel baggage maker SwissGear , in @ @ @ @ @ competitor , SwissBrand .
Both companies use the iconic Swiss cross in their branding .


courthousenews--2020-12-04--House Prepares for Historic Vote on Marijuana Decriminalization

WASHINGTON ( CN ) — Nearly two dozen bills were discussed in the House Thursday , with lawmakers largely focusing on setting up rules for debate Friday on the federal decriminalization of marijuana .
The Marijuana Opportunity Reinvestment and Expungement Act , or MORE Act , was first introduced in July of last year to decriminalize cannabis .
If passed by the Senate and signed into law by the president , it would remove marijuana from being listed on the Controlled Substances Act .
The bill is not expected to clear either hurdle .
Along with a program for those @ @ @ @ @ @ @ convictions , the MORE Act would impose a 5 % federal tax on cannabis products in recreational states , which would fund businesses and communities impacted by the war on drugs .
The bill also would make Small Business Administration loans available to cannabis-focused industries , restrict the denial of federal benefits due to cannabis-related convictions and direct the Government Accountability Office to study marijuana legalization ’ s societal impact .
A vote on the bill ’ s passage is expected Friday .
Rules Committee Chairman Jim McGovern said from the House floor @ @ @ @ @ @ @ over half of U.S. drug arrests are related to cannabis use or possession .
Disproportionately , he said , those arrests were focused on communities and individuals of color .
“ If people want to know what systemic racism is , look at how our drug laws are enforced in this country , ” McGovern said .
“ If you looked like me and you were caught with a small amount of cannabis , you would probably get off with a very , very light sentence , if anything .
But if the @ @ @ @ @ @ @ brown , it ’ s a whole different story.
” He added : “ Our system of drug laws is what systemic racism is in this country.
” Many members on both sides of the aisle bid farewell to Congressman Rob Woodall , a Georgia Republican , who announced he would not seek reelection last year .
Woodall opened opposition to the MORE Act for Republicans , saying he respected his colleagues ’ position on the issue , but lamented the bill had no Republican input in its drafting .
Without a strategic @ @ @ @ @ @ @ , “ good ideas do die.
” “ The racial equities that my friend talks about deserve better than to be part of a partisan package that goes nowhere , ” Woodall said .
“ The generational disparities that my friend from Massachusetts talks about , deserve better than to be part of a package that has been cobbled together for the floor rather than built together for the president ’ s desk.
” Arizona Congresswoman Debbie Lesko , a Republican , said she thought it was crazy Democrats were focused on the @ @ @ @ @ @ @ on providing additional Covid-19 relief .
Incorrectly saying the bill would legalize marijuana nationwide , Lesko then criticized efforts to remove flavored tobacco products from national markets — but not limiting flavors of cannabis edibles .
However , Congressman Earl Blumenauer — an Oregon Democrat who co-chairs the Congressional Cannabis Caucus — noted it was with “ no small amount of irony ” that Lesko ’ s own home state voted to legalize marijuana .
A more than $ 17 billion industry employing 250,000 , he said , the legislation was an opportunity @ @ @ @ @ @ @ failed war on drugs , ” that had destroyed hundreds of thousands of young Black lives .
“ Listening to my colleague from Arizona , sort of made my head hurt , ” Blumenauer said .
“ This legislation does not legalize cannabis across the country .
What it does is it stops the federal government from interfering with what states have decided to do.
” The House debated a myriad of bills Thursday , including legislation expanding the effort to offer war crimes rewards — authorizing the Secretary of State to gift @ @ @ @ @ @ @ leaders and other wanted individuals .
Another bill amending the Small Business Act to establish a community lending program also was debated .
Two Congressional proclamations — one expressing disapproval of Russian officials meddling in U.S. interests and another condemning Russian imprisonment of political opponents — were debated , along with a bill expressing concern over the abduction of Austin Tice , a journalist .
Representative Al Green , who sponsored the bill concerning Tice — abducted at the Syrian border nearly a decade ago — said his mission of mercy to free @ @ @ @ @ @ @ “ He believed in helping other people , this is why he went to Syria , ” Green said .
“ He went to those places where few of us would dare to go and he went because he wanted the world to know what ’ s happening in these distant places.
” One bill , restricting private ownership of big cats — in part , a Congressional response to criminal activity displayed in the Netflix series , “ Tiger King ” — passed the House by a 272-114 vote .

Nearly two dozen bills were discussed in the House Thursday, with lawmakers largely focusing on setting up rules for debate Friday on the federal decriminalization of marijuana.
WASHINGTON (CN) — Nearly two dozen bills were discussed in the House Thursday, with lawmakers largely focusing on setting up rules for debate Friday on the federal decriminalization of marijuana.
The Marijuana Opportunity Reinvestment and Expungement Act, or MORE Act, was first introduced in July of last year to decriminalize cannabis.
If passed by the Senate and signed into law by the president, it would remove marijuana from being listed on the Controlled Substances Act. The bill is not expected to clear either hurdle.
Along with a program for those charged with marijuana crimes to expunge their convictions, the MORE Act would impose a 5% federal tax on cannabis products in recreational states, which would fund businesses and communities impacted by the war on drugs.
The bill also would make Small Business Administration loans available to cannabis-focused industries, restrict the denial of federal benefits due to cannabis-related convictions and direct the Government Accountability Office to study marijuana legalization’s societal impact.
A vote on the bill’s passage is expected Friday.
Rules Committee Chairman Jim McGovern said from the House floor Thursday it was not hyperbole to say over half of U.S. drug arrests are related to cannabis use or possession. Disproportionately, he said, those arrests were focused on communities and individuals of color.
“If people want to know what systemic racism is, look at how our drug laws are enforced in this country,” McGovern said. “If you looked like me and you were caught with a small amount of cannabis, you would probably get off with a very, very light sentence, if anything. But if the color of your skin were black or brown, it’s a whole different story.”
He added: “Our system of drug laws is what systemic racism is in this country.”
Many members on both sides of the aisle bid farewell to Congressman Rob Woodall, a Georgia Republican, who announced he would not seek reelection last year.
Woodall opened opposition to the MORE Act for Republicans, saying he respected his colleagues’ position on the issue, but lamented the bill had no Republican input in its drafting.
Without a strategic partnership with Republican backing, Woodall said, “good ideas do die.”
“The racial equities that my friend talks about deserve better than to be part of a partisan package that goes nowhere,” Woodall said. “The generational disparities that my friend from Massachusetts talks about, deserve better than to be part of a package that has been cobbled together for the floor rather than built together for the president’s desk.”
Arizona Congresswoman Debbie Lesko, a Republican, said she thought it was crazy Democrats were focused on the MORE Act, instead of focusing efforts on providing additional Covid-19 relief. Incorrectly saying the bill would legalize marijuana nationwide, Lesko then criticized efforts to remove flavored tobacco products from national markets — but not limiting flavors of cannabis edibles.
However, Congressman Earl Blumenauer — an Oregon Democrat who co-chairs the Congressional Cannabis Caucus — noted it was with “no small amount of irony” that Lesko’s own home state voted to legalize marijuana.
A more than $17 billion industry employing 250,000, he said, the legislation was an opportunity to “strike a blow against the failed war on drugs,” that had destroyed hundreds of thousands of young Black lives.
“Listening to my colleague from Arizona, sort of made my head hurt,” Blumenauer said. “This legislation does not legalize cannabis across the country. What it does is it stops the federal government from interfering with what states have decided to do.”
The House debated a myriad of bills Thursday, including legislation expanding the effort to offer war crimes rewards — authorizing the Secretary of State to gift monetary prizes for the arrest of genocidal leaders and other wanted individuals.
Another bill amending the Small Business Act to establish a community lending program also was debated. Two Congressional proclamations — one expressing disapproval of Russian officials meddling in U.S. interests and another condemning Russian imprisonment of political opponents — were debated, along with a bill expressing concern over the abduction of Austin Tice, a journalist.
Representative Al Green, who sponsored the bill concerning Tice — abducted at the Syrian border nearly a decade ago — said his mission of mercy to free Tice has spanned nearly eight years.
“He believed in helping other people, this is why he went to Syria,” Green said. “He went to those places where few of us would dare to go and he went because he wanted the world to know what’s happening in these distant places.”
One bill, restricting private ownership of big cats — in part, a Congressional response to criminal activity displayed in the Netflix series, “Tiger King” — passed the House by a 272-114 vote.


