courthousenews--2020-09-04--Fortnite Maker Can’t Dodge Class Action Over Claims It Lures Kids Into Making In-Game Purchases

OAKLAND , Calif. ( CN ) — A federal judge resuscitated a class action alleging Fortnite developer Epic Games lures kids into making impulsive in-app buys that they later regret but can not retract .
A California boy learned this hard lesson after opening a Fortnite account in 2018 .
The minor , identified as C.W.
, used Fortnite ’ s virtual currency “ V-bucks ” to buy some nonrefundable items he claims he didn ’ t know at the time were nonrefundable , like a “ Battle Pass ” that allows players access to new weapons , character skins @ @ @ @ @ @ @ .
His mother Rebecca White filed a class action against Epic Games in 2019 on his behalf , saying the company , which made $ 2.4 billion in profit in 2018 , violates California law by exploiting children ’ s ignorance about the relationship of in-game currency to actual money .
C.W.
’ s original lawsuit says he used gift cards to purchase the items , but the amended complaint adds that he also used his mother ’ s credit card .
Though she tossed much of the case in January , U.S. @ @ @ @ @ @ @ one claim that under California law , C.W .
has a right as a minor to deny responsibility for a contract .
In her latest order , Gonzalez Rogers said she found no reason to reconsider .
C.W .
argued in his amended complaint that Epic Games hides its non-refundability policy by displaying it in very small font .
For Gonzalez Rogers , that was enough to advance a claim for negligent misrepresentation , as C.W .
says he was misled by the confusing way the policy was presented .
“ In sum @ @ @ @ @ @ @ notice was given , which was contradicted by one of the screenshots in in the initial complaint , plaintiffs now allege in greater detail that the manner in which defendant made or failed to make representations about refundability was confusing , inconspicuous , inadequate , and designed to induce frequent in-App purchases , which it did by virtue of C.W.
’ s age , the nature of the Fortnite ecosystem , and the lack of parental controls , ” she wrote .
“ Taking plaintiffs ’ allegations as true , they suffice to @ @ @ @ @ @ @ misrepresentations or omissions on which C.W .
justifiably relied to his own detriment.
” Gonzalez Rogers also found these allegations sufficient to show unfair and fraudulent conduct , writing , “ Here , given the court ’ s holding on the negligent misrepresentation claim , and in particular , plaintiffs ’ amended allegations regarding the manner in which defendant allegedly lures minors to spend large amounts of money on in-App purchases without parental consent , the court finds plaintiffs state a plausible claim that defendant ’ s conduct is immoral , unethical , @ @ @ @ @ @ @ to consumers.
” As in her prior order , Gonzalez Rogers dismissed , this time with prejudice , C.W.
’ s claims for unjust enrichment and violation of the California ’ s Consumer Legal Remedies Act , finding Epic Games not legally required to disclose the terms of its refunds .
“ Indeed , the FAC alleges that defendant allows for free downloads of Fortnite , and thus , even if it tries to lure minors into spending large sums within the game , at least some Fortnite players are not concerned with @ @ @ @ @ @ @ she wrote .
Attorneys for both parties did not immediately respond to emails seeking comment late Thursday .

