courthousenews--2020-12-18--Scientists Uncover Secrets of Prehistoric ‘Crazy Beast’

( CN ) — Archeologists have uncovered another puzzle piece of the history behind prehistoric mammals following the discovery of a well-preserved fossil of a curious little creature whose name directly translates to “ crazy beast.
” According to a 20 year-long study , published Thursday in the Journal of Vertebrate Paleontology , the fossil named Adalatherium , fills in some important blanks about ancient mammals from the supercontinent of Gondwana 66 million years ago .
The study was conducted by a team of 14 international researchers , led by David Krause from the Denver Museum of Nature & Science @ @ @ @ @ @ @ York Institute of Technology .
They announced the discovery in April in the journal Nature , and released another feature in the Society of Vertebrate Paleontology Memoir series , which highlights the most noteworthy fossils of each year .
In its prime , this fascinating mammal lived on what is now known as Africa , South America , Australia , Antarctica , the Indian subcontinent and the Arabian Peninsula .
The researchers struck an information gold mine with this fossil , as it is the best representation of mammals from the southern hemisphere @ @ @ @ @ @ @ important piece in a very large puzzle on early mammalian evolution in the southern hemisphere , one in which most of the other pieces are still missing , ” Hoffmann said .
The crazy beast has such mismatched bone structure , it was difficult to piece together and render an actual image .
Its recreation looks similar on the surface to a common badger , but the authors emphasize how confusing and anomalous its contents really are .
It had more trunk vertebrae than the average mammal , indicating strong back muscles that @ @ @ @ @ @ @ as it walked , and it just gets weirder from there .
It had strong back legs that sprawled-out on either side , but skinnier front legs that were positioned under its body , making the researchers wonder how the mammal even walked .
The creature had front bucked teeth like a rabbit but alien-like back teeth not seen in any other mammal before .
And it seems to have had an unexplained hole in it ’ s head just above the snout , also never before seen in any other mammal and @ @ @ @ @ @ @ , the researchers had a lot to unpack .
They suspect that due to the strong claws and back legs , the Adalatherium would have been excellent at digging , while the front legs suggested it could have also been a quick runner .
The researchers describe the teeth as plain bizarre , with front teeth suggesting it may have been a herbivore , but the most unusual back teeth that don ’ t match any known records .
The authors note that if the teeth were the only part of the Adalatherium @ @ @ @ @ @ @ made the connection and the crazy beast would have remained hidden from the world .
Furthermore , the hole above the snout is a remarkable mystery , and while it may have been covered with cartilage , there is simply no way of knowing .
“ Adalatherium is simply odd .
Trying to figure out how it moved , for instance , was challenging because its front end is telling us a completely different story than its back end , ” Hoffman said .
The fossil indicates that the animal was about the @ @ @ @ @ @ @ weighing just under 7 pounds , it would have been one of the largest mammals of its time .
It lived alongside the dinosaurs 145-66 million years ago on what is modern day Madagascar .
It is believed to be descended from a strange group of prehistoric , herbivorous mammals called gondwanatherians , the first evidence of which was discovered approximately 40 years ago .
Until the Adalatherium came along , scientists only knew of these mammals from a handful of teeth , jaw fragments , and a partial cranium , and they @ @ @ @ @ @ @ evolved from other mammals .
“ Knowing what we know about the skeletal anatomy of all living and extinct mammals , it is difficult to imagine that a mammal like Adalatherium could have evolved ; it bends and even breaks a lot of rules , ” Krause said .
A possible explanation as to why the Adalatherium is so chaotic is that at the time of its death , Madagascar had already separated from Gondwana .
It had been isolated from nearby continents , including Africa and India , for millions of years @ @ @ @ @ @ @ evolve separately from other mammals .
“ Islands are the stuff of weirdness , ” said Krause , “ and there was therefore ample time for Adalatherium to develop its many extraordinarily peculiar features in isolation.
” The authors say that the crazy beast proves how much is still unknown about early mammals in the southern hemisphere .

Archeologists have uncovered another puzzle piece of the history behind prehistoric mammals following the discovery of a well-preserved fossil of a curious little creature whose name directly translates to “crazy beast.”
(CN) — Archeologists have uncovered another puzzle piece of the history behind prehistoric mammals following the discovery of a well-preserved fossil of a curious little creature whose name directly translates to “crazy beast.”
According to a 20 year-long study, published Thursday in the Journal of Vertebrate Paleontology, the fossil named Adalatherium, fills in some important blanks about ancient mammals from the supercontinent of Gondwana 66 million years ago.
The study was conducted by a team of 14 international researchers, led by David Krause from the Denver Museum of Nature & Science, and Simone Hoffmann from the New York Institute of Technology.
They announced the discovery in April in the journal Nature, and released another feature in the Society of Vertebrate Paleontology Memoir series, which highlights the most noteworthy fossils of each year.
In its prime, this fascinating mammal lived on what is now known as Africa, South America, Australia, Antarctica, the Indian subcontinent and the Arabian Peninsula. The researchers struck an information gold mine with this fossil, as it is the best representation of mammals from the southern hemisphere pre-mass extinction.
"Adalatherium is an important piece in a very large puzzle on early mammalian evolution in the southern hemisphere, one in which most of the other pieces are still missing," Hoffmann said.
The crazy beast has such mismatched bone structure, it was difficult to piece together and render an actual image. Its recreation looks similar on the surface to a common badger, but the authors emphasize how confusing and anomalous its contents really are.
It had more trunk vertebrae than the average mammal, indicating strong back muscles that likely made it wiggle side to side as it walked, and it just gets weirder from there.
It had strong back legs that sprawled-out on either side, but skinnier front legs that were positioned under its body, making the researchers wonder how the mammal even walked.
The creature had front bucked teeth like a rabbit but alien-like back teeth not seen in any other mammal before. And it seems to have had an unexplained hole in it’s head just above the snout, also never before seen in any other mammal and its purpose unknown.
Needless to say, the researchers had a lot to unpack.
They suspect that due to the strong claws and back legs, the Adalatherium would have been excellent at digging, while the front legs suggested it could have also been a quick runner.
The researchers describe the teeth as plain bizarre, with front teeth suggesting it may have been a herbivore, but the most unusual back teeth that don’t match any known records.
The authors note that if the teeth were the only part of the Adalatherium uncovered, they couldn’t have made the connection and the crazy beast would have remained hidden from the world.
Furthermore, the hole above the snout is a remarkable mystery, and while it may have been covered with cartilage, there is simply no way of knowing.
"Adalatherium is simply odd. Trying to figure out how it moved, for instance, was challenging because its front end is telling us a completely different story than its back end,” Hoffman said.
The fossil indicates that the animal was about the same size as an opossum, and weighing just under 7 pounds, it would have been one of the largest mammals of its time. It lived alongside the dinosaurs 145-66 million years ago on what is modern day Madagascar.
It is believed to be descended from a strange group of prehistoric, herbivorous mammals called gondwanatherians, the first evidence of which was discovered approximately 40 years ago. Until the Adalatherium came along, scientists only knew of these mammals from a handful of teeth, jaw fragments, and a partial cranium, and they were at a loss about how they evolved from other mammals.
"Knowing what we know about the skeletal anatomy of all living and extinct mammals, it is difficult to imagine that a mammal like Adalatherium could have evolved; it bends and even breaks a lot of rules," Krause said.
A possible explanation as to why the Adalatherium is so chaotic is that at the time of its death, Madagascar had already separated from Gondwana. It had been isolated from nearby continents, including Africa and India, for millions of years, long enough for its inhabitants to evolve separately from other mammals.
"Islands are the stuff of weirdness," said Krause, "and there was therefore ample time for Adalatherium to develop its many extraordinarily peculiar features in isolation."
The authors say that the crazy beast proves how much is still unknown about early mammals in the southern hemisphere.


Pacificorp Suit

SACRAMENTO , Calif. — A group of residents affected by the Slater Fire that burned through Northern California and Oregon @ @ @ @ @ County Superior Court against utility Pacificorp , claiming its power lines were responsible for sparking @ @ @

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.


Assaulted at School

BATON ROUGE , La .
— An appeals court in Louisiana upheld a ruling against the St. Tammany Parish School @ @ @ @ @ who molested and raped a fourth grade special education student during school hours , finding @ @ @ @ @ liable for its employee ’ s actions .
The ruling affirms a $ 350,000 award @ @ @


Foster Farms

MERCED , Calif. — The United Farm Workers union accuses chicken giant Foster Farms of failing to take proper precautions @ @ @ @ @ Covid-19 at its Livingston , California , processing facility .


Fake Feinstein

SACRAMENTO , Calif. — Federal authorities have charged a former California Employment Development Department worker with impersonating a sitting U.S. @ @ @ @ @ — to receive $ 21,000 in pandemic unemployment benefits .


courthousenews--2020-12-19--California Church Asks Judge to Lift Pandemic Restrictions on Indoor Services