courthousenews--2020-12-04--Minor League Team Sues Yankees After Its Affiliation Was Pulled

( CN ) — A minor league baseball team is suing the New York Yankees and Major League Baseball after being stripped of its affiliation with the major league ballclub .
In a lawsuit filed on Thursday , the Staten Island Yankees allege the Yankees have violated their contractual obligations and announced they were ceasing operations .
“ By unilaterally ending any affiliation with the SI Yankees , Defendants have breached their contractual obligations to the SI Yankees , violated numerous promises made to the SI Yankees , tortiously interfered with the SI Yankees ’ contracts and caused the loss @ @ @ @ @ @ @ and enterprise value , ” the complaint states .
“ Defendants ’ conduct has also dealt a serious blow to the Staten Island economy.
” The Staten Island Yankees are one of 40 minor league clubs that were casualties in Major League Baseball ’ s yet-to-be finalized realignment plan .
“ MLB has unilaterally ended its joint venture with MiLB , ” the lawsuit says .
“ In doing so , MLB openly conceded that it wanted to impose ‘ crippling economics ’ on the 160 MiLB teams by employing a ‘ divide @ @ @ @ @ @ @ ’ s affiliation with 40 teams ( which will put most into insolvency ) , and putting the other 120 teams under its direct control .
“ MLB has explicitly threatened that if MiLB does not comply with its demand , it intends to impose ‘ crippling economics ’ on MiLB teams that would force most of those teams out of business.
” According to the complaint , the Yankees made several false promises to the Staten Island club before taking “ unilateral and unauthorized actions to effectively dissolve the NY-Penn League , @ @ @ @ @ @ @ , kick the SI Yankees out of the SI Stadium , deny the SI Yankees any future players or coaches , and put the SI Yankees out of business.
” “ Defendants ’ current efforts to take over MiLB , and enrich themselves in the process , are in direct violation of numerous promises that they made to the SI Yankees in the past , ” the lawsuit alleges .
The Yankees promised Nostalgic , which has owned the Staten Island club since 2011 , that “ the NY Yankees would remain affiliated @ @ @ @ @ @ @ the SI Yankees with players and coaches.
” Minor League teams have paid Major League Baseball 8 % of their ticket sales as part of their long standing Professional Baseball Agreement .
“ Unsatisfied with its billions in revenues , MLB is now trying to destroy the independence of MiLB and , in doing so , put 40 MiLB teams into insolvency , ” the complaint says .
“ And MLB , in a move to further enrich itself , now wants to control , and not just partner with , MiLB.
” @ @ @ @ @ @ @ the Yankees announced they were downsizing their minor league affiliates from 10 teams to six and they planned to field a different team in Staten Island .
In a statement released Thursday , the Staten Island Yankees said they would be forced to “ field a subpar team with players that have no connection to the Yankees farm system.
” The Staten Island club says in the lawsuit that they learned of their fate in the news , not directly from the New York Yankees .
After the Staten Island club contacted the @ @ @ @ @ @ @ Yankees doubled down on their assertion that they were “ within their contractual rights ” to “ abandon the SI Yankees and destroy their business.
” In addition to breaching their contract , the Staten Island club contends that the Yankees have violated the New York Franchise Sales Act by failing to file an offering prospectus .
Nostalgia is represented by attorney James Quinn of the New York-based law firm Berg & Androphy .
Representatives for Nostalgia , the New York Yankees and Major League Baseball did not immediately respond to requests for @ @