A federal judge resuscitated a class action alleging Fortnite developer Epic Games lures kids into making impulsive in-app buys that they later regret but cannot retract.
OAKLAND, Calif. (CN) — A federal judge resuscitated a class action alleging Fortnite developer Epic Games lures kids into making impulsive in-app buys that they later regret but cannot retract.
A California boy learned this hard lesson after opening a Fortnite account in 2018. The minor, identified as C.W., used Fortnite’s virtual currency “V-bucks” to buy some nonrefundable items he claims he didn’t know at the time were nonrefundable, like a “Battle Pass” that allows players access to new weapons, character skins and in-game dances and taunts called emotes.
His mother Rebecca White filed a class action against Epic Games in 2019 on his behalf, saying the company, which made $2.4 billion in profit in 2018, violates California law by exploiting children’s ignorance about the relationship of in-game currency to actual money.
C.W.’s original lawsuit says he used gift cards to purchase the items, but the amended complaint adds that he also used his mother’s credit card.
Though she tossed much of the case in January, U.S. District Judge Yvonne Gonzalez Rogers kept alive one claim that under California law, C.W. has a right as a minor to deny responsibility for a contract. In her latest order, Gonzalez Rogers said she found no reason to reconsider.
C.W. argued in his amended complaint that Epic Games hides its non-refundability policy by displaying it in very small font. For Gonzalez Rogers, that was enough to advance a claim for negligent misrepresentation, as C.W. says he was misled by the confusing way the policy was presented.
"In sum, instead of simply stating that no notice was given, which was contradicted by one of the screenshots in in the initial complaint, plaintiffs now allege in greater detail that the manner in which defendant made or failed to make representations about refundability was confusing, inconspicuous, inadequate, and designed to induce frequent in-App purchases, which it did by virtue of C.W.’s age, the nature of the Fortnite ecosystem, and the lack of parental controls,” she wrote.
“Taking plaintiffs’ allegations as true, they suffice to state a claim that defendant made material misrepresentations or omissions on which C.W. justifiably relied to his own detriment.”
Gonzalez Rogers also found these allegations sufficient to show unfair and fraudulent conduct, writing, “Here, given the court’s holding on the negligent misrepresentation claim, and in particular, plaintiffs’ amended allegations regarding the manner in which defendant allegedly lures minors to spend large amounts of money on in-App purchases without parental consent, the court finds plaintiffs state a plausible claim that defendant’s conduct is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”
As in her prior order, Gonzalez Rogers dismissed, this time with prejudice, C.W.’s claims for unjust enrichment and violation of the California’s Consumer Legal Remedies Act, finding Epic Games not legally required to disclose the terms of its refunds.
“Indeed, the FAC alleges that defendant allows for free downloads of Fortnite, and thus, even if it tries to lure minors into spending large sums within the game, at least some Fortnite players are not concerned with the refundability terms at all,” she wrote.
Attorneys for both parties did not immediately respond to emails seeking comment late Thursday.


Flight Compensation

LUXEMBOURG CITY — Air passengers whose flights have been canceled or severely delayed are permitted to demand compensation , as @ @ @ @ @ ’ s air passenger rights regulation , “ in the national currency of their place @ @ @ @ @ European Court of Justice ruled .

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.


Richard Neutra House

SAN FRANCISCO — A San Francisco homeowner may pursue his equal protection and state law claims against the city and @ @ @ @ @ commission ’ s decision that he build a replica of a 1935 home built by @ @ @ @ @ federal court in California ruled .


Catch Limit

SAN JOSE , Calif. — A federal court in California vacated a National Marine Fisheries Service rule that set static @ @ @ @ @ indefinite period of time because evidence does not demonstrate those limits would prevent overfishing .


Students’ Defamation Suit

CINCINNATI — The Seventh Circuit upheld the dismissal of a defamation suit brought against Senator Elizabeth Warren and Representative Debra @ @ @ @ @ Covington Catholic High School who were involved in an encounter with a Native American man @ @ @ @ @ The students ’ claims were barred by sovereign immunity .


Gatherings in Illinois

CHICAGO — The Seventh Circuit upheld Illinois Governor J.B. Pritzker ’ s coronavirus-related ban on most gatherings of more than @ @ @ @ @ governor is entitled to “ carve out some room for religion ” while declining to @ @ @ @ @ because the “ free exercise of religion enjoys express constitutional protection .
”


courthousenews--2020-09-05--Governor Newsom Signs Bill Exempting Freelance Journalists and Others From 2019 Labor Law

