courthousenews--2020-09-18--More Charges and Guilty Pleas Emerge in San Francisco Corruption Scandal

SAN FRANCISCO ( CN ) — Two city contractors were charged with bribery and another two agreed to plead guilty Thursday to charges tied to a widening city corruption scandal that took down one of San Francisco ’ s highest-ranking government officials earlier this year .
Alan Varela , 59 , of Napa , and Bill Gilmartin , 60 , of San Mateo , were charged with bribing former San Francisco Public Works Director Mohammad Nuru with $ 20,000 in restaurant meals and a $ 40,000 tractor for his vacation home in exchange for inside information about a lucrative city @ @ @ @ @ @ @ recycling plant .
David Anderson , U.S. Attorney for the Northern District of California , said in a video statement Thursday that public works contracts are supposed to be awarded through a merit system to benefit San Francisco residents and taxpayers .
“ Instead of competing for public works contacts on the merits , the defendants sought their contracts through bribes and backroom deals , ” Anderson said .
Varela and Gilmartin serve as president and vice president , respectively , of ProVen Management , a civil engineering and construction firm .
They @ @ @ @ @ @ @ that have sought and received public contracts in San Francisco .
Both men face up to 10 years in prison and $ 250,000 fines for bribery charges .
The target of the alleged bribes , Nuru , was arrested and charged with honest services wire fraud and lying to FBI agents in January .
Nuru resigned from his $ 273,000-per-year city job in February .
Also on Thursday , two previously charged defendants in the corruption case agreed to plead guilty , and one agreed to cooperate with FBI investigators .
Balmore Hernandez @ @ @ @ @ @ @ the CEO of AzulWorks , which received millions of dollars in city government contracts in 2018 .
According to prosecutors , Hernandez supplied more than $ 250,000 in labor and materials for Nuru ’ s vacation home in Stonyford near Mendocino National Forest .
In exchange , Nuru allegedly helped Herndandez secure a $ 1.9 million DPW contract .
Charged with conspiracy to commit honest services wire fraud , Hernandez has agreed to plead guilty and cooperate with the FBI .
Anderson said Hernandez “ may earn leniency ” at sentencing in exchange @ @ @ @ @ @ @ to 10 years in prison .
Florence Kong , 62 , of Hillsborough , owns two companies that do business with San Francisco : a construction company called Kwan Wo Ironworks and a construction debris recycling company called SFR Recovery Inc. Kong allegedly gave Nuru cash , expensive meals , a Rolex watch worth more than $ 35,000 and the installation of a gate at his vacation home .
Prosecutors say recorded phone calls demonstrate that Nuru helped Kong win construction contracts with the city .
Kong agreed to plead guilty on Thursday @ @ @ @ @ @ @ cooperate with the FBI .
Varela and Gilmarten are the sixth and seventh defendants to face federal charges in the widening corruption scandal .
Hernandez and Kong are the third and fourth defendants to plead guilty .
In June , Walter Wong , a permit expediter accused of conspiring with Nuru for 15 years to defraud the public , agreed to plead guilty and cooperate with the FBI .
Another defendant , restauranter Nick Bovis , who Nuru allegedly helped win city contracts to provide bathroom trailers and homeless shelters , pleaded guilty @ @ @ @ @ @ @ investigators .
Federal prosecutors in June also charged Nuru ’ s longtime romantic partner and San Francisco ’ s former Fix-It Director and Director of the Mayor ’ s Office of Neighborhood Services , Sandra Zuniga , with laundering money for Nuru .
She faces up to 20 years in prison and a $ 500,000 fine .
Siddhartha Patel , assistant special agent in charge of the FBI ’ s San Francisco division , said in a video statement Thursday that federal investigators will continue working aggressively to root out corruption in city @ @ @ @ @ @ @ .
“ San Francisco City Hall can and will function without the influence of the corruption we have seen unravel in this case , ” Patel said .
“ The FBI will continue to prioritize investigating and disrupting corruption in the city of San Francisco.
” In July , the San Francisco Board of Supervisors rejected a proposal to create a new Office of the Public Advocate to investigate corruption and wasteful spending .
But the board advanced a separate plan to break up the city ’ s Department of Public Works into @ @ @ @ @ @ @ cleaning and maintaining streets and sidewalks .

Two city contractors were charged with bribery and another two agreed to plead guilty Thursday to charges tied to a widening city corruption scandal that took down one of San Francisco’s highest-ranking government officials earlier this year.
SAN FRANCISCO (CN) — Two city contractors were charged with bribery and another two agreed to plead guilty Thursday to charges tied to a widening city corruption scandal that took down one of San Francisco’s highest-ranking government officials earlier this year.
Alan Varela, 59, of Napa, and Bill Gilmartin, 60, of San Mateo, were charged with bribing former San Francisco Public Works Director Mohammad Nuru with $20,000 in restaurant meals and a $40,000 tractor for his vacation home in exchange for inside information about a lucrative city contract to build and operate an asphalt recycling plant.
David Anderson, U.S. Attorney for the Northern District of California, said in a video statement Thursday that public works contracts are supposed to be awarded through a merit system to benefit San Francisco residents and taxpayers.
“Instead of competing for public works contacts on the merits, the defendants sought their contracts through bribes and backroom deals,” Anderson said.
Varela and Gilmartin serve as president and vice president, respectively, of ProVen Management, a civil engineering and construction firm. They also share ownership in other construction companies that have sought and received public contracts in San Francisco.
Both men face up to 10 years in prison and $250,000 fines for bribery charges.
The target of the alleged bribes, Nuru, was arrested and charged with honest services wire fraud and lying to FBI agents in January. Nuru resigned from his $273,000-per-year city job in February.
Also on Thursday, two previously charged defendants in the corruption case agreed to plead guilty, and one agreed to cooperate with FBI investigators.
Balmore Hernandez, 55, of Burlingame, is the CEO of AzulWorks, which received millions of dollars in city government contracts in 2018. According to prosecutors, Hernandez supplied more than $250,000 in labor and materials for Nuru’s vacation home in Stonyford near Mendocino National Forest.
In exchange, Nuru allegedly helped Herndandez secure a $1.9 million DPW contract. Charged with conspiracy to commit honest services wire fraud, Hernandez has agreed to plead guilty and cooperate with the FBI.
Anderson said Hernandez “may earn leniency” at sentencing in exchange for his cooperation. He faces up to 10 years in prison.
Florence Kong, 62, of Hillsborough, owns two companies that do business with San Francisco: a construction company called Kwan Wo Ironworks and a construction debris recycling company called SFR Recovery Inc.
Kong allegedly gave Nuru cash, expensive meals, a Rolex watch worth more than $35,000 and the installation of a gate at his vacation home. Prosecutors say recorded phone calls demonstrate that Nuru helped Kong win construction contracts with the city.
Kong agreed to plead guilty on Thursday, but she has not agreed to cooperate with the FBI.
Varela and Gilmarten are the sixth and seventh defendants to face federal charges in the widening corruption scandal.
Hernandez and Kong are the third and fourth defendants to plead guilty.
In June, Walter Wong, a permit expediter accused of conspiring with Nuru for 15 years to defraud the public, agreed to plead guilty and cooperate with the FBI.
Another defendant, restauranter Nick Bovis, who Nuru allegedly helped win city contracts to provide bathroom trailers and homeless shelters, pleaded guilty in May and agreed to cooperate with investigators.
Federal prosecutors in June also charged Nuru’s longtime romantic partner and San Francisco’s former Fix-It Director and Director of the Mayor’s Office of Neighborhood Services, Sandra Zuniga, with laundering money for Nuru. She faces up to 20 years in prison and a $500,000 fine.
Siddhartha Patel, assistant special agent in charge of the FBI’s San Francisco division, said in a video statement Thursday that federal investigators will continue working aggressively to root out corruption in city government as long as the threat persists.
“San Francisco City Hall can and will function without the influence of the corruption we have seen unravel in this case,” Patel said. “The FBI will continue to prioritize investigating and disrupting corruption in the city of San Francisco.”
In July, the San Francisco Board of Supervisors rejected a proposal to create a new Office of the Public Advocate to investigate corruption and wasteful spending. But the board advanced a separate plan to break up the city’s Department of Public Works into two agencies with one focused exclusively on cleaning and maintaining streets and sidewalks.


Life Support

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of a third amended complaint against the director of California ’ @ @ @ @ @ brought by a mother whose child was removed from life support over her objections .

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.


Russian Oil

LUXEMBOURG CITY , Luxembourg — The Court of Justice of the European Union dismissed the appeal of Russian companies that @ @ @ @ @ giant Rosneft group in their case against restrictive measures imposed upon them in response to @ @ @ @ @ destabilize Ukraine .