A minor league baseball team is suing the New York Yankees and Major League Baseball after being stripped of its affiliation with the major league ballclub.
(CN) — A minor league baseball team is suing the New York Yankees and Major League Baseball after being stripped of its affiliation with the major league ballclub.
In a lawsuit filed on Thursday, the Staten Island Yankees allege the Yankees have violated their contractual obligations and announced they were ceasing operations.
“By unilaterally ending any affiliation with the SI Yankees, Defendants have
breached their contractual obligations to the SI Yankees, violated numerous promises made to the SI Yankees, tortiously interfered with the SI Yankees’ contracts and caused the loss of the SI Yankees’ entire business and enterprise value,” the complaint states. “Defendants’ conduct has also dealt a serious blow to the Staten Island economy.”
The Staten Island Yankees are one of 40 minor league clubs that were casualties in Major League Baseball’s yet-to-be finalized realignment plan.
“MLB has unilaterally ended its joint venture with MiLB,” the lawsuit says. “In doing so, MLB openly conceded that it wanted to impose ‘crippling economics’ on the 160 MiLB teams by employing a ‘divide and conquer’ strategy, ending MLB’s affiliation with 40 teams (which will put most into insolvency), and putting the other 120 teams under its direct control.
“MLB has explicitly threatened that if MiLB does not comply with its demand, it intends to impose ‘crippling economics’ on MiLB teams that would force most of those teams out of business.”
According to the complaint, the Yankees made several false promises to the Staten Island club before taking “unilateral and unauthorized actions to effectively dissolve the NY-Penn League, end their affiliation with the SI Yankees, kick the SI Yankees out of the SI Stadium, deny the SI Yankees any future players or coaches, and put the SI Yankees out of business.”
“Defendants’ current efforts to take over MiLB, and enrich themselves in the process, are in direct violation of numerous promises that they made to the SI Yankees in the past,” the lawsuit alleges.
The Yankees promised Nostalgic, which has owned the Staten Island club since 2011, that “the NY Yankees would remain affiliated with the SI Yankees and would provide the SI Yankees with players and coaches.”
Minor League teams have paid Major League Baseball 8% of their ticket sales as part of their long standing Professional Baseball Agreement.
“Unsatisfied with its billions in revenues, MLB is now trying to destroy the independence of MiLB and, in doing so, put 40 MiLB teams into insolvency,” the complaint says. “And MLB, in a move to further enrich itself, now wants to control, and not just partner with, MiLB.”
In a statement released Nov. 7, the Yankees announced they were downsizing their minor league affiliates from 10 teams to six and they planned to field a different team in Staten Island.
In a statement released Thursday, the Staten Island Yankees said they would be forced to “field a subpar team with players that have no connection to the Yankees farm system.”
The Staten Island club says in the lawsuit that they learned of their fate in the news, not directly from the New York Yankees. After the Staten Island club contacted the Yankees to express its dismay, the Yankees doubled down on their assertion that they were “within their contractual rights” to “abandon the SI Yankees and destroy their business.”
In addition to breaching their contract, the Staten Island club contends that the Yankees have violated the New York Franchise Sales Act by failing to file an offering prospectus.
Nostalgia is represented by attorney James Quinn of the New York-based law firm Berg & Androphy.
Representatives for Nostalgia, the New York Yankees and Major League Baseball did not immediately respond to requests for comment.


Immigrant Boy

SAN FRANCISCO — The Ninth Circuit on Friday extended a medical stay of deportation for a Guatemalan boy who needed @ @ @ @ @ the case to federal court with instructions to examine new evidence in his initial temporary @ @ @ @


courthousenews--2020-12-05--LA Renters, Attorneys Demand Suspension of Eviction Proceedings Due to Covid

LOS ANGELES ( CN ) — As Los Angeles County hurtles to another severe stay-at-home lockdown due to a post-holiday Covid-19 surge , attorneys and clients want eviction trials and other court hearings to be put on hold because they say courtrooms are too crowded .
On Friday , a group of eviction defense attorneys and their clients made their plea outside a downtown LA courthouse , just days after public health officials stressed the need to avoid contact with strangers in enclosed spaces .
LA County Superior Court mandates the use of masks , spaces out seating and follows @ @ @ @ @ @ @ the virus .
But that ’ s a tepid response when people sit in a courtroom without windows and next to strangers for several hours at a time .
In recent weeks , LA County Public Health confirmed seven cases of Covid-19 at the Stanley Mosk Courthouse .
“ It ’ s a nightmare , ” said Lynn Byers , who has been fighting her eviction case in court for the last several months .
“ There are no temperature checks at the doors .
People walk about with their masks under their @ @ @ @ @ @ @ To Byers , the courthouse feels like an unsafe environment and a judge has refused to postpone her trial date .
“ I just watch them move ahead with the trial .
I have a 90-year-old mother I sometimes take care of and the court can ’ t just wait a few months until this Covid situation dies down ?
” Byers said outside the Stanley Mosk Courthouse while wearing a cloth face mask and plastic eyeglasses .
She was surrounded by many more tenants and attorneys who argue the courts appear to @ @ @ @ @ @ @ As of Thursday , over 420,000 Angelenos have tested positive for the virus and over 7,700 have died since the start of the pandemic .
On Friday , the county reported 8,860 new cases and 60 deaths in a single day .
In March , LA County Superior Court Presiding Judge Kevin Brazile suspended all non-emergency court hearings when little was known about the virus .
But by October , jury trials for unlawful detainer or eviction cases had resumed .
In the last month , LA residents like Byers watched as Covid-19 @ @ @ @ @ @ @ are on the verge of being inundated with Covid-19 patients and the persistent , widespread rate of infection forced health officials in late November to close outdoor dining at restaurants and limit other activities .
But county courthouses continue to operate with new infection control guidelines that many say don ’ t go far enough .
New guidelines and signage are now in place inside courthouses .
Masks are mandatory , hand sanitizer dispensers are spread throughout courtrooms and stickers designate seating .
Still , elevators and hallways are crowded with people and @ @ @ @ @ @ @ in the coming months .
That ’ s because eviction protections put in place by county officials and state lawmakers will expire in early 2021 .
For eviction defense attorneys like John Ward with the tenant rights organization Basta Inc. , that means a big backlog of eviction cases will force more people — mainly low-income people of color — into crowded courtrooms for hours at a time .
“ If it ’ s unsafe in a church , then it ’ s unsafe in a courtroom , ” Ward said , referring @ @ @ @ @ @ @ that prohibits indoor worship services .
Ward said he expect the glut of evictions that will take place next year due to the economic downturn brought by the virus will place him and his clients in harm ’ s way .
The court has responded in some capacity by providing emergency extensions for criminal trials and juvenile hearings in recent days .
In a statement , Brazile said extending deadlines would give court staff the flexibility to reduce the number of people in a courtroom at a given time .
“ The court @ @ @ @ @ @ @ limit the number of persons in courthouses while seeking to balance its obligations to render justice with its duty to protect all who visit and work in its courthouses , ” said Brazile .
Virtual appearances are possible for some hearings , but if someone doesn ’ t have access to internet or needs an interpreter , they ’ re left with few options other than to attend court in person .
Some attorneys say while they and their clients are required to wait in crowded courtrooms with other people , judges often @ @ @ @ @ @ @ “ I live in fear to come to court , ” said Elizabeth Hernandez , a tenant who is fighting her eviction case at the downtown LA courthouse .
“ And no one is doing anything to protect us.
” The LA County Superior Court did not immediately respond to requests for comment .
The coalition that sent the letter to the court requesting more transparency with the Covid-19 infection guidelines and a temporary suspension of court hearings includes the Eviction Defense Network , Legal Aid Foundation of Los Angeles , Basta Inc. @ @ @ @ @ @ @ and many more .
The groups say the court has not responded to their demands .

