courthousenews--2020-10-06--Denver Homeless Say City Breached Sweep Settlement

DENVER ( CN ) — A class of people experiencing homelessness in Denver sued the city in federal court on Monday for violating a settlement agreement requiring advanced notice before clearing encampments .
Between April and August , Denver cleared at least 11 homeless camps , displacing more than 1,000 unhoused campers .
Covid-19 guidelines from the Center for Disease Control advise against clearing encampments unless adequate housing is available .
Nonprofit organization Denver Homeless Out Loud first challenged the constitutionality of Denver ’ s urban camping ban in 2016 , after several unhoused persons ’ blankets and tents were @ @ @ @ @ @ @ William Martinez signed off on a settlement between the parties in September 2019 , requiring a week ’ s notice before breaking up homeless camps and outlining protocol for what to do with the personal belongings left behind .
The Obama appointee will also preside over the new complaint .
“ Despite agreeing to stop taking our homeless neighbors ’ property without notice , and trashing it , in the Lyall settlement agreement , Denver continues to flagrantly violate that agreement and the Constitution , ” Andy McNulty , of the civil rights-focused @ @ @ @ @ @ @ in a statement .
“ That the failure to give any notice whatsoever was purposeful , and done to prevent those who disagree with the sweeps from showing up to voice their displeasure , is even more shocking.
” As of January 2020 , the Metro Denver Homeless Initiative counted 4,171 people experiencing homelessness in the city , with 996 living outside of shelters .
The new lawsuit claims Denver law enforcement often planned to clear encampments days or weeks in advance but gave no advanced notice to campers .
“ Denver did @ @ @ @ @ @ @ want members of the public showing up to witness what was happening during the sweep at Lincoln Park , or showing any disapproval of the brutal tactics in the moment , ” the 112-page complaint states .
“ Denver refused to provide notice for nakedly political reasons.
” The meticulous list of items destroyed by Denver law enforcement include “ belongings necessary for survival outside , including tents , blankets , shades , umbrellas , tarps , clothing , and sleeping bags , ” as well as “ irreplaceable belongings , including photographs @ @ @ @ @ @ @ ) , letters , and notes , ” and “ plaintiffs ’ only means of transportation , including bicycles , skateboards , and shoes.
” Charles Davis was among those displaced from Lincoln Park , between the state Capitol and Colorado Supreme Court on July 29 .
According to the complaint , he was staying in the park because he feared getting Covid-19 from the shelters .
He was using the bathroom at the bus station when police fenced off the park and cleared it out .
The lawsuit argues that people experiencing @ @ @ @ @ @ @ while staying outdoors , as opposed to staying in crowded shelters , where one survey found 7 % of residents contracted the disease between May and June .
The sweeps also impacted individual livelihoods .
Tomasa Dogtrail , a disabled woman who traverses via a wheelchair lost a bag full of electronics which she repairs and sells .
Named plaintiff Steve Olsen ’ s encampment was cleared while he was applying for work .
Clearing homeless encampments , the lawsuit said , does “ nothing to ensure that homeless individuals obtain stable housing @ @ @ @ @ @ @ government claims that they need , but only seek to push them into dangerous shelters or less visible parts of the city .
In other words , the point is to push homeless individuals out of the public eye.
” Instead of expending resources on homeless sweeps , the lawsuit suggests providing the homeless population with hand sanitizer and access to restrooms .
Rather than “ sweeps , ” the city characterized its actions as “ cleanups.
” “ While the city has not yet seen the lawsuit , the city disagrees that @ @ @ @ @ @ @ settlement agreement , ” said Ryan Luby , a public information officer for Denver , in an email .
“ The city works very hard to connect people experiencing homelessness with services , but can not allow unsafe and unsanitary conditions to continue as it puts everyone at risk , including those who are experiencing homelessness.
” In addition to violating an earlier settlement agreement , the lawsuit contends Denver violated the Fourth Amendment and Fourteenth Amendment rights of people experiencing homelessness .
In addition to an 82-page motion for preliminary injunction , @ @ @ @ @ @ @ the City and County of Denver from conducting homeless sweeps during the pandemic and to provide restrooms , sanitation services , and handwashing stations .

A class of people experiencing homelessness in Denver sued the city in federal court on Monday for violating a settlement agreement requiring advanced notice before clearing encampments.
DENVER (CN) — A class of people experiencing homelessness in Denver sued the city in federal court on Monday for violating a settlement agreement requiring advanced notice before clearing encampments.
Between April and August, Denver cleared at least 11 homeless camps, displacing more than 1,000 unhoused campers. Covid-19 guidelines from the Center for Disease Control advise against clearing encampments unless adequate housing is available.
Nonprofit organization Denver Homeless Out Loud first challenged the constitutionality of Denver’s urban camping ban in 2016, after several unhoused persons’ blankets and tents were seized during winter.
U.S. District Judge William Martinez signed off on a settlement between the parties in September 2019, requiring a week's notice before breaking up homeless camps and outlining protocol for what to do with the personal belongings left behind. The Obama appointee will also preside over the new complaint.
"Despite agreeing to stop taking our homeless neighbors' property without notice, and trashing it, in the Lyall settlement agreement, Denver continues to flagrantly violate that agreement and the Constitution,” Andy McNulty, of the civil rights-focused firm Kilmer Lane and Newman, said in a statement. “That the failure to give any notice whatsoever was purposeful, and done to prevent those who disagree with the sweeps from showing up to voice their displeasure, is even more shocking.”
As of January 2020, the Metro Denver Homeless Initiative counted 4,171 people experiencing homelessness in the city, with 996 living outside of shelters.
The new lawsuit claims Denver law enforcement often planned to clear encampments days or weeks in advance but gave no advanced notice to campers.
"Denver did not provide notice because they did not want members of the public showing up to witness what was happening during the sweep at Lincoln Park, or showing any disapproval of the brutal tactics in the moment,” the 112-page complaint states. “Denver refused to provide notice for nakedly political reasons.”
The meticulous list of items destroyed by Denver law enforcement include “belongings necessary for survival outside, including tents, blankets, shades, umbrellas, tarps, clothing, and sleeping bags,” as well as “irreplaceable belongings, including photographs, family heirlooms (such as jewelry), letters, and notes,” and “plaintiffs’ only means of transportation, including bicycles, skateboards, and shoes.”
Charles Davis was among those displaced from Lincoln Park, between the state Capitol and Colorado Supreme Court on July 29. According to the complaint, he was staying in the park because he feared getting Covid-19 from the shelters. He was using the bathroom at the bus station when police fenced off the park and cleared it out.
The lawsuit argues that people experiencing homelessness are less likely to contract Covid-19 while staying outdoors, as opposed to staying in crowded shelters, where one survey found 7% of residents contracted the disease between May and June.
The sweeps also impacted individual livelihoods. Tomasa Dogtrail, a disabled woman who traverses via a wheelchair lost a bag full of electronics which she repairs and sells. Named plaintiff Steve Olsen's encampment was cleared while he was applying for work.
Clearing homeless encampments, the lawsuit said, does “nothing to ensure that homeless individuals obtain stable housing, or obtain any services that the government claims that they need, but only seek to push them into dangerous shelters or less visible parts of the city. In other words, the point is to push homeless individuals out of the public eye."
Instead of expending resources on homeless sweeps, the lawsuit suggests providing the homeless population with hand sanitizer and access to restrooms.
Rather than “sweeps,” the city characterized its actions as “cleanups.”
“While the city has not yet seen the lawsuit, the city disagrees that it has violated the terms of the settlement agreement,” said Ryan Luby, a public information officer for Denver, in an email. “The city works very hard to connect people experiencing homelessness with services, but cannot allow unsafe and unsanitary conditions to continue as it puts everyone at risk, including those who are experiencing homelessness.”
In addition to violating an earlier settlement agreement, the lawsuit contends Denver violated the Fourth Amendment and Fourteenth Amendment rights of people experiencing homelessness.
In addition to an 82-page motion for preliminary injunction, the class asks the court to enjoin the City and County of Denver from conducting homeless sweeps during the pandemic and to provide restrooms, sanitation services, and handwashing stations.


courthousenews--2020-10-05--Biden Holds On to 8-Point Lead Among Likely Arizona Voters in New Poll

( CN ) — A poll out Monday shows Vice President Joe Biden leading President Donald Trump by eight points in Arizona , a weakening Republican stronghold that hasn ’ t gone to a Democrat in a presidential election since Bill Clinton in 1996 .
Biden got the nod from 49 % of likely Arizona voters versus 41 % for the president in The New York Times/Siena College poll , a virtual repeat of numbers from the same poll Sept. 18 , which showed Biden leading Trump 49 % to 40 % .
The poll also had a Democrat — @ @ @ @ @ @ @ Mark Kelly — leading Republican U.S .
Senator Martha McSally 50 % to 39 % , setting up the potential for Arizona to have two Democratic senators for the first time since 1953 .
Biden is building his lead via Arizona ’ s Republicans and independents .
While 95 % of Democrats back the longtime former Delaware senator , just 90 % of Republicans back Trump .
Among independents — roughly a third of Arizona voters — Biden has the support of 53 % and Trump 28 % , the poll showed .
@ @ @ @ @ @ @ handle the pandemic ( 54 % to 40 % ) , unify the county ( 52 % to 37 % ) , maintain law and order ( 49 % to 46 % ) , choose a Supreme Court justice ( 49 % to 44 % ) , and protect people with pre-existing conditions ( 55 % top 38 % ) .
Only on the economy did Arizonans trust Trump more ( 49 % to 46 % ) , the poll showed .
“ Over the last two weeks , we ’ ve seen @ @ @ @ @ @ @ of a Supreme Court justice and the president infected with Covid-19 .
Despite all that , the presidential race for Arizona ’ s 11 Electoral College votes is unchanged , ” said Dr. Don Levy , director of the Siena Research Institute .
“ Voters continue to overwhelmingly back the candidate of their party , and independents continue to strongly favor Biden.
” The same picture is largely true in the Senate race .
Kelly has the support of 90 % of Democrats and 53 % of independents , while McSally has just @ @ @ @ @ @ @ and only 31 % among independents , the poll shows .
The Senate race is a special election to serve out the term of longtime Senator John McCain , who died in office in 2018 .
Gov .
Doug Ducey appointed McSally after she lost her 2018 bid for Arizona ’ s other Senate seat to Democrat Kyrsten Sinema .
McSally , a former U.S. representative and the nation ’ s first woman combat pilot , represented many of the constituents of Kelly ’ s wife , former Representative Gabby Giffords , who @ @ @ @ @ @ @ head by a psychotic gunman in January 2011 .
McSally ran unsuccessfully to replace Giffords , eventually winning a seat in a newly redrawn district covering most of the same area as Giffords ’ former district .
The New York Times/Siena College poll of 655 likely Arizona voters contains a margin of error of +/- 4.2 % .