courthousenews--2020-09-18--Newsom Signs New Covid Worker Protection Law

SACRAMENTO , Calif. ( CN ) — California businesses must inform employees if they were potentially exposed to Covid-19 at the workplace under legislation signed Thursday by Gov .
Gavin Newsom .
Supporters hope a simple notification from businesses will considerably stem the type of mass outbreaks that have plagued the state in recent months and infected hordes of farmworkers and other frontline employees .
The bill ’ s author said the goal is to protect minority workers and communities that have borne the brunt of the state ’ s coronavirus infections and deaths and prevent employers from hiding outbreaks @ @ @ @ @ @ @ our essential workers risk their lives and the lives of their loved ones in our fields , hospitals , grocery stores , meatpacking plants , restaurant kitchens and countless other businesses in our state , ” Assemblywoman Eloise Gomez Reyes , D-San Bernardino , said .
Reyes says the notification system is necessary for the state to “ get serious ” about controlling the pandemic that has infected over 766,000 Californians , most of any state .
Under Assembly Bill 685 , businesses that become aware of an infection within 24 hours must @ @ @ @ @ @ @ subcontractors who may have recently come into contact with the sick employee .
They must also give the exposed employees information about Covid-19 benefits they may be entitled to if they get the virus , such as workers ’ compensation or state-mandated leave .
The law , which applies to public and private entities , also requires employers to notify their public health department if at least three workers test positive within 14 days .
A variety of workplace outbreaks have sprouted across the Golden State , causing labor unions and worker advocates @ @ @ @ @ @ @ In perhaps the state ’ s worst work-related outburst , nearly 400 workers at a Foster Farms poultry facility contracted the virus , and eight died .
There have also been severe outbreaks at farmworker housing facilities across the state .
Business organizations like the California Chamber of Commerce opposed the bill , claiming it could expose even responsible employers to fines and lead to unnecessary “ public shaming.
” Reyes introduced AB 685 late in the previous session , and the Legislature approved it on the final day with the support of @ @ @ @ @ @ @ inked a pair of bills making it easier for frontline workers to qualify for workers ’ compensation and legislation extending family leave to small business workers .
Effectively immediately , Senate Bill 1159 creates a “ rebuttable frontline worker presumption ” for occupations like health care workers , law enforcement officers and firefighters that assumes infected employees were infected during the line of duty and are therefore eligible for workers ’ compensation .
The bill , which sunsets in 2023 , extends similar protections for nonessential workers who contract Covid-19 and work at @ @ @ @ @ @ @ experiencing an outbreak .
“ We applaud Gov .
Newsom ’ s leadership in protecting workers from day one of this crisis , ” California Labor Federation Treasurer Art Pulaski said in a statement .
” While more work must be done in 2021 to strengthen protections to ensure essential workers putting their lives at risk return home safely to their families after each shift , today the governor gave a much-needed boost to all workers across the state.
” A coalition of agricultural groups and the National Federation of Independent Business opposed @ @ @ @ @ @ @ the opponents calling it “ administratively burdensome ” and “ unworkable for employers.
” In another proposal opposed by business groups , the final piece of Thursday ’ s package is Senate Bill 1383 by state Sen. Hannah-Beth Jackson , D-Santa Barbara .
The bill mandates that businesses with five or more employees allow workers up to 12 weeks of paid or unpaid leave to care for newborns or sick family members without retribution .
“ With this bill , millions of hard-working Californians will finally be able to use the paid family @ @ @ @ @ @ @ of losing their jobs , ” Jackson said in a statement .

California businesses must inform employees if they were potentially exposed to Covid-19 at the workplace under legislation signed Thursday by Gov. Gavin Newsom.
SACRAMENTO, Calif. (CN) — California businesses must inform employees if they were potentially exposed to Covid-19 at the workplace under legislation signed Thursday by Gov. Gavin Newsom.
Supporters hope a simple notification from businesses will considerably stem the type of mass outbreaks that have plagued the state in recent months and infected hordes of farmworkers and other frontline employees.
The bill’s author said the goal is to protect minority workers and communities that have borne the brunt of the state’s coronavirus infections and deaths and prevent employers from hiding outbreaks.
“In the age of Covid-19 our essential workers risk their lives and the lives of their loved ones in our fields, hospitals, grocery stores, meatpacking plants, restaurant kitchens and countless other businesses in our state,” Assemblywoman Eloise Gomez Reyes, D-San Bernardino, said.
Reyes says the notification system is necessary for the state to “get serious” about controlling the pandemic that has infected over 766,000 Californians, most of any state.
Under Assembly Bill 685, businesses that become aware of an infection within 24 hours must provide written notice to all employees and subcontractors who may have recently come into contact with the sick employee. They must also give the exposed employees information about Covid-19 benefits they may be entitled to if they get the virus, such as workers’ compensation or state-mandated leave.
The law, which applies to public and private entities, also requires employers to notify their public health department if at least three workers test positive within 14 days.
A variety of workplace outbreaks have sprouted across the Golden State, causing labor unions and worker advocates to push for the added transparency.
In perhaps the state’s worst work-related outburst, nearly 400 workers at a Foster Farms poultry facility contracted the virus, and eight died. There have also been severe outbreaks at farmworker housing facilities across the state.
Business organizations like the California Chamber of Commerce opposed the bill, claiming it could expose even responsible employers to fines and lead to unnecessary “public shaming.”
Reyes introduced AB 685 late in the previous session, and the Legislature approved it on the final day with the support of the Democrats’ supermajority.
Newsom additionally inked a pair of bills making it easier for frontline workers to qualify for workers’ compensation and legislation extending family leave to small business workers.
Effectively immediately, Senate Bill 1159 creates a “rebuttable frontline worker presumption” for occupations like health care workers, law enforcement officers and firefighters that assumes infected employees were infected during the line of duty and are therefore eligible for workers’ compensation. The bill, which sunsets in 2023, extends similar protections for nonessential workers who contract Covid-19 and work at a job site the state deems is experiencing an outbreak.
“We applaud Gov. Newsom’s leadership in protecting workers from day one of this crisis,” California Labor Federation Treasurer Art Pulaski said in a statement. ”While more work must be done in 2021 to strengthen protections to ensure essential workers putting their lives at risk return home safely to their families after each shift, today the governor gave a much-needed boost to all workers across the state.”
A coalition of agricultural groups and the National Federation of Independent Business opposed the workers’ compensation bill, with the opponents calling it “administratively burdensome” and “unworkable for employers.”
In another proposal opposed by business groups, the final piece of Thursday’s package is Senate Bill 1383 by state Sen. Hannah-Beth Jackson, D-Santa Barbara. The bill mandates that businesses with five or more employees allow workers up to 12 weeks of paid or unpaid leave to care for newborns or sick family members without retribution.
“With this bill, millions of hard-working Californians will finally be able to use the paid family leave benefits they pay for without fear of losing their jobs,” Jackson said in a statement.


Ballot Applications

LANSING , Mich. — Michigan Secretary of State Jocelyn Benson had the authority to send unsolicited applications for absentee ballots @ @ @ @ @ appeals court in the state ruled , finding her actions did not interfere with any @ @ @ @ @ .


courthousenews--2020-09-17--Police Watchdog Group Demands LA County Sheriff Resign

LOS ANGELES ( CN ) — Members of the Los Angeles County police watchdog group on Thursday called for Sheriff Alex Villanueva ’ s resignation over his department ’ s lack of transparency on fatal police shootings and other issues , marking the latest escalation in a power struggle between county officials and the increasingly combative law enforcement leader .
Villanueva has repeatedly clashed with the LA County Civilian Oversight Commission and the county Board of Supervisors over budgetary issues , the availability of officer-worn cameras and over the sheriff ’ s decision to rehire officers who were previously fired @ @ @ @ @ @ @ May to sue Villanueva after he defied their subpoena to testify on measures to protect incarcerated people against Covid-19 infection in county jails .
The case is pending in LA County Superior Court .
Civilian Oversight Commissioners have also pressed Villanueva to seriously clamp down on secret deputy gangs within the ranks of the LA County Sheriff ’ s Department .
Villanueva is investigating instances of LASD gang member violence but has also downplayed the issue as a normal element of society and one he ’ ll only shut down if gangs mistreat @ @ @ @ @ @ @ the department .
Commissioners have also slammed Villanueva ’ s refusal to cooperate with county Inspector General Max Huntsman on fatal police shooting probes , especially ones where LASD gangs are alleged to have been involved , such as the shooting of 18-year-old Andres Guardado in June .
The issue of assessing Villanueva ’ s performance in office came to head at the COC ’ s meeting Thursday when commissioners said the sheriff ’ s actions demonstrate that he ’ s unfit to lead the department .
Commissioner Robert Bonner , a former @ @ @ @ @ @ @ and Border Protection , said Villanueva has gone out of his way to “ alienate and even insult ” supervisors who request answers from him regarding department policy .
“ In a time when reforms are being demanded , and are long overdue , he ’ s generally dragged his feet , ” Bonner said of Villanueva .
In a surprising move from the former head of the Drug Enforcement Administration , Bonner called on Villanueva to resign .
“ It ’ s with great reluctance that I call on Sheriff Villanueva to @ @ @ @ @ @ @ this step lightly , ” said Bonner .
“ It ’ s apparent that he ’ s demonstrated on multiple occasions he lacks the judgment to be the sheriff and that he ’ s unable to provide the leadership needed at the sheriff ’ s department.
” “ The sheriff ’ s department does not have the leader it deserves , ” Commissioner Patti Giggans said at Thursday ’ s meeting .
“ Villanueva has proven that he can not effectively lead this department , ” Commissioner Priscilla Ocen said Thursday on Twitter @ @ @ @ @ @ @ vote of no confidence at its next meeting .
Villanueva did not immediately respond to a request for comment .
Commissioners also approved a resolution condemning the apparent ambush shooting of two LASD officers on Sept. 12 .
The officers , who were shot while sitting in their squad car , were critically injured but are expected to survive .
One officer was released from the hospital and started intensive rehabilitation , Villanueva said Wednesday .
Villanueva has defended the violent arrest of KPCC reporter Josie Huang , who was reporting on the @ @ @ @ @ @ @ reporter when officers pinned her to the ground and arrested her .
The sheriff said Huang failed to identify herself as a reporter , a claim that was disproven by video evidence of the arrest , and that she crossed from journalism to “ activism ” when she recorded officers arresting a protester .
Huntsman told commissioners LASD is impeding his investigation into Huang ’ s arrest and other issues including recent fatal police shootings .
“ I don ’ t believe we ’ re going to be able to investigate effectively all @ @ @ @ @ @ @ get compliance with the law by the sheriff ’ s department , ” Huntsman said , adding that his work is aided by the availability of video of the arrest from members of the public .
“ We can not shirk pointing out these deficiencies , these transgressions or when the sheriff ’ s department misses the mark , ” Giggans said .
The LA Times editorial board said Thursday that Villanueva ’ s handling of the probe into Huang ’ s arrest and his refusal to collaborate fully with Huntsman is the @ @ @ @ @ @ @ exist .
“ Oversight of elected sheriffs is a tricky business , because by tradition and to some extent by law they answer to voters alone , ” the board ’ s editorial said .
“ But the commission and the inspector general can spotlight the sheriff ’ s failures and misdeeds and call him to account , even if they lack the power to change his behavior or remove him from office.
” When asked about the commissioner ’ s comments Thursday at a press conference , Villanueva dismissed the suggestion that @ @ @ @ @ @ @ re a political body appointed by the Board of Supervisors and they ’ re part of the echo chamber of the board , ” Villanueva said of the COC .
“ There ’ s a fine line between watchdog and attack dog and they crossed that line a long time ago .
I ’ m going to ignore it and continue serving the community.
” In a prepared statement , LASD slammed the COC ’ s decision to raise the issue at a time when the department is responding to wildfires , the @ @ @ @ @ @ @ of its officers .
“ The fact this motion is even being considered , particularly when two members of our department are recovering from a life-threatening ambush , is morally repugnant and emblematic of the political animosity of the politically-appointed commission , ” the statement said .
“ It is becoming painfully obvious this commission is acting in retaliation against the sheriff for his efforts in investigating potential criminal conduct from county officials and for challenging the legality of subpoenaing the sheriff himself versus the LASD.
” Villanueva said at the press conference @ @ @ @ @ @ @ arrest of the person who shot the two deputies has risen to nearly $ 620,000 and that a care fund for the injured officers stood at over $ 800,000 .
Officials called the press conference to release additional details into the Aug. 31 fatal police shooting of Dijon Kizzee , a 29-year-old Black man , in South LA .
LASD Homicide Captain Kent Wagner told reporters officers spotted Kizzee riding his bicycle on the wrong side of the road and chased him after he fled .
Wagner said officers fatally shot Kizzee after @ @ @ @ @ @ @ he dropped a piece of clothing that police say was concealing a weapon .
Villanueva painted the Westmont community where Kizzee was killed as plagued by high levels of gun violence and in need of a heavy police presence .
“ The majority of residents there are upstanding , honest , law abiding citizens .
But they ’ re surviving almost in a war zone , ” Villanueva said .
“ This is not your average community across America .
We ’ re trying to save lives , plain and simple .
We @ @ @ @ @ @ @ or racially profiling .
”