( CN ) — Weeks after the U.S. Supreme Court vacated a federal judge ’ s ruling on Harvest Rock Church ’ s challenge to California ’ s indoor gathering restrictions , an attorney for the Christian church said in district court Friday the state unfairly targeted religious gatherings with “ harsh treatment.
” The Christian organization , which has over 160 member churches across the Golden State , sued to overturn California ’ s coronavirus-related restrictions limiting in-person worship services .
The rules violate the church ’ s right to practice its religion and unfairly expose its religious community @ @ @ @ @ @ @ said in its lawsuit .
Harvest Rock Church secured an emergency injunction from the nation ’ s high court on Dec. 3 , vacating U.S. District Judge Jesus Bernal ’ s denial of its request for injunctive relief from California ’ s public health order .
The Supreme Court remanded the case to Bernal ’ s court with instructions to reconsider his ruling in light of the high court ’ s opinion in Roman Catholic Diocese of Brooklyn v. Cuomo , which overturned New York ’ s Covid-19-related limits on indoor religious services @ @ @ @ @ @ @ Daniel Schmid of Liberty Counsel , an attorney representing Harvest Rock , told Bernal the Catholic Diocese decision means California ’ s restrictions are subject to the judicial review standard of strict scrutiny since they ’ re harsher than rules placed on secular activities .
“ The California government ’ s discriminatory regulation violates the First Amendment , ” Schmid told Bernal .
“ Catholic Diocese compels lower courts to issue a preliminary injunction.
” Bernal asked Schmid to explain exactly how California ’ s public health order unfairly targets the church .
@ @ @ @ @ @ @ treatment for religious gatherings , ” Schmid said , citing the state ’ s color-coded system for public restrictions which increases the severity of rules based on how widespread Covid-19 is in a county .
After Schmid claimed it ’ s unfair for non-religious groupings of people at grocery stores and malls to continue , Bernal said the proper gatherings to compare under California ’ s rules would be settings like concert halls and movie theaters .
Seth Goldstein , a California deputy attorney general , told Bernal the state ’ s indoor @ @ @ @ @ @ @ undisputed scientific evidence and that the opinion in Catholic Diocese doesn ’ t require strict scrutiny of such balanced rules .
In court papers , attorneys for California said that even if strict scrutiny applies , the court should find the standard satisfied given the state ’ s compelling interest in reducing the spread of Covid-19 .
“ Throughout the current pandemic , the state has been fine-tuning its restrictions and trying less restrictive alternatives in light of developing scientific knowledge and changing circumstances , as strict scrutiny requires , ” the brief @ @ @ @ @ @ @ lift restrictions on particularly risky activities and create the danger of “ super-spreader ” events at the very time that our health care system is least able to deal with them.
” Bernal took the matter under submission and said he would likely issue a ruling Monday , Dec. 21 .
California shattered its record for Covid-19 deaths and new infection cases Thursday as the statewide health care system faces an unprecedented surge of patients and Southern California ICU capacity has fallen to 0 % .
The surge has pushed hospitals to the @ @ @ @ @ @ @ with Covid-19 and nearly 3,400 in ICUs across the state according to the Public Health Department .

Weeks after the U.S. Supreme Court vacated a federal judge’s ruling on Harvest Rock Church’s challenge to California’s indoor gathering restrictions, an attorney for the Christian church said in district court Friday the state unfairly targeted religious gatherings with “harsh treatment.”
(CN) — Weeks after the U.S. Supreme Court vacated a federal judge’s ruling on Harvest Rock Church’s challenge to California’s indoor gathering restrictions, an attorney for the Christian church said in district court Friday the state unfairly targeted religious gatherings with “harsh treatment.”
The Christian organization, which has over 160 member churches across the Golden State, sued to overturn California’s coronavirus-related restrictions limiting in-person worship services.
The rules violate the church’s right to practice its religion and unfairly expose its religious community to potential criminal penalties, the church said in its lawsuit.
Harvest Rock Church secured an emergency injunction from the nation’s high court on Dec. 3, vacating U.S. District Judge Jesus Bernal’s denial of its request for injunctive relief from California’s public health order.
The Supreme Court remanded the case to Bernal’s court with instructions to reconsider his ruling in light of the high court’s opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, which overturned New York’s Covid-19-related limits on indoor religious services.
In a telephonic hearing Friday, Daniel Schmid of Liberty Counsel, an attorney representing Harvest Rock, told Bernal the Catholic Diocese decision means California’s restrictions are subject to the judicial review standard of strict scrutiny since they’re harsher than rules placed on secular activities.
“The California government’s discriminatory regulation violates the First Amendment,” Schmid told Bernal. “Catholic Diocese compels lower courts to issue a preliminary injunction.”
Bernal asked Schmid to explain exactly how California’s public health order unfairly targets the church.
“Every tier has harsher and harsher treatment for religious gatherings,” Schmid said, citing the state’s color-coded system for public restrictions which increases the severity of rules based on how widespread Covid-19 is in a county.
After Schmid claimed it’s unfair for non-religious groupings of people at grocery stores and malls to continue, Bernal said the proper gatherings to compare under California’s rules would be settings like concert halls and movie theaters.
Seth Goldstein, a California deputy attorney general, told Bernal the state’s indoor gathering restrictions are neutral, backed by undisputed scientific evidence and that the opinion in Catholic Diocese doesn’t require strict scrutiny of such balanced rules.
In court papers, attorneys for California said that even if strict scrutiny applies, the court should find the standard satisfied given the state’s compelling interest in reducing the spread of Covid-19.
“Throughout the current pandemic, the state has been fine-tuning its restrictions and trying less restrictive alternatives in light of developing scientific knowledge and changing circumstances, as strict scrutiny requires,” the brief said. “This court should not lift restrictions on particularly risky activities and create the danger of “super-spreader” events at the very time that our health care system is least able to deal with them.”
Bernal took the matter under submission and said he would likely issue a ruling Monday, Dec. 21.
California shattered its record for Covid-19 deaths and new infection cases Thursday as the statewide health care system faces an unprecedented surge of patients and Southern California ICU capacity has fallen to 0%.
The surge has pushed hospitals to the brink, with over 16,000 Californians hospitalized with Covid-19 and nearly 3,400 in ICUs across the state according to the Public Health Department.


Keep Them Closed

SAN DIEGO — The San Diego County Board of Supervisors voted in closed session Friday to join the state of @ @ @ @ @ a judge ’ s order barring enforcement of state-ordered closures of area restaurants amid the @ @ @ @


courthousenews--2020-12-19--FDA Approves Second Covid-19 Vaccine

FDA Approves Second Covid-19 Vaccine

WASHINGTON ( CN ) — The Food and Drug Administration approved Moderna ’ s vaccine for Covid-19 Friday evening , making it the second vaccine authorized for use in the United States , a nation which continues to reel from the respiratory virus that has now killed over 310,000 .
In conjunction with the White House ’ s Operation Warp Speed program , the Centers for Disease Control and Prevention and the FDA are now poised to begin the coordination of vaccine distribution efforts as soon as next week .
General Gustave Perna , the lead on Operation Warp Speed @ @ @ @ @ @ @ earlier this week that shipment might include six million doses .
The decision to begin circulating the Moderna vaccine comes after a day-long public hearing on its safety and efficacy .
Clinical trials confirmed the company ’ s anti-Covid-19 cocktail is 94.1 % effective and just 24 hours ago , the Vaccines and Related Biological Products Advisory Committee , the FDA ’ s independent council of researchers and health experts , evaluated vaccine data at length , agreeing in the majority that it is safe for use among adults 18 and older .
@ @ @ @ @ @ @ their way through the U.S. in super cold storage on the heels of injections being doled out to senior members of the White House like Vice President Mike Pence and his wife Karen Pence .
Surgeon General Jerome Adams was also vaccinated with the Pences on Friday .
The trio took their injections in a live televised broadcast in a bid to instill trust in the vaccine .
Side effects from Moderna ’ s vaccine have been largely limited to ailments like fatigue and soreness at the injection site and headaches .
There @ @ @ @ @ @ @ participants experienced more severe side effects , including developing Bell ’ s palsy or temporary drooping of the facial muscles .
President-elect Joe Biden is expected to be vaccinated as soon as next week .
When asked when he would take the shot , he told reporters at a press event in Delaware that he didn ’ t “ want to get ahead of the line.
” “ But I want to make sure we demonstrate that to the American people that it is safe to take , ” Biden said .
“ @ @ @ @ @ @ @ ll do it publicly so you can all witness my getting it done.
” Members of the Biden-Harris transition team have underlined that any delay behind Biden ’ s taking the vaccine is simply a matter of scheduling a time for the incoming president , who is hurtling ever faster to inauguration , to receive his injection on camera .
Biden has emphasized repeatedly since Pfizer ’ s vaccine first began distribution that he has no hesitation to take it and has encouraged others to do the same .
The estimated timeline for @ @ @ @ @ @ @ for those in hospitals and nursing homes and from March to April , according to Centers for Disease Control and Prevention Director Robert Redfield , the rest of the U.S. could begin to see vaccinations circulating more regularly .

The Food and Drug Administration approved Moderna’s vaccine for Covid-19 Friday evening, making it the second vaccine authorized for use in the United States, a nation which continues to reel from the respiratory virus that has now killed over 310,000.
WASHINGTON (CN) — The Food and Drug Administration approved Moderna’s vaccine for Covid-19 Friday evening, making it the second vaccine authorized for use in the United States, a nation which continues to reel from the respiratory virus that has now killed over 310,000.
In conjunction with the White House’s Operation Warp Speed program, the Centers for Disease Control and Prevention and the FDA are now poised to begin the coordination of vaccine distribution efforts as soon as next week.
General Gustave Perna, the lead on Operation Warp Speed’s vaccine distribution arm, said earlier this week that shipment might include six million doses.
The decision to begin circulating the Moderna vaccine comes after a day-long public hearing on its safety and efficacy.
Clinical trials confirmed the company’s anti-Covid-19 cocktail is 94.1% effective and just 24 hours ago, the Vaccines and Related Biological Products Advisory Committee, the FDA’s independent council of researchers and health experts, evaluated vaccine data at length, agreeing in the majority that it is safe for use among adults 18 and older.
Doses of the vaccine begin to make their way through the U.S. in super cold storage on the heels of injections being doled out to senior members of the White House like Vice President Mike Pence and his wife Karen Pence. Surgeon General Jerome Adams was also vaccinated with the Pences on Friday.
The trio took their injections in a live televised broadcast in a bid to instill trust in the vaccine.
Side effects from Moderna’s vaccine have been largely limited to ailments like fatigue and soreness at the injection site and headaches. There have been nominal incidents where clinical trial participants experienced more severe side effects, including developing Bell’s palsy or temporary drooping of the facial muscles.
President-elect Joe Biden is expected to be vaccinated as soon as next week. When asked when he would take the shot, he told reporters at a press event in Delaware that he didn’t “want to get ahead of the line.”
“But I want to make sure we demonstrate that to the American people that it is safe to take,” Biden said. “When I do it, I’ll do it publicly so you can all witness my getting it done.”
Members of the Biden-Harris transition team have underlined that any delay behind Biden’s taking the vaccine is simply a matter of scheduling a time for the incoming president, who is hurtling ever faster to inauguration, to receive his injection on camera.
Biden has emphasized repeatedly since Pfizer’s vaccine first began distribution that he has no hesitation to take it and has encouraged others to do the same.
The estimated timeline for vaccinations is shaping up to be February for those in hospitals and nursing homes and from March to April, according to Centers for Disease Control and Prevention Director Robert Redfield, the rest of the U.S. could begin to see vaccinations circulating more regularly.