As Los Angeles County hurtles to another severe stay-at-home lockdown due to a post-holiday Covid-19 surge, attorneys and clients want eviction trials and other court hearings to be put on hold because they say courtrooms are too crowded.
LOS ANGELES (CN) — As Los Angeles County hurtles to another severe stay-at-home lockdown due to a post-holiday Covid-19 surge, attorneys and clients want eviction trials and other court hearings to be put on hold because they say courtrooms are too crowded.
On Friday, a group of eviction defense attorneys and their clients made their plea outside a downtown LA courthouse, just days after public health officials stressed the need to avoid contact with strangers in enclosed spaces.
LA County Superior Court mandates the use of masks, spaces out seating and follows other rules to slow the spread of the virus. But that’s a tepid response when people sit in a courtroom without windows and next to strangers for several hours at a time.
In recent weeks, LA County Public Health confirmed seven cases of Covid-19 at the Stanley Mosk Courthouse.
“It’s a nightmare,” said Lynn Byers, who has been fighting her eviction case in court for the last several months. “There are no temperature checks at the doors. People walk about with their masks under their noses. Nobody is policing it.”
To Byers, the courthouse feels like an unsafe environment and a judge has refused to postpone her trial date.
“I just watch them move ahead with the trial. I have a 90-year-old mother I sometimes take care of and the court can’t just wait a few months until this Covid situation dies down?” Byers said outside the Stanley Mosk Courthouse while wearing a cloth face mask and plastic eyeglasses.
She was surrounded by many more tenants and attorneys who argue the courts appear to exist in world separate from reality.
As of Thursday, over 420,000 Angelenos have tested positive for the virus and over 7,700 have died since the start of the pandemic. On Friday, the county reported 8,860 new cases and 60 deaths in a single day.
In March, LA County Superior Court Presiding Judge Kevin Brazile suspended all non-emergency court hearings when little was known about the virus. But by October, jury trials for unlawful detainer or eviction cases had resumed.
In the last month, LA residents like Byers watched as Covid-19 cases soared to record-breaking heights.
Hospitals are on the verge of being inundated with Covid-19 patients and the persistent, widespread rate of infection forced health officials in late November to close outdoor dining at restaurants and limit other activities.
But county courthouses continue to operate with new infection control guidelines that many say don't go far enough.
New guidelines and signage are now in place inside courthouses. Masks are mandatory, hand sanitizer dispensers are spread throughout courtrooms and stickers designate seating.
Still, elevators and hallways are crowded with people and eviction courts will see even more traffic in the coming months.
That’s because eviction protections put in place by county officials and state lawmakers will expire in early 2021. For eviction defense attorneys like John Ward with the tenant rights organization Basta Inc., that means a big backlog of eviction cases will force more people — mainly low-income people of color — into crowded courtrooms for hours at a time.
“If it’s unsafe in a church, then it’s unsafe in a courtroom,” Ward said, referring to the county’s health order that prohibits indoor worship services.
Ward said he expect the glut of evictions that will take place next year due to the economic downturn brought by the virus will place him and his clients in harm’s way.
The court has responded in some capacity by providing emergency extensions for criminal trials and juvenile hearings in recent days. In a statement, Brazile said extending deadlines would give court staff the flexibility to reduce the number of people in a courtroom at a given time.
“The court is taking decisive actions this week to limit the number of persons in courthouses while seeking to balance its obligations to render justice with its duty to protect all who visit and work in its courthouses,” said Brazile.
Virtual appearances are possible for some hearings, but if someone doesn’t have access to internet or needs an interpreter, they’re left with few options other than to attend court in person.
Some attorneys say while they and their clients are required to wait in crowded courtrooms with other people, judges often appear via video from their chambers.
“I live in fear to come to court,” said Elizabeth Hernandez, a tenant who is fighting her eviction case at the downtown LA courthouse. “And no one is doing anything to protect us.”
The LA County Superior Court did not immediately respond to requests for comment.
The coalition that sent the letter to the court requesting more transparency with the Covid-19 infection guidelines and a temporary suspension of court hearings includes the Eviction Defense Network, Legal Aid Foundation of Los Angeles, Basta Inc., Public Counsel, Court Watch LA and many more.
The groups say the court has not responded to their demands.


courthousenews--2020-12-05--Feds Ordered to Answer Why Separated Parents’ Info Withheld

SAN DIEGO ( CN ) — A federal judge Friday ordered the federal government to explain why it didn ’ t share a governmental database containing the most up-to-date information for parents separated from their children at the U.S.-Mexico border , when efforts to reunite the families have been underway for more than a year .
“ This is disturbing in that it seems to be readily available information and it was a matter of tapping into it , ” U.S. District Judge Dana Sabraw , a George W. Bush appointee , said during a status conference in the family @ @ @ @ @ @ @ of California .
Sabraw has overseen efforts to reunify immigrant families separated by the Trump administration at the U.S.-Mexico border under the since-abandoned “ zero tolerance ” immigration policy .
The class action , originally brought in 2018 by a Congolese mother separated from her 7-year-old daughter at the San Ysidro Port of Entry in San Diego , was expanded to include more than 1,000 additional families last year after a report by the Office of Inspector General revealed families had been separated prior to the formal adoption of the “ zero tolerance @ @ @ @ @ @ @ those families are still underway , with the steering committee of nongovernmental organizations working with the American Civil Liberties Union reporting this week 333 parents believed to have been deported to Central American countries have still not been found .
While an additional 41 parents have been found since the last status conference in the case , steering committee head Steven Herzog told Sabraw on-the-ground efforts to locate parents in Central America have been stymied due to the Covid-19 pandemic and recent hurricanes .
ACLU attorney Lee Gelernt said during the virtual court @ @ @ @ @ @ @ “ global outcry ” in October over hundreds of families who remain separated , did the government share spreadsheets containing the most up-to-date information — including phone numbers not previously disclosed — from a database maintained by the Executive Office for Immigration Review .
“ This is not obscure information , it is from a fairly standard database , ” Gelernt said .
“ Only did we hear from them about additional information right after outcry before the second presidential debate .
The fact they ’ ve been sitting on these phone numbers @ @ @ @ @ @ @ said .
Now the ACLU and its partners searching for missing parents have the information , Gelernt said he is hopeful they will be able to find families .
“ We would urge the outgoing administration to do whatever they can in the next month , so families don ’ t go missing longer than necessary , ” Gelernt said .
Justice Department attorney Sarah Fabian said she was involved in “ brainstorming ” additional federal databases which may contain updated contact information useful to help reunite families .
She said EOIR is @ @ @ @ @ @ @ has been involved in the family separation litigation , whereas databases from Customs and Border Protection , Immigration and Customs Enforcement and Health and Human Services were culled for parents ’ information last year .
“ It ’ s something we all wish we would have thought of sooner , ” Fabian said .
She said the government had been trying to work with the ACLU since February to understand its process for locating separated families but “ we ’ ve received a lot of pushback on that front and having that process @ @ @ @ @ @ @ ” “ I do really wish I had thought of that database earlier… I don ’ t believe there was a neglectful or nefarious intent — we were focusing on the databases in front of us , ” Fabian added .
Sabraw ordered the government to provide the court with a declaration detailing what happened and why the “ EOIR databases were identified at this late date.
” The next status conference is scheduled for Jan. 15 .