Members of the Los Angeles County police watchdog group on Thursday called for Sheriff Alex Villanueva’s resignation over his department’s lack of transparency on fatal police shootings and other issues, marking the latest escalation in a power struggle between county officials and the increasingly combative law enforcement leader.
LOS ANGELES (CN) — Members of the Los Angeles County police watchdog group on Thursday called for Sheriff Alex Villanueva’s resignation over his department’s lack of transparency on fatal police shootings and other issues, marking the latest escalation in a power struggle between county officials and the increasingly combative law enforcement leader.
Villanueva has repeatedly clashed with the LA County Civilian Oversight Commission and the county Board of Supervisors over budgetary issues, the availability of officer-worn cameras and over the sheriff’s decision to rehire officers who were previously fired for misconduct.
The COC voted in May to sue Villanueva after he defied their subpoena to testify on measures to protect incarcerated people against Covid-19 infection in county jails. The case is pending in LA County Superior Court.
Civilian Oversight Commissioners have also pressed Villanueva to seriously clamp down on secret deputy gangs within the ranks of the LA County Sheriff’s Department.
Villanueva is investigating instances of LASD gang member violence but has also downplayed the issue as a normal element of society and one he’ll only shut down if gangs mistreat or kill members of the public or the department.
Commissioners have also slammed Villanueva’s refusal to cooperate with county Inspector General Max Huntsman on fatal police shooting probes, especially ones where LASD gangs are alleged to have been involved, such as the shooting of 18-year-old Andres Guardado in June.
The issue of assessing Villanueva’s performance in office came to head at the COC’s meeting Thursday when commissioners said the sheriff’s actions demonstrate that he’s unfit to lead the department.
Commissioner Robert Bonner, a former federal fudge and commissioner of U.S. Customs and Border Protection, said Villanueva has gone out of his way to “alienate and even insult” supervisors who request answers from him regarding department policy.
“In a time when reforms are being demanded, and are long overdue, he's generally dragged his feet,” Bonner said of Villanueva.
In a surprising move from the former head of the Drug Enforcement Administration, Bonner called on Villanueva to resign.
“It’s with great reluctance that I call on Sheriff Villanueva to resign. I don’t take this step lightly,” said Bonner. “It's apparent that he's demonstrated on multiple occasions he lacks the judgment to be the sheriff and that he's unable to provide the leadership needed at the sheriff's department.”
“The sheriff’s department does not have the leader it deserves,” Commissioner Patti Giggans said at Thursday’s meeting.
“Villanueva has proven that he cannot effectively lead this department,” Commissioner Priscilla Ocen said Thursday on Twitter.
The commission will take up the vote of no confidence at its next meeting.
Villanueva did not immediately respond to a request for comment.
Two LA County supervisors, Mark Ridley-Thomas and Sheila Kuehl, voiced their support of the commission's criticisms and called on the sheriff to resign Thursday evening.
Commissioners also approved a resolution condemning the apparent ambush shooting of two LASD officers on Sept. 12.
The officers, who were shot while sitting in their squad car, were critically injured but are expected to survive. One officer was released from the hospital and started intensive rehabilitation, Villanueva said Wednesday.
Villanueva has defended the violent arrest of KPCC reporter Josie Huang, who was reporting on the shooting of both officers as a credentialed reporter when officers pinned her to the ground and arrested her.
The sheriff said Huang failed to identify herself as a reporter, a claim that was disproven by video evidence of the arrest, and that she crossed from journalism to “activism” when she recorded officers arresting a protester.
Huntsman told commissioners LASD is impeding his investigation into Huang’s arrest and other issues including recent fatal police shootings.
“I don't believe we're going to be able to investigate effectively all those instances if we don't get compliance with the law by the sheriff's department,” Huntsman said, adding that his work is aided by the availability of video of the arrest from members of the public.
"We cannot shirk pointing out these deficiencies, these transgressions or when the sheriff's department misses the mark," Giggans said.
The LA Times editorial board said Thursday that Villanueva’s handling of the probe into Huang’s arrest and his refusal to collaborate fully with Huntsman is the strongest argument for why the COC should exist.
“Oversight of elected sheriffs is a tricky business, because by tradition and to some extent by law they answer to voters alone,” the board’s editorial said. “But the commission and the inspector general can spotlight the sheriff’s failures and misdeeds and call him to account, even if they lack the power to change his behavior or remove him from office.”
When asked about the commissioner's comments Thursday at a press conference, Villanueva dismissed the suggestion that he should resign.
“They're a political body appointed by the Board of Supervisors and they’re part of the echo chamber of the board,” Villanueva said of the COC. “There's a fine line between watchdog and attack dog and they crossed that line a long time ago. I'm going to ignore it and continue serving the community.”
In a prepared statement, LASD slammed the COC’s decision to raise the issue at a time when the department is responding to wildfires, the coronavirus pandemic and the shooting of two of its officers.
“The fact this motion is even being considered, particularly when two members of our department are recovering from a life-threatening ambush, is morally repugnant and emblematic of the political animosity of the politically-appointed commission,” the statement said.
“It is becoming painfully obvious this commission is acting in retaliation against the sheriff for his efforts in investigating potential criminal conduct from county officials and for challenging the legality of subpoenaing the sheriff himself versus the LASD.”
Villanueva said at the press conference the reward for information leading to the arrest of the person who shot the two deputies has risen to nearly $620,000 and that a care fund for the injured officers stood at over $800,000.
Officials called the press conference to release additional details into the Aug. 31 fatal police shooting of Dijon Kizzee, a 29-year-old Black man, in South LA.
LASD Homicide Captain Kent Wagner told reporters officers spotted Kizzee riding his bicycle on the wrong side of the road and chased him after he fled.
Wagner said officers fatally shot Kizzee after a physical fight with him and after he dropped a piece of clothing that police say was concealing a weapon.
Villanueva painted the Westmont community where Kizzee was killed as plagued by high levels of gun violence and in need of a heavy police presence.
“The majority of residents there are upstanding, honest, law abiding citizens. But they’re surviving almost in a war zone,” Villanueva said. “This is not your average community across America. We’re trying to save lives, plain and simple. We're not out there terrifying, or racially profiling.”


courthousenews--2020-09-18--Federal Judge Upholds Oklahoma’s Absentee Voting Requirements