courthousenews--2020-12-19--California Courts Covid Update

California Courts Covid Update

Dec. 15 , 2020 : Changes to court operations due to pandemic surge Dec. 18 , 2020 : Statement regarding @ @ @ @ @ during pandemic


courthousenews--2020-12-19--Congress Approves Stopgap Bill to Avert Shutdown

WASHINGTON ( CN ) — There is still no comprehensive budget to fund the government into 2021 , as the House and Senate on Friday passed their third emergency resolution to jam open federal coffers until the end of the weekend .
Known on Capitol Hill as a continuing resolution , the joint legislation passed in both chambers will continue government funding at current levels for the next two days while lawmakers hammer out agreements on fully-funding federal agencies .
The bill also is a lifeboat for lawmakers who have failed for months to come to a consensus on additional @ @ @ @ @ @ @ is the third drafted by lawmakers this year , passing a resolution last week to kick the group ’ s deadline to Friday .
At that point , Senate Majority Leader Mitch McConnell predicted the issue would be resolved the following week .
Before that , Congress passed another continuing resolution in September , to avert shuttering government agencies in December .
House Democrats passed more than $ 1 trillion in funding for multiple government agencies in June , including bankrolling the Justice and Defense departments and other agencies .
The House also @ @ @ @ @ @ @ the 2020 census .
Many lawmakers expressed their frustration with the legislative processes Friday and leadership ’ s inability to draft additional relief legislation , including Missouri Senator Josh Hawley .
Joining Senator Bernie Sanders , a Vermont independent , to call for $ 1,200 direct impact payments to struggling families , Hawley said from the Senate floor the money should be the first issue lawmakers should focus on when deciding funding priorities .
“ Lets send a message to working families that they ’ re first , not last , ” Hawley @ @ @ @ @ @ @ the most important consideration , not some afterthought.
” But Senator Ron Johnson , a Wisconsin Republican , objected to immediately approving direct payments to families , saying he supported a more targeted approach to direct relief for families .
“ So what I fear what we ’ re going to do with this bipartisan package and what the senator from Missouri is talking about is the same thing : a shotgun approach , ” Johnson said .
Following the debate , Hawley told Capitol Hill reporters he was considering voting against any @ @ @ @ @ @ @ through the weekend .
While originally slated to pass by voice vote in the House — Chip Roy , a Texas Republican , was the only member to ask for the yays and nays Friday — members voted by a 320-60 margin to send the measure over to the Senate .
Congresswoman Nita Lowey , a New York Democrat who chairs the House Committee Appropriations Committee , said Friday that families and small businesses desperately needed the support of relief negotiation being dissected by lawmakers in leadership .
Emergency relief would be delivered @ @ @ @ @ @ @ the federal government , she said .
“ To keep government open while negotiations conclude the legislation before us extends funding at current levels through Sunday , ” Lowry said .
“ I urge my colleagues , join me , in supporting the ongoing talks by supporting this clean , ongoing resolution.
” House Majority Leader Steny Hoyer , a Maryland Democrat , said an eventual bill for Covid-19 relief funding and a possible omnibus bill to fund the government , would not take place until Sunday .
The Senate passed the resolution @ @ @ @ @ @ @ the bill to the floor briefly before 7 p.m. Friday , saying an overarching agreement on both issues had not yet been reached .
“ As of right now we have not yet reached a final agreement , regretfully , ” McConnell said .
“ I believe all sides feel we are making good progress on a major relief bill that would travel with a full year appropriations measure.
” Senator Sanders posed a possible objection that could have brought stopgap negotiations to a halt after McConnell acquiesced .
“ We don ’ @ @ @ @ @ @ @ in agreement on at least one point , and that is that the Senate can not go home until a covid emergency relief bill is passed .
The fact that the Majority Leader intends to keep the Senate in session to continue work on the covid relief package is the correct decision , ” Sanders said .
The senator , once President-elect Joe Biden ’ s opponent in the race to the White House , was firm , saying : “ I will object to any attempt by the Senate to pass an @ @ @ @ @ @ @ passing a covid relief bill with substantial direct payments going to working people.
” “ The truth is that working families of this country today are probably in the worst economic condition than anytime since the Great Depression , ” Sanders said .
There are more than 10 million unemployed in the United States as of this month and without relief secured soon , many will face the grim prospect of eviction .
“ Millions of people are unable to pay their rent and are worried about being evicted .
Hunger is literally @ @ @ @ @ @ @ been in several decades and in the midst of this terrible , terrible pandemic , we have millions of people who can not afford to go to a doctor .
That is unacceptable .
Let ’ s make certain we have direct payments to working families of this country , ” he said .

There is still no comprehensive budget to fund the government into 2021, as the House and Senate on Friday passed their third emergency resolution to jam open federal coffers until the end of the weekend.
WASHINGTON (CN) — There is still no comprehensive budget to fund the government into 2021, as the House and Senate on Friday passed their third emergency resolution to jam open federal coffers until the end of the weekend.
Known on Capitol Hill as a continuing resolution, the joint legislation passed in both chambers will continue government funding at current levels for the next two days while lawmakers hammer out agreements on fully-funding federal agencies. The bill also is a lifeboat for lawmakers who have failed for months to come to a consensus on additional Covid-19 relief law.
The stopgap measure is the third drafted by lawmakers this year, passing a resolution last week to kick the group’s deadline to Friday. At that point, Senate Majority Leader Mitch McConnell predicted the issue would be resolved the following week.
Before that, Congress passed another continuing resolution in September, to avert shuttering government agencies in December.
House Democrats passed more than $1 trillion in funding for multiple government agencies in June, including bankrolling the Justice and Defense departments and other agencies. The House also set aside $7.5 billion to fund the 2020 census.
Many lawmakers expressed their frustration with the legislative processes Friday and leadership’s inability to draft additional relief legislation, including Missouri Senator Josh Hawley.
Joining Senator Bernie Sanders, a Vermont independent, to call for $1,200 direct impact payments to struggling families, Hawley said from the Senate floor the money should be the first issue lawmakers should focus on when deciding funding priorities.
“Lets send a message to working families that they’re first, not last,” Hawley said. “That they’re the most important consideration, not some afterthought.”
But Senator Ron Johnson, a Wisconsin Republican, objected to immediately approving direct payments to families, saying he supported a more targeted approach to direct relief for families.
“So what I fear what we're going to do with this bipartisan package and what the senator from Missouri is talking about is the same thing: a shotgun approach,” Johnson said.
Following the debate, Hawley told Capitol Hill reporters he was considering voting against any measure that would keep the government open through the weekend.
While originally slated to pass by voice vote in the House — Chip Roy, a Texas Republican, was the only member to ask for the yays and nays Friday — members voted by a 320-60 margin to send the measure over to the Senate.
Congresswoman Nita Lowey, a New York Democrat who chairs the House Committee Appropriations Committee, said Friday that families and small businesses desperately needed the support of relief negotiation being dissected by lawmakers in leadership.
Emergency relief would be delivered alongside an eventual omnibus package to fund the federal government, she said.
“To keep government open while negotiations conclude the legislation before us extends funding at current levels through Sunday,” Lowry said. “I urge my colleagues, join me, in supporting the ongoing talks by supporting this clean, ongoing resolution.”
House Majority Leader Steny Hoyer, a Maryland Democrat, said an eventual bill for Covid-19 relief funding and a possible omnibus bill to fund the government, would not take place until Sunday.
The Senate passed the resolution by near unanimous consent. McConnell brought the bill to the floor briefly before 7 p.m. Friday, saying an overarching agreement on both issues had not yet been reached.
“As of right now we have not yet reached a final agreement, regretfully,” McConnell said. “I believe all sides feel we are making good progress on a major relief bill that would travel with a full year appropriations measure.”
Senator Sanders posed a possible objection that could have brought stopgap negotiations to a halt after McConnell acquiesced.
“We don’t agree on much but we are in agreement on at least one point, and that is that the Senate cannot go home until a covid emergency relief bill is passed. The fact that the Majority Leader intends to keep the Senate in session to continue work on the covid relief package is the correct decision,” Sanders said.
The senator, once President-elect Joe Biden’s opponent in the race to the White House, was firm, saying: “I will object to any attempt by the Senate to pass an omnibus appropriations bill and leave town before passing a covid relief bill with substantial direct payments going to working people.”
“The truth is that working families of this country today are probably in the worst economic condition than anytime since the Great Depression,” Sanders said.
There are more than 10 million unemployed in the United States as of this month and without relief secured soon, many will face the grim prospect of eviction.
“Millions of people are unable to pay their rent and are worried about being evicted. Hunger is literally at its highest level than it has been in several decades and in the midst of this terrible, terrible pandemic, we have millions of people who cannot afford to go to a doctor. That is unacceptable. Let’s make certain we have direct payments to working families of this country,” he said.


courthousenews--2020-12-18--Arizona Urges People to Stay Home as Covid Cases Spike