( CN ) — California Governor Gavin Newsom signed a bill into law Friday that exempts freelance journalists and a handful of other professions from a 2019 landmark labor law meant to protect gig workers .
While the original law was meant to benefit workers , freelance reporters , photographers and editors said the law created unreasonable limits on the amount of journalism work they could provide .
The law included a provision barring freelancers from submitting more than 35 “ submissions ” to a single employer .
The 2019 bill AB 5 went into effect this year , targeting @ @ @ @ @ @ @ Uber and Doordash .
Those companies have repeatedly fought against it , threatening to shut down service in the state if the law is allowed to stand .
AB 5 essentially classifies drivers for the companies as employees rather than independent contractors , requiring the businesses to provide health insurance , mandatory minimum wages and other benefits afforded to employees .
The American Society of Journalists and Authors and National Press Photographers Association sued the state last December , the submission cap threatened their careers .
That effort was blocked by a Los @ @ @ @ @ @ @ Gonzalez , D-San Diego , who wrote the bulk of the 2019 law , said on Twitter Friday that the new exemptions provide “ more flexibility for musicians , journalists , photographers , creatives , interpreters & translators.
” While the new bill lifts the submission cap , it still holds in place a restriction from allowing contractors to replace an employee position .
Voters will decide this November on a ballot initiative backed by the companies whether to consider app-based drivers employees or independent contractors .
In addition to the exemptions for @ @ @ @ @ @ @ also exempts producers , certain musicians , real estate appraisers and youth sports coaches .
Another bill passed by the Assembly on Monday , called the Save Local Journalism Act , would provide relief to newspapers , particularly small ethnic organizations that have suffered from loss of advertising revenue due to the pandemic .
A report by the California News Publisher Association found that ethnic and community newspapers lost an average 56 % in monthly advertising revenue between April and June .

California Governor Gavin Newsom signed a bill into law Friday that exempts freelance journalists and a handful of other professions from a 2019 landmark labor law meant to protect gig workers.
(CN) — California Governor Gavin Newsom signed a bill into law Friday that exempts freelance journalists and a handful of other professions from a 2019 landmark labor law meant to protect gig workers.
While the original law was meant to benefit workers, freelance reporters, photographers and editors said the law created unreasonable limits on the amount of journalism work they could provide. The law included a provision barring freelancers from submitting more than 35 “submissions” to a single employer.
The 2019 bill AB 5 went into effect this year, targeting gig economy giants such as Lyft, Uber and Doordash. Those companies have repeatedly fought against it, threatening to shut down service in the state if the law is allowed to stand.
AB 5 essentially classifies drivers for the companies as employees rather than independent contractors, requiring the businesses to provide health insurance, mandatory minimum wages and other benefits afforded to employees.
The American Society of Journalists and Authors and National Press Photographers Association sued the state last December, the submission cap threatened their careers. That effort was blocked by a Los Angeles judge in January.
Assemblywoman Lorena Gonzalez, D-San Diego, who wrote the bulk of the 2019 law, said on Twitter Friday that the new exemptions provide "more flexibility for musicians, journalists, photographers, creatives, interpreters & translators."
While the new bill lifts the submission cap, it still holds in place a restriction from allowing contractors to replace an employee position.
Voters will decide this November on a ballot initiative backed by the companies whether to consider app-based drivers employees or independent contractors.
In addition to the exemptions for freelance journalists, Friday's bill also exempts producers, certain musicians, real estate appraisers and youth sports coaches.
Another bill passed by the Assembly on Monday, called the Save Local Journalism Act, would provide relief to newspapers, particularly small ethnic organizations that have suffered from loss of advertising revenue due to the pandemic.
A report by the California News Publisher Association found that ethnic and community newspapers lost an average 56% in monthly advertising revenue between April and June.


Santa Barbara Homeless

SANTA BARBARA , Calif. — Homeless people in the California beach town of Santa Barbara say the city is targeting @ @ @ @ @ on streets and impounding their vehicle-homes when they can ’ t pay the $ 48 @ @


courthousenews--2020-09-04--Minnesota Environmental Groups Plan Appeal of Mining Project Approval