TULSA , Okla. ( CN ) — A federal judge declined Thursday evening to block Oklahoma ’ s photo identification and notarized signature requirements for absentee ballots during the Covid-19 pandemic , ignoring Democrats ’ arguments that the law suppresses voters .
U.S. District Judge John Dowell in Tulsa refused to enter a preliminary injunction , concluding the requirements enacted by the Republican-controlled Oklahoma Legislature are “ reasonable , nondiscriminatory and legitimate.
” He said legislators have put in place measures to ensure voting will be safe .
“ The concerns about voting during the pandemic , especially to the @ @ @ @ @ @ @ a higher risk for serious outcomes , are justified , ” the 52-page opinion states .
“ However , the state has put in place alternatives that do not necessarily require that voters have direct contact with others in order to cast an absentee ballot , and the evidence and law substantiate that the state ’ s interests in preventing voter fraud and promoting certainty and confidence are sufficiently weighty to overcome any minor burden imposed upon Oklahoma voters during the pandemic.
” The Oklahoma Democratic Party and national Democratic Congressional Campaign Committee @ @ @ @ @ @ @ in May for declaratory and injunctive relief after Senate Bill 210 was enacted .
The law requires either a notarized signature or a photocopy of a voter ’ s identification if Republican Governor Kevin Stitt ’ s Covid-19 state of emergency is in effect 45 days before or after a scheduled election .
SB 210 was enacted mere days after the Oklahoma Supreme Court struck down a previous requirement that absentee ballots be notarized , finding that requirement failed to qualify as an exception to a 2002 state law allowing signed , sworn @ @ @ @ @ @ @ to suffice .
Judge Dowell also disagreed with the Democrats ’ challenge of the state ’ s deadline for county election boards to accept election ballots no later than 7:00 p.m. on Election Day .
He reasoned the court would have to delay county and state certifications deadlines by a week if he extended the deadline , creating a problem due to the Legislature ’ s terms expiring the fifteenth day after Election Day .
“ [ S ] uch delays would leave only 24 hours before the new members of the state @ @ @ @ @ @ @ the opinion states .
“ The remedy requested by plaintiffs would require numerous judicial-modifications of Oklahoma legislation , which the court is disinclined to do because of the disruption to the state ’ s overall electoral process.
” The judge said he placed “ significant weight ” on Oklahoma ’ s argument that changes to absentee ballot laws so close to Election Day would risk delaying delivery of ballots and confuse voters who want to vote absentee .
“ In short , the ballots , ballot envelopes and instructions for the ballot envelopes @ @ @ @ @ @ @ and August , and to require reprinting or a change in the election procedures would risk significant voter confusion , delay of receipt of absentee ballots and disenfranchising or dissuading voters who may otherwise wish to vote by absentee ballot , ” the opinion states .
Judge Dowell notes that if he decided to block the law , Oklahoma would be left without any voter identification requirements and that the risk of potential voter fraud “ undoubtedly increases.
” He was also not persuaded by the Democrats ’ argument that the state ’ @ @ @ @ @ @ @ back completed ballots constitutes an illegal poll tax .
Republican Oklahoma Attorney General Mike Hunter cheered the ruling , saying Judge Dowell “ got it right.
” “ I applaud his objective ruling , ” Hunter said in a statement .
“ The procedures put in place by the legislature this year , and extended by the governor ’ s recent executive order , make it perfectly safe for Oklahomans to cast their ballot for the November election .
Not to mention , hundreds of thousands of Oklahomans have already voted in both @ @ @ @ @ @ @ year in-person and by absentee ballot.
” The state election board ’ s website provides lists of several hundred banks , libraries and community centers that provide free notary and photo identification photocopying services for absentee voters .
Some of the locations provide drive-through services , Hunter said .
The Oklahoma Democratic Party did not immediately respond to an email message requesting comment Thursday evening .

A federal judge declined Thursday evening to block Oklahoma’s photo identification and notarized signature requirements for absentee ballots during the Covid-19 pandemic, ignoring Democrats’ arguments that the law suppresses voters.
TULSA, Okla. (CN) — A federal judge declined Thursday evening to block Oklahoma’s photo identification and notarized signature requirements for absentee ballots during the Covid-19 pandemic, ignoring Democrats’ arguments that the law suppresses voters.
U.S. District Judge John Dowell in Tulsa refused to enter a preliminary injunction, concluding the requirements enacted by the Republican-controlled Oklahoma Legislature are “reasonable, nondiscriminatory and legitimate.” He said legislators have put in place measures to ensure voting will be safe.
“The concerns about voting during the pandemic, especially to the elderly and other voters who are at a higher risk for serious outcomes, are justified,” the 52-page opinion states.
“However, the state has put in place alternatives that do not necessarily require that voters have direct contact with others in order to cast an absentee ballot, and the evidence and law substantiate that the state’s interests in preventing voter fraud and promoting certainty and confidence are sufficiently weighty to overcome any minor burden imposed upon Oklahoma voters during the pandemic.”
The Oklahoma Democratic Party and national Democratic Congressional Campaign Committee sued the state’s election board in May for declaratory and injunctive relief after Senate Bill 210 was enacted.
The law requires either a notarized signature or a photocopy of a voter’s identification if Republican Governor Kevin Stitt’s Covid-19 state of emergency is in effect 45 days before or after a scheduled election.
SB 210 was enacted mere days after the Oklahoma Supreme Court struck down a previous requirement that absentee ballots be notarized, finding that requirement failed to qualify as an exception to a 2002 state law allowing signed, sworn statements made under the penalty of perjury to suffice.
Judge Dowell also disagreed with the Democrats’ challenge of the state’s deadline for county election boards to accept election ballots no later than 7:00 p.m. on Election Day.
He reasoned the court would have to delay county and state certifications deadlines by a week if he extended the deadline, creating a problem due to the Legislature’s terms expiring the fifteenth day after Election Day.
“[S]uch delays would leave only 24 hours before the new members of the state House of Representatives are seated,” the opinion states. “The remedy requested by plaintiffs would require numerous judicial-modifications of Oklahoma legislation, which the court is disinclined to do because of the disruption to the state’s overall electoral process.”
The judge said he placed “significant weight” on Oklahoma’s argument that changes to absentee ballot laws so close to Election Day would risk delaying delivery of ballots and confuse voters who want to vote absentee.
“In short, the ballots, ballot envelopes and instructions for the ballot envelopes have necessarily already been printed in July and August, and to require reprinting or a change in the election procedures would risk significant voter confusion, delay of receipt of absentee ballots and disenfranchising or dissuading voters who may otherwise wish to vote by absentee ballot,” the opinion states.
Judge Dowell notes that if he decided to block the law, Oklahoma would be left without any voter identification requirements and that the risk of potential voter fraud “undoubtedly increases.”
He was also not persuaded by the Democrats’ argument that the state’s refusal to prepay postage to mail back completed ballots constitutes an illegal poll tax.
Republican Oklahoma Attorney General Mike Hunter cheered the ruling, saying Judge Dowell “got it right.”
“I applaud his objective ruling,” Hunter said in a statement. “The procedures put in place by the legislature this year, and extended by the governor’s recent executive order, make it perfectly safe for Oklahomans to cast their ballot for the November election. Not to mention, hundreds of thousands of Oklahomans have already voted in both the primary and run-off elections earlier this year in-person and by absentee ballot.”
The state election board’s website provides lists of several hundred banks, libraries and community centers that provide free notary and photo identification photocopying services for absentee voters. Some of the locations provide drive-through services, Hunter said.
The Oklahoma Democratic Party did not immediately respond to an email message requesting comment Thursday evening.


courthousenews--2020-09-18--Appellate Court Shuts Down Oakland’s Speech Protection Suit Against Coal Exporters

OAKLAND , Calif. ( CN ) — A state appellate court chided the city of Oakland Thursday for bringing an anti-SLAPP motion against developers of what stands to be the largest coal export terminal on the West Coast on the site of a decommissioned army base in West Oakland .
The city is accused of trying to thwart the project being developed by a cadre of industry players like Phil Tagami , President of California Capital & Investment Group .
Known as the Oakland Bulk and Oversized Terminal , the site will handle millions of tons of coal and petroleum @ @ @ @ @ @ @ miles away in Utah and destined for Asia .
But the Oakland City Council passed an ordinance prohibiting coal operations at bulk-material facilities in the city — and a resolution applying the ban to OBOT — after multiple studies found that coal dust blowing off trains can cause asthma or cancer , and that emissions from the terminal would worsen West Oakland ’ s already-poor air quality .
The ordinance brought the project to a halt , and Tagami sued in December 2016 to reverse the ban , claiming it violated a development @ @ @ @ @ @ @ A federal judge struck down the ordinance in 2018 over insufficient evidence that the terminal would increase pollution , and the Ninth Circuit Court of Appeals upheld his ruling in May .
Tagami and OBOT also sued the city in late 2018 for obstructing the project .
They claimed the city had broken lease agreements granting OBOT the right to develop the land and operate the terminal , resulting in delays that have cost $ 27 million .
Alameda Superior Court Judge Jo-Lynne Lee partially dismissed it earlier this year .
Without waiting @ @ @ @ @ @ @ then filed an anti-SLAPP motion , seeking clarity on Tagami ’ s sweeping lawsuit , but Lee dismissed it as premature .
“ The complaint in the case had been this blunderbuss , throw stuff against the wall and see what sticks kind of complaint and we wanted clarity , ” said James Finberg , an attorney at Altshuler Berzon who represents the city .
“ We wanted to know what the facts are going to be at trial.
” Barry Lee with Manatt Phelps , lead counsel for OBOT , said the @ @ @ @ @ @ @ litigation .
If the city wanted clarification , he said , they would have gotten it when OBOT amended its complaint .
“ There ’ s nothing in my view that ’ s confusing in our complaint , ” he said Thursday .
“ The city knows what our claims are .
There ’ s no confusion about that.
” The dispute ultimately boils down to a disagreement on the proper use of an anti-SLAPP motion .
The appellate court sided with OBOT .
California ’ s anti-SLAPP statute allows litigants to file @ @ @ @ @ @ @ arises out of activities involving First Amendment speech on matters of public concern .
The city ’ s motion accordingly claimed that OBOT ’ s lawsuit arose from various protected activities , like letters from Oakland Mayor Libby Schaaf and a city council member opposing funding for the terminal , and the city ’ s legal defense of its anti-coal ordinance .
But Tagami , OBOT and the other developer plaintiffs claimed their complaint arose from the city breaching its obligations under the lease agreement for the land .
Siding with OBOT , @ @ @ @ @ @ @ city based its position on a misstatement of OBOT ’ s case .
“ In other words , the city simply ignores plaintiffs ’ substantiated allegations , and replaces those allegations with its own version of facts to attempt to show the claims arise out of protected activity.
” he wrote .
Richman found the complaint to be based on the city ’ s “ refusal to cooperate , its stonewalling , and its tortious conduct , ” adding “ whatever else may be in the complaint , it is the background and @ @ @ @ @ @ @ that complaint.
” Richman also devoted 10 pages of the court ’ s opinion to expressing his displeasure with the state of anti-SLAPP law , writing that it continues to be abused as a legal strategy despite the judiciary ’ s reforming efforts .
“ It ’ s fair to say Justice Richman is not a big fan of anti-SLAPP motions , ” Finberg said .
He said the city ’ s motion aligns with the California Supreme Court ’ s ruling in Baral v. Schnitt that allows for mixed allegations of protected @ @ @ @ @ @ @ [ Richman ] has certain policy views on anti-SLAPP motions but look , the statute is the statute and the California Supreme Court in Baral has interpreted the statute the way it interpreted it , ” Finberg said .
“ In a case like this , what you call a mixed case , with some allegations of protected activity and some that is not protected activity , the proper procedure is for the court to look at the protected activity and go through those allegations , allegation by allegation.
” He added , @ @ @ @ @ @ @ ’ t like the Baral standard.
” Lee , with Manatt Phelps , said Richman made the right call .
“ Our clients are very pleased with the decision and we think it was the correct decision , ” he said .
“ The trial court fashioned a way to deal with these motions that is consistent with what the law requires and more importantly just makes good common sense.
” Richman — joined on the panel by Justice Therese Stewart and Justice Marla Miller — was also concerned about anti-SLAPP appeals , @ @ @ @ @ @ @ the motion is sorted out at the appellate level .
The justices concluded by saying “ perhaps the time has come for the Supreme Court to revisit the issue of an automatic stay , at least in the situation where it is indisputable that the action will proceed.
” The justices remanded the case back to the state court judge “ with directions to enter an order denying the motion on the merits .
”