TUCSON , Ariz. ( CN ) — With Covid-19 on the rise by virtually every metric , Arizona ’ s political and health care leaders are urging the public to hunker down for the holidays and skip gatherings with people outside their households .
“ We know that ’ s a lot to ask this time of year , but the holidays will come again ; sit this one out , ” a group of health officials asked in a recent open letter .
“ Use the internet and telephones to communicate with family and friends.
” The Arizona Department @ @ @ @ @ @ @ from the virus Friday , bringing the total to 7,819 since the pandemic began .
The number of cases rose to 442,671 , or one out of every 16 Arizonans .
One in every 920 residents has now died from the disease , the state reported .
Hospitals are strained , with the number of people currently admitted with Covid-19 exceeding summer totals .
By Friday , Covid-19 patients occupied 915 of the state ’ s 1,767 adult intensive-care beds , leaving just 128 beds available , according to the state health department @ @ @ @ @ @ @ largest hospital operator , brought in two refrigerator trucks to back up hospital morgues , Dr. Marjorie Bessel , Banner ’ s chief medical officer , said at a Friday news conference .
Bessel noted a decline in Covid-19 cases in Colorado and Wyoming , where the health care company also has hospitals , which she attributed to strict mandates on masks .
“ Here in Arizona , unfortunately , we continue to experience exponential growth in the virus , with total cases , positivity rate , and hospitalizations all rising , ” @ @ @ @ @ @ @ R-number , a measure of the virus ’ spread , is 1.15 , among the worst in the nation .
Half of all hospital patients are Covid-19 positive , Bessel said .
In a direct appeal to the public last week , 27 health officials including Pima County Health Department Director Dr. Theresa Cullen — who has since tested positive for Covid-19 — and administrators and medical leaders from area hospitals and first-responder organizations urged Arizonans to skip their usual holiday visits and stay home .
Relief is coming in the form of @ @ @ @ @ @ @ more and more people in coming months , the officials wrote .
“ In the meantime , we are witnessing a dramatic spike of virus transmission .
Please , for you , your family and your community , do your part this month to stop the spread , ” the letter said .
On Wednesday , Governor Doug Ducey and Dr. Cara Christ , director of the state Department of Health Services , offered a Covid-19 update at a Phoenix news conference in which they asked Arizonans to forgo large gatherings .
Ducey @ @ @ @ @ @ @ socially distance but has refused to issue a statewide mask mandate .
He lifted a closure order on restaurants , bars and other businesses earlier than many other governors .
On Wednesday , he urged residents to avoid gathering with people outside their households .
“ If you look at where our spread is happening from right now , it ’ s really happening from gatherings in private settings , and that ’ s why I ’ m asking for the public to keep their guard up , ” Ducey said .
The @ @ @ @ @ @ @ of President Donald Trump , pushed the blame for the Covid-19 spike onto cities and counties across the state .
Arizona ’ s main population centers — Maricopa and Pima counties , which include Phoenix and Tucson — passed mask mandates , and a curfew is in effect in Pima County , but nothing is being enforced , Ducey said .
“ If many of these leaders that are reaching out and asking for additional measures would actually enforce and have accountability around the steps that are already there , we can further @ @ @ @ @ @ @ lives , ” Ducey said .
The vaccine rollout in Arizona includes 385,000 doses to be received before the end of the month .
The first doses will go to health care workers , then to vulnerable residents and Native American nations , then to the general public , the governor said .
National Guard and other troops will help with vaccination , said Air Force Maj. General Michael T. McGuire , director of the state Department of Emergency and Military Affairs .
There are now 697 medical personnel training in Maricopa County @ @ @ @ @ @ @ counties and tribes that ask for help , McGuire said .
An additional 24 medical personnel from the U.S. Navy will spend six weeks helping on the Navajo Nation , he said .
Health care workers started getting the Covid-19 vaccine across the state this week .
Emily Beck , a Phoenix intensive-care nurse for Banner Health , got the vaccine Wednesday at a drive-through set up at the state fairgrounds in Phoenix , the company said in a news release .
Similar scenes played out across the state as Banner ramps up @ @ @ @ @ @ @ the Phoenix fairgrounds site where Banner has been offering Covid-19 tests , the company said .
The Pima County Board of Supervisors ordered a 10 p.m.-5 a.m. curfew for the county ’ s roughly 1 million residents .
The move comes on the heels of a similar curfew passed by the Tucson City Council .
Pima County numbers appeared to back up Ducey ’ s claim that the virus is spreading mainly through private gatherings .
County contact tracing data showed that among 3,273 people traced , 858 ( 26 % ) reported @ @ @ @ @ @ @ , and 502 ( 15 % ) had attended a gathering of more than 10 people — 54 % at private parties , 28 % at religious services , and 15 % at events in bars or restaurants , the county reported .
You can track Arizona ’ s Covid-19 statistics through the Arizona Department of Health Services website .

With Covid-19 on the rise by virtually every metric, Arizona’s political and health care leaders are urging the public to hunker down for the holidays and skip gatherings with people outside their households.
TUCSON, Ariz. (CN) — With Covid-19 on the rise by virtually every metric, Arizona’s political and health care leaders are urging the public to hunker down for the holidays and skip gatherings with people outside their households.
“We know that’s a lot to ask this time of year, but the holidays will come again; sit this one out,” a group of health officials asked in a recent open letter. “Use the internet and telephones to communicate with family and friends.”
The Arizona Department of Health Services reported 142 new deaths from the virus Friday, bringing the total to 7,819 since the pandemic began. The number of cases rose to 442,671, or one out of every 16 Arizonans. One in every 920 residents has now died from the disease, the state reported.
Hospitals are strained, with the number of people currently admitted with Covid-19 exceeding summer totals. By Friday, Covid-19 patients occupied 915 of the state’s 1,767 adult intensive-care beds, leaving just 128 beds available, according to the state health department.
Banner Health, Arizona’s largest hospital operator, brought in two refrigerator trucks to back up hospital morgues, Dr. Marjorie Bessel, Banner’s chief medical officer, said at a Friday news conference. Bessel noted a decline in Covid-19 cases in Colorado and Wyoming, where the health care company also has hospitals, which she attributed to strict mandates on masks.
“Here in Arizona, unfortunately, we continue to experience exponential growth in the virus, with total cases, positivity rate, and hospitalizations all rising,” she said.
The state’s R-number, a measure of the virus’ spread, is 1.15, among the worst in the nation. Half of all hospital patients are Covid-19 positive, Bessel said.
In a direct appeal to the public last week, 27 health officials including Pima County Health Department Director Dr. Theresa Cullen — who has since tested positive for Covid-19 — and administrators and medical leaders from area hospitals and first-responder organizations urged Arizonans to skip their usual holiday visits and stay home.
Relief is coming in the form of the vaccine that will be available to more and more people in coming months, the officials wrote.
“In the meantime, we are witnessing a dramatic spike of virus transmission. Please, for you, your family and your community, do your part this month to stop the spread,” the letter said.
On Wednesday, Governor Doug Ducey and Dr. Cara Christ, director of the state Department of Health Services, offered a Covid-19 update at a Phoenix news conference in which they asked Arizonans to forgo large gatherings.
Ducey has urged Arizonans to wear masks and socially distance but has refused to issue a statewide mask mandate. He lifted a closure order on restaurants, bars and other businesses earlier than many other governors. On Wednesday, he urged residents to avoid gathering with people outside their households.
“If you look at where our spread is happening from right now, it’s really happening from gatherings in private settings, and that’s why I’m asking for the public to keep their guard up,” Ducey said.
The governor, a Republican and staunch supporter of President Donald Trump, pushed the blame for the Covid-19 spike onto cities and counties across the state. Arizona’s main population centers — Maricopa and Pima counties, which include Phoenix and Tucson — passed mask mandates, and a curfew is in effect in Pima County, but nothing is being enforced, Ducey said.
“If many of these leaders that are reaching out and asking for additional measures would actually enforce and have accountability around the steps that are already there, we can further reduce the spread of this and save lives,” Ducey said.
The vaccine rollout in Arizona includes 385,000 doses to be received before the end of the month. The first doses will go to health care workers, then to vulnerable residents and Native American nations, then to the general public, the governor said.
National Guard and other troops will help with vaccination, said Air Force Maj. General Michael T. McGuire, director of the state Department of Emergency and Military Affairs. There are now 697 medical personnel training in Maricopa County. They will be deployed to rural counties and tribes that ask for help, McGuire said.
An additional 24 medical personnel from the U.S. Navy will spend six weeks helping on the Navajo Nation, he said.
Health care workers started getting the Covid-19 vaccine across the state this week. Emily Beck, a Phoenix intensive-care nurse for Banner Health, got the vaccine Wednesday at a drive-through set up at the state fairgrounds in Phoenix, the company said in a news release.
Similar scenes played out across the state as Banner ramps up to provide 1,000 vaccines daily just at the Phoenix fairgrounds site where Banner has been offering Covid-19 tests, the company said.
The Pima County Board of Supervisors ordered a 10 p.m.-5 a.m. curfew for the county’s roughly 1 million residents. The move comes on the heels of a similar curfew passed by the Tucson City Council.
Pima County numbers appeared to back up Ducey’s claim that the virus is spreading mainly through private gatherings.
County contact tracing data showed that among 3,273 people traced, 858 (26%) reported having recently visited a bar or restaurant, and 502 (15%) had attended a gathering of more than 10 people — 54% at private parties, 28% at religious services, and 15% at events in bars or restaurants, the county reported.
You can track Arizona’s Covid-19 statistics through the Arizona Department of Health Services website.


courthousenews--2020-12-18--New York Leads Multistate Lawsuit Against EPA Pesticide Rule Changes

( CN ) — New York officials announced Friday they are leading a coalition of five states in a lawsuit against the Environmental Protection Agency , claiming the agency illegally weakened protections for farmers from pesticides .
“ Pesticides are often essential to the preservation of agriculture , but they ’ re also extremely dangerous to the health of farming communities , ” New York Attorney General James said in a press release .
“ Trump ’ s EPA knowingly increased the risk that farmworkers , their families , and others will be exposed to these dangerous chemicals.
” California @ @ @ @ @ @ @ joined in the lawsuit .
The complaint digs at a rule the EPA adopted in October that allows for pesticides to be applied even if farmers or bystanders are within the Application Exclusion Zone .
The new rule allows for anyone not employed by the establishment to be within the AEZ during pesticide application and only allows for AEZ enforcement on the farm ’ s property .
The states argue this strays from the previous rules enacted in 2015 for pesticide protections that required there to be no personnel within the 100-foot circular @ @ @ @ @ @ @ being used .
The 33-page lawsuit says that from 1998 to 2011 there were nearly 10,000 reported cases of pesticide related health issues .
Health effects of exposure to pesticides range from skin irritation to impaired vision or seizures .
The EPA justified the changes by saying that it does not violate the “ do not contact ” rule of the Worker Protection Standards , a rule that is meant to “ assure that no pesticide is applied so as to contact , either directly or through drift , any worker or other @ @ @ @ @ @ @ and equipped handler.
” However California Attorney General Xavier Becerra stands firm that the change to the rules is illegal .
“ The Trump Administration ’ s decision to undercut existing public health protections for these workers is not only reprehensible — it ’ s illegal .
We ’ re going to court to prove it , ” Becerra said in a press release .
Maryland Attorney General Brian Frosh also expressed his distaste for the rule change .
“ It is EPA ’ s job to protect farmworkers , their families and @ @ @ @ @ @ @ ” Frosh said in a press release .
“ These regulations prioritize killing bugs over protecting people.
” The EPA has most recently faced pushback for its failure to ban certain pesticides , such as chlorpyrifos , which many states have banned , including California .
The EPA opted to allow the pesticide to be used on commercial crops last year per an order from the Ninth Circuit .
Earlier this month it announced new rules for using chlorpyrifos , which is particularly toxic to children , calling for more protective gear to @ @ @ @ @ @ @ The EPA declined to comment on the suit , noting they do not comment on pending litigation .