ST. PAUL , Minn. ( CN ) — Minnesota clean water activists say they plan to appeal a state court decision finding that state regulators ’ concealment of negotiations to delay EPA input in the permitting process for a contentious mining project did not prejudice them .
A spokesman for the Friends of the Boundary Waters Wilderness said that while he could not speak for four other organizations or for the Fond Du Lac Band of Lake Superior Chippewa , who co-related a case against the Minnesota Pollution Control Agency , an appeal from his group was “ guaranteed.
” @ @ @ @ @ @ @ the court of appeals almost no matter what the findings were , ” spokesman Pete Marshall said .
“ Either side would have appealed it.
” Representatives of other organizations said they were still discussing the prospect , but were likely to join appeals of the order .
Ramsey County Judge John Guthmann had found that while MPCA staff had caused procedural irregularities by deleting emails regarding a decision to ask the Environmental Protection Agency to delay submitting written comments on the controversial PolyMet mine proposal near Minnesota ’ s Boundary Waters , @ @ @ @ @ @ @ process .
The mine , which would extract copper and nickel from northern Minnesota ’ s mineral-rich Duluth Complex rock formation , has been a point of controversy in the state since the U.S. Forest Service approved a land-exchange deal for its development in 2017 .
The mine ’ s move through the permitting process has spawned lawsuits at every turn from environmental groups and local Native American bands and organizations concerned about its impact on the nearby Boundary Waters Canoe Area Wilderness and other watersheds .
Supporters , meanwhile , point to @ @ @ @ @ @ @ promised economic benefits .
Guthmann ’ s Thursday ruling , several relators said , was a mixed bag for them .
The case had been transferred to Ramsey County from the appellate court after the relators alleged that the MPCA had not included procedural irregularities in its National Pollutant Discharge Elimination System permit in the record .
Guthmann sent it back to the higher court saying that while he had found some irregularities — deleted emails and notes regarding a request to the EPA to delay issuing its written comments before the conclusion @ @ @ @ @ @ @ emails ’ later inclusion and the inclusion of a document the notes discussed meant that they did not prejudice the relators .
“ Judge Guthmann ’ s order acknowledges a lot of the conduct that we think is problematic , ” said Aaron Klemz of the Minnesota Center for Environmental Advocacy .
“ We ’ re disappointed in the order , ” Klemz added , “ but we also think that the decision documents a troubling pattern of concealing evidence from the public and keeping it out of the public record.
” Marshall @ @ @ @ @ @ @ emails and notes in the record came after a whistleblower exposed them .
“ The MPCA didn ’ t do its job , and unfortunately… it took a whistleblower and it took a lawsuit in order for MPCA to do its job , ” Marshall said .
“ That shouldn ’ t be part of the procedure.
” Former MNPCA commissioner John Linc Stine defended the decision to delay EPA input in January .
“ My concern was over the efficient use of staff resources , ” Stine said .
“ I asked @ @ @ @ @ @ @ ] Stepp to consider whether it would be possible to comment at a later time when we could prepare a draft , a revised draft permit so that their comments could address the most up-to-date information.
” Environmental groups aren ’ t the only ones bullish about appeal , however .
PolyMet did not respond to a request for comment , but its stock price rose dramatically Friday morning .
The mine has one last permitting process to complete with the Army Corps of Engineers , but can expect to be tied up @ @ @ @ @ @ @ company is also in the midst of appealing to the Supreme Court decisions by the Minnesota Court of Appeals which struck down its air emissions and dam-safety permits .
Those appeals are scheduled for October .
“ Obviously , this is a very complicated case , and a longstanding dispute , ” Klemz said .
“ I think the key here is that , regardless of the ruling in this case , I think the facts that emerged in this trial are really important .
Minnesotans saw that their agencies weren ’ t @ @ @ @ @ @ @ , in terms of protecting water and protecting public health .
”