A poll out Monday shows Vice President Joe Biden leading President Donald Trump by eight points in Arizona, a weakening Republican stronghold that hasn’t gone to a Democrat in a presidential election since Bill Clinton in 1996.
(CN) — A poll out Monday shows Vice President Joe Biden leading President Donald Trump by eight points in Arizona, a weakening Republican stronghold that hasn’t gone to a Democrat in a presidential election since Bill Clinton in 1996.
Biden got the nod from 49% of likely Arizona voters versus 41% for the president in The New York Times/Siena College poll, a virtual repeat of numbers from the same poll Sept. 18, which showed Biden leading Trump 49% to 40%.
The poll also had a Democrat — retired space shuttle commander and Navy pilot Mark Kelly — leading Republican U.S. Senator Martha McSally 50% to 39%, setting up the potential for Arizona to have two Democratic senators for the first time since 1953.
Biden is building his lead via Arizona’s Republicans and independents.
While 95% of Democrats back the longtime former Delaware senator, just 90% of Republicans back Trump. Among independents — roughly a third of Arizona voters — Biden has the support of 53% and Trump 28%, the poll showed.
The poll showed Arizonans favor Biden to handle the pandemic (54% to 40%), unify the county (52% to 37%), maintain law and order (49% to 46%), choose a Supreme Court justice (49% to 44%), and protect people with pre-existing conditions (55% top 38%). Only on the economy did Arizonans trust Trump more (49% to 46%), the poll showed.
“Over the last two weeks, we’ve seen the first presidential debate, the nomination of a Supreme Court justice and the president infected with Covid-19. Despite all that, the presidential race for Arizona’s 11 Electoral College votes is unchanged,” said Dr. Don Levy, director of the Siena Research Institute.
“Voters continue to overwhelmingly back the candidate of their party, and independents continue to strongly favor Biden.”
The same picture is largely true in the Senate race.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Donald Trump left the Washington hospital where he has been treated for coronavirus the last three days ; Joe Biden made a series of stops in South Florida as the race for the White House heads into the final month ; Calls for the resignation of embattled Texas Attorney General Ken Paxton grew from fellow Republicans , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday @ @ @ @ @ @ @ Donald Trump left the Washington hospital where he has been treated for coronavirus the last three days on Monday evening to continue recovering at the White House , where a rapidly increasing succession of staff have tested positive for Covid-19 .
2 . )
Promising to rebuild the economy tattered by the coronavirus pandemic , Democratic presidential candidate Joe Biden made a series of stops in South Florida on Monday as the race for the White House heads into the final month .
3 . )
Despite 27 years of Democratic governors appointing @ @ @ @ @ @ @ courts have remained balanced thanks to a law requiring judicial seats to be split between the two major political parties , a lawyer for the state argued Monday before the Supreme Court .
4 . )
Calls for the resignation of embattled Texas Attorney General Ken Paxton grew Monday from fellow Republicans after seven senior staffers reported him to federal officials for alleged bribery and abuse of office tied to the investigation of a campaign donor ’ s enemies .
5 . )
The legal limits of the Wisconsin governor ’ s power @ @ @ @ @ @ @ argued in court Monday , as a state judge weighed the constitutional interest in separation of powers against the continuing public health threat of Covid-19 .
6 . )
Ohio Secretary of State Frank LaRose decided Monday to allow counties to install multiple absentee ballot drop boxes for the November election , but they must be located on the properties of election boards .
7 . )
California election officials marked the first day of early voting for the November general election by sending out millions of mail-in ballots to voters Monday , @ @ @ @ @ @ @ , a former Republican stronghold and the site of hotly contested congressional elections in recent years .
8 . )
The European Union faced some tough questions as it defended Facebook at the EU high court Monday , in a case over which country ’ s data-protection agency can go after the social media giant .

Top eight CNS stories for today including President Donald Trump left the Washington hospital where he has been treated for coronavirus the last three days; Joe Biden made a series of stops in South Florida as the race for the White House heads into the final month; Calls for the resignation of embattled Texas Attorney General Ken Paxton grew from fellow Republicans, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Donald Trump left the Washington hospital where he has been treated for coronavirus the last three days; Joe Biden made a series of stops in South Florida as the race for the White House heads into the final month; Calls for the resignation of embattled Texas Attorney General Ken Paxton grew from fellow Republicans, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) President Donald Trump left the Washington hospital where he has been treated for coronavirus the last three days on Monday evening to continue recovering at the White House, where a rapidly increasing succession of staff have tested positive for Covid-19.
President Donald Trump drives past supporters gathered outside Walter Reed National Military Medical Center in Bethesda, Md., Sunday, Oct. 4, 2020. Trump was admitted to the hospital after contracting COVID-19. (AP Photo/Anthony Peltier)
2.) Promising to rebuild the economy tattered by the coronavirus pandemic, Democratic presidential candidate Joe Biden made a series of stops in South Florida on Monday as the race for the White House heads into the final month.
Democratic presidential candidate former Vice President Joe Biden speaks at the Little Haiti Cultural Complex, Monday, Oct. 5, 2020, in Miami. (AP Photo/Andrew Harnik)
3.) Despite 27 years of Democratic governors appointing the state’s judges, Delaware courts have remained balanced thanks to a law requiring judicial seats to be split between the two major political parties, a lawyer for the state argued Monday before the Supreme Court.
The U.S. Supreme Court. (Jack Rodgers/Courthouse News)
Regional
4.) Calls for the resignation of embattled Texas Attorney General Ken Paxton grew Monday from fellow Republicans after seven senior staffers reported him to federal officials for alleged bribery and abuse of office tied to the investigation of a campaign donor’s enemies.
FILE - State Attorney General Ken Paxton waits on the flight line for the arrival of Vice President Mike Pence at Love Field in Dallas, Sunday, June 28, 2020. Several top deputies of Texas’ attorney general have accused him of crimes including bribery and abuse of office in an internal letter saying they’ve reported the actions to law enforcement. In a brief letter, seven senior lawyers wrote that they reported Paxton for potentially breaking the law “in his official capacity as the current Attorney General of Texas." Paxton’s defense attorney in the securities case, declined to comment on the new allegations Sunday, Oct. 4, 2020. Paxton pleaded not guilty in that case but it is not clear whether the new accusations are related. (AP Photo/Tony Gutierrez)
5.) The legal limits of the Wisconsin governor’s power to declare an emergency were once again argued in court Monday, as a state judge weighed the constitutional interest in separation of powers against the continuing public health threat of Covid-19.
Bridget McDonald, right, receives a ballot from poll worker Patty Piek-Groth on Tuesday, April 7, 2020, at the Janesville Mall in Janesville, Wis. Hundreds of voters in Wisconsin are waiting in line to cast ballots at polling places for the state's presidential primary election, ignoring a stay-at-home order over the coronavirus threat. (Angela Major/The Janesville Gazette via AP)
6.) Ohio Secretary of State Frank LaRose decided Monday to allow counties to install multiple absentee ballot drop boxes for the November election, but they must be located on the properties of election boards.
Marcia McCoy drops her ballot into a box outside the Cuyahoga County Board of Elections, Tuesday, April 28, 2020, in Cleveland, Ohio. (AP Photo/Tony Dejak)
7.) California election officials marked the first day of early voting for the November general election by sending out millions of mail-in ballots to voters Monday, including nearly 2 million in Orange County, a former Republican stronghold and the site of hotly contested congressional elections in recent years.
California Secretary of State Alex Padilla said in a press conference on Oct. 5, 2020, that early voting for the upcoming general election is underway and voters can safely vote by mail or in person. (Courthouse News photo / Martin Macias Jr.)
International
8.) The European Union faced some tough questions as it defended Facebook at the EU high court Monday, in a case over which country’s data-protection agency can go after the social media giant.


courthousenews--2020-10-05--California Courts Covid Update

California Courts Covid Update

Oct. 5 , 2020 : Court offers options for those with outstanding citations Oct. 1 , 2020 : Notice for @ @ @ @ @ forms Sept. 29 , 2020 : Court extends use of video and telephonic technology for @ @ @ @ @ , 2020 : Search warrant and walk through warrants of arrest Sept. 29 , 2020 @ @ @ @ @ video and telephone conferencing for criminal proceedings Oct. 5 , 2020 : Clerk ’ s @ @ @ @ @ to 3:00 p.m. ( traffic windows open until 4:00 p.m. ) .
Phone hours remain @ @ @ @ @ , according to a new sign at the court Sept. 28 , 2020 : Implementing @ @ @ @ @ taken into custody Sept. 28 , 2020 : Implementing emergency relief regarding minors taken into @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-10-05--Staggering Scale of California Wildfire Season Continues to Grow