New York officials announced Friday they are leading a coalition of five states in a lawsuit against the Environmental Protection Agency, claiming the agency illegally weakened protections for farmers from pesticides.
(CN) — New York officials announced Friday they are leading a coalition of five states in a lawsuit against the Environmental Protection Agency, claiming the agency illegally weakened protections for farmers from pesticides.
“Pesticides are often essential to the preservation of agriculture, but they’re also extremely dangerous to the health of farming communities,” New York Attorney General James said in a press release. “Trump’s EPA knowingly increased the risk that farmworkers, their families, and others will be exposed to these dangerous chemicals.”
California, Illinois, Maryland and Minnesota are joined in the lawsuit.
The complaint digs at a rule the EPA adopted in October that allows for pesticides to be applied even if farmers or bystanders are within the Application Exclusion Zone.
The new rule allows for anyone not employed by the establishment to be within the AEZ during pesticide application and only allows for AEZ enforcement on the farm's property.
The states argue this strays from the previous rules enacted in 2015 for pesticide protections that required there to be no personnel within the 100-foot circular area of the AEZ while pesticides were being used.
The 33-page lawsuit says that from 1998 to 2011 there were nearly 10,000 reported cases of pesticide related health issues.
Health effects of exposure to pesticides range from skin irritation to impaired vision or seizures.
The EPA justified the changes by saying that it does not violate the “do not contact” rule of the Worker Protection Standards, a rule that is meant to “assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler.”
However California Attorney General Xavier Becerra stands firm that the change to the rules is illegal.
“The Trump Administration’s decision to undercut existing public health protections for these workers is not only reprehensible — it's illegal. We're going to court to prove it,” Becerra said in a press release.
Maryland Attorney General Brian Frosh also expressed his distaste for the rule change.
“It is EPA’s job to protect farmworkers, their families and others who are exposed to pesticides,” Frosh said in a press release. “These regulations prioritize killing bugs over protecting people.”
The EPA has most recently faced pushback for its failure to ban certain pesticides, such as chlorpyrifos, which many states have banned, including California. The EPA opted to allow the pesticide to be used on commercial crops last year per an order from the Ninth Circuit.
Earlier this month it announced new rules for using chlorpyrifos, which is particularly toxic to children, calling for more protective gear to be worn by those using it.
The EPA declined to comment on the suit, noting they do not comment on pending litigation.


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight stories for today including the Supreme Court called it premature to rule on an executive order that directs census officials to exclude undocumented immigrants in the count to apportion congressional seats ; California ’ s unemployment rate dropped again to 8.2 % , marking sixth straight months of improvement ; The World Health Organization warned that difficult months lie ahead in the pandemic despite the distribution of vaccines , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top @ @ @ @ @ @ @ through Friday .
1 . )
Throwing out a challenge from New York state , the Supreme Court called it premature Friday to rule on an executive order that directs census officials to exclude undocumented immigrants as part of the count to apportion seats in Congress .
2 . )
“ Victory is life ” not for Star Trek , but for Dr. Seuss , whose publisher emerged victorious Friday in a copyright fight at the Ninth Circuit over the children ’ s classic “ Oh , the Places You ’ ll Go.
@ @ @ @ @ @ @ the day after Amber Heard published an editorial describing the backlash she faced as a domestic abuse survivor , a Virginia judge ordered the actress to produce her arrest record as part of discovery in a defamation case brought by her ex-husband Johnny Depp .
4 . )
Vice President Mike Pence , his wife and the surgeon general were televised Friday morning as they received the vaccine against the novel coronavirus .
5 . )
California ’ s unemployment rate dropped again in November to 8.2 % , marking sixth straight months @ @ @ @ @ @ @ jobs last month than anywhere else but Texas .
6 . )
Suspending the merit-based screening system that for years has guided admissions to New York City ’ s most selective middle schools , Mayor Bill de Blasio framed the move as a long-needed step toward desegregation .
7 . )
With the number of Covid-19 deaths and infections continuing to climb and mark new grim records , the World Health Organization on Friday warned that difficult months lie ahead despite the distribution of vaccines .
8 . )
The United Nations ’ @ @ @ @ @ @ @ to hear a South American border dispute dating back to the 1800s .

Top eight stories for today including the Supreme Court called it premature to rule on an executive order that directs census officials to exclude undocumented immigrants in the count to apportion congressional seats; California’s unemployment rate dropped again to 8.2%, marking sixth straight months of improvement; The World Health Organization warned that difficult months lie ahead in the pandemic despite the distribution of vaccines, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight stories for today including the Supreme Court called it premature to rule on an executive order that directs census officials to exclude undocumented immigrants in the count to apportion congressional seats; California’s unemployment rate dropped again to 8.2%, marking sixth straight months of improvement; The World Health Organization warned that difficult months lie ahead in the pandemic despite the distribution of vaccines, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Throwing out a challenge from New York state, the Supreme Court called it premature Friday to rule on an executive order that directs census officials to exclude undocumented immigrants as part of the count to apportion seats in Congress.
A briefcase of a census taker is seen as she knocks on the door of a residence Tuesday, Aug. 11, 2020, in Winter Park, Fla. A half-million census takers head out en mass this week to knock on the doors of households that haven't yet responded to the 2020 census. (AP Photo/John Raoux)
2.) “Victory is life” not for Star Trek, but for Dr. Seuss, whose publisher emerged victorious Friday in a copyright fight at the Ninth Circuit over the children’s classic “Oh, the Places You’ll Go.”
An excerpt from the ComicMix book "Oh, the Places You'll Boldly Go," a parody of the Dr. Seuss classic "Oh, the Places You'll Go."
3.) Two years to the day after Amber Heard published an editorial describing the backlash she faced as a domestic abuse survivor, a Virginia judge ordered the actress to produce her arrest record as part of discovery in a defamation case brought by her ex-husband Johnny Depp.
Actors Johnny Depp and Amber Heard arrive for the London premiere of their film “The Rum Diary” in November 2011. (AP Photo/Joel Ryan)
4.) Vice President Mike Pence, his wife and the surgeon general were televised Friday morning as they received the vaccine against the novel coronavirus.
This screenshot from a livestreamed event shows Vice President Mike Pence receiving the Covid-19 vaccine developed by Pfizer BioNTech at the Eisenhower Executive Office Building on Friday at the White House. His wife Karen Pence and U.S. Surgeon General Jerome Adams also participated. (Image via Courthouse News)
Regional
5.) California’s unemployment rate dropped again in November to 8.2%, marking sixth straight months of improvement as the state added more jobs last month than anywhere else but Texas.
FILE - In this Jan. 30, 2018 file photo, a job applicant talks with company representatives at a JobNewsUSA job fair in Miami Lakes, Fla. Jobs report on Friday, Dec. 7, for November is expected to point to a solid economy for most Americans, with steady hiring, a low unemployment rate and faster wage gains. If so, it would provide a dose of welcome news after this week’s frantic financial market gyrations, which have been driven by concerns that the U.S.-China trade war could escalate and weaken a U.S. economy already facing higher interest rates and slowing global growth. (AP Photo/Lynne Sladky, File)
6.) Suspending the merit-based screening system that for years has guided admissions to New York City’s most selective middle schools, Mayor Bill de Blasio framed the move as a long-needed step toward desegregation.
Screenshot from New York City press conference on Friday, Dec. 18, 2020, showing Mayor Bill de Blasio about school-desegregation efforts. (Image via Courthouse News)
International
7.) With the number of Covid-19 deaths and infections continuing to climb and mark new grim records, the World Health Organization on Friday warned that difficult months lie ahead despite the distribution of vaccines.
A man on a bike crosses the almost deserted market square with the historic Knochenhaueramtshaus, right in Hildeheim, Germany, Friday, Dec. 18, 2020. Germany has entered a lockdown, closing shops and schools in an effort to bring down stubbornly high new cases of the coronavirus. ( Julian Stratenschulte/dpa via AP)
8.) The United Nations’ high court held Friday it has jurisdiction to hear a South American border dispute dating back to the 1800s.


courthousenews--2020-12-18--Seuss-Star Trek Mash-Up Crashes and Burns at Ninth Circuit