Minnesota clean water activists say they plan to appeal a state court decision finding that state regulators’ concealment of negotiations to delay EPA input in the permitting process for a contentious mining project did not prejudice them.
ST. PAUL, Minn. (CN) — Minnesota clean water activists say they plan to appeal a state court decision finding that state regulators’ concealment of negotiations to delay EPA input in the permitting process for a contentious mining project did not prejudice them.
A spokesman for the Friends of the Boundary Waters Wilderness said that while he could not speak for four other organizations or for the Fond Du Lac Band of Lake Superior Chippewa, who co-related a case against the Minnesota Pollution Control Agency, an appeal from his group was “guaranteed.”
“We would have wound up on the court of appeals almost no matter what the findings were,” spokesman Pete Marshall said. “Either side would have appealed it.”
Representatives of other organizations said they were still discussing the prospect, but were likely to join appeals of the order.
Ramsey County Judge John Guthmann had found that while MPCA staff had caused procedural irregularities by deleting emails regarding a decision to ask the Environmental Protection Agency to delay submitting written comments on the controversial PolyMet mine proposal near Minnesota’s Boundary Waters, those irregularities did not prejudice the permitting process.
The mine, which would extract copper and nickel from northern Minnesota’s mineral-rich Duluth Complex rock formation, has been a point of controversy in the state since the U.S. Forest Service approved a land-exchange deal for its development in 2017.
The mine’s move through the permitting process has spawned lawsuits at every turn from environmental groups and local Native American bands and organizations concerned about its impact on the nearby Boundary Waters Canoe Area Wilderness and other watersheds. Supporters, meanwhile, point to the $1 billion mine’s promised economic benefits.
Guthmann’s Thursday ruling, several relators said, was a mixed bag for them. The case had been transferred to Ramsey County from the appellate court after the relators alleged that the MPCA had not included procedural irregularities in its National Pollutant Discharge Elimination System permit in the record.
Guthmann sent it back to the higher court saying that while he had found some irregularities — deleted emails and notes regarding a request to the EPA to delay issuing its written comments before the conclusion of a public comment period — the emails’ later inclusion and the inclusion of a document the notes discussed meant that they did not prejudice the relators.
“Judge Guthmann’s order acknowledges a lot of the conduct that we think is problematic,” said Aaron Klemz of the Minnesota Center for Environmental Advocacy.
“We’re disappointed in the order,” Klemz added, “but we also think that the decision documents a troubling pattern of concealing evidence from the public and keeping it out of the public record.”
Marshall noted that even the later inclusion of emails and notes in the record came after a whistleblower exposed them.
“The MPCA didn’t do its job, and unfortunately… it took a whistleblower and it took a lawsuit in order for MPCA to do its job,” Marshall said. “That shouldn’t be part of the procedure.”
Former MNPCA commissioner John Linc Stine defended the decision to delay EPA input in January.
“My concern was over the efficient use of staff resources,” Stine said. “I asked [former EPA regional office head Cathy] Stepp to consider whether it would be possible to comment at a later time when we could prepare a draft, a revised draft permit so that their comments could address the most up-to-date information.”
Environmental groups aren’t the only ones bullish about appeal, however. PolyMet did not respond to a request for comment, but its stock price rose dramatically Friday morning.
The mine has one last permitting process to complete with the Army Corps of Engineers, but can expect to be tied up in litigation beyond that point. The company is also in the midst of appealing to the Supreme Court decisions by the Minnesota Court of Appeals which struck down its air emissions and dam-safety permits. Those appeals are scheduled for October.
“Obviously, this is a very complicated case, and a longstanding dispute,” Klemz said. “I think the key here is that, regardless of the ruling in this case, I think the facts that emerged in this trial are really important. Minnesotans saw that their agencies weren’t doing what they were supposed to do, in terms of protecting water and protecting public health.”


courthousenews--2020-09-04--Alaska High Court Nixes State’s $1 Billion Scheme for Oil and Tax Credits