A state appellate court chided the city of Oakland Thursday for bringing an anti-SLAPP motion against developers of what stands to be the largest coal export terminal on the West Coast on the site of a decommissioned army base in West Oakland.
OAKLAND, Calif. (CN) — A state appellate court chided the city of Oakland Thursday for bringing an anti-SLAPP motion against developers of what stands to be the largest coal export terminal on the West Coast on the site of a decommissioned army base in West Oakland.
The city is accused of trying to thwart the project being developed by a cadre of industry players like Phil Tagami, President of California Capital & Investment Group.
Known as the Oakland Bulk and Oversized Terminal, the site will handle millions of tons of coal and petroleum coke brought by train from nearly 1,000 miles away in Utah and destined for Asia.
But the Oakland City Council passed an ordinance prohibiting coal operations at bulk-material facilities in the city — and a resolution applying the ban to OBOT — after multiple studies found that coal dust blowing off trains can cause asthma or cancer, and that emissions from the terminal would worsen West Oakland’s already-poor air quality.
The ordinance brought the project to a halt, and Tagami sued in December 2016 to reverse the ban, claiming it violated a development agreement the city signed in 2013.
A federal judge struck down the ordinance in 2018 over insufficient evidence that the terminal would increase pollution, and the Ninth Circuit Court of Appeals upheld his ruling in May.
Tagami and OBOT also sued the city in late 2018 for obstructing the project. They claimed the city had broken lease agreements granting OBOT the right to develop the land and operate the terminal, resulting in delays that have cost $27 million.
Alameda Superior Court Judge Jo-Lynne Lee partially dismissed it earlier this year. Without waiting for an amended complaint, the city then filed an anti-SLAPP motion, seeking clarity on Tagami’s sweeping lawsuit, but Lee dismissed it as premature.
“The complaint in the case had been this blunderbuss, throw stuff against the wall and see what sticks kind of complaint and we wanted clarity,” said James Finberg, an attorney at Altshuler Berzon who represents the city. “We wanted to know what the facts are going to be at trial.”
Barry Lee with Manatt Phelps, lead counsel for OBOT, said the city’s anti-SLAPP motion stalled the litigation. If the city wanted clarification, he said, they would have gotten it when OBOT amended its complaint.
"There’s nothing in my view that’s confusing in our complaint,” he said Thursday. "The city knows what our claims are. There’s no confusion about that.”
The dispute ultimately boils down to a disagreement on the proper use of an anti-SLAPP motion. The appellate court sided with OBOT.
California’s anti-SLAPP statute allows litigants to file motions to strike a complaint if it arises out of activities involving First Amendment speech on matters of public concern.
The city’s motion accordingly claimed that OBOT’s lawsuit arose from various protected activities, like letters from Oakland Mayor Libby Schaaf and a city council member opposing funding for the terminal, and the city’s legal defense of its anti-coal ordinance.
“It’s quintessential protected activity,” Finberg said.
But Tagami, OBOT and the other developer plaintiffs claimed their complaint arose from the city breaching its obligations under the lease agreement for the land.
Siding with OBOT, Presiding Justice James Richman wrote that the city based its position on a misstatement of OBOT’s case.
“In other words, the city simply ignores plaintiffs’ substantiated allegations, and replaces those allegations with its own version of facts to attempt to show the claims arise out of protected activity." he wrote.
Richman found the complaint to be based on the city’s “refusal to cooperate, its stonewalling, and its tortious conduct,” adding “whatever else may be in the complaint, it is the background and context — the evidence — to support that complaint.”
Richman also devoted 10 pages of the court’s opinion to expressing his displeasure with the state of anti-SLAPP law, writing that it continues to be abused as a legal strategy despite the judiciary’s reforming efforts.
“It’s fair to say Justice Richman is not a big fan of anti-SLAPP motions,” Finberg said.
He said the city’s motion aligns with the California Supreme Court’s ruling in Baral v. Schnitt that allows for mixed allegations of protected and unprotected activity.
“I think [Richman] has certain policy views on anti-SLAPP motions but look, the statute is the statute and the California Supreme Court in Baral has interpreted the statute the way it interpreted it,” Finberg said.
“In a case like this, what you call a mixed case, with some allegations of protected activity and some that is not protected activity, the proper procedure is for the court to look at the protected activity and go through those allegations, allegation by allegation.”
He added, “It sounds like Justice Richman doesn’t like the Baral standard.”
Lee, with Manatt Phelps, said Richman made the right call.
“Our clients are very pleased with the decision and we think it was the correct decision,” he said. “The trial court fashioned a way to deal with these motions that is consistent with what the law requires and more importantly just makes good common sense.”
Richman — joined on the panel by Justice Therese Stewart and Justice Marla Miller — was also concerned about anti-SLAPP appeals, which stall lawsuits in state courts while the motion is sorted out at the appellate level. The justices concluded by saying "perhaps the time has come for the Supreme Court to revisit the issue of an automatic stay, at least in the situation where it is indisputable that the action will proceed."
The justices remanded the case back to the state court judge "with directions to enter an order denying the motion on the merits.”


courthousenews--2020-09-18--Federal Judge Rules Against City’s Cellphone Radiation Warning Law

( CN ) — A federal judge on Thursday ruled in favor of a wireless communication trade group five years after they claimed the city of Berkeley ’ s law that required retailers to warn customers about cellphone radiation violated their First Amendment rights .
The judge concluded that the city ’ s ordinance is preempted by the Federal Communications Commission ’ s regulatory actions on radio frequency emissions .
U.S. District Judge Edward Chen wrote in an 18-page order “ the FCC could properly conclude that the Berkeley ordinance — as worded — overwarns and stands as an obstacle @ @ @ @ @ @ @ by the FCC.
” The city ’ s 2015 ordinance required retailers to give customers guidance on avoiding radio-frequency exposure from cellphones .
CTIA filed their lawsuit in the Northern District of California and the court ruled in their favor , finding the ordinance language problematic .
But a modified ordinance deleted the troublesome language and the court ’ s preliminary injunction was lifted .
CTIA sought an appeal , which in 2017 the Ninth Circuit Court affirmed the district court ’ s ruling and the ordinance survived a challenge from the U.S. @ @ @ @ @ @ @ a prior ruling upholding the challenged law and sent the case back to the Ninth Circuit , mandating reconsideration in light of the high court ’ s decision to strike down California ’ s required disclosures on abortions services in National Institute of Family and Life Advocates v. Becerra in June 2018 .
The Ninth Circuit Court again upheld the law July 2019 and it returned to the district court this July .
CTIA motioned for judgment on the pleadings , arguing that the FCC in December 2019 issued an “ opinion and @ @ @ @ @ @ @ landscape of this case in several important ways , fatally undermining the city ’ s arguments in defense of the ordinance and the very basis on which the Ninth Circuit affirmed this court ’ s decision.
” The ordinance requires retailers to give notice that if customers “ carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network , you may exceed the federal guidelines for exposure to RF radiation .
Refer to the instructions in @ @ @ @ @ @ @ about how to use your phone safely.
” CTIA argues the ordinance is compelled speech that violates the First Amendment and is preempted by the FCC ’ s policies on safeguarding against potential health risks from RF emissions and maintaining a wireless communication system .
On Thursday , U.S. District Judge Edward Chen ruled in favor of the trade group , finding Berkeley ’ s ordinance is preempted by a 2019 RF update that found even if certified devices produce RF exposure that would be in excess of FCC limits , the exposure @ @ @ @ @ @ @ .
The 2019 RF update was published after the district court ruled and the Ninth Circuit Court took up the appeal .
Chen also found that the Berkeley ordinance was preempted by a statement of interest from the FCC that the ordinance should not be allowed to require the city ’ s warnings .
Chen wrote , “ The Statement is a clear statement by the FCC that the Berkeley ordinance specifically constitutes overwarning.
” He goes on to say , “ The Statement of Interest is consistent with the 2019 RF Order @ @ @ @ @ @ @ risk of overwarning.
” “ Furthermore , even if the Berkeley ordinance specifically is ( as the Ninth Circuit indicated ) literally true and not misleading , it does not necessarily follow that there is no risk of “ overwarning ” — especially given that the FCC is tasked with balancing the competing objectives of ensuring public health and safety and promoting the development and growth of the telecommunications network and related services.
” Berkeley argues their ordinance complements the FCC order , but Chen says the FCC ’ s objective is not @ @ @ @ @ @ @ but to balance that with promoting the growth of the industry .
The court can not decide if the FCC ’ s position in the statement of interest is not persuasive in the context of this competing objective and the required disclosure in the case , wrote Chen .
“ Given the specificity of the warning required by the Berkeley ordinance , the implied risk to safety if the warning is not followed ( a risk the FCC has concluded does not exist ) , and the acknowledged ” on whether RF radiation @ @ @ @ @ @ @ are kept too close to a person ’ s body over time , “ the FCC could properly conclude that the Berkeley ordinance – as worded – overwarns and stands as an obstacle to the accomplishment of balancing federal objectives by the FCC.
” Chen granted CTIA ’ s motion for judgment on the pleadings and because he found preemptions , the First Amendment violation argument does not need to be addressed .
The city of Berkeley ’ s attorneys and the plaintiff ’ s attorneys did not immediately respond to an email @ @ @ @ @ @ @ order .