( CN ) — A wildfire burning in Northern California has now consumed more than 1 million acres while over 4 million acres in the Golden State have been scorched during this historic wildfire season — two grim milestones reached Monday .
The size of Northern California ’ s August Complex alone exceeds that of all the forest fires that burned in the state between 1932 and 1999 , California Governor Gavin Newsom said Monday .
“ If that ’ s not proof point , testament , to climate change , then I don ’ t know what is , @ @ @ @ @ @ @ sparked throughout the state so far in 2020 , with 23 of those turning into major wildfires .
To date , fires have killed 31 people and destroyed more than 8,000 homes and businesses throughout the state , including famed wineries , historic general stores and three-star Michelin restaurants .
“ Yesterday , firefighters also responded to 26 new wildfires , bringing full containment to all but one , the Lambert Fire in Amador County , ” Cal Fire said in a Monday morning statement .
The August Complex began as several different @ @ @ @ @ @ @ mid-August .
The fires burned separately but joined together into one large forest fire in mid-September , when it became the largest fire in state history .
As of Monday , the blaze has blackened 1,500 square miles .
The historic wildfire season has prompted a debate about the causes , with Newsom and others pointing the finger at climate change .
President Donald Trump , who visited the state in September , calls for better forest management .
Numerous studies say the rise in greenhouse gas emissions from fossil fuels like coal @ @ @ @ @ @ @ a long-term alteration in weather patterns .
In California , the winters have gotten shorter and drier , meaning much of the shrubs and trees in the state ’ s forest are more susceptible to sparks and other fire starters .
Vince Tofanelli , who fled his winery in Napa Valley last week due to the Glass Fire , said he has noticed an uptick in heat waves and drier weather .
He said his vines have adjusted but the surrounding forests have not .
“ I ’ ve farmed this vineyard for @ @ @ @ @ @ @ tell you it ’ s climate change , ” Tofanelli said .
However , fire officials also acknowledge more active forest management needs to occur to stave off the annual onslaught of fires in the state ’ s forests , which cripples mountain communities and kills Californians .
Daniel Ramey , a public information officer on the Creek Fire burning in Fresno and Madera counties , said there were several communities near Shaver Lake that were saved due to defensible space work performed in the past several years .
While California has allocated @ @ @ @ @ @ @ out underbrush , the federal government manages approximately 57 % of the state ’ s forests .
The August Complex was listed at 54 % containment Monday , a good indication firefighters are gaining the upper hand .
The complex killed one firefighter , severely injured another and has burnt 149 strcutures .
Firefighters have also made progress on the Creek Fire , managing about 48 % containment on Monday .
That fire has burned about 320,000 acres and destroyed about 850 structures .
The Glass Fire burning in Napa and Solana counties @ @ @ @ @ @ @ % containment , a significant improvement from last week .
While California remains hot and dry many of the gusty winds that fueled fires in August and September have abated and the weather forecast calls for a chance of rain moving into Northern California on Friday and Saturday .
However , October is historically one of the worst months for wildfire in California , so fire officials are cautioning residents to remain vigilant .
Five of the six largest wildfires in state history started in the summer of 2020 .

A wildfire burning in Northern California has now consumed more than 1 million acres while over 4 million acres in the Golden State have been scorched during this historic wildfire season — two grim milestones reached Monday.
(CN) — A wildfire burning in Northern California has now consumed more than 1 million acres while over 4 million acres in the Golden State have been scorched during this historic wildfire season — two grim milestones reached Monday.
The size of Northern California’s August Complex alone exceeds that of all the forest fires that burned in the state between 1932 and 1999, California Governor Gavin Newsom said Monday.
“If that’s not proof point, testament, to climate change, then I don’t know what is,” he said.
Approximately 8,300 wildfires sparked throughout the state so far in 2020, with 23 of those turning into major wildfires. To date, fires have killed 31 people and destroyed more than 8,000 homes and businesses throughout the state, including famed wineries, historic general stores and three-star Michelin restaurants.
“Yesterday, firefighters also responded to 26 new wildfires, bringing full containment to all but one, the Lambert Fire in Amador County,” Cal Fire said in a Monday morning statement.
The August Complex began as several different fires set by a lightning storm in mid-August. The fires burned separately but joined together into one large forest fire in mid-September, when it became the largest fire in state history.
As of Monday, the blaze has blackened 1,500 square miles.
The historic wildfire season has prompted a debate about the causes, with Newsom and others pointing the finger at climate change. President Donald Trump, who visited the state in September, calls for better forest management.
Numerous studies say the rise in greenhouse gas emissions from fossil fuels like coal, natural gas and oil has caused a long-term alteration in weather patterns. In California, the winters have gotten shorter and drier, meaning much of the shrubs and trees in the state’s forest are more susceptible to sparks and other fire starters.
Vince Tofanelli, who fled his winery in Napa Valley last week due to the Glass Fire, said he has noticed an uptick in heat waves and drier weather. He said his vines have adjusted but the surrounding forests have not.
“I’ve farmed this vineyard for the last 50 years and I can tell you it’s climate change,” Tofanelli said.
However, fire officials also acknowledge more active forest management needs to occur to stave off the annual onslaught of fires in the state’s forests, which cripples mountain communities and kills Californians.
Daniel Ramey, a public information officer on the Creek Fire burning in Fresno and Madera counties, said there were several communities near Shaver Lake that were saved due to defensible space work performed in the past several years.
“It makes a difference,” he said.
While California has allocated significant funds for forest-thinning projects and clearing out underbrush, the federal government manages approximately 57% of the state’s forests.
The August Complex was listed at 54% containment Monday, a good indication firefighters are gaining the upper hand. The complex killed one firefighter, severely injured another and has burnt 149 strcutures.
Firefighters have also made progress on the Creek Fire, managing about 48% containment on Monday. That fire has burned about 320,000 acres and destroyed about 850 structures.
The Glass Fire burning in Napa and Solana counties is at 60,000 acres with about 30% containment, a significant improvement from last week. While California remains hot and dry many of the gusty winds that fueled fires in August and September have abated and the weather forecast calls for a chance of rain moving into Northern California on Friday and Saturday.
However, October is historically one of the worst months for wildfire in California, so fire officials are cautioning residents to remain vigilant.
Five of the six largest wildfires in state history started in the summer of 2020.


courthousenews--2020-10-06--Trump Covid Diagnosis Adding Headaches to Already Tumultuous Election

WASHINGTON ( CN ) — Lawmakers , public health and election experts came together Tuesday to offer caution and clarity for voters facing an unprecedented confluence of misinformation on everything from the novel coronavirus to mail-in ballots to the rules of engagement in the unlikely event one of the 2020 presidential candidates dies before Election Day .
The United States is in the midst of a pandemic that has seen the pace of infection swing up and down for over six months , kill over 200,000 and just last week , breach the Oval Office after President Donald Trump announced @ @ @ @ @ @ @ positive for Covid-19 .
Trump spent this past weekend hospitalized at Walter Reed National Military Medical Center , triggering questions over the severity of his condition , how he contracted the virus and what protocols might be in place should he become incapacitated or worse in the days and weeks ahead .
The president , discharged Monday , has since returned to the White House .
He was active online Tuesday offering reassurances of normality , stumping for the next presidential debate and announcing an end to Covid relief negotiations stalled in Congress @ @ @ @ @ @ @ initial brush with the virus isn ’ t shared by everyone , however .
Lawmakers on the House Subcommittee on Elections convened Tuesday to weigh how voters can contextualize the president ’ s rosy assertions on the virus as well his unsubstantiated and claims of fraud effecting mail in voting , a method most voters will rely on this year because of the pandemic .
“ With all of the noise that surrounds this election , it is crucial we encourage individuals to think through how they plan to vote and drive them @ @ @ @ @ @ @ Hovland , chairman of the U.S. Election Assistance Commission said before pointing to local and state election boards and public health officials as the most reliable primary resource for information on Election Day processes in their state .
“ Most Americans have the option to vote by mail , or absentee ballot , early in-person , or on Election Day , ” Hovland said .
“ We know from the Centers for Disease Control that limiting congestion in polling places will also help keep voting as safe as possible.
” Representative Jamie Raskin @ @ @ @ @ @ @ with the committee — no Republican lawmakers were present though all were invited — about Trump engaging in “ a lot of propagandistic information ” that may discourage and depress voter turnout ahead of the election .
It is unlikely the final tally will be known on Election Night , meaning the president could ramp up as-yet unfounded claims of fraud .
Raskin fears this could create a “ smokescreen ” for some legislatures to rely on as they echo Trump ’ s cries of fraud , potentially setting wheels in motion to @ @ @ @ @ @ @ electors that have been appointed by legislatures .
Such a maneuver would certainly draw legal fire and congressional scrutiny since the U.S. Constitution and many state constitutions have guardrails in place to avoid such scenarios .
But that scenario might not even be the most problematic possibility to consider .
By contracting the virus , Trump — at age 74 , technically obese and having some heart disease — has now increased his risk for health complications or even death ahead of Election Day .
The National Taskforce on Election Crises considered this @ @ @ @ @ @ @ answer the question millions of voters asked this weekend : What happens if a presidential candidate becomes incapacitated or dies before the election ?
Both the Democratic and Republican parties have rules in place to name a replacement nominee but state laws vary widely .
One constant , however , is that a vote for a presidential candidate is a vote for a slate of presidential electors .
“ We talk about it as one national election , but really it ’ s 51 separate elections for different slates of electors performed according @ @ @ @ @ @ @ Election Day , you would see a diversity among the states in terms of replacement or whether there ’ s a legal option for putting that candidates ’ name on the ballot or posting it in polling places to inform voters , ” said Michael Morley , assistant professor of law at the Florida State University College of Law .
From a practical perspective , millions of votes have already been cast across the United States , making it exceedingly difficult for jurisdictions to reprint new ballots or reprogram voting machines .
“ @ @ @ @ @ @ @ has to be changed on the ballots , it ’ s still the same slate of electors under that political party that would be counted .
Depending on the law in that jurisdiction , it might take a court order to clarify that issue because , for example , a state statute doesn ’ t contemplate deceased presidential candidates , ” Morley added .
But broader talk of trying to delay or hold a new popular vote in the event of a candidate ’ s death is also “ extremely impractical in general @ @ @ @ @ @ @ said .
If the parties don ’ t replace an incapacitated or deceased candidate on the ballot , the Constitution still binds them to appoint electors .
There are faithless elector laws in place in 33 states requiring electors to cast their electoral voters for the presidential candidates they are pledged to or risk having their vote invalidated altogether and become automatically resigned .
Other states have exceptions and some enforce different penalties while still allowing votes to be counted .
Some states have no enforcement mechanisms at all .
And if a @ @ @ @ @ @ @ of Electoral College votes , then the vacancy would still exist in the presidency of the first term , triggering the 20th Amendment which would mandate the vice president-elect be sworn in as president instead .
“ Every day is a brand new venture in this horrible , horrible situation , ” Michael Osterholm , director for the Center for Infectious Disease Research and Policy at the University of Minnesota said during Tuesday ’ s task force teleconference .
“ There are still going to be challenges ahead for both campaigns with transmission @ @ @ @ @ @ @ t be surprised if there were more October surprises .
You have to expect right now that this could be a challenge .
Everything that can be done now in terms of voting should be considered and when we do get to the election , we ’ re going to need to get creative to ensure people don ’ t become infected at those polling areas.
” For those concerned about showing up in person on Nov. 3 , the longtime epidemiologist encouraged wearing a mask — one of the simplest ways to @ @ @ @