SAN DIEGO ( CN ) — “ Victory is life ” not for Star Trek , but for Dr. Seuss , whose publisher emerged victorious Friday in a copyright fight at the Ninth Circuit over the children ’ s classic “ Oh , the Places You ’ ll Go.
” Dr. Seuss Enterprises sued publisher ComicMix in 2016 over the crowd-sourced Star Trek mash-up “ Oh , the Places You ’ ll Boldly Go , ” written by Star Trek episodes writer David Gerrold .
The children ’ s book publisher claimed the mash-up competed with the Seuss classic in @ @ @ @ @ @ @ children ’ s book — with its message of accomplishing individual success in the face of adversity — is often given to graduates embarking on their careers .
It shoots to The New York Times ’ bestsellers list every spring during graduation season .
A Ninth Circuit panel found Friday that the lower court was incorrect to find in favor of ComicMix in the copyright dispute .
The work was not fair use permissible under copyright laws , U.S .
Circuit Judge M. Margaret McKeown wrote in the 34-page order , remanding the @ @ @ @ @ @ @ Sammartino for disposition .
“ ‘ Boldly ’ is a mashup that borrows liberally — graphically and otherwise — from ‘ Go !
’ and other works by Dr. Seuss , and that uses Captain Kirk and his spaceship Enterprise to tell readers that ‘ life is an adventure but it will be tough.
’ The creators thought their Star Trek primer would be ‘ pretty well protected by parody , ’ but acknowledged that ‘ people in black robes ’ may disagree .
Indeed , we do , ” McKeown , a @ @ @ @ @ @ @ Star Trek mash-up ’ s use of Dr. Seuss ’ copyrighted works was not fair use — it ’ s not a licensed work of Seuss or otherwise authorized by Dr. Seuss , which was the top licensed book brand in 2017 , according to the order .
McKeown noted ComicMix “ does not dispute that it tried to copy portions of ‘ Go !
’ as accurately as possible ” with the creators of the book using a side-by-side comparison chart to “ match the structure of ‘ Go !
’ ” @ @ @ @ @ @ @ the Dr. Seuss original , McKeown wrote in the order , which included side-by-side images from both works .
Under the fair use doctrine of copyright law , a work can be considered fair use if it is “ transformative ” or “ adds something new , with a further purpose or different character , altering the first with new expression , meaning or message.
” Parodies , for example , are permissible under the fair use doctrine even though they “ mimic ” an original work in their commentary or criticism of @ @ @ @ @ @ @ Trek mash-up had argued their book was a parody of “ Oh , the Places You ’ ll Go , ” but the Ninth Circuit panel found that to be untrue .
“ ’ Boldly ’ is not a parody .
ComicMix does not seriously contend that ‘ Boldly ’ critiques or comments on ‘ Go !
.
’ Rather , it claims ‘ Boldly ’ is a parody because it situated the ‘ violent , sexual , sophisticated adult entertainment ’ of Star Trek ‘ in the context of [ Dr. Seuss @ @ @ @ @ @ @ book , ’ ” McKeown wrote .
The panel noted they rejected a previous claim involving another Seuss classic “ The Cat in the Hat , ” which retold the O.J .
Simpson double-murder trial in “ The Cat NOT in the Hat !
A Parody by Dr. Juice.
” Likewise , the Star Trek mash-up was not transformative of “ Oh , the Places You ’ ll Go , ” the panel found , rejecting Comic-Mix ’ s argument the work was transformative because it replaced Seuss characters and elements with Star @ @ @ @ @ @ @ ’ may have altered Star Trek by sending Captain Kirk and his crew to a strange new world , that world , the world of ‘ Go !
, ’ remains intact .
‘ Go !
’ was merely repackaged into a new format , carrying the story of the Enterprise crew ’ s journey through a strange star in a story shell already intricately illustrated by Dr. Seuss , ” McKeown wrote .
“ Although ComicMix ’ s work need not boldly go where no one has gone before , its repackaging @ @ @ @ @ @ @ of Seuss , coupled with its commercial use of ‘ Go !
, ’ do not result in a transformative use , ” the panel added .
ComicMix also “ sidesteps the fact that it intentionally targeted and aimed to capitalize on the same graduation market as ‘ Go !
, ’ ” McKeown wrote , noting the planned release date was scheduled to launch “ in time for school graduations.
” As the copyright holder , Dr. Seuss Enterprises has also authorized many derivative works of “ Oh , the Places You @ @ @ @ @ @ @ set to be turned into an animated motion picture by Warner Animation Group in 2027 .
“ ComicMix does not overcome the fact that Seuss often collaborates with other creators , including in projects that mix different stories and characters .
Seuss routinely receives requests for collaborations and licenses , and has entered into various collaborations that apply Seuss ’ s works to new creative contexts , ” McKeown wrote .
But the panel did not find ComicMix violated Dr. Seuss Enterprises ’ trademarks and affirmed Sammartino ’ s denial of the trademark @ @ @ @ @ @ @ by DLA Piper partner Stan Panikowski , while ComicMix is represented by attorney Dan Booth .
Both attorneys did not return call and email requests for comment .
Sammartino is a George W. Bush appointee .
U.S .
Circuit Judges N. Randy Smith , also a Bush appointee , and Barack Obama appointee Jacqueline Nguyen joined McKeown ’ s opinion .

“Victory is life” not for Star Trek, but for Dr. Seuss, whose publisher emerged victorious Friday in a copyright fight at the Ninth Circuit over the children’s classic “Oh, the Places You’ll Go.”
SAN DIEGO (CN) — “Victory is life” not for Star Trek, but for Dr. Seuss, whose publisher emerged victorious Friday in a copyright fight at the Ninth Circuit over the children’s classic “Oh, the Places You’ll Go.”
Dr. Seuss Enterprises sued publisher ComicMix in 2016 over the crowd-sourced Star Trek mash-up “Oh, the Places You’ll Boldly Go,” written by Star Trek episodes writer David Gerrold.
The children’s book publisher claimed the mash-up competed with the Seuss classic in the graduation gift market.
Seuss’ children’s book — with its message of accomplishing individual success in the face of adversity — is often given to graduates embarking on their careers. It shoots to The New York Times’ bestsellers list every spring during graduation season.
A Ninth Circuit panel found Friday that the lower court was incorrect to find in favor of ComicMix in the copyright dispute.
The work was not fair use permissible under copyright laws, U.S. Circuit Judge M. Margaret McKeown wrote in the 34-page order, remanding the copyright case to U.S. District Judge Janis Sammartino for disposition.
“‘Boldly’ is a mashup that borrows liberally — graphically and otherwise — from ‘Go!’ and other works by Dr. Seuss, and that uses Captain Kirk and his spaceship Enterprise to tell readers that ‘life is an adventure but it will be tough.’ The creators thought their Star Trek primer would be ‘pretty well protected by parody,’ but acknowledged that ‘people in black robes’ may disagree. Indeed, we do,” McKeown, a Bill Clinton appointee, wrote.
The Star Trek mash-up’s use of Dr. Seuss’ copyrighted works was not fair use — it’s not a licensed work of Seuss or otherwise authorized by Dr. Seuss, which was the top licensed book brand in 2017, according to the order.
McKeown noted ComicMix “does not dispute that it tried to copy portions of ‘Go!’as accurately as possible” with the creators of the book using a side-by-side comparison chart to “match the structure of ‘Go!’” The illustrations also closely mimic those in the Dr. Seuss original, McKeown wrote in the order, which included side-by-side images from both works.
Under the fair use doctrine of copyright law, a work can be considered fair use if it is “transformative” or “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message.”
Parodies, for example, are permissible under the fair use doctrine even though they “mimic” an original work in their commentary or criticism of it.
The makers of the Star Trek mash-up had argued their book was a parody of “Oh, the Places You’ll Go,” but the Ninth Circuit panel found that to be untrue.
“’Boldly’ is not a parody. ComicMix does not seriously contend that ‘Boldly’ critiques or comments on ‘Go!.’ Rather, it claims ‘Boldly’ is a parody because it situated the ‘violent, sexual, sophisticated adult entertainment’ of Star Trek ‘in the context of [Dr. Seuss]’ to create a ‘funny book,’” McKeown wrote.
The panel noted they rejected a previous claim involving another Seuss classic “The Cat in the Hat,” which retold the O.J. Simpson double-murder trial in “The Cat NOT in the Hat! A Parody by Dr. Juice.”
Likewise, the Star Trek mash-up was not transformative of “Oh, the Places You’ll Go,” the panel found, rejecting Comic-Mix’s argument the work was transformative because it replaced Seuss characters and elements with Star Trek material.
“While ‘Boldly’ may have altered Star Trek by sending Captain Kirk and his crew to a strange new world, that world, the world of ‘Go!,’ remains intact. ‘Go!’ was merely repackaged into a new format, carrying the story of the Enterprise crew’s journey through a strange star in a story shell already intricately illustrated by Dr. Seuss,” McKeown wrote.
“Although ComicMix’s work need not boldly go where no one has gone before, its repackaging, copying, and lack of critique of Seuss, coupled with its commercial use of ‘Go!,’ do not result in a transformative use,” the panel added.
ComicMix also “sidesteps the fact that it intentionally targeted and aimed to capitalize on the same graduation market as ‘Go!,’” McKeown wrote, noting the planned release date was scheduled to launch “in time for school graduations.”
As the copyright holder, Dr. Seuss Enterprises has also authorized many derivative works of “Oh, the Places You’ll Go!” which is set to be turned into an animated motion picture by Warner Animation Group in 2027.
“ComicMix does not overcome the fact that Seuss often collaborates with other creators, including in projects that mix different stories and characters. Seuss routinely receives requests for collaborations and licenses, and has entered into various collaborations that apply Seuss’s works to new creative contexts,” McKeown wrote.
But the panel did not find ComicMix violated Dr. Seuss Enterprises’ trademarks and affirmed Sammartino’s denial of the trademark claim.
Dr. Seuss Enterprises is represented by DLA Piper partner Stan Panikowski, while ComicMix is represented by attorney Dan Booth. Both attorneys did not return call and email requests for comment.
Sammartino is a George W. Bush appointee. U.S. Circuit Judges N. Randy Smith, also a Bush appointee, and Barack Obama appointee Jacqueline Nguyen joined McKeown’s opinion.


courthousenews--2020-12-18--Sacha Baron Cohen Ordered to Sit for Limited Interview in Suit by Judge He Pranked