A federal judge Friday ordered the federal government to explain why it didn’t share a governmental database containing the most up-to-date information for parents separated from their children at the U.S.-Mexico border, when efforts to reunite the families have been underway for more than a year.
SAN DIEGO (CN) — A federal judge Friday ordered the federal government to explain why it didn’t share a governmental database containing the most up-to-date information for parents separated from their children at the U.S.-Mexico border, when efforts to reunite the families have been underway for more than a year.
“This is disturbing in that it seems to be readily available information and it was a matter of tapping into it,” U.S. District Judge Dana Sabraw, a George W. Bush appointee, said during a status conference in the family separation litigation consolidated in the Southern District of California.
Sabraw has overseen efforts to reunify immigrant families separated by the Trump administration at the U.S.-Mexico border under the since-abandoned “zero tolerance” immigration policy.
The class action, originally brought in 2018 by a Congolese mother separated from her 7-year-old daughter at the San Ysidro Port of Entry in San Diego, was expanded to include more than 1,000 additional families last year after a report by the Office of Inspector General revealed families had been separated prior to the formal adoption of the “zero tolerance” immigration policy.
Efforts to reunite those families are still underway, with the steering committee of nongovernmental organizations working with the American Civil Liberties Union reporting this week 333 parents believed to have been deported to Central American countries have still not been found.
While an additional 41 parents have been found since the last status conference in the case, steering committee head Steven Herzog told Sabraw on-the-ground efforts to locate parents in Central America have been stymied due to the Covid-19 pandemic and recent hurricanes.
ACLU attorney Lee Gelernt said during the virtual court hearing Friday only when there was a “global outcry” in October over hundreds of families who remain separated, did the government share spreadsheets containing the most up-to-date information — including phone numbers not previously disclosed — from a database maintained by the Executive Office for Immigration Review.
“This is not obscure information, it is from a fairly standard database,” Gelernt said.
“Only did we hear from them about additional information right after outcry before the second presidential debate. The fact they’ve been sitting on these phone numbers and addresses seems outrageous,” Gelernt said.
Now the ACLU and its partners searching for missing parents have the information, Gelernt said he is hopeful they will be able to find families.
“We would urge the outgoing administration to do whatever they can in the next month, so families don’t go missing longer than necessary,” Gelernt said.
Justice Department attorney Sarah Fabian said she was involved in “brainstorming” additional federal databases which may contain updated contact information useful to help reunite families.
She said EOIR is not one of the immigration agencies which has been involved in the family separation litigation, whereas databases from Customs and Border Protection, Immigration and Customs Enforcement and Health and Human Services were culled for parents’ information last year.
“It’s something we all wish we would have thought of sooner,” Fabian said.
She said the government had been trying to work with the ACLU since February to understand its process for locating separated families but “we’ve received a lot of pushback on that front and having that process be more cooperative could have been helpful.”
“I do really wish I had thought of that database earlier… I don’t believe there was a neglectful or nefarious intent — we were focusing on the databases in front of us,” Fabian added.
Sabraw ordered the government to provide the court with a declaration detailing what happened and why the “EOIR databases were identified at this late date.”
The next status conference is scheduled for Jan. 15.


courthousenews--2020-12-05--Federal Judge Orders Restoration of DACA

BROOKLYN ( CN ) — A federal judge on Friday ordered the Trump administration to reinstate the immigration program offering deferred action for children entering the United States illegally .
The order follows a Nov. 14 ruling by U.S. District Judge Nicholas Garaufis , who found that Department of Homeland Security Secretary Chad Wolf was unlawfully holding office when he issued a July 28 memorandum effectively suspending DACA , or Deferred Action for Childhood Arrivals .
Wolf ’ s memo blocked new DACA applications and said that the Trump administration would renew protections for those already in the program , @ @ @ @ @ @ @ the previous policy , signed by President Barack Obama , allowed a two-year renewal .
In a Nov. 18 hearing , Garaufis accused the Trump administration of “ running out the clock ” on the president ’ s term to circumvent granting work permits to hundreds of thousands of undocumented immigrants .
The so-called “ Dreamers ” suing the government say the DACA suspension has affected the lives of more than a million people by preventing work permits and splitting up families .
Karen Tumlin , an attorney for the plaintiffs , told @ @ @ @ @ @ @ will end the government ’ s “ attacks on immigrant youth today instead of continuing its losing courtroom battle during the last days of the administration.
” “ Today ’ s ruling opens the door for more than one million immigrant youth who have been unfairly denied their chance to apply for DACA and secure their future in this country , ” Tumlin said .
“ Our brave plaintiffs have said from the beginning of this lawsuit that their home is here , and the court rightly recognized that today.
” Garaufis said @ @ @ @ @ @ @ , a move the Senate has not confirmed , violated succession rules under the Homeland Security Act , and therefore the Wolf memo was unlawful .
Leading up to the order , the states and individuals suing the Trump administration argued that since the Wolf memo was released , some DACA-eligible people have turned 18 , meaning they began to accrue unlawful presence in the U.S. without DACA protections .
Garufis declined to rule on the accrual of unlawful presence as he voided the memo .
He noted in the partial summary judgment @ @ @ @ @ @ @ be enough to remedy an illegal agency action , in this case , the court has to go a step further to ensure an equitable judicial outcome .
To provide additional relief , Garufis has given the Trump administration three days to publicly post the policy change , saying it is now accepting DACA requests and renewals based on the program ’ s terms before the Trump administration tried to cancel the program in 2017 .
“ In light of the vacatur , all parties agree that the DACA program is currently governed @ @ @ @ @ @ @ to the attempted rescission of September 2017 , ” Garaufis wrote in the 6-page order .
Judge Garaufis also instructed the government to schedule a status conference with plaintiffs next week , to discuss plans to notify people individually of the changes .
DHS will update the court on its notification progress in January .
In that update , DHS must reveal the number of first-time DACA applications , parole requests and renewals the agency “ received , adjudicated , approved , denied , and rejected ” between Nov. 14 and Dec. 31 @ @ @ @ @ @ @ applications were granted for only one year instead of two .
“ The court believes that these additional remedies are reasonable , ” Garaufis writes .
“ Indeed , the Government has assured the court that a public notice along the lines described is forthcoming.
” The Supreme Court ruled in June that Trump ’ s 2017 move to end DACA violated federal laws .
Nearly 700,000 people were participating when the president tried to end the program , which Obama enacted in 2012 .
“ I feel that this is what we @ @ @ @ @ @ @ ” Melody Klingenfuss , a 26-year-old DACA recipient told Courthouse News at the time .