Lawmakers, public health and election experts came together Tuesday to offer caution and clarity for voters facing an unprecedented confluence of misinformation on everything from the novel coronavirus to mail-in ballots to the rules of engagement in the unlikely event one of the 2020 presidential candidates dies before Election Day.
WASHINGTON (CN) — Lawmakers, public health and election experts came together Tuesday to offer caution and clarity for voters facing an unprecedented confluence of misinformation on everything from the novel coronavirus to mail-in ballots to the rules of engagement in the unlikely event one of the 2020 presidential candidates dies before Election Day.
The United States is in the midst of a pandemic that has seen the pace of infection swing up and down for over six months, kill over 200,000 and just last week, breach the Oval Office after President Donald Trump announced he and First Lady Melania Trump tested positive for Covid-19.
Trump spent this past weekend hospitalized at Walter Reed National Military Medical Center, triggering questions over the severity of his condition, how he contracted the virus and what protocols might be in place should he become incapacitated or worse in the days and weeks ahead.
The president, discharged Monday, has since returned to the White House. He was active online Tuesday offering reassurances of normality, stumping for the next presidential debate and announcing an end to Covid relief negotiations stalled in Congress for months.
His confidence after this initial brush with the virus isn’t shared by everyone, however.
Lawmakers on the House Subcommittee on Elections convened Tuesday to weigh how voters can contextualize the president’s rosy assertions on the virus as well his unsubstantiated claims of fraud affecting mail in voting, a method most voters will rely on this year because of the pandemic.
“With all of the noise that surrounds this election, it is crucial we encourage individuals to think through how they plan to vote and drive them to trusted source information,” Benjamin Hovland, chairman of the U.S. Election Assistance Commission said before pointing to local and state election boards and public health officials as the most reliable primary resource for information on Election Day processes in their state.
“Most Americans have the option to vote by mail, or absentee ballot, early in-person, or on Election Day,” Hovland said. “We know from the Centers for Disease Control that limiting congestion in polling places will also help keep voting as safe as possible.”
Representative Jamie Raskin, a Maryland Democrat, shared concerns with the committee — no Republican lawmakers were present though all were invited — about Trump engaging in “a lot of propagandistic information” that may discourage and depress voter turnout ahead of the election.
“It demoralizes voters,” Raskin said.
It is unlikely the final tally will be known on Election Night, meaning the president could ramp up as-yet unfounded claims of fraud. Raskin fears this could create a “smokescreen” for some legislatures to rely on as they echo Trump’s cries of fraud, potentially setting wheels in motion to replace the popular vote with presidential state electors that have been appointed by legislatures.
Such a maneuver would certainly draw legal fire and congressional scrutiny since the U.S. Constitution and many state constitutions have guardrails in place to avoid such scenarios.
But that scenario might not even be the most problematic possibility to consider.
By contracting the virus, Trump — at age 74, technically obese and having some heart disease — has now increased his risk for health complications or even death ahead of Election Day.
The National Taskforce on Election Crises considered this in a teleconference Tuesday and tried to answer the question millions of voters asked this weekend: What happens if a presidential candidate becomes incapacitated or dies before the election?
Both the Democratic and Republican parties have rules in place to name a replacement nominee but state laws vary widely.
One constant, however, is that a vote for a presidential candidate is a vote for a slate of presidential electors.
“We talk about it as one national election, but really it’s 51 separate elections for different slates of electors performed according to different rules. So prior to Election Day, you would see a diversity among the states in terms of replacement or whether there’s a legal option for putting that candidates’ name on the ballot or posting it in polling places to inform voters,” said Michael Morley, assistant professor of law at the Florida State University College of Law.
From a practical perspective, millions of votes have already been cast across the United States, making it exceedingly difficult for jurisdictions to reprint new ballots or reprogram voting machines.
“Even if a candidate’s name has to be changed on the ballots, it’s still the same slate of electors under that political party that would be counted. Depending on the law in that jurisdiction, it might take a court order to clarify that issue because, for example, a state statute doesn’t contemplate deceased presidential candidates,” Morley added.
But broader talk of trying to delay or hold a new popular vote in the event of a candidate’s death is also “extremely impractical in general” and “unnecessary,” Morley said.
If the parties don’t replace an incapacitated or deceased candidate on the ballot, the Constitution still binds them to appoint electors. There are faithless elector laws in place in 33 states requiring electors to cast their electoral voters for the presidential candidates they are pledged to or risk having their vote invalidated altogether and become automatically resigned. Other states have exceptions and some enforce different penalties while still allowing votes to be counted. Some states have no enforcement mechanisms at all.
And if a dead presidential candidate still received a majority of Electoral College votes, then the vacancy would still exist in the presidency of the first term, triggering the 20th Amendment which would mandate the vice president-elect be sworn in as president instead.
“Every day is a brand new venture in this horrible, horrible situation,” Michael Osterholm,director for the Center for Infectious Disease Research and Policy at the University of Minnesota said during Tuesday’s task force teleconference. “There are still going to be challenges ahead for both campaigns with transmission being what is. I wouldn’t be surprised if there were more October surprises. You have to expect right now that this could be a challenge. Everything that can be done now in terms of voting should be considered and when we do get to the election, we’re going to need to get creative to ensure people don’t become infected at those polling areas.”
For those concerned about showing up in person on Nov. 3, the longtime epidemiologist encouraged wearing a mask — one of the simplest ways to drastically reduce transmission.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including Hungary lost another round in its wide-ranging rule-of-law fight with European Union leaders ; President Donald Trump killed the possibility of another Covid-19 relief measure before the election ; Democratic presidential candidate Joe Biden is widening his lead among likely voters , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday .
1 . )
Announcing that he will no longer negotiate a deal with @ @ @ @ @ @ @ Tuesday killed the possibility of another Covid-19 relief measure .
2 . )
Several justices with the U.S. Supreme Court hinted Tuesday that a law protecting religious freedoms includes a subtext that would allow individuals to sue government agents for money damages .
3 . )
After a week that featured a highly contentious presidential debate and a stay in the hospital following a positive Covid-19 diagnosis for President Donald Trump , new polling shows Democratic candidate Joe Biden is widening his lead over the president among likely voters .
4 . )
@ @ @ @ @ @ @ President Trump a “ danger to the Constitution ” is launching a $ 1 million ad campaign in Texas , hoping to cash in on recent polls showing a relatively tight race between Trump and Democratic challenger Joe Biden in the Lone Star State .
5 . )
A lawyer for Arkansas faced stiff questioning from the Supreme Court on Tuesday as to how the state can regulate drug prices where federal law already applies .
6 . )
Hungary on Tuesday lost another round in its wide-ranging rule-of-law fight with European Union @ @ @ @ @ @ @ said a Soros-funded university was illegally forced to move most of its classes to Vienna from Budapest .
7 . )
European spy agencies can only keep bulk personal data in the event of a serious emergency , the EU ’ s high court ruled Tuesday .
8 . )
European Union institutions and member states spent Tuesday arguing before the bloc ’ s high court over the legality of a treaty aimed at combating violence against women .