MANHATTAN ( CN ) — Over two years after he embarrassed Roy Moore in a prank interview featuring a purported pedophile-detection wand , Sacha Baron Cohen will have to sit for an hour of questioning in the former Alabama judge ’ s defamation case .
Moore seeks $ 95 million in damages after making an unwitting guest appearance on Cohen ’ s satirical Showtime series “ Who Is America ?
” Donning one of his trademark disguises in the ambush , Cohen posed as a counterterrorism expert to interview Moore , the former judge who saw his 2017 Senate run @ @ @ @ @ @ @ girls .
In the 2018 interview , the English Cohen shows off what he billed as the latest feat of top-flight Israeli technology , a supposed pedophile detector that beeped persistently whenever waved around Moore .
“ I ’ m not saying you ’ re a sex offender at all , ” Cohen assures Moore in the clip .
Cohen ’ s attorney says that the standard consent agreement Moore signed with a since-dissolved company called Yerushalayim TV precludes Moore from bringing any legal claims .
Represented by the hard-right gadfly Larry Klayman @ @ @ @ @ @ @ Cohen about his knowledge of that contract ’ s enforceability .
Klayman said Friday that he has been “ stonewalled ” so far in case discovery .
During a one-hour teleconference Friday , U.S. District Judge John Cronan ruled that Cohen must sit for one hour only , and only face questions about the enforceability of the Yerushalayim TV consent agreement as it pertains to the comedian ’ s motion for summary judgment .
The Trump-appointed federal judge warned Klayman directly that he would immediately shut down the questioning if he treads past @ @ @ @ @ @ @ .
Cohen ’ s deposition “ will not be an opportunity to harass or annoy the witness or place an undue burden on the defendants , ” Cronan said .
“ That is inappropriate , not because of Mr. Cohen ’ s celebrity status , but that is an inappropriate use of discovery and runs afoul of my order as to the scope of the limited discovery .
The Freedom Watch attorney wrote in a letter to the court Monday that , “ in common and colloquial vernacular , [ Cohen ] is @ @ @ @ @ @ @ the most knowledgeable about his own fraudulently crafted scheme , which included a phony fantom and corporation , such as Yerushalayim TV , which is now conveniently and predictably dissolved for failure to make corporate filings and adhering to corporate formalities.
” “ This scheme is a ‘ trademark ’ of defendant Cohen , the master of deception who concocts them to boost his career and enhance his considerable wealth , ” the Boca Raton-based attorney added .
During Friday ’ s hearing , Klayman briefly accused the presiding judge of treating the @ @ @ @ @ @ @ impression of you ’ re being overly protective of Mr. Cohen and these very large corporate interests and that ’ s simply not appropriate , ” Klayman said .
Judge Cronan responded that Klayman ’ s characterization was “ as offensive as it is inaccurate.
” Cohen ’ s counsel Elizabeth McNamara , from Davis Wright Tremaine , urged the court to bar Klayman from opening deposition of Cohen up to questions about “ subjective intent ” in forming Yerushalayim TV .
“ Mr .
Klayman really wants to have the opportunity depose @ @ @ @ @ @ @ this fraudulent scheme , ’ and on these motions that is simply not an area of inquiry , ” McNamara said at Friday ’ s hearing .
Cohen ’ s attorneys say that Cohen has scant applicable knowledge of Yerushalayim TV as it relates the narrow scope prescribed at this stage and offered to make producer Todd Schulman available to better answer inquiries about the formation of Yerushalayim TV and its corporate relationships .
The deadline to conduct the limited discovery is Jan. 16 , 2021 .
Moore , joined in the three-count @ @ @ @ @ @ @ , claimed the actor caused both of them “ severe emotional distress , ” as well as “ severe financial damage ” presently and in the future .
The now-73-year-old judge has been dogged for years that he made inappropriate advances as an assistant district attorney in his 30s against teenage girls in the Cotton State , where the age of consent is 16 .
Two accused him of assault or molestation .
Moore denies the claims .
His case was moved from Washington to the Southern District of New York in May @ @ @ @ @ @ @ Cohen ’ s motion to dismiss before U.S. District Judge Andrew Carter , an Obama-appointed judge who presided over the case in New York until September this year , when it was reassigned to Judge Cronan .

Over two years after he embarrassed Roy Moore in a prank interview featuring a purported pedophile-detection wand, Sacha Baron Cohen will have to sit for an hour of questioning in the former Alabama judge’s defamation case,
MANHATTAN (CN) — Over two years after he embarrassed Roy Moore in a prank interview featuring a purported pedophile-detection wand, Sacha Baron Cohen will have to sit for an hour of questioning in the former Alabama judge’s defamation case.
Moore seeks $95 million in damages after making an unwitting guest appearance on Cohen’s satirical Showtime series “Who Is America?”
Donning one of his trademark disguises in the ambush, Cohen posed as a counterterrorism expert to interview Moore, the former judge who saw his 2017 Senate run derailed by sexual misconduct allegations involving underage girls.
In the 2018 interview, the English Cohen shows off what he billed as the latest feat of top-flight Israeli technology, a supposed pedophile detector that beeped persistently whenever waved around Moore. “I’m not saying you’re a sex offender at all,” Cohen assures Moore in the clip.
Cohen’s attorney says that the standard consent agreement Moore signed with a since-dissolved company called Yerushalayim TV precludes Moore from bringing any legal claims.
Represented by the hard-right gadfly Larry Klayman, however, Moore seeks to grill Cohen about his knowledge of that contract’s enforceability.
Klayman said Friday that he has been “stonewalled” so far in case discovery.
During a one-hour teleconference Friday, U.S. District Judge John Cronan ruled that Cohen must sit for one hour only, and only face questions about the enforceability of the Yerushalayim TV consent agreement as it pertains to the comedian’s motion for summary judgment.
The Trump-appointed federal judge warned Klayman directly that he would immediately shut down the questioning if he treads past that explicitly narrow scope of the deposition.
Cohen’s deposition “will not be an opportunity to harass or annoy the witness or place an undue burden on the defendants,” Cronan said. “That is inappropriate, not because of Mr. Cohen’s celebrity status, but that is an inappropriate use of discovery and runs afoul of my order as to the scope of the limited discovery.
The Freedom Watch attorney wrote in a letter to the court Monday that, “in common and colloquial vernacular, [Cohen] is the ‘main man’ and is the most knowledgeable about his own fraudulently crafted scheme, which included a phony fantom and corporation, such as Yerushalayim TV, which is now conveniently and predictably dissolved for failure to make corporate filings and adhering to corporate formalities.”
“This scheme is a ‘trademark’ of defendant Cohen, the master of deception who concocts them to boost his career and enhance his considerable wealth,” the Boca Raton-based attorney added.
During Friday’s hearing, Klayman briefly accused the presiding judge of treating Moore unfairly.
“I have the impression of you’re being overly protective of Mr. Cohen and these very large corporate interests and that’s simply not appropriate,” Klayman said.
Judge Cronan responded that Klayman’s characterization was “as offensive as it is inaccurate.”
Cohen’s counsel Elizabeth McNamara, from Davis Wright Tremaine, urged the court to bar Klayman from opening deposition of Cohen up to questions about “subjective intent” in forming Yerushalayim TV.
“Mr. Klayman really wants to have the opportunity depose Mr. Cohen concerning what he calls ‘this fraudulent scheme,’ and on these motions that is simply not an area of inquiry,” McNamara said at Friday’s hearing.
Cohen’s attorneys say that Cohen has scant applicable knowledge of Yerushalayim TV as it relates the narrow scope prescribed at this stage and offered to make producer Todd Schulman available to better answer inquiries about the formation of Yerushalayim TV and its corporate relationships.
The deadline to conduct the limited discovery is Jan. 16, 2021.
Moore, joined in the three-count suit by his wife, Kayla Moore, claimed the actor caused both of them “severe emotional distress,” as well as “severe financial damage” presently and in the future.
The now-73-year-old judge has been dogged for years that he made inappropriate advances as an assistant district attorney in his 30s against teenage girls in the Cotton State, where the age of consent is 16. Two accused him of assault or molestation. Moore denies the claims.
His case was moved from Washington to the Southern District of New York in May 2019.
The Moores’ complaint survived Cohen’s motion to dismiss before U.S. District Judge Andrew Carter, an Obama-appointed judge who presided over the case in New York until September this year, when it was reassigned to Judge Cronan.


Hawaii

HONOLULU — A federal court in Hawaii granted President Donald Trump and other government defendants ’ motion to dismiss a @ @ @ @ @ of the “ Nation of Hawaii.
” Presidential immunity applies .


Overtime Pay

WASHINGTON — The Court of Federal Claims granted a group of diagnostic radiologic technologists ’ motion for conditional class certification @ @ @ @ @ were wrongfully denied overtime pay .
The technologists worked at Department of Veterans Affairs facilities @ @ @ @


Conversion Therapy

HARRISBURG , Pa. — A federal court in Pennsylvania granted The Philadelphia Inquirer ’ s motion to unseal some materials @ @ @ @ @ against the Milton Hershey School brought by a former student who claimed he was forced @ @ @ @ @ therapy vidoes ” with their surrogate school families .
The suit was dismissed in May @ @


Suspended

COLUMBUS , Ohio — The Ohio Supreme Court suspended former Hamilton County Common Pleas Court Judge Michael Bachman from the @ @ @ @ @ months , finding the former judge engaged in misconduct for an incident in which he @ @ @ @ @ and accosted a woman who had screamed in the hallway , brought her back to @ @ @ @ @ placed between her neck and shoulder , held her in contempt and increased her three-day @ @ @ @ @ when she protested his actions .
The woman was also physically subdued by two deputies @ @ @ @ @ .
The sentencing for a “ one-second scream in the hallway … is outrageous , @ @ @ @ @

The Ohio Supreme Court suspended former Hamilton County Common Pleas Court Judge Michael Bachman from the practice of law for six months, finding the former judge engaged in misconduct for an incident in which he ran out of his courtroom and accosted a woman who had screamed in the hallway, brought her back to the court with his hand placed between her neck and shoulder, held her in contempt and increased her three-day jail sentence to 10 days when she protested his actions.
COLUMBUS, Ohio — The Ohio Supreme Court suspended former Hamilton County Common Pleas Court Judge Michael Bachman from the practice of law for six months, finding the former judge engaged in misconduct for an incident in which he ran out of his courtroom and accosted a woman who had screamed in the hallway, brought her back to the court with his hand placed between her neck and shoulder, held her in contempt and increased her three-day jail sentence to 10 days when she protested his actions.
The woman was also physically subdued by two deputies and threatened with being tased. The sentencing for a “one-second scream in the hallway … is outrageous,” the court wrote.