A federal judge on Friday ordered the Trump administration to reinstate the immigration program offering deferred action for children entering the United States illegally.
BROOKLYN (CN) — A federal judge on Friday ordered the Trump administration to reinstate the immigration program offering deferred action for children entering the United States illegally.
The order follows a Nov. 14 ruling by U.S. District Judge Nicholas Garaufis, who found that Department of Homeland Security Secretary Chad Wolf was unlawfully holding office when he issued a July 28 memorandum effectively suspending DACA, or Deferred Action for Childhood Arrivals.
Wolf’s memo blocked new DACA applications and said that the Trump administration would renew protections for those already in the program, but only for one year, while the previous policy, signed by President Barack Obama, allowed a two-year renewal.
In a Nov. 18 hearing, Garaufis accused the Trump administration of “running out the clock” on the president’s term to circumvent granting work permits to hundreds of thousands of undocumented immigrants.
The so-called “Dreamers” suing the government say the DACA suspension has affected the lives of more than a million people by preventing work permits and splitting up families.
Karen Tumlin, an attorney for the plaintiffs, told CBS News that Friday’s ruling will end the government’s “attacks on immigrant youth today instead of continuing its losing courtroom battle during the last days of the administration."
"Today's ruling opens the door for more than one million immigrant youth who have been unfairly denied their chance to apply for DACA and secure their future in this country," Tumlin said. "Our brave plaintiffs have said from the beginning of this lawsuit that their home is here, and the court rightly recognized that today."
Garaufis said putting Wolf in the DHS secretary seat, a move the Senate has not confirmed, violated succession rules under the Homeland Security Act, and therefore the Wolf memo was unlawful.
Leading up to the order, the states and individuals suing the Trump administration argued that since the Wolf memo was released, some DACA-eligible people have turned 18, meaning they began to accrue unlawful presence in the U.S. without DACA protections.
Garufis declined to rule on the accrual of unlawful presence as he voided the memo.
He noted in the partial summary judgment that while vacating a memo would normally be enough to remedy an illegal agency action, in this case, the court has to go a step further to ensure an equitable judicial outcome.
To provide additional relief, Garufis has given the Trump administration three days to publicly post the policy change, saying it is now accepting DACA requests and renewals based on the program’s terms before the Trump administration tried to cancel the program in 2017.
“In light of the vacatur, all parties agree that the DACA program is currently governed by its terms as they existed prior to the attempted rescission of September 2017,” Garaufis wrote in the 6-page order.
Judge Garaufis also instructed the government to schedule a status conference with plaintiffs next week, to discuss plans to notify people individually of the changes. DHS will update the court on its notification progress in January.
In that update, DHS must reveal the number of first-time DACA applications, parole requests and renewals the agency “received, adjudicated, approved, denied, and rejected” between Nov. 14 and Dec. 31. It must also show how many applications were granted for only one year instead of two.
“The court believes that these additional remedies are reasonable,” Garaufis writes. “Indeed, the Government has assured the court that a public notice along the lines described is forthcoming.”
The Supreme Court ruled in June that Trump’s 2017 move to end DACA violated federal laws. Nearly 700,000 people were participating when the president tried to end the program, which Obama enacted in 2012.
“I feel that this is what we fought for and what we deserve,” Melody Klingenfuss, a 26-year-old DACA recipient told Courthouse News at the time.


courthousenews--2020-12-05--California Courts Covid Update

California Courts Covid Update

Dec. 1 , 2020 : Clerk ’ s Office is closed until further notice , due to the “ high @ @ @ @ @ the county Dec. 4 , 2020 : Order regarding accelerated release of inmates due to @ @ @ @ @ : Amendment to Civil Order 2020-6 suspending case management conferences due to the pandemic , @ @ @ @ @ 2021


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight stories for today including President-elect Joe Biden called on Congress and President Donald Trump to pass a stimulus package as the coronavirus pandemic continues to rage ; Five San Francisco Bay Area counties said they will voluntarily implement California Governor Gavin Newsom ’ s regional stay-at-home order this weekend ; The House voted to decriminalize marijuana on the federal level , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through @ @ @ @ @ @ @ Biden called on Congress and President Donald Trump to pass a stimulus package as the coronavirus pandemic continues to rage , prompting record numbers of deaths and hospitalizations as well as shutdowns that will hurt small businesses and the American economy .
2 . )
With coronavirus cases surging and experts warning of a dark winter , the government reported Friday that the U.S. economy added back just 245,000 jobs in November , marking the fifth straight month of slowdown .
3 . )
The fate of federal marijuana decriminalization now lies with @ @ @ @ @ @ @ bill Friday aimed at giving states the ability to set their own cannabis laws .
4 . )
The Environmental Protection Agency proposed new restrictions Friday on a dangerous insecticide that it opted not to ban outright last year .
5 . )
The Supreme Court agreed Friday to hear argument about whether states can condition Medicaid enrollment on work requirements or job training .
6 . )
Five San Francisco Bay Area counties announced Friday their jurisdictions will voluntarily implement California Governor Gavin Newsom ’ s regional stay-at-home order this weekend , @ @ @ @ @ @ @ in order to curb transmission of Covid-19 before health care systems become overwhelmed .
7 . )
The owner of the Derby Pie trademark argued before the Sixth Circuit on Friday that a Louisville newspaper can not publish recipes or news articles about similar desserts without his approval .
8 . )
Two days after the United Kingdom became the first Western nation to approve a Covid-19 vaccine , the World Health Organization on Friday welcomed the news but warned that difficult months lie ahead .