A federal judge on Thursday ruled in favor of a wireless communication trade group five years after they claimed the city of Berkeley’s law that required retailers to warn customers about cellphone radiation violated their First Amendment rights.
(CN) — A federal judge on Thursday ruled in favor of a wireless communication trade group five years after they claimed the city of Berkeley’s law that required retailers to warn customers about cellphone radiation violated their First Amendment rights.
The judge concluded that the city’s ordinance is preempted by the Federal Communications Commission’s regulatory actions on radio frequency emissions.
U.S. District Judge Edward Chen wrote in an 18-page order “the FCC could properly conclude that the Berkeley ordinance — as worded — overwarns and stands as an obstacle to the accomplishment of balancing federal objectives by the FCC.”
The city’s 2015 ordinance required retailers to give customers guidance on avoiding radio-frequency exposure from cellphones. CTIA filed their lawsuit in the Northern District of California and the court ruled in their favor, finding the ordinance language problematic.
But a modified ordinance deleted the troublesome language and the court’s preliminary injunction was lifted. CTIA sought an appeal, which in 2017 the Ninth Circuit Court affirmed the district court’s ruling and the ordinance survived a challenge from the U.S. Supreme Court.
The Supreme Court vacated a prior ruling upholding the challenged law and sent the case back to the Ninth Circuit, mandating reconsideration in light of the high court’s decision to strike down California’s required disclosures on abortions services in National Institute of Family and Life Advocates v. Becerra in June 2018.
The Ninth Circuit Court again upheld the law July 2019 and it returned to the district court this July.
CTIA motioned for judgment on the pleadings, arguing that the FCC in December 2019 issued an “opinion and order on radiofrequency emissions that upends the landscape of this case in several important ways, fatally undermining the city’s arguments in defense of the ordinance and the very basis on which the Ninth Circuit affirmed this court’s decision.”
The ordinance requires retailers to give notice that if customers “carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. Refer to the instructions in your phone or user manual for information about how to use your phone safely.”
CTIA argues the ordinance is compelled speech that violates the First Amendment and is preempted by the FCC’s policies on safeguarding against potential health risks from RF emissions and maintaining a wireless communication system.
On Thursday, U.S. District Judge Edward Chen ruled in favor of the trade group, finding Berkeley’s ordinance is preempted by a 2019 RF update that found even if certified devices produce RF exposure that would be in excess of FCC limits, the exposure would be well below levels considered dangerous.
The 2019 RF update was published after the district court ruled and the Ninth Circuit Court took up the appeal.
Chen also found that the Berkeley ordinance was preempted by a statement of interest from the FCC that the ordinance should not be allowed to require the city’s warnings.
Chen wrote, “The Statement is a clear statement by the FCC that the Berkeley ordinance specifically constitutes overwarning.”
He goes on to say, “The Statement of Interest is consistent with the 2019 RF Order in recognizing that additional disclosures pose a risk of overwarning.”
“Furthermore, even if the Berkeley ordinance specifically is (as the Ninth Circuit indicated) literally true and not misleading, it does not necessarily follow that there is no risk of “overwarning” — especially given that the FCC is tasked with balancing the competing objectives of ensuring public health and safety and promoting the development and growth of the telecommunications network and related services.”
Berkeley argues their ordinance complements the FCC order, but Chen says the FCC’s objective is not focused on just health and safety, but to balance that with promoting the growth of the industry.
The court cannot decide if the FCC’s position in the statement of interest is not persuasive in the context of this competing objective and the required disclosure in the case, wrote Chen.
“Given the specificity of the warning required by the Berkeley ordinance, the implied risk to safety if the warning is not followed (a risk the FCC has concluded does not exist), and the acknowledged” on whether RF radiation from cellphones are dangerous if the phones are kept too close to a person’s body over time, “the FCC could properly conclude that the Berkeley ordinance – as worded – overwarns and stands as an obstacle to the accomplishment of balancing federal objectives by the FCC.”
Chen granted CTIA’s motion for judgment on the pleadings and because he found preemptions, the First Amendment violation argument does not need to be addressed.
The city of Berkeley’s attorneys and the plaintiff’s attorneys did not immediately respond to an email for comment on the court’s order.


Planned Parenthood

MANHATTAN — David Daleiden , an anti-abortion rights advocate facing criminal charges in California for intruding upon Planned Parenthood conferences @ @ @ @ @ defamation Thursday in federal court in New York .
He claims the organization defamed him @ @ @ @ @ fake .


courthousenews--2020-09-19--Donation Tug O’ War

Donation Tug O’ War

SAN DIEGO — A former University of California , San Diego , brain cancer researcher and the UC regents have @ @ @ @ @ dispute over a $ 10 million gift from a patient of the researcher to the @ @ @ @ @ .


Prison Pandemic

LOS ANGELES — A federal judge on Friday denied a bid by the Bureau of Prisons and the Lompoc federal @ @ @ @ @ lawsuit by more than 1,000 inmates who seek expedited review for compassionate release and home @ @ @ @ @ for Covid-19 .


courthousenews--2020-09-18--Supreme Court Justice Ruth Bader Ginsburg, Dead at 87

( CN ) — U.S. Supreme Court Justice Ruth Bader Ginsburg died Friday at her family home in Washington of complications from pancreatic cancer , the high court said .
She was 87 .
“ Our nation has lost a jurist of historic stature , ” Chief Justice John Roberts said in a statement .
“ Our nation has lost a jurist of historic stature .
We at the Supreme Court have lost a cherished colleague .
Today we mourn , but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and @ @ @ @ @ @ @ appointed to the high court by former President Bill Clinton in 1993 , serving previously on the U.S. Court of Appeals .
Over 159 law clerks worked under Ginsburg ’ s tutelage at the court , where she served for 27 years .
A prolific advocate for women ’ s rights , in 1971 Ginsburg helped launch the Women ’ s Rights Project of the American Civil Liberties Union and was the group ’ s general counsel .
She then served on the ACLU ’ s national board of directors until 1980 , @ @ @ @ @ @ @ Court of Appeals .
The Brooklyn , New York , native received a bachelor ’ s degree from Cornell University in 1954 — the same year she married her husband , Martin D. Ginsburg — before moving onto Harvard Law School in 1956 .
Ginsburg then received a law degree from Columbia Law School and clerked for Southern District of New York Judge Edmund L. Palmieri from 1959 to 1961 .
The next two years she was a research associate at the Columbia Law School Project on International Procedure before coming associate director @ @ @ @ @ @ @ for nine years at Rutgers ’ University School of Law .
Ginsburg struggled with pancreatic cancer and was hospitalized multiple times in the last year .
In August 2019 , the high court announced she had undergone three weeks of radiation therapy for a tumor on her pancreas discovered during a blood test the previous month .
The court said treatment caused Ginsburg to cancel her yearly trip to Santa Fe but otherwise she focused on work .
Most recently , she was believed to have an infection and was admitted to a @ @ @ @ @ @ @ being admitted to Johns Hopkins Hospital in Baltimore .
The stay at Johns Hopkins marked the third stay at an area hospital in eight months .
In November 2019 , she went to the hospital with the complaints of chills and participated in oral arguments by telephone this past May after treatment for a benign gallbladder condition .
Anthony D. Romero , the ACLU ’ s executive director , said in a statement Friday that few people have “ such a dramatic and lasting effect of a particular area of law ” that @ @ @ @ @ @ @ the organization in the 1970s .
“ By 1974 , the Women ’ s Rights Project and ACLU affiliates had participated in over 300 sex discrimination cases ; between 1969 and 1980 the ACLU participated in 66 % of gender discrimination cases decided by the Supreme Court , ” Romero said .
“ In her honor , we will be dedicating the ACLU Center for Liberty as the Ruth Bader Ginsburg Liberty Center .
”