Gun Ordinances

COLUMBUS , Ohio — The Ohio Supreme Court ruled that two gun rights groups do not have standing to bring @ @ @ @ @ of Columbus and its city attorney over two firearm-related ordinances that prohibit bump stocks and @ @ @ @ @ domestic violence offenses from possessing a gun .


courthousenews--2020-12-19--Ohio Supreme Court Rules Man Can’t Be Ordered to Abstain From Procreation

( CN ) — A father convicted of failing to support his 11 children can not be prohibited from making it a dozen , the Ohio Supreme Court ruled Friday in a 6-1 decision .
London Chapman was convicted in six combined criminal cases and sentenced to community control , or probation .
One of its provisions was “ to make all reasonable efforts to avoid impregnating a woman during the community control period ” or until he could prove that he was supporting his 11 kids .
At the time of his sentence , Chapman owed over $ 200,000 @ @ @ @ @ @ @ arguing that the sentence violated his constitutional right to procreate .
The appeals court disagreed , stating that the provision was reasonably related to a rehabilitative purpose .
The Ohio Supreme Court overruled the appeals court in a decision written by Justice R. Patrick DeWine .
DeWine stated that the court must apply the test of “ whether a community-control condition reasonably relates to the offense at issue , furthers the twin goals of rehabilitation and justice , and does not cause a greater deprivation of liberty than is necessary to achieve those @ @ @ @ @ @ @ that the restriction on Chapman procreating was not related to the goals of community control .
“ The criminality of Chapman ’ s conduct is separate from the number of children he has .
While his obligation might increase with more children , his ability to pay is separate , ” DeWine wrote .
According to the statute , Chapman can comply with Ohio law if he pays what he can afford .
DeWine offered several employment-related provisions the trial court could have imposed .
“ It might have ordered him to participate @ @ @ @ @ @ @ a program that would ensure that he was working and that child support was being deducted from his paycheck , required that he undergo education in financial planning and management , or placed restrictions on his spending , ” he wrote .
She stated that the court ’ s test “ requires that the community-control condition have some relationship to the crimes of which the offender was convicted .
It is difficult to imagine how fathering dependents that the law mandates Chapman to support does not have some relationship to the criminal act @ @ @ @ @ @ @ his dependents.
” The Ohio Supreme Court remanded the case to the Lorain County Court for the removal of the anti-procreation provision .

A father convicted of failing to support his 11 children cannot be prohibited from making it a dozen, the Ohio Supreme Court ruled Friday in a 6-1 decision.
(CN) — A father convicted of failing to support his 11 children cannot be prohibited from making it a dozen, the Ohio Supreme Court ruled Friday in a 6-1 decision.
London Chapman was convicted in six combined criminal cases and sentenced to community control, or probation. One of its provisions was “to make all reasonable efforts to avoid impregnating a woman during the community control period” or until he could prove that he was supporting his 11 kids.
At the time of his sentence, Chapman owed over $200,000 in child support.
Chapman appealed, arguing that the sentence violated his constitutional right to procreate. The appeals court disagreed, stating that the provision was reasonably related to a rehabilitative purpose.
The Ohio Supreme Court overruled the appeals court in a decision written by Justice R. Patrick DeWine.
DeWine stated that the court must apply the test of “whether a community-control condition reasonably relates to the offense at issue, furthers the twin goals of rehabilitation and justice, and does not cause a greater deprivation of liberty than is necessary to achieve those penological goals.”
Ultimately, he decided that the restriction on Chapman procreating was not related to the goals of community control.
“The criminality of Chapman’s conduct is separate from the number of children he has. While his obligation might increase with more children, his ability to pay is separate,” DeWine wrote.
According to the statute, Chapman can comply with Ohio law if he pays what he can afford.
DeWine offered several employment-related provisions the trial court could have imposed.
“It might have ordered him to participate in job training, placed him in a program that would ensure that he was working and that child support was being deducted from his paycheck, required that he undergo education in financial planning and management, or placed restrictions on his spending,” he wrote.
Justice Judith French dissented from her colleagues.
She stated that the court’s test “requires that the community-control condition have some relationship to the crimes of which the offender was convicted. It is difficult to imagine how fathering dependents that the law mandates Chapman to support does not have some relationship to the criminal act of failing to pay court-ordered support for his dependents.”
The Ohio Supreme Court remanded the case to the Lorain County Court for the removal of the anti-procreation provision.


courthousenews--2020-12-19--Federal Judge Declines to Overturn Contempt of Court Charge for California Church

( CN ) — As expected , a federal court declined to grant a temporary restraining order Friday to a California-based church that has repeatedly flouted local Covid restrictions during an ongoing state case .
U.S. District Court Judge Beth Labson Freeman denied Calvary Chapel , a church based in San Jose , a requested temporary restraining order , noting that the San Jose Superior Court is entertaining an ongoing case in which the church and its pastor — Mike McClure — have been held in contempt of court .
“ Amidst the struggling days of the COVID-19 pandemic , @ @ @ @ @ @ @ Baptist Church , Mike McClure , and Micaiah Irmler ( collectively , “ Plaintiffs ” ) ask this court to disregard our Federalism and seek a temporary restraining order , ” Labson Freeman wrote in a terse nine-page order .
McClure , the pastor at Calvary Chapel , did close his church on the orders of Santa Clara County in the initial phase of the coronavirus pandemic , which began in earnest in the United States and California in March .
In May , McClure resumed in-person religious activities and continued to hold @ @ @ @ @ @ @ masks and in defiance of social distancing provisions .
In June , public health officials received an anonymous complaint about the direct flouting of local ordinances , at which time county officials began to dialogue with McClure and the church .
Those conversations proved unfruitful and the county undertook an enforcement action against the church in October , seeking a temporary restraining order to prevent the church from conducting indoor services .
They were awarded the order by Santa Clara County Superior Court Judge Peter Kirwan in early November , but McClure and @ @ @ @ @ @ @ in a contempt of court proceeding against the church .
In the meantime , the Supreme Court ruled on a lawsuit brought by the Roman Catholic Archdiocese of Brooklyn , saying the government could not treat religious institutions differently than secular ones as it relates to coronavirus restrictions .
McClure and the other plaintiffs attempted to use this ruling to justify its practices and asked the state court to reconsider its contempt of court proceedings in terms of the new rulings .
McClure then brought his claims to federal court , asking it @ @ @ @ @ @ @ the Supreme Court ruling , but Labson Freeman was also not persuaded by the argument in light of the new ruling .
In fact , she noted that the churches in the Supreme Court case had a history of compliance with the local coronavirus restrictions , as opposed to Calvary Church , which flouted them routinely .
“ Plaintiffs do not have a history of compliance , ” said Robin Wall , attorney for Santa Clara County during a Thursday hearing .
“ They have flouted the rules at every opportunity.
” Labson @ @ @ @ @ @ @ , in their ruling , conceded that “ [ s ] temming the spread of COVID-19 is unquestionably a compelling state interest , ” but were concerned about rules that seemed to treat religious institutions and places of worship more harshly than other secular places .
But ultimately , this case came down to the fact that plaintiffs were asking the federal court to intercede in a matter pending in state court and to violate the principles of federalism which regulates and separates state and federal powers .
“ Our Federalism properly places @ @ @ @ @ @ @ the Santa Clara County Superior Court , ” Labson Freeman wrote .

As expected, a federal court declined to grant a temporary restraining order Friday to a California-based church that has repeatedly flouted local Covid restrictions during an ongoing state case.
(CN) — As expected, a federal court declined to grant a temporary restraining order Friday to a California-based church that has repeatedly flouted local Covid restrictions during an ongoing state case.
U.S. District Court Judge Beth Labson Freeman denied Calvary Chapel, a church based in San Jose, a requested temporary restraining order, noting that the San Jose Superior Court is entertaining an ongoing case in which the church and its pastor — Mike McClure — have been held in contempt of court.
“Amidst the struggling days of the COVID-19 pandemic, plaintiffs Calvary Chapel San Jose, Southridge Baptist Church, Mike McClure, and Micaiah Irmler (collectively, “Plaintiffs”) ask this court to disregard our Federalism and seek a temporary restraining order,” Labson Freeman wrote in a terse nine-page order.
McClure, the pastor at Calvary Chapel, did close his church on the orders of Santa Clara County in the initial phase of the coronavirus pandemic, which began in earnest in the United States and California in March.
In May, McClure resumed in-person religious activities and continued to hold services with a full church, without masks and in defiance of social distancing provisions.
In June, public health officials received an anonymous complaint about the direct flouting of local ordinances, at which time county officials began to dialogue with McClure and the church.
Those conversations proved unfruitful and the county undertook an enforcement action against the church in October, seeking a temporary restraining order to prevent the church from conducting indoor services.
They were awarded the order by Santa Clara County Superior Court Judge Peter Kirwan in early November, but McClure and Calvary Church refused to comply, resulting in a contempt of court proceeding against the church.
In the meantime, the Supreme Court ruled on a lawsuit brought by the Roman Catholic Archdiocese of Brooklyn, saying the government could not treat religious institutions differently than secular ones as it relates to coronavirus restrictions.
McClure and the other plaintiffs attempted to use this ruling to justify its practices and asked the state court to reconsider its contempt of court proceedings in terms of the new rulings.
Kirwan was not swayed.
McClure then brought his claims to federal court, asking it to consider its position in light of the Supreme Court ruling, but Labson Freeman was also not persuaded by the argument in light of the new ruling.
In fact, she noted that the churches in the Supreme Court case had a history of compliance with the local coronavirus restrictions, as opposed to Calvary Church, which flouted them routinely.
“Plaintiffs do not have a history of compliance,” said Robin Wall, attorney for Santa Clara County during a Thursday hearing. “They have flouted the rules at every opportunity.”
Labson Freeman also noted that the Supreme Court, in their ruling, conceded that “[s]temming the spread of COVID-19 is unquestionably a compelling state interest,” but were concerned about rules that seemed to treat religious institutions and places of worship more harshly than other secular places.
But ultimately, this case came down to the fact that plaintiffs were asking the federal court to intercede in a matter pending in state court and to violate the principles of federalism which regulates and separates state and federal powers.
“Our Federalism properly places this dispute in the more-than-capable hands of the Santa Clara County Superior Court,” Labson Freeman wrote.