Top eight CNS stories for today including Hungary lost another round in its wide-ranging rule-of-law fight with European Union leaders; President Donald Trump killed the possibility of another Covid-19 relief measure before the election; Democratic presidential candidate Joe Biden is widening his lead among likely voters, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Hungary lost another round in its wide-ranging rule-of-law fight with European Union leaders; President Donald Trump killed the possibility of another Covid-19 relief measure before the election; Democratic presidential candidate Joe Biden is widening his lead among likely voters, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Announcing that he will no longer negotiate a deal with House Democrats, President Donald Trump on Tuesday killed the possibility of another Covid-19 relief measure.
The U.S. Capitol building in Washington. (Courthouse News photo/Jack Rodgers)
2.) Several justices with the U.S. Supreme Court hinted Tuesday that a law protecting religious freedoms includes a subtext that would allow individuals to sue government agents for money damages.
In this Sept. 11, 2001, file photo, smoke rises from the burning twin towers of the World Trade Center after hijacked planes crashed into the towers, in New York City. (AP Photo/Richard Drew, File)
3.) After a week that featured a highly contentious presidential debate and a stay in the hospital following a positive Covid-19 diagnosis for President Donald Trump, new polling shows Democratic candidate Joe Biden is widening his lead over the president among likely voters.
Democratic presidential candidate and former Vice President Joe Biden speaks at the Constitution Center in Philadelphia, Sunday, Sept. 20, 2020, about the Supreme Court. (AP Photo/Carolyn Kaster)
Regional
4.) A Republican-backed political group that has called President Trump a “danger to the Constitution” is launching a $1 million ad campaign in Texas, hoping to cash in on recent polls showing a relatively tight race between Trump and Democratic challenger Joe Biden in the Lone Star State.
Standing at the fence, supporters of President Donald Trump display flags and signs as they wait for Air Force One to land Wednesday afternoon July 29, 2020 at Midland International Air and Space Port in Midland Texas. (AP Photo/Ben Powell)
5.) A lawyer for Arkansas faced stiff questioning from the Supreme Court on Tuesday as to how the state can regulate drug prices where federal law already applies.
A customer waits for his medication behind a sheet of plastic installed to help curb the spread of the coronavirus at a CVS pharmacy store in Morton Grove, Ill., Tuesday, April 7, 2020. Customer and pharmacist being separated by crates and plastic sheets during the Covid-19 pandemic. (AP Photo/Nam Y. Huh)
International
6.) Hungary on Tuesday lost another round in its wide-ranging rule-of-law fight with European Union leaders after Europe’s highest court said a Soros-funded university was illegally forced to move most of its classes to Vienna from Budapest.
FILE - In this May 29, 2018, file photo, philanthropist George Soros, founder and chairman of the Open Society Foundations, attends the European Council On Foreign Relations Annual Meeting in Paris. The FBI and local police responded to an address near Soros' home after an object that appeared to be an explosive was found in a mailbox. The Bedford Police Department said it responded to the address in the hamlet of Katonah, N.Y., Monday, Oct. 22, 2018, after an employee of the residence opened the package. (AP Photo/Francois Mori, File)
7.) European spy agencies can only keep bulk personal data in the event of a serious emergency, the EU’s high court ruled Tuesday.
Women read a book and check their smartphones in a subway train as signs reading ' please do not seat here, respect social distances ' are written on seats in Milan, Italy, Monday, April 27, 2020. Italian factories, construction sites and wholesale supply businesses can resume activity as soon as they put safety measures into place aimed at containing contagion with COVID-19. This concession comes with partial easing of national lockdown restrictions announced Sunday night by Italian Premier Giuseppe Conte. (Claudio Furlan/LaPresse via AP)
8.) European Union institutions and member states spent Tuesday arguing before the bloc’s high court over the legality of a treaty aimed at combating violence against women.


courthousenews--2020-10-06--Toothless Dinosaur’s Lost Finger Points to Spread of Parrot-Like Species

( CN ) — Birds are thought to be the modern-day remnants of dinosaurs , and a recently discovered toothless , two-fingered specimen is illuminating how a group of animals resembling parrots evolved during the late Cretaceous epoch .
Dubbed Oksoko avarsan , this recently discovered dino has one less finger than its nearest relatives , and a complete lack of teeth .
The feathered and winged creatures had a large beak resembling that of a parrot but grew to a whopping six feet long — very much unlike a parrot .
They were obligate omnivores and are thought to @ @ @ @ @ @ @ were recently discovered in Mongolia ’ s Gobi Desert by a team from the University of Edinburgh .
The fossils discovered by the team were incredibly well preserved and demonstrate the first known evidence of digit loss in the typically three-fingered oviraptor family of dinosaurs .
Researchers describe their find in a study published Tuesday in the journal Royal Society Open Science .
Oviraptors are a group of smaller dinosaurs that evolved from theropods , the ancestors of modern-day birds , which represent over 10,500 currently living species .
Oviraptor is Latin for @ @ @ @ @ @ @ nod to the animal ’ s dietary preference — though some paleontologists now believe that may be misleading as the creature in question was likely brooding over its own nest .
The researchers believe Oksoko avarsan modified its diet and behavior which enabled them to diversify and thrive in times of ecological uncertainty , leading to the loss of a no-longer-necessary third digit .
That finger didn ’ t just disappear overnight , however .
It slowly shrank over time as the animals migrated to new locations , specifically the Gobi Desert and @ @ @ @ @ @ @ as to what other adaptations may have occurred in similar creatures .
They are thought to have been socially active juveniles , a common trait among many animals from the Cretaceous , as the team discovered four young specimens well-preserved together in a group .
“ Oksoko avarsan is interesting because the skeletons are very complete and the way they were preserved resting together shows that juveniles roamed together in groups , ” said Gregory Funston , a postdoctoral researcher at the University of Edinburgh and lead author of the study , in @ @ @ @ @ @ @ , its two-fingered hand prompted us to look at the way the hand and forelimb changed throughout the evolution of oviraptors — which hadn ’ t been studied before , ” he added .
“ This revealed some unexpected trends that are a key piece in the puzzle of why oviraptors were so diverse before the extinction that killed the dinosaurs.
” The study authors did not respond to requests for comment by press time .

Birds are thought to be the modern-day remnants of dinosaurs, and a recently discovered toothless, two-fingered specimen is illuminating how a group of animals resembling parrots evolved during the late Cretaceous epoch.
(CN) — Birds are thought to be the modern-day remnants of dinosaurs, and a recently discovered toothless, two-fingered specimen is illuminating how a group of animals resembling parrots evolved during the late Cretaceous epoch.
Dubbed Oksoko avarsan, this recently discovered dino has one less finger than its nearest relatives, and a complete lack of teeth. The feathered and winged creatures had a large beak resembling that of a parrot but grew to a whopping six feet long — very much unlike a parrot. They were obligate omnivores and are thought to have been opportunistic hunters.
The skeletons were recently discovered in Mongolia’s Gobi Desert by a team from the University of Edinburgh. The fossils discovered by the team were incredibly well preserved and demonstrate the first known evidence of digit loss in the typically three-fingered oviraptor family of dinosaurs. Researchers describe their find in a study published Tuesday in the journal Royal Society Open Science.
Oviraptors are a group of smaller dinosaurs that evolved from theropods, the ancestors of modern-day birds, which represent over 10,500 currently living species. Oviraptor is Latin for “egg seizer” in a gentle nod to the animal’s dietary preference — though some paleontologists now believe that may be misleading as the creature in question was likely brooding over its own nest.
The researchers believe Oksoko avarsan modified its diet and behavior which enabled them to diversify and thrive in times of ecological uncertainty, leading to the loss of a no-longer-necessary third digit. That finger didn’t just disappear overnight, however. It slowly shrank over time as the animals migrated to new locations, specifically the Gobi Desert and North America, which intrigued the team as to what other adaptations may have occurred in similar creatures.
They are thought to have been socially active juveniles, a common trait among many animals from the Cretaceous, as the team discovered four young specimens well-preserved together in a group.
"Oksoko avarsan is interesting because the skeletons are very complete and the way they were preserved resting together shows that juveniles roamed together in groups,” said Gregory Funston, a postdoctoral researcher at the University of Edinburgh and lead author of the study, in a statement.
“But more importantly, its two-fingered hand prompted us to look at the way the hand and forelimb changed throughout the evolution of oviraptors — which hadn't been studied before,” he added. “This revealed some unexpected trends that are a key piece in the puzzle of why oviraptors were so diverse before the extinction that killed the dinosaurs."
The study authors did not respond to requests for comment by press time.


courthousenews--2020-10-06--Louisiana Residents Brace for Category 4 Hurricane Delta

NEW ORLEANS ( CN ) — Hurricane Delta rapidly upgraded to a Category 4 storm Tuesday with 145 mph winds ahead of an anticipated landfall overnight near the northeastern tip of Mexico ’ s Yucatan Peninsula , before it is expected to take aim at the U.S. Gulf Coast .
“ We ’ re being given a rare gift here ” of forewarning to prepare for Delta , Louisiana Governor John Bel Edwards said during a press conference Tuesday afternoon .
Although Delta ’ s “ cone of uncertainty , ” as some hurricane trackers call a storm ’ s @ @ @ @ @ @ @ west toward Texas on Tuesday afternoon , weather experts as well as public officials urged Louisiana residents to assume the storm is deadly and headed their way .
Declaring a state of emergency for Louisiana , Edwards said it is too early to know exactly where the hurricane will go but it is certain at least some portion of the Bayou State will be affected .
“ Since yesterday – and this should be lost on no one – Hurricane Delta has significantly intensified , ” the governor said .
Edwards said Delta @ @ @ @ @ @ @ reaches the northern Gulf Coast as early as Friday morning .
“ The National Weather Services is very confident right now , three and a half days before landfall , that a hurricane is going to strike Louisiana this week , ” he said .
He urged Louisiana residents to prepare accordingly for “ all of the damaging winds , the damaging surge , and the damaging rain.
” Benjamin Shaw , meteorologist in charge of the National Weather Service office in New Orleans , also spoke during the governor ’ s press @ @ @ @ @ @ @ the hurricane cone to prepare for life-threatening impacts .
Shaw reiterated that Delta is an intense hurricane .
“ I don ’ t think we need to sow much worry about what category it is , ” Shaw said .
“ It is going to be a major storm.
” Delta is currently about 225 miles east-southeast of Cozumel , Mexico , and moving at about 17 mph to the west-northwest .
Edwards said he intends to ask President Donald Trump by Wednesday to commit to sending hurricane aid to his state .
@ @ @ @ @ @ @ evacuees from Hurricane Laura are still sheltering in hotels , including 10 hotels in New Orleans , one in Baton Rouge and one in Lafayette .
Hurricane Laura made landfall along the Texas-Louisiana border on Aug. 27 as a Category 4 storm , flattening buildings , flooding roads with storm surge and uprooting trees .
Edwards said no evacuation order is currently in place for Louisiana residents inside levee systems .
He said it is his hope to keep evacuees from Laura in their current locations , rather than have them move again @ @ @ @ @ @ @ to name Atlantic tropical storms this year now that the regular list of 21 names has run out .