(CN) — U.S. Supreme Court Justice Ruth Bader Ginsburg died Friday at her family home in Washington of complications from pancreatic cancer, the high court said. She was 87.
“Our nation has lost a jurist of historic stature,” Chief Justice John Roberts said in a statement. “We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute champion of justice.”
Ginsburg was appointed to the high court by former President Bill Clinton in 1993, serving previously on the U.S. Court of Appeals. Over 159 law clerks worked under Ginsburg’s tutelage at the court, where she served for 27 years.
A prolific advocate for women’s rights, in 1971 Ginsburg helped launch the Women’s Rights Project of the American Civil Liberties Union and was the group’s general counsel. She then served on the ACLU’s national board of directors until 1980, when she was appointed to the U.S. Court of Appeals.
The Brooklyn, New York, native received a bachelor’s degree from Cornell University in 1954 — the same year she married her husband, Martin D. Ginsburg — before moving onto Harvard Law School in 1956.
Ginsburg then received a law degree from Columbia Law School and clerked for Southern District of New York Judge Edmund L. Palmieri from 1959 to 1961. The next two years she was a research associate at the Columbia Law School Project on International Procedure before coming associate director of the program. She taught law for nine years at Rutgers’ University School of Law.
Ginsburg struggled with pancreatic cancer and was hospitalized multiple times in the last year. In August 2019, the high court announced she had undergone three weeks of radiation therapy for a tumor on her pancreas discovered during a blood test the previous month.
The court said treatment caused Ginsburg to cancel her yearly trip to Santa Fe but otherwise she focused on work.
Most recently, she was believed to have an infection and was admitted to a Washington hospital for fever and chills before being admitted to Johns Hopkins Hospital in Baltimore.
The stay at Johns Hopkins marked the third stay at an area hospital in eight months. In November 2019, she went to the hospital with the complaints of chills and participated in oral arguments by telephone this past May after treatment for a benign gallbladder condition.
Anthony D. Romero, the ACLU’s executive director, said in a statement Friday that few people have “such a dramatic and lasting effect of a particular area of law” that Ginsburg had — noting her work for the organization in the 1970s.
“By 1974, the Women’s Rights Project and ACLU affiliates had participated in over 300 sex discrimination cases; between 1969 and 1980 the ACLU participated in 66% of gender discrimination cases decided by the Supreme Court,” Romero said. “In her honor, we will be dedicating the ACLU Center for Liberty as the Ruth Bader Ginsburg Liberty Center.”
President DonaldTrump said in a statement Friday Ginsburg was known for her powerful dissents and “demonstrated that one can disagree without being disagreeable towards one’s colleagues,” or opposing opinions.
“Her opinions, including well-known decisions regarding the legal equality of women and the disabled, have inspired all Americans, and generations of great legal minds,” he said.
Congressman Jerry Nadler said in a statement that Ginsburg “left an indelible mark on this country” and that her loss was felt deeply.
“She will be remembered for her brilliant mind, her razor-sharp wit and her tenacious and lifelong fight to protect the rights of women in this country. In a year of incalculable loss, may we pause for a moment to honor this remarkable woman who never backed down from a fight and was never afraid to stand up for what she believed.”
Senate Majority Leader Mitch McConnell said in a statement Friday should President Donald Trump select a nominee for Ginsburg’s seat that person, “will receive a vote on the floor of the United States Senate.”
McConnell blocked former President Barack Obama’s pick in 2016, noting it was too close to an election year for the Senate to vote on another confirmation.
“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledge to check and balance the last days of a lame-duck president’s second term,” McConnell said in a statement. “We kept our promise. Since the 1880s no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”
Ginsburg penned the Supreme Court’s opinion in United States V. Virginia, ending the Virginia Military Institute’s male-only admission policy. She also was an instrumental voice in Safford Unified School District v. Redding, where an eighth-grade student was strip searched by school officials, after another claimed she had ibuprofen.
Equal pay disputes on the basis of sex also took center stage for Ginsburg during her time on the court. In Ledbetter v. Goodyear Tire and Rubber Company, although the high court ruled a retired employee had no claim for damages, she wrote there was no reason to prevent the employee “from later challenging the then current and continuing payment of a wage depressed on account of her sex.”
Alaska Senator Lisa Murkowski told an Alaska Public Media correspondent in Washington, D.C. before Ginsburg’s death Friday that she would not confirm a new justice until after the election. According to the report, Murkowski said when McConnell halted Obama’s pick in 2016 it was “too close to an election” and “people needed to decide” on a president.


courthousenews--2020-09-18--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-09-18--Biden, Trump Visit Minnesota as Early Voters Head to the Polls

DULUTH , Minn. ( CN ) — Presidential candidates Joe Biden and Donald Trump both made visits to Minnesota on Friday , courting votes in the battleground state as the first voters went to the polls .
To kick off his Duluth visit , Biden met with labor leaders at the Jerry Alander Carpenter Training Center in the suburb of Hermantown .
He received a welding demonstration and talked about his push to make government agencies buy U.S.-made products .
He was joined by U.S .
Senator and former primary opponent Amy Klobuchar , whose family ’ s Iron Range @ @ @ @ @ @ @ her own campaign messaging .
“ We ’ re going to have to rebuild an economy in the wake of Covid-19 , and as we do , we have an incredible opportunity to make a long-overdue investment for working families , ” he said .
Biden hit on the message of increasing manufacturing in the U.S. “ When the government spends taxpayers ’ money , we should spend that money to buy American products made by American workers and American supply chains to generate American growth , ” he said .
Trump arrived @ @ @ @ @ @ @ at the city ’ s airport .
His camp has also pushed jobs as a major selling point , with several northern Minnesota mayors releasing a letter on Friday extolling his support for mining .
“ As a result of the Trump Administration ’ s policies , our communities were given a much needed shot in the arm so that our towns can roar back to life , ” the mayors wrote , “ and there is no one we Rangers trust to bring about the great American comeback more than President Donald @ @ @ @ @ @ @ into many of Trump ’ s latest ads and speeches as ground zero for nationwide civil unrest that followed the death of George Floyd .
While Trump called Floyd ’ s death “ a tragedy , ” he has demonized protesters as “ thugs ” and used the protests to galvanize a “ law and order ” message targeted towards white suburban and rural voters .
Polling suggests that that messaging hasn ’ t done much for Trump in Minnesota , and shows Biden with a comfortable lead across the state with 57 @ @ @ @ @ @ @ , dwarfing Trump ’ s 41 % .
Local Republicans , including Minnesota GOP chair Jennifer Carnahan , have dismissed the polls , saying polls did not predict Trump ’ s 2016 win .
Minnesota is the electoral college ’ s most consistent Democratic state , having voted blue in every presidential election since 1976 .
After losing the state by a narrow 1.5 % in 2016 , the closest a Republican has come to winning Minnesota ’ s 10 electoral votes since native son Walter Mondale challenged Ronald Reagan , Trump has @ @ @ @ @ @ @ .
Biden has responded , reserving $ 3 million for TV ads in Minnesota through November to Trump ’ s $ 14 million .
While Trump ’ s sum is substantially larger , Biden ’ s is a noticeable jump from Hillary Clinton ’ s $ 1 million in Minnesota ad spending in 2016 .
Minnesota is in the midst of a political reshuffle .
The state ’ s Democratic Farmer Labor Party overwhelmingly won over suburban voters in the 2018 midterm elections , winning over the suburban 2nd and 3rd Congressional Districts @ @ @ @ @ @ @ gains in rural areas once considered DFL strongholds , including the state ’ s 1st and 8th congressional districts .
Both candidates courted those voters in their visits , with Biden paying a visit to the northeastern industrial center of Duluth and Trump stopping in the northwestern tourist hub of Bemidji .
Democrats dominated the northern portion of the state known as the Iron Range from the end of World War II through the first decade of the new millenium , in part because of the support of unionized workers in its iron @ @ @ @ @ @ @ Those union numbers have dwindled in recent years , and conflicts over the environmental impacts of mining in the area have sown division within the party .
Friday was the first day of early voting in Minnesota , along with Virginia , South Dakota and Wyoming .
Those four states are among the earliest to begin in-person early voting , preceded only by Pennsylvania .
Absentee ballots were also mailed out Friday in Minnesota , South Dakota , West Virginia and Arkansas .
2016 was Minnesota ’ s first presidential election with no-excuse @ @ @ @ @ @ @ 415,000 early votes were cast in that election .
That number rose to over 637,000 in 2018 and is expected to rise dramatically again this year in light of the ongoing COVID-19 pandemic .
Absentee balloting has been bolstered by a series of court rulings and consent decrees .

Presidential candidates Joe Biden and Donald Trump both made visits to Minnesota on Friday, courting votes in the battleground state as the first voters went to the polls.
DULUTH, Minn. (CN) — Presidential candidates Joe Biden and Donald Trump both made visits to Minnesota on Friday, courting votes in the battleground state as the first voters went to the polls.
To kick off his Duluth visit, Biden met with labor leaders at the Jerry Alander Carpenter Training Center in the suburb of Hermantown. He received a welding demonstration and talked about his push to make government agencies buy U.S.-made products.
He was joined by U.S. Senator and former primary opponent Amy Klobuchar, whose family’s Iron Range roots have long been a part of her own campaign messaging.
“We’re going to have to rebuild an economy in the wake of Covid-19, and as we do, we have an incredible opportunity to make a long-overdue investment for working families,” he said.
Biden hit on the message of increasing manufacturing in the U.S.
“When the government spends taxpayers' money, we should spend that money to buy American products made by American workers and American supply chains to generate American growth," he said.
Trump arrived in Bemidji for a 6 p.m. rally at the city’s airport. His camp has also pushed jobs as a major selling point, with several northern Minnesota mayors releasing a letter on Friday extolling his support for mining.
“As a result of the Trump Administration’s policies, our communities were given a much needed shot in the arm so that our towns can roar back to life,” the mayors wrote, “and there is no one we Rangers trust to bring about the great American comeback more than President Donald Trump,”
But Minnesota has figured into many of Trump’s latest ads and speeches as ground zero for nationwide civil unrest that followed the death of George Floyd.
While Trump called Floyd’s death “a tragedy,” he has demonized protesters as “thugs” and used the protests to galvanize a “law and order” message targeted towards white suburban and rural voters.
Polling suggests that that messaging hasn’t done much for Trump in Minnesota, and shows Biden with a comfortable lead across the state with 57% of likely voters polled supporting him, dwarfing Trump’s 41%.
Local Republicans, including Minnesota GOP chair Jennifer Carnahan, have dismissed the polls, saying polls did not predict Trump’s 2016 win.
Minnesota is the electoral college’s most consistent Democratic state, having voted blue in every presidential election since 1976. After losing the state by a narrow 1.5% in 2016, the closest a Republican has come to winning Minnesota’s 10 electoral votes since native son Walter Mondale challenged Ronald Reagan, Trump has repeatedly announced his intent to change that.
Biden has responded, reserving $3 million for TV ads in Minnesota through November to Trump’s $14 million. While Trump’s sum is substantially larger, Biden’s is a noticeable jump from Hillary Clinton’s $1 million in Minnesota ad spending in 2016.
Minnesota is in the midst of a political reshuffle. The state’s Democratic Farmer Labor Party overwhelmingly won over suburban voters in the 2018 midterm elections, winning over the suburban 2nd and 3rd Congressional Districts. Republicans, meanwhile, made big gains in rural areas once considered DFL strongholds, including the state’s 1st and 8th congressional districts.
Both candidates courted those voters in their visits, with Biden paying a visit to the northeastern industrial center of Duluth and Trump stopping in the northwestern tourist hub of Bemidji.
Democrats dominated the northern portion of the state known as the Iron Range from the end of World War II through the first decade of the new millenium, in part because of the support of unionized workers in its iron ore and later taconite mining industries. Those union numbers have dwindled in recent years, and conflicts over the environmental impacts of mining in the area have sown division within the party.
Friday was the first day of early voting in Minnesota, along with Virginia, South Dakota and Wyoming. Those four states are among the earliest to begin in-person early voting, preceded only by Pennsylvania. Absentee ballots were also mailed out Friday in Minnesota, South Dakota, West Virginia and Arkansas.
2016 was Minnesota’s first presidential election with no-excuse absentee and early voting, and over 415,000 early votes were cast in that election. That number rose to over 637,000 in 2018 and is expected to rise dramatically again this year in light of the ongoing COVID-19 pandemic. Absentee balloting has been bolstered by a series of court rulings and consent decrees.