Top eight stories for today including President-elect Joe Biden called on Congress and President Donald Trump to pass a stimulus package as the coronavirus pandemic continues to rage; Five San Francisco Bay Area counties said they will voluntarily implement California Governor Gavin Newsom’s regional stay-at-home order this weekend; The House voted to decriminalize marijuana on the federal level, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight stories for today including President-elect Joe Biden called on Congress and President Donald Trump to pass a stimulus package as the coronavirus pandemic continues to rage; Five San Francisco Bay Area counties said they will voluntarily implement California Governor Gavin Newsom’s regional stay-at-home order this weekend; The House voted to decriminalize marijuana on the federal level, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) President-elect Joe Biden called on Congress and President Donald Trump to pass a stimulus package as the coronavirus pandemic continues to rage, prompting record numbers of deaths and hospitalizations as well as shutdowns that will hurt small businesses and the American economy.
President-elect Joe Biden speaks about jobs at The Queen theater, Friday, Dec. 4, 2020, in Wilmington, Del. (AP Photo/Andrew Harnik)
2.) With coronavirus cases surging and experts warning of a dark winter, the government reported Friday that the U.S. economy added back just 245,000 jobs in November, marking the fifth straight month of slowdown.
FILE - This May 7, 2020, file photo shows a man wearing a mask while walking under a Now Hiring sign at a CVS Pharmacy during the coronavirus outbreak in San Francisco. Friday, Dec. 4, monthly U.S. jobs report will help answer a key question hanging over the economy: Just how much damage is being caused by the resurgent coronavirus, the resulting restrictions on businesses and the reluctance of consumers to shop, travel and dine out? (AP Photo/Jeff Chiu, File)
3.) The fate of federal marijuana decriminalization now lies with the Senate after the House passed a bill Friday aimed at giving states the ability to set their own cannabis laws.
Marijuana grows at an indoor cannabis farm in Gardena, Calif., in 2019. (AP Photo/Richard Vogel, File)
4.) The Environmental Protection Agency proposed new restrictions Friday on a dangerous insecticide that it opted not to ban outright last year.
A farmworker gathers sweet potatoes in Mechanicsville, Va. Sweet potatoes are one of the many crops that chlorpyrifos is used on. Agricultural workers are at high risk for pesticide poisoning. (Lance Cheun/USDA via Courthouse News)
5.) The Supreme Court agreed Friday to hear argument about whether states can condition Medicaid enrollment on work requirements or job training.
The Supreme Court is seen in Washington, Monday, Oct. 5, 2020, as the justices begin a new term following the recent death of their colleague, Ruth Bader Ginsburg. (AP Photo/J. Scott Applewhite)
Regional
6.) Five San Francisco Bay Area counties announced Friday their jurisdictions will voluntarily implement California Governor Gavin Newsom’s regional stay-at-home order this weekend, moving earlier than required to enact restrictions in order to curb transmission of Covid-19 before health care systems become overwhelmed.
7.) The owner of the Derby Pie trademark argued before the Sixth Circuit on Friday that a Louisville newspaper cannot publish recipes or news articles about similar desserts without his approval.
A slice of Derby Pie, a chocolate and walnut dessert. (Photo by Markmark28 from Wikipedia Commons)
International
8.) Two days after the United Kingdom became the first Western nation to approve a Covid-19 vaccine, the World Health Organization on Friday welcomed the news but warned that difficult months lie ahead.


courthousenews--2020-12-04--Biden Faces Tough Task of Fixing Housing Crisis

The president-elect said he wants to help tenants defend against eviction cases , increase funding for the Section 8 rental housing aid program and give first-time homebuyers a $ 15,000 tax credit .
( CN ) — Cancel rent campaigns , millions at risk of eviction , prospective homebuyers shut out by high prices .
U.S. housing is in upheaval , but President-elect Joe Biden has vowed to give it fresh legs .
Tanisha Swinton , 43 , of Houston , is scheduled for trial in January in her eviction case .
But she ’ s determined to avoid it @ @ @ @ @ @ @ $ 5,000 of it .
“ I ’ m in full work mode .
I ’ m trying to get two jobs .
I ’ m trying to make sure I have it all paid , ” said Swinton , who recently found work with a health care company making calls to patients after she was laid off due to the pandemic .
After months of living in extended-stay hotels with her two daughters , she thought she ’ d found stability when she rented a three-bedroom home in July and moved in @ @ @ @ @ @ @ she would fix the place up .
But her landlord stopped sending maintenance men over after she missed a few rent payments , leaving the interior in shambles with rainwater in the ceiling she believes may have sprouted mold that ’ s to blame for her 12-year-old daughter ’ s constant headaches .
“ I still have walls that are unpainted , doors that aren ’ t fixed , I mean the ceiling looks like it ’ s about to cave in the living room .
I mean it ’ s just unreal @ @ @ @ @ @ @ interview .
Charitable organizations tried to help .
They offered to pay $ 2,200 of her rent , but her landlord rejected it , opting instead to pursue eviction .
And Swinton could not receive the aid directly , it had to go straight to her landlord .
She can not be evicted until January thanks to a September order from the Centers for Disease Control and Prevention meant to stop the spread of Covid-19 .
Renters who attest in a sworn declaration to losing much of their household income , not being @ @ @ @ @ @ @ would leave them homeless or force them to live in cramped quarters with relatives , qualify for a reprieve through the end of the year .
The form saved Swinton at an eviction hearing last month from a judge ready to move on her .
“ She was getting ready to put me out .
She gave me 10 days and I spoke up .
I said , ‘ They aren ’ t taking my form .
They ’ re not working with me on payments , ' ” said Swinton , who @ @ @ @ @ @ @ So she said , ‘ No they can ’ t reject the form .
They have to take the form . '
” Swinton is one of more than 6.5 million U.S. renters at risk of eviction , according to a Nov. 19 report by the National Low Income Housing Coalition and the University of Arizona ’ s James E. Rogers College of Law .
Urging Congress to pass rental assistance legislation before lawmakers recess for Christmas break , the report estimates the downstream public costs of a wave of evictions would be @ @ @ @ @ @ @ That includes emergency shelter for the displaced ; medical care , as the stress of homelessness aggravates their medical conditions or leads to Covid-19 infections ; foster care of children removed from their parents ; and juvenile detention costs , as homeless children are more likely to be arrested .
Biden wants to help renters stay in their homes .
A former public defender , the president-elect says he ’ ll push for passage of the Legal Assistance to Prevent Evictions Act , which would help tenants get lawyers for eviction cases and @ @ @ @ @ @ @ programs .
Counsel for eviction cases is hard to find for tenants even in Houston , seat of Harris County , with its dozens of law firms , three law schools and numerous legal aid groups .
“ In Harris County there are 48 evictions per day , and , this year , more than nearly 27,000 eviction cases have been filed .
Attorneys represent less than 3 % of tenants in eviction proceedings , ” Harris County ’ s chief administrator Lina Hidalgo said Thursday in a statement , citing reports by @ @ @ @ @ @ @ Biden is also calling for increased funding for the government ’ s Section 8 rental housing aid program .
He says that due to underfunding , roughly 75 % of households eligible for the assistance do not receive it .
The incoming president is not focusing solely on renters .
He also wants to give a leg up to first-time homebuyers by providing a $ 15,000 tax credit they could receive when they buy their home .
But for more people to have a chance at ownership the nation needs to address its @ @ @ @ @ @ @ last 10 years , the median U.S. home price grew from around $ 200,000 to more than $ 320,000 , according to the Federal Reserve Bank of St. Louis .
Ohio Republican Congressman Steve Stivers is on the House Financial Services Committee , which oversees real estate and public housing .
He said local building codes are the single biggest driver of the housing affordability crisis , accounting for around 30 % of building costs , and Congress needs to simplify and streamline codes nationwide to drive prices down , speaking Nov. 17 @ @ @ @ @ @ @ forum put on by National Association of Home Builders and the political news outlet The Hill .
Darius Brown , owner of Phoenix Builders in Virginia , laid out the challenges facing homebuilders in another “ Building the Dream ” report by The Hill and NAHB early this year .
“ There was a time that we could obtain a permit in a day , or a fairly short period of time , ” he said .
“ And quite often now those permits take weeks if not three to four months to @ @ @ @ @ @ @ have a building permit in place , those expenses could be anywhere from $ 30,000 to $ 60,000 , sometimes more than that depending on the scope of the project.
” Biden ’ s housing plan will be spearheaded by his Department of Housing and Urban Development secretary .
He ’ s yet to name one but of his list of five candidates , four of them are Black , including Congresswoman Karen Bass , D-Calif. , and Atlanta Mayor Keisha Lance Bottoms .
President Donald Trump ’ s HUD Secretary Ben Carson @ @ @ @ @ @ @ a low-profile over his nearly four years in office .
But he did anger Democrats in July when he announced HUD was replacing a rule former President Barack Obama ’ s administration established in 2015 requiring cities and towns , in order to receive federal housing or urban development funding , to analyze the demographics of their neighborhoods and ferret out housing discrimination and issue reports about how they would address housing inequities .
Calling the Obama rule “ complicated , costly , and ineffective , ” the Trump administration and Carson suspended @ @ @ @ @ @ @ September with the Preserving Community and Neighborhood Choice Rule , which says cities and counties need only show they are taking action “ rationally related to promoting fair housing ” to qualify for HUD funds .
Biden , who served as Obama ’ s vice president , says as president he will reinstate the tougher 2015 rule .
Swinton , the Houston renter , is one who may benefit from Biden ’ s housing policies .
She said with her landlord refusing to accept rent aid for her and trying to evict her @ @ @ @ @ @ @ place of her own .
“ I ’ ve had so much bad rental experience from properties , the landlords , it ’ s just crazy , ” she said .
“ I ’ m trying to get my credit up now and focus on buying a house so come July , if I ’ m still in here , I can just leave and go to my own house .
”