Hurricane Delta rapidly upgraded to a Category 4 storm Tuesday with 145 mph winds ahead of an anticipated landfall overnight near the northeastern tip of Mexico’s Yucatan Peninsula, before it is expected to take aim at the U.S. Gulf Coast.
NEW ORLEANS (CN) — Hurricane Delta rapidly upgraded to a Category 4 storm Tuesday with 145 mph winds ahead of an anticipated landfall overnight near the northeastern tip of Mexico’s Yucatan Peninsula, before it is expected to take aim at the U.S. Gulf Coast.
“We’re being given a rare gift here” of forewarning to prepare for Delta, Louisiana Governor John Bel Edwards said during a press conference Tuesday afternoon.
Although Delta’s “cone of uncertainty,” as some hurricane trackers call a storm’s expected path, began to track slightly west toward Texas on Tuesday afternoon, weather experts as well as public officials urged Louisiana residents to assume the storm is deadly and headed their way.
Declaring a state of emergency for Louisiana, Edwards said it is too early to know exactly where the hurricane will go but it is certain at least some portion of the Bayou State will be affected.
This Monday, Oct. 5, 2020, satellite image released by NASA Worldview, Earth Observing System Data and Information System (EOSDIS) shows Tropical Storm Gamma, left, which soaked part of Mexico over the weekend and a strengthening Hurricane Delta, lower right, which is on a course to pass by the Cayman Islands early Tuesday. (NASA via AP)
“Since yesterday – and this should be lost on no one – Hurricane Delta has significantly intensified,” the governor said.
Edwards said Delta will remain a major hurricane when it reaches the northern Gulf Coast as early as Friday morning.
“The National Weather Services is very confident right now, three and a half days before landfall, that a hurricane is going to strike Louisiana this week,” he said.
He urged Louisiana residents to prepare accordingly for “all of the damaging winds, the damaging surge, and the damaging rain.”
Benjamin Shaw, meteorologist in charge of the National Weather Service office in New Orleans, also spoke during the governor’s press conference Tuesday and urged residents anywhere inside the hurricane cone to prepare for life-threatening impacts. Shaw reiterated that Delta is an intense hurricane.
“I don’t think we need to sow much worry about what category it is,” Shaw said. “It is going to be a major storm.”
Delta is currently about 225 miles east-southeast of Cozumel, Mexico, and moving at about 17 mph to the west-northwest.
Edwards said he intends to ask President Donald Trump by Wednesday to commit to sending hurricane aid to his state. The governor also said more than 6,700 evacuees from Hurricane Laura are still sheltering in hotels, including 10 hotels in New Orleans, one in Baton Rouge and one in Lafayette.
Hurricane Laura made landfall along the Texas-Louisiana border on Aug. 27 as a Category 4 storm, flattening buildings, flooding roads with storm surge and uprooting trees.
Edwards said no evacuation order is currently in place for Louisiana residents inside levee systems. He said it is his hope to keep evacuees from Laura in their current locations, rather than have them move again.
The Greek alphabet is being used to name Atlantic tropical storms this year now that the regular list of 21 names has run out.


courthousenews--2020-10-06--California Courts Covid Update

California Courts Covid Update

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courthousenews--2020-10-06--St. Louis Couple Charged Over Standoff With Protesters

ST. LOUIS ( CN ) — A couple who drew national headlines after waving guns at hundreds of civil rights protesters in front of their St. Louis home were indicted Tuesday afternoon by a city grand jury .
Mark McCloskey , 63 , and Patricia McCloskey , 61 , were each indicted for unlawful use of a weapon , a felony , and tampering with a weapon , a misdemeanor , the couple ’ s attorney Al Watkins confirmed .
The McCloskeys , both attorneys , claim they felt their lives were in danger on June 28 , as protesters @ @ @ @ @ @ @ Lyda Krewson ’ s house advanced onto their private street .
Cellphone video showed Mark McCloskey in front of the couple ’ s $ 1.15 million home with an AR-15 rifle and Patricia McCloskey with a semiautomatic handgun .
The couple claims they are justified through Missouri ’ s so-called castle doctrine , which allows the use of deadly force against intruders .
Conservatives have rallied behind the McCloskeys , who spoke at the Republican National Convention in August .
Missouri Governor Mike Parson , a Republican , has vowed to pardon the @ @ @ @ @ @ @ charges .
“ The state of Missouri did not want to proceed with a preliminary hearing , where a witness would actually have to take the stand , where there would be a judge and there would be a defense counsel and all the trappings of justice , and instead they decided to go behind closed doors with no judge and no witnesses and simply , you know , present to the grand jury , ” Watkins said in an interview .
“ And even then…you could tell the grand jury was struggling @ @ @ @ @ @ @ Watkins added that the tampering charge “ makes no sense given the fact that the only tampering that has gone on here has been at the hands of the prosecuting or the circuit attorney by reassembling the gun to make it dischargeable.
” A spokeswoman for St. Louis Circuit Attorney Kim Gardner did need immediately respond to a request for comment .
Earlier on Tuesday , a city judge continued the case until next week .
The indictment has made that hearing moot as the case will now be assigned to the circuit @ @ @ @ @ @ @ said he plans to begin his defense by getting Gardner disqualified .
“ Motions will be filed , including motions to disqualify the circuit attorney by virtue of statements made by certain individuals associated with that office , by virtue of the actions taken to tamper , dismantle and reassemble the weapon to make it a dischargeable weapon , as well as statements that have been made by members of the circuit attorney ’ s office about counsel for the defense , ” he said in the interview .
After a brief appearance @ @ @ @ @ @ @ granted the continuance , the McCloskeys addressed the media in front of the city courthouse .
“ Every single human being that was in front of my house was a criminal trespasser , ” Mark McCloskey said , according to the Associated Press .
“ They broke down our gate .
They trespassed on our property .
Not a single one of those people is now charged with anything .
We ’ re charged with felonies that could cost us four years of our lives and our law licenses.
” Gardner , a @ @ @ @ @ @ @ unlawful use of a weapon .
She said at the time the display of guns risked bloodshed at what she called an otherwise peaceful protest .
Nine people involved in the protest were charged with misdemeanor trespassing , but the city counselor ’ s office later dropped the charges .
That office handles lesser crimes and is not affiliated with the circuit attorney ’ s office , the AP reported .
Watkins said his clients had a right to defend their property .
“ My clients hold very strong beliefs , ” the @ @ @ @ @ @ @ legal counsel , they ’ re not brand new .
They ’ re not Skippy the punk .
They are , each of them , with over 30 years of practicing law under their belts .
They are not people with criminal records or criminal histories or histories of drug abuse or other law unlawful behavior.
” “ These are individuals whose actions are completely consistent with and contemplated by longstanding Missouri law – the castle doctrine , the right to stand and protect your wife , your husband , your children , @ @ @ @ @ @ @ deadly force , ” he added .
“ That is lawful .
That is longstanding law .
And it is law , which is greatly respected in the heartland of America , especially in Missouri .
Apparently , everywhere in Missouri , except in the city of St. Louis .
”

A couple who drew national headlines after waving guns at hundreds of civil rights protesters in front of their St. Louis home were indicted Tuesday afternoon by a city grand jury.
ST. LOUIS (CN) — A couple who drew national headlines after waving guns at hundreds of civil rights protesters in front of their St. Louis home were indicted Tuesday afternoon by a city grand jury.
Mark McCloskey, 63, and Patricia McCloskey, 61, were each indicted for unlawful use of a weapon, a felony, and tampering with a weapon, a misdemeanor, the couple’s attorney Al Watkins confirmed.
The McCloskeys, both attorneys, claim they felt their lives were in danger on June 28, as protesters who were on their way to Mayor Lyda Krewson’s house advanced onto their private street. Cellphone video showed Mark McCloskey in front of the couple’s $1.15 million home with an AR-15 rifle and Patricia McCloskey with a semiautomatic handgun.
The couple claims they are justified through Missouri’s so-called castle doctrine, which allows the use of deadly force against intruders.
Conservatives have rallied behind the McCloskeys, who spoke at the Republican National Convention in August. Missouri Governor Mike Parson, a Republican, has vowed to pardon the couple if they are convicted of any charges.
Watkins believes it won’t be needed.
“The state of Missouri did not want to proceed with a preliminary hearing, where a witness would actually have to take the stand, where there would be a judge and there would be a defense counsel and all the trappings of justice, and instead they decided to go behind closed doors with no judge and no witnesses and simply, you know, present to the grand jury,” Watkins said in an interview. “And even then…you could tell the grand jury was struggling with how the charges were brought.”
Watkins added that the tampering charge “makes no sense given the fact that the only tampering that has gone on here has been at the hands of the prosecuting or the circuit attorney by reassembling the gun to make it dischargeable.”
A spokeswoman for St. Louis Circuit Attorney Kim Gardner did need immediately respond to a request for comment.
Earlier on Tuesday, a city judge continued the case until next week. The indictment has made that hearing moot as the case will now be assigned to the circuit court and discovery will begin.
Watkins said he plans to begin his defense by getting Gardner disqualified.
“Motions will be filed, including motions to disqualify the circuit attorney by virtue of statements made by certain individuals associated with that office, by virtue of the actions taken to tamper, dismantle and reassemble the weapon to make it a dischargeable weapon, as well as statements that have been made by members of the circuit attorney's office about counsel for the defense,” he said in the interview.
After a brief appearance in court Tuesday morning after the judge granted the continuance, the McCloskeys addressed the media in front of the city courthouse.
“Every single human being that was in front of my house was a criminal trespasser,” Mark McCloskey said, according to the Associated Press. “They broke down our gate. They trespassed on our property. Not a single one of those people is now charged with anything. We’re charged with felonies that could cost us four years of our lives and our law licenses.”
Gardner, a Democrat, charged the couple with felony unlawful use of a weapon. She said at the time the display of guns risked bloodshed at what she called an otherwise peaceful protest.
Nine people involved in the protest were charged with misdemeanor trespassing, but the city counselor’s office later dropped the charges. That office handles lesser crimes and is not affiliated with the circuit attorney’s office, the AP reported.
Watkins said his clients had a right to defend their property.
“My clients hold very strong beliefs,” the attorney said. “They are learned legal counsel, they're not brand new. They're not Skippy the punk. They are, each of them, with over 30 years of practicing law under their belts. They are not people with criminal records or criminal histories or histories of drug abuse or other law unlawful behavior.”
“These are individuals whose actions are completely consistent with and contemplated by longstanding Missouri law – the castle doctrine, the right to stand and protect your wife, your husband, your children, your home, utilizing force, including deadly force,” he added. “That is lawful. That is longstanding law. And it is law, which is greatly respected in the heartland of America, especially in Missouri. Apparently, everywhere in Missouri, except in the city of St. Louis.”