( CN ) — The Alaska Supreme Court on Friday shot down a state government plan to borrow up to $ 1 billion for tax credits owed to oil and gas companies , finding the state constitution bars taking on debt for that purpose .
“ It is a foundational decision , ” said attorney Joseph Geldhof , who represents a Juneau resident and carpenter who challenged the state financing plan in court .
“ It means the language in the Alaska Constitution that says we will not be incurring debt unless it ’ s with real revenue bonds or @ @ @ @ @ @ @ it says.
” Geldhof ’ s client , Eric Forrer , sued to block the money-borrowing plan proposed by then-Alaska Governor Bill Walker and approved by the Legislature in 2018 .
In a 63-page opinion issued Friday , the state Supreme Court overturned a lower court ’ s dismissal of Forrer ’ s lawsuit .
Writing for the unanimous five-judge panel , Justice Craig Stowers said upholding the state ’ s borrowing plan “ would give to the Legislature a broad power specifically withheld by the framers ” of the Alaska Constitution .
@ @ @ @ @ @ @ in June .
The legal dispute stems from programs created by Alaska lawmakers in 2003 and 2006 to incentivize oil and gas drilling in Cook Inlet , a bay linking Anchorage to the Gulf of Alaska , and North Slope , the uppermost region of the nation ’ s second-youngest state .
Facing problems related to aging oil infrastructure and shrinking revenues , the state sought to stimulate oil and gas production to help preserve jobs .
To accomplish that goal , the state agreed to reduce royalties owed to the government for @ @ @ @ @ @ @ was considered successful in helping to preserve jobs , but it also cost the state $ 3.14 billion from 2010 through 2016 .
State lawmakers voted to end the program in 2015 after oil prices plunged .
By that point , the state had racked up $ 800 million in debt with another $ 200 million in expected costs .
In 2018 , to fix the state ’ s precarious finances , Walker proposed borrowing $ 1 billion to pay off the money owed in tax credits .
Oil and gas companies were @ @ @ @ @ @ @ the value of their credits to receive immediate payouts in order to help cover the state ’ s borrowing costs .
To avoid the thorny constitutional problems , the state planned to create a public corporation funded solely by the Legislature .
The new company would issue and sell bonds , purchase tax credits at a discount and repay bondholders through future spending approvals by lawmakers .
State lawmakers approved the plan by passing HB 311 in May 2018 .
A mere three days later , Forrer filed suit to block the plan @ @ @ @ @ @ @ Court Judge Jude Pate dismissed the case , finding HB 311 did not “ create a legally enforceable debt.
” “ We reverse and hold that this financing scheme — even if unforeseeable in the mid-20th century — is the kind of constitutional ‘ debt ’ that the framers sought to prohibit under Article IX , Section 8 of the Alaska Constitution , ” Stowers wrote .
The court concluded that delegates who drafted the state constitution in the 1950s clearly intended “ to control and restrict the issuance of bonds.
” Quoting @ @ @ @ @ @ @ “ it ’ s nice to win , the real winner is the Alaska Constitution and the citizens of Alaska.
” Geldhof added that this decision ensures that “ goat-roping politicians ” can ’ t cook up a scheme to borrow $ 1 billion to benefit “ New York money boys ” while sticking Alaska taxpayers with the bill .
“ Our constitution clearly prohibits the kind of financing in question here , and this decision puts an end to the financial shenanigans that the previous administration was trying to foist upon the @ @ @ @ @ @ @ Alaska Department of Revenue and Alaska Attorney General ’ s Office did not immediately return emails and phone calls requesting comment Friday .

The Alaska Supreme Court on Friday shot down a state government plan to borrow up to $1 billion for tax credits owed to oil and gas companies, finding the state constitution bars taking on debt for that purpose.
(CN) — The Alaska Supreme Court on Friday shot down a state government plan to borrow up to $1 billion for tax credits owed to oil and gas companies, finding the state constitution bars taking on debt for that purpose.
“It is a foundational decision,” said attorney Joseph Geldhof, who represents a Juneau resident and carpenter who challenged the state financing plan in court. “It means the language in the Alaska Constitution that says we will not be incurring debt unless it’s with real revenue bonds or a vote of the citizens means what it says.”
Geldhof’s client, Eric Forrer, sued to block the money-borrowing plan proposed by then-Alaska Governor Bill Walker and approved by the Legislature in 2018.
In a 63-page opinion issued Friday, the state Supreme Court overturned a lower court’s dismissal of Forrer’s lawsuit. Writing for the unanimous five-judge panel, Justice Craig Stowers said upholding the state’s borrowing plan “would give to the Legislature a broad power specifically withheld by the framers” of the Alaska Constitution.
Stowers heard the case before he retired in June.
The legal dispute stems from programs created by Alaska lawmakers in 2003 and 2006 to incentivize oil and gas drilling in Cook Inlet, a bay linking Anchorage to the Gulf of Alaska, and North Slope, the uppermost region of the nation’s second-youngest state.
Facing problems related to aging oil infrastructure and shrinking revenues, the state sought to stimulate oil and gas production to help preserve jobs. To accomplish that goal, the state agreed to reduce royalties owed to the government for oil and gas extraction.
The program was considered successful in helping to preserve jobs, but it also cost the state $3.14 billion from 2010 through 2016.
State lawmakers voted to end the program in 2015 after oil prices plunged. By that point, the state had racked up $800 million in debt with another $200 million in expected costs.
In 2018, to fix the state’s precarious finances, Walker proposed borrowing $1 billion to pay off the money owed in tax credits. Oil and gas companies were required to take 10% cut in the value of their credits to receive immediate payouts in order to help cover the state’s borrowing costs.
To avoid the thorny constitutional problems, the state planned to create a public corporation funded solely by the Legislature. The new company would issue and sell bonds, purchase tax credits at a discount and repay bondholders through future spending approvals by lawmakers.
State lawmakers approved the plan by passing HB 311 in May 2018. A mere three days later, Forrer filed suit to block the plan. In January 2019, Juneau Superior Court Judge Jude Pate dismissed the case, finding HB 311 did not “create a legally enforceable debt.”
On Friday, the Alaska Supreme Court disagreed.
“We reverse and hold that this financing scheme — even if unforeseeable in the mid-20th century — is the kind of constitutional ‘debt’ that the framers sought to prohibit under Article IX, Section 8 of the Alaska Constitution,” Stowers wrote.
The court concluded that delegates who drafted the state constitution in the 1950s clearly intended “to control and restrict the issuance of bonds.”
Quoting his client, attorney Geldhof said while “it’s nice to win, the real winner is the Alaska Constitution and the citizens of Alaska.”
Geldhof added that this decision ensures that “goat-roping politicians” can’t cook up a scheme to borrow $1 billion to benefit “New York money boys” while sticking Alaska taxpayers with the bill.
“Our constitution clearly prohibits the kind of financing in question here, and this decision puts an end to the financial shenanigans that the previous administration was trying to foist upon the public,” Geldhof said.
The Alaska Department of Revenue and Alaska Attorney General’s Office did not immediately return emails and phone calls requesting comment Friday.