Cancel rent campaigns, millions at risk of eviction, prospective homebuyers shut out by high prices. U.S. housing is in upheaval, but President-elect Joe Biden has vowed to give it fresh legs.
(CN) — Cancel rent campaigns, millions at risk of eviction, prospective homebuyers shut out by high prices. U.S. housing is in upheaval, but President-elect Joe Biden has vowed to give it fresh legs.
Tanisha Swinton, 43, of Houston, is scheduled for trial in January in her eviction case. But she's determined to avoid it by catching up on rent, all $5,000 of it.
"I'm in full work mode. I'm trying to get two jobs. I'm trying to make sure I have it all paid," said Swinton, who recently found work with a health care company making calls to patients after she was laid off due to the pandemic.
After months of living in extended-stay hotels with her two daughters, she thought she'd found stability when she rented a three-bedroom home in July and moved in, taking the landlord at her word she would fix the place up.
But her landlord stopped sending maintenance men over after she missed a few rent payments, leaving the interior in shambles with rainwater in the ceiling she believes may have sprouted mold that's to blame for her 12-year-old daughter's constant headaches.
"I still have walls that are unpainted, doors that aren't fixed, I mean the ceiling looks like it's about to cave in the living room. I mean it's just unreal," she said in a phone interview.
Charitable organizations tried to help. They offered to pay $2,200 of her rent, but her landlord rejected it, opting instead to pursue eviction. And Swinton could not receive the aid directly, it had to go straight to her landlord.
She cannot be evicted until January thanks to a September order from the Centers for Disease Control and Prevention meant to stop the spread of Covid-19.
Renters who attest in a sworn declaration to losing much of their household income, not being able to pay rent and that eviction would leave them homeless or force them to live in cramped quarters with relatives, qualify for a reprieve through the end of the year.
The form saved Swinton at an eviction hearing last month from a judge ready to move on her.
"She was getting ready to put me out. She gave me 10 days and I spoke up. I said, 'They aren't taking my form. They're not working with me on payments,'" said Swinton, who had no attorney representing her.
"So she said, 'No they can't reject the form. They have to take the form.'"
Swinton is one of more than 6.5 million U.S. renters at risk of eviction, according to a Nov. 19 report by the National Low Income Housing Coalition and the University of Arizona's James E. Rogers College of Law.
Urging Congress to pass rental assistance legislation before lawmakers recess for Christmas break, the report estimates the downstream public costs of a wave of evictions would be $62 to $129 billion.
That includes emergency shelter for the displaced; medical care, as the stress of homelessness aggravates their medical conditions or leads to Covid-19 infections; foster care of children removed from their parents; and juvenile detention costs, as homeless children are more likely to be arrested.
President-elect Joe Biden and Vice President-elect Kamala Harris arrive at an event to introduce their nominees and appointees to economic policy posts at The Queen theater, Tuesday, Dec. 1, 2020, in Wilmington, Del. (AP Photo/Andrew Harnik)
Biden wants to help renters stay in their homes. A former public defender, the president-elect says he'll push for passage of the Legal Assistance to Prevent Evictions Act, which would help tenants get lawyers for eviction cases and encourage local governments to start eviction diversion programs.
Counsel for eviction cases is hard to find for tenants even in Houston, seat of Harris County, with its dozens of law firms, three law schools and numerous legal aid groups.
"In Harris County there are 48 evictions per day, and, this year, more than nearly 27,000 eviction cases have been filed. Attorneys represent less than 3% of tenants in eviction proceedings," Harris County's chief administrator Lina Hidalgo said Thursday in a statement, citing reports by the Eviction Lab at Princeton University.