courthousenews--2020-10-06--Invoking Lincoln, Biden Calls for National Unity in Gettysburg Speech

( CN ) — With Election Day four weeks away , Democratic presidential candidate Joe Biden delivered the most important speech of his political career at the Gettysburg Battlefield on Tuesday , invoking the spirit of Abraham Lincoln to call on Americans to abandon partisan rancor and infighting for a unified approach to the persistent problems of society .
Biden said that when Lincoln delivered the Gettysburg Address , freedom was born anew .
“ The promise of Gettysburg is once again at hand , and I think it ’ s at risk , ” he said from a stage @ @ @ @ @ @ @ We can either allow the sacrifices Americans made here to be in vain or to be fulfilled .
This is our moment to answer this essential American question for ourselves and for all time.
” The soaring rhetoric , not a frequent feature of Biden ’ s speeches , came as his opponent , President Donald Trump , languished in the White House after being diagnosed with coronavirus late last week .
Trump returned to the White House on Monday night after a weekend hospital stay and staged a photo opportunity by standing @ @ @ @ @ @ @ said was more reminiscent of European fascists and foreign dictators than American presidents .
Trump has attempted to cast himself as the thin line separating America and a full-blown descent into socialism .
But Biden — a moderate candidate — spoke of being a president for all Americans , not just Democrats .
“ I am running as a proud Democrat , but I will govern as an American , ” Biden said .
“ I will work as hard for those that do not support me as for those who do .
@ @ @ @ @ @ @ president.
” The message is in sharp contrast , once again , to his opponent , who has often wielded the bully pulpit in an attempt to punish Democrat-controlled states and recently defended his record on coronavirus by asking people to discount the deaths in so-called blue states .
Biden said he chose Gettsyburg because the division he sees in America is at such a sharp pitch that it recalls the bloody turmoil of the American Civil War , when the partisans of the country were at such feverish odds over the question @ @ @ @ @ @ @ new states that they went to war .
“ I think too many people see the public sphere as an occasion for unrelenting total partisan warfare , ” Biden said .
“ Instead of treating the other side as the opposition , we treat them as the enemy.
” He added , “ We need to revive the spirit of bipartisanship in this country.
” The former vice president also invoked the language of Lincoln , saying that the country needed to appeal to the better angels of its nature , rather than @ @ @ @ @ @ @ , some may point out that during last week ’ s debate Biden told Trump to “ shut up ” and called him a clown at one point , not exactly embodying the noble sentiments of Lincoln .
But Biden ’ s speech , while a genuine reckoning with the legacy of slavery , civil rights , inequality and other aspects of American society that we inherited from the time of Lincoln , Frederick Douglass and Harriet Tubman , is also a politically savvy appeal to moderates — some of whom may lean @ @ @ @ @ @ @ ’ s unrelenting bravado and bellicose approach to partisan politics .
While Biden did not mention Trump by name , he blasted the administration ’ s handling of the coronavirus pandemic .
“ Wearing a mask is not a political statement , ” he said .
“ It ’ s a scientific recommendation.
” Again , Biden sought to contrast his approach to Trump , who ostentatiously removed his mask before walking into the White House during Monday evening ’ s photo op .
Trump also tweeted about his bout with the disease @ @ @ @ @ @ @ Americans should not be afraid of the disease or let it dominate their lives .
After Biden ’ s speech , the Trump campaign attempted to cast the former vice president as a poor ambassador for racial comity in the United States , saying his past was littered with gaffes and noting the recent comment where Biden said black people who vote for Trump “ ain ’ t black.
” “ Trafficking in hatred and division to get votes is the only political tactic Joe Biden knows how to employ , ” the @ @ @ @ @ @ @ “ His own running mate , Kamala Harris , once agreed that no one should be taking lectures on racial justice from Joe Biden.
” As the Trump campaign spent Tuesday afternoon handling the fallout of Trump ’ s announcement earlier in the day that he was suspending stimulus talks with Democrats until after the election — a series of tweets that immediately sent the stock market tumbling — Biden said in a statement after his speech : “ Make no mistake : if you are out of work , if your business @ @ @ @ @ @ @ s school is shut down , if you are seeing layoffs in your community , Donald Trump decided today that none of that — none of it — matters to him .
”

With Election Day four weeks away, Democratic presidential candidate Joe Biden delivered the most important speech of his political career at the Gettysburg Battlefield on Tuesday, invoking the spirit of Abraham Lincoln to call on Americans to abandon partisan rancor and infighting for a unified approach to the persistent problems of society.
(CN) — With Election Day four weeks away, Democratic presidential candidate Joe Biden delivered the most important speech of his political career at the Gettysburg Battlefield on Tuesday, invoking the spirit of Abraham Lincoln to call on Americans to abandon partisan rancor and infighting for a unified approach to the persistent problems of society.
Biden said that when Lincoln delivered the Gettysburg Address, freedom was born anew.
“The promise of Gettysburg is once again at hand, and I think it’s at risk,” he said from a stage at the Lodges at Gettysburg. “We can either allow the sacrifices Americans made here to be in vain or to be fulfilled. This is our moment to answer this essential American question for ourselves and for all time.”
The soaring rhetoric, not a frequent feature of Biden’s speeches, came as his opponent, President Donald Trump, languished in the White House after being diagnosed with coronavirus late last week. Trump returned to the White House on Monday night after a weekend hospital stay and staged a photo opportunity by standing alone on a balcony that many pundits said was more reminiscent of European fascists and foreign dictators than American presidents.
Trump has attempted to cast himself as the thin line separating America and a full-blown descent into socialism. But Biden — a moderate candidate — spoke of being a president for all Americans, not just Democrats.
“I am running as a proud Democrat, but I will govern as an American,” Biden said. “I will work as hard for those that do not support me as for those who do. You have a duty of care as president.”
The message is in sharp contrast, once again, to his opponent, who has often wielded the bully pulpit in an attempt to punish Democrat-controlled states and recently defended his record on coronavirus by asking people to discount the deaths in so-called blue states.
Biden said he chose Gettsyburg because the division he sees in America is at such a sharp pitch that it recalls the bloody turmoil of the American Civil War, when the partisans of the country were at such feverish odds over the question of slavery and its expansion in the new states that they went to war.
“I think too many people see the public sphere as an occasion for unrelenting total partisan warfare,” Biden said. “Instead of treating the other side as the opposition, we treat them as the enemy.”
He added, “We need to revive the spirit of bipartisanship in this country.”
The former vice president also invoked the language of Lincoln, saying that the country needed to appeal to the better angels of its nature, rather than cave to its worst impulses.
However, some may point out that during last week’s debate Biden told Trump to “shut up” and called him a clown at one point, not exactly embodying the noble sentiments of Lincoln.
But Biden’s speech, while a genuine reckoning with the legacy of slavery, civil rights, inequality and other aspects of American society that we inherited from the time of Lincoln, Frederick Douglass and Harriet Tubman, is also a politically savvy appeal to moderates — some of whom may lean conservative but remain turned off by Trump’s unrelenting bravado and bellicose approach to partisan politics.
While Biden did not mention Trump by name, he blasted the administration’s handling of the coronavirus pandemic.
“Wearing a mask is not a political statement,” he said. “It's a scientific recommendation.”
Again, Biden sought to contrast his approach to Trump, who ostentatiously removed his mask before walking into the White House during Monday evening’s photo op.
Trump also tweeted about his bout with the disease, saying he felt younger and that Americans should not be afraid of the disease or let it dominate their lives.
After Biden’s speech, the Trump campaign attempted to cast the former vice president as a poor ambassador for racial comity in the United States, saying his past was littered with gaffes and noting the recent comment where Biden said black people who vote for Trump “ain’t black.”
“Trafficking in hatred and division to get votes is the only political tactic Joe Biden knows how to employ,” the Trump campaign said in a statement. “His own running mate, Kamala Harris, once agreed that no one should be taking lectures on racial justice from Joe Biden.”
As the Trump campaign spent Tuesday afternoon handling the fallout of Trump’s announcement earlier in the day that he was suspending stimulus talks with Democrats until after the election — a series of tweets that immediately sent the stock market tumbling — Biden said in a statement after his speech:
“Make no mistake: if you are out of work, if your business is closed, if your child’s school is shut down, if you are seeing layoffs in your community, Donald Trump decided today that none of that — none of it — matters to him."