courthousenews--2020-09-04--US Wildlife Agency Seeks to Carve Out Areas From Protections

BILLINGS , Mont .
( AP ) — A Trump administration proposal released Friday would allow the government to deny habitat protections for endangered animals and plants in areas that would see greater economic benefits from being developed — a change critics said could open lands to more energy development and other activities .
U.S .
Fish and Wildlife Service officials described the proposal as giving more deference to local governments when they want to build things like schools and hospitals .
But the proposal indicates that exemptions from habitat protections would be considered for a much broader array of @ @ @ @ @ @ @ private companies that lease federal lands or have permits to use them .
Government-issued leases and permits can allow energy development , grazing , recreation , logging and other commercial uses of public lands .
It ’ s the latest move by the Trump administration in a years-long effort to repeal regulations across government that has broadly changed how the Endangered Species Act gets used .
Other steps under Trump to scale back species rules included lifting blanket protections for animals newly listed as threatened , setting cost estimates for saving species and @ @ @ @ @ @ @ fit under the definition of “ habitat ” .
Governors from 22 Western states and Pacific territories in a Thursday letter to the wildlife service demanded more say in how habitat gets defined , since that decision could further restrict what land and waterways can be protected .
Wildlife advocates say the administration ’ s approach has elevated natural resource extraction and commercial development over the protection of sites that are home to dwindling populations of endangered species .
Animals that could be affected by the latest change include the struggling lesser prairie @ @ @ @ @ @ @ five states in the south-central U.S. , and the rare dunes sagebrush lizard that lives among the oil fields of western Texas and eastern New Mexico , wildlife advocates said .
Friday ’ s proposal and the habitat definition offered in July were triggered by a 2018 U.S. Supreme Court ruling involving a highly endangered Southern frog — the dusky gopher frog .
In that case , a unanimous court faulted the government over how it designated “ critical habitat ” for the 3 ½-inch-long ( 8.9-centimetre-long ) frogs that survive in just @ @ @ @ @ @ @ ruling came after a timber company , Weyerhaeuser , had sued when land it owned in Louisiana was designated as critical .
The new proposal would require federal officials to consider factors such as economic or employment losses when making habitat decisions .
That includes decisions affecting federal land for which private companies have permits or leases , such as for drilling , grazing , logging or other development .
Those areas could be carved out from protections by the Secretary of Interior “ so long as the exclusion of a particular area @ @ @ @ @ @ @ , ” Fish and Wildlife officials wrote .
Agency Director Aurelia Skipwith said in a statement that the proposal would provide “ greater transparency for the public , improve consistency and predictability for stakeholders affected by ESA ( Endangered Species Act ) determinations and stimulate more effective conservation.
” But the former director of the federal wildlife service during the Clinton administration , Jamie Rappaport Clark , said the change — if finalized — was sure to harm species on the edge of extinction .
“ This new proposal puts a heavy thumb @ @ @ @ @ @ @ and industry , ” said Clark , who now heads the advocacy group Defenders of Wildlife