courthousenews--2020-09-18--Texas Appeals Court OKs Plan to Send Ballot Applications to All Harris County Voters

HOUSTON ( CN ) — The elections chief of Texas ’ biggest county Friday moved closer to his goal of sending absentee ballot applications to all its registered voters when an appellate court approved the plan .
Texas Attorney General Ken Paxton , a Republican , sued Harris County Clerk Chris Hollins , a Democrat , on Aug. 31 , seeking an injunction to block Hollins from sending the applications to the county ’ s 2.4 million registered voters .
The litigation is one of more than 30 voting-related lawsuits pending in courts across the U.S. And it is not @ @ @ @ @ @ @ the Texas Supreme Court .
Since Hollins announced the mass mailing initiative in late August , he has said he simply wants to give voters information about their rights .
He also says voting by mail is the safest way to vote and each person who does so will be one less person who could expose others to Covid-19 at the polls or be exposed themselves .
The state argues Hollins could walk some voters into a felony , punishable by up to two years in jail , by confusing them they are @ @ @ @ @ @ @ are not .
Texas is one of six states this election cycle requiring voters to have an excuse to vote by mail .
To qualify , one must be 65 or older , in jail , disabled or out of their home county .
Texas Elections Director Keith Ingram testified at a Sept. 9 hearing he believes voters will be confused even though the mailer clearly states the eligibility guidelines for casting an absentee ballot , and includes this disclaimer in red type , “ You do not qualify as ‘ disabled ’ @ @ @ @ @ @ @ Though the applications can be printed on the Texas secretary of state ’ s website , and organizations and individuals are free to distribute them , the state said Hollins ’ plan to send them to all registered voters is unprecedented for a county elections chief and , unlike applications provided by other parties , would give voters the false impression they qualify given that they ’ re coming from a county clerk .
“ My experience is that voters don ’ t read instructions , they just try to fill in blanks @ @ @ @ @ @ @ District Judge R.K. Sandill gave Hollins ’ plan his blessing Sept. 11 , finding nothing in the Texas Election Code bars Hollins from distributing the applications .
Paxton appealed to the Texas 14th Court of Appeals in Houston .
A three-judge panel of the court Friday affirmed Sandill ’ s order and refused to stop the applications from going out .
“ The State failed to meet its burden of showing that mailing the applications will result in irreparable injury , ” the judges wrote in a unanimous 11-page order .
“ The @ @ @ @ @ @ @ best speculative , ” the order continues .
“ The State ’ s argument is based on mere conjecture ; there is , in this record , no proof that voters will intentionally violate the Election Code and no proof that voters will fail to understand the mailer and intentionally commit a felony , or be aided by the election official in doing so.
” The Texas Supreme Court on Sept. 15 imposed a stay at Paxton ’ s urging , barring Hollins from mailing any unsolicited vote-by-mail applications until the 14th Court @ @ @ @ @ @ @ and it resolves any petition for review .
“ We ’ re now calling on the Texas Supreme Court to lift its stay so we can get back to preserving democracy in Harris County , ” Hollins said in a statement Friday .
Paxton said late Friday he will be filing a petition for review with the Texas Supreme Court shortly .
“ The Harris County Clerk knowingly decided to violate Texas election law and eschewed his duty to protect the integrity of our democratic process , ” Paxton said .
“ I @ @ @ @ @ @ @ decision earlier this week putting that unlawful plan on hold , and I look forward to demonstrating to the Court how Hollins ’ plan violates Texas law.
” Harris County , the country ’ s third most populous county , has more registered voters than 24 states .
Despite the litigation , in which both sides have accused each other of voter suppression , Ingram said he applauds Hollins for taking steps to make voting easier for what is expected to be a historic turnout in the Nov. 3 presidential election .
The @ @ @ @ @ @ @ Park , a sprawling property that houses the Houston Texans ’ stadium , where election workers will hand voters tablets with ballots loaded onto them after they pull into a parking spot .
Hollins said the county will also have 120 early vote sites , triple the number it has ever had for a presidential election .
And the early polls will be open for 24 hours on Oct. 29 .
On Election Day , Hollins says , there will be a record 800 polling places .
And his staff has developed an @ @ @ @ @ @ @ closest to them and how long the line is at each one .
Hollins , a 34-year-old personal injury attorney , took office in June upon appointment by county officials after his predecessor Diane Trautman resigned for health reasons .
He is getting a crash course in election administration , work he had no experience with before his appointment .
Happy with his interim role , he ’ s said he does not intend to run for the position the next time it comes up for election .

The elections chief of Texas’ biggest county Friday moved closer to his goal of sending absentee ballot applications to all its registered voters when an appellate court approved the plan.
HOUSTON (CN) — The elections chief of Texas’ biggest county Friday moved closer to his goal of sending absentee ballot applications to all its registered voters when an appellate court approved the plan.
Texas Attorney General Ken Paxton, a Republican, sued Harris County Clerk Chris Hollins, a Democrat, on Aug. 31, seeking an injunction to block Hollins from sending the applications to the county’s 2.4 million registered voters.
The litigation is one of more than 30 voting-related lawsuits pending in courts across the U.S. And it is not over as Paxton will undoubtedly appeal to the Texas Supreme Court.
Since Hollins announced the mass mailing initiative in late August, he has said he simply wants to give voters information about their rights.
He also says voting by mail is the safest way to vote and each person who does so will be one less person who could expose others to Covid-19 at the polls or be exposed themselves.
The state argues Hollins could walk some voters into a felony, punishable by up to two years in jail, by confusing them they are eligible to vote by mail when they are not.
Texas is one of five states this election cycle requiring voters to have an excuse to vote by mail. To qualify, one must be 65 or older, in jail, disabled or out of their home county.
Texas Elections Director Keith Ingram testified at a Sept. 9 hearing he believes voters will be confused even though the mailer clearly states the eligibility guidelines for casting an absentee ballot, and includes this disclaimer in red type, “You do not qualify as ‘disabled’ just because you fear contracting Covid-19.”
Though the applications can be printed on the Texas secretary of state’s website, and organizations and individuals are free to distribute them, the state said Hollins’ plan to send them to all registered voters is unprecedented for a county elections chief and, unlike applications provided by other parties, would give voters the false impression they qualify given that they’re coming from a county clerk.
“My experience is that voters don’t read instructions, they just try to fill in blanks,” Ingram testified.
Harris County District Judge R.K. Sandill gave Hollins’ plan his blessing Sept. 11, finding nothing in the Texas Election Code bars Hollins from distributing the applications.
Paxton appealed to the Texas 14th Court of Appeals in Houston. A three-judge panel of the court Friday affirmed Sandill’s order and refused to stop the applications from going out.
“The State failed to meet its burden of showing that mailing the applications will result in irreparable injury,” the judges wrote in a unanimous 11-page order.
“The injury alleged by the State is at best speculative,” the order continues. “The State’s argument is based on mere conjecture; there is, in this record, no proof that voters will intentionally violate the Election Code and no proof that voters will fail to understand the mailer and intentionally commit a felony, or be aided by the election official in doing so.”
The Texas Supreme Court on Sept. 15 imposed a stay at Paxton’s urging, barring Hollins from mailing any unsolicited vote-by-mail applications until the 14th Court of Appeals ruled on the case, and it resolves any petition for review.
“We’re now calling on the Texas Supreme Court to lift its stay so we can get back to preserving democracy in Harris County,” Hollins said in a statement Friday.
Paxton said late Friday he will be filing a petition for review with the Texas Supreme Court shortly.
“The Harris County Clerk knowingly decided to violate Texas election law and eschewed his duty to protect the integrity of our democratic process,” Paxton said. “I commend the Texas Supreme Court’s decision earlier this week putting that unlawful plan on hold, and I look forward to demonstrating to the Court how Hollins’ plan violates Texas law.”
Harris County, the country’s third most populous county, has more registered voters than 24 states.
Despite the litigation, in which both sides have accused each other of voter suppression, Ingram said he applauds Hollins for taking steps to make voting easier for what is expected to be a historic turnout in the Nov. 3 presidential election.
The county will offer drive-through voting at NRG Park, a sprawling property that houses the Houston Texans’ stadium, where election workers will hand voters tablets with ballots loaded onto them after they pull into a parking spot.
Hollins said the county will also have 120 early vote sites, triple the number it has ever had for a presidential election. And the early polls will be open for 24 hours on Oct. 29.
On Election Day, Hollins says, there will be a record 800 polling places. And his staff has developed an app where voters can see the locations closest to them and how long the line is at each one.
Hollins, a 34-year-old personal injury attorney, took office in June upon appointment by county officials after his predecessor Diane Trautman resigned for health reasons. He is getting a crash course in election administration, work he had no experience with before his appointment.
Happy with his interim role, he’s said he does not intend to run for the position the next time it comes up for election.