courthousenews--2020-10-06--Wisconsin Governor Limits Public Gatherings Amid Covid Surge

MADISON , Wis. ( CN ) — Wisconsin ’ s Democratic governor issued a new emergency order Tuesday limiting capacity at public gatherings and a variety of businesses in response to a recent surge of coronavirus cases in the Badger State , a move that is virtually guaranteed to be challenged in court by Republicans .
Governor Tony Evers ’ latest emergency order , issued by the state health department at his direction , limits indoor public gatherings to no more than 25 % of a room or building ’ s total capacity starting at 8 a.m. Thursday and extending @ @ @ @ @ @ @ Covid-19 incubation periods .
The order applies to bars , restaurants , stores and other businesses that allow public entry , in addition to spaces with ticketed events .
It does not apply to office spaces , manufacturing plants , child care settings or health care facilities .
Private residences are also not included in the order ’ s limitations , unless “ a residence is considered open to the public during an event that allows entrance to any individual , ” at which point such gatherings are limited to 10 people , @ @ @ @ @ @ @ to a disconcerting spike in Wisconsin ’ s coronavirus cases in recent weeks as rationale in a press release accompanying the emergency mandate .
“ We ’ re in a crisis right now and need to immediately change our behavior to save lives , ” Evers said .
“ We are continuing to experience a surge in cases and many of our hospitals are overwhelmed , and I believe limiting indoor public gatherings will help slow the spread of this virus.
” Acting Department of Health Services chief Andrea Palm joined the governor @ @ @ @ @ @ @ the public sphere Tuesday , flatly stating “ the unfortunate reality is this : the disease activity level of Covid-19 in Wisconsin is so high that going to a gathering puts you at very high risk of exposure.
” “ We know gatherings are a key way this virus spreads , so we must act to limit indoor gatherings to stop the spread , reduce illness , and save lives , ” Palm said .
The coronavirus ’ recent uptick in the state has resulted in some troubling statistics .
On Tuesday , @ @ @ @ @ @ @ confirmed cases with 18 new deaths and said the seven-day average of new daily Covid-19 cases has nearly tripled from 836 a month ago to 2,346 now .
As of Sept. 30 , more than 60 % of Wisconsin ’ s 72 counties meet the threshold of a very high disease activity level , meaning there are more than 350 cases per 100,000 people in that county .
“ This means Wisconsinites should assume they will likely be exposed to the virus if they leave home and should practice all safety precautions , @ @ @ @ @ @ @ release .
Hospitals in the state ’ s Fox Valley around cities like Appleton and Green Bay reported nearing or exceeding the capacity of their Covid-19 wings over the past week , indicating Wisconsin ’ s coronavirus surge has been testing the limits of health care workers in some parts of the state .
Hours before Evers issued the emergency order Tuesday , the governor earmarked $ 100 million in funding for struggling small businesses , including the tourism and lodging industries , live music and performance venues and movie theaters .
A @ @ @ @ @ @ @ $ 47 million infusion to support child care , health care navigators , food security and energy and rental assistance .
The bulk of funds for both initiatives come from CARES Act funds and a special grant program launched by the Wisconsin Economic Development Corporation , a public-private jobs agency created in 2011 by former Republican Governor Scott Walker .
The Evers administration ’ s latest lockdown move is unlikely to stand unperturbed for long , as conservatives both in and out of the Republican-controlled Wisconsin Legislature have fought with the governor over @ @ @ @ @ @ @ every turn since Evers ’ first emergency lockdown order in mid-March .
There has been no statewide action to combat the coronavirus since the conservative-majority Wisconsin Supreme Court struck down an extension to Evers ’ original emergency declaration in May .
The high court concluded at that point that Evers and Palm could not unilaterally extend 60-day states of emergency without input and approval from lawmakers via statutory rulemaking procedures , which run through a joint committee controlled by Republicans .
About 150 days have passed since the statewide order was struck down @ @ @ @ @ @ @ legislature to work in concert with Evers to craft a statewide coronavirus response , but lawmakers have declined to take any action .
Leaders in Wisconsin have instead relied on the courts to resolve their intractable differences in philosophy regarding Covid-19 instead of working together on policy .
Parties from the liberal governor ’ s administration and the private conservative establishment argued about it in court as recently as Monday , in a lawsuit from three taxpayers represented by a conservative advocacy group with the backing of legislative Republicans .
The Wisconsin Institute @ @ @ @ @ @ @ , argued Monday that St. Croix County Circuit Court Judge Michael Waterman should nix a face covering mandate Evers enacted via emergency order in late July and extended in late September because it violates state law and was imposed without say-so from the legislature .
Waterman is expected to issue a ruling in that case any day .
Wisconsin Assembly Speaker Robin Vos , R-Rochester , and Senate Majority Leader Scott Fitzgerald , R- Juneau , could not immediately be reached by phone or email to comment on the governor ’ s emergency @ @ @ @ @ @ @ founder and chief counsel Rick Esenberg told Courthouse News in an email Tuesday afternoon that the group is reviewing the matter .

Wisconsin’s Democratic governor issued a new emergency order Tuesday limiting capacity at public gatherings and a variety of businesses in response to a recent surge of coronavirus cases in the Badger State, a move that is virtually guaranteed to be challenged in court by Republicans.
MADISON, Wis. (CN) — Wisconsin’s Democratic governor issued a new emergency order Tuesday limiting capacity at public gatherings and a variety of businesses in response to a recent surge of coronavirus cases in the Badger State, a move that is virtually guaranteed to be challenged in court by Republicans.
Governor Tony Evers’ latest emergency order, issued by the state health department at his direction, limits indoor public gatherings to no more than 25% of a room or building’s total capacity starting at 8 a.m. Thursday and extending until Nov. 6, or two full Covid-19 incubation periods.
The order applies to bars, restaurants, stores and other businesses that allow public entry, in addition to spaces with ticketed events. It does not apply to office spaces, manufacturing plants, child care settings or health care facilities.
Private residences are also not included in the order’s limitations, unless “a residence is considered open to the public during an event that allows entrance to any individual,” at which point such gatherings are limited to 10 people, according to the order.
Evers pointed to a disconcerting spike in Wisconsin’s coronavirus cases in recent weeks as rationale in a press release accompanying the emergency mandate.
“We’re in a crisis right now and need to immediately change our behavior to save lives,” Evers said. “We are continuing to experience a surge in cases and many of our hospitals are overwhelmed, and I believe limiting indoor public gatherings will help slow the spread of this virus.”
Acting Department of Health Services chief Andrea Palm joined the governor’s call for stricter limits on the public sphere Tuesday, flatly stating “the unfortunate reality is this: the disease activity level of Covid-19 in Wisconsin is so high that going to a gathering puts you at very high risk of exposure.”
“We know gatherings are a key way this virus spreads, so we must act to limit indoor gatherings to stop the spread, reduce illness, and save lives,” Palm said.
The coronavirus’ recent uptick in the state has resulted in some troubling statistics.
On Tuesday, the state health department reported 2,020 new confirmed cases with 18 new deaths and said the seven-day average of new daily Covid-19 cases has nearly tripled from 836 a month ago to 2,346 now. As of Sept. 30, more than 60% of Wisconsin’s 72 counties meet the threshold of a very high disease activity level, meaning there are more than 350 cases per 100,000 people in that county.
“This means Wisconsinites should assume they will likely be exposed to the virus if they leave home and should practice all safety precautions,” according to Tuesday’s press release.
Hospitals in the state’s Fox Valley around cities like Appleton and Green Bay reported nearing or exceeding the capacity of their Covid-19 wings over the past week, indicating Wisconsin’s coronavirus surge has been testing the limits of health care workers in some parts of the state.
Hours before Evers issued the emergency order Tuesday, the governor earmarked $100 million in funding for struggling small businesses, including the tourism and lodging industries, live music and performance venues and movie theaters. A day earlier, the governor announced a $47 million infusion to support child care, health care navigators, food security and energy and rental assistance.
The bulk of funds for both initiatives come from CARES Act funds and a special grant program launched by the Wisconsin Economic Development Corporation, a public-private jobs agency created in 2011 by former Republican Governor Scott Walker.
The Evers administration’s latest lockdown move is unlikely to stand unperturbed for long, as conservatives both in and out of the Republican-controlled Wisconsin Legislature have fought with the governor over the state’s Covid-19 response at every turn since Evers’ first emergency lockdown order in mid-March.
There has been no statewide action to combat the coronavirus since the conservative-majority Wisconsin Supreme Court struck down an extension to Evers’ original emergency declaration in May. The high court concluded at that point that Evers and Palm could not unilaterally extend 60-day states of emergency without input and approval from lawmakers via statutory rulemaking procedures, which run through a joint committee controlled by Republicans.
About 150 days have passed since the statewide order was struck down and the onus was put on the legislature to work in concert with Evers to craft a statewide coronavirus response, but lawmakers have declined to take any action.
Leaders in Wisconsin have instead relied on the courts to resolve their intractable differences in philosophy regarding Covid-19 instead of working together on policy.
Parties from the liberal governor’s administration and the private conservative establishment argued about it in court as recently as Monday, in a lawsuit from three taxpayers represented by a conservative advocacy group with the backing of legislative Republicans.
The Wisconsin Institute for Law & Liberty, or WILL, argued Monday that St. Croix County Circuit Court Judge Michael Waterman should nix a face covering mandate Evers enacted via emergency order in late July and extended in late September because it violates state law and was imposed without say-so from the legislature. Waterman is expected to issue a ruling in that case any day.
Wisconsin Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader Scott Fitzgerald, R- Juneau, could not immediately be reached by phone or email to comment on the governor’s emergency order Tuesday afternoon.
WILL’s founder and chief counsel Rick Esenberg told Courthouse News in an email Tuesday afternoon that the group is reviewing the matter.