A Trump administration proposal released Friday would allow the government to deny habitat protections for endangered animals and plants in areas that would see greater economic benefits from being developed — a change critics said could open lands to more energy development and other activities.
BILLINGS, Mont. (AP) — A Trump administration proposal released Friday would allow the government to deny habitat protections for endangered animals and plants in areas that would see greater economic benefits from being developed — a change critics said could open lands to more energy development and other activities.
U.S. Fish and Wildlife Service officials described the proposal as giving more deference to local governments when they want to build things like schools and hospitals.
But the proposal indicates that exemptions from habitat protections would be considered for a much broader array of developments, including at the request of private companies that lease federal lands or have permits to use them. Government-issued leases and permits can allow energy development, grazing, recreation, logging and other commercial uses of public lands.
It's the latest move by the Trump administration in a years-long effort to repeal regulations across government that has broadly changed how the Endangered Species Act gets used. Other steps under Trump to scale back species rules included lifting blanket protections for animals newly listed as threatened, setting cost estimates for saving species and a pending proposal to restrict what areas fit under the definition of "habitat".
Governors from 22 Western states and Pacific territories in a Thursday letter to the wildlife service demanded more say in how habitat gets defined, since that decision could further restrict what land and waterways can be protected.
Wildlife advocates say the administration's approach has elevated natural resource extraction and commercial development over the protection of sites that are home to dwindling populations of endangered species.
Animals that could be affected by the latest change include the struggling lesser prairie chicken, a grasslands bird found in five states in the south-central U.S., and the rare dunes sagebrush lizard that lives among the oil fields of western Texas and eastern New Mexico, wildlife advocates said.
Friday's proposal and the habitat definition offered in July were triggered by a 2018 U.S. Supreme Court ruling involving a highly endangered Southern frog — the dusky gopher frog.
In that case, a unanimous court faulted the government over how it designated "critical habitat" for the 3 ½-inch-long (8.9-centimetre-long) frogs that survive in just a few ponds in Mississippi. The ruling came after a timber company, Weyerhaeuser, had sued when land it owned in Louisiana was designated as critical.
The new proposal would require federal officials to consider factors such as economic or employment losses when making habitat decisions. That includes decisions affecting federal land for which private companies have permits or leases, such as for drilling, grazing, logging or other development.
Those areas could be carved out from protections by the Secretary of Interior "so long as the exclusion of a particular area does not cause extinction of a species," Fish and Wildlife officials wrote.
Agency Director Aurelia Skipwith said in a statement that the proposal would provide "greater transparency for the public, improve consistency and predictability for stakeholders affected by ESA (Endangered Species Act) determinations and stimulate more effective conservation."
But the former director of the federal wildlife service during the Clinton administration, Jamie Rappaport Clark, said the change — if finalized — was sure to harm species on the edge of extinction.
"This new proposal puts a heavy thumb on the scale in favor of developers and industry," said Clark, who now heads the advocacy group Defenders of Wildlife
By MATTHEW BROWN Associated Press


Pot Licenses

CHICAGO — Two Black-owned business groups that were denied entry into Illinois ’ marijuana dispensary lottery are suing the state @ @ @ @ @ connected companies to receive 75 licenses worth more than $ 1 billion throughout the state @ @ @ @ @ they don ’ t have any recourse to challenge process , which gave the chosen @ @ @ @ @


courthousenews--2020-09-04--Judge OKs Extradition for Men Accused of Aiding Ghosn Escape

BOSTON ( AP ) — Two American men accused of smuggling Nissan Motor Co. Chairman Carlos Ghosn out of Japan while he was awaiting trial on financial misconduct charges can be extradited , a federal judge ruled Friday .
U.S. Magistrate Judge Donald Cabell issued a ruling approving the extradition of Michael Taylor , a U.S. Army Special Forces veteran , and his son Peter Taylor , but the final decision rests with the State Department .
The Taylors are wanted by Japan so they can be tried on charges that they helped Ghosn flee the country last year with @ @ @ @ @ @ @ a box on a private jet .
The flight went first to Turkey , then to Lebanon , where Ghosn has citizenship but which has no extradition treaty with Japan .
Ghosn said he fled because he could not expect a fair trial , was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions .
Ghosn has denied allegations that he underreported his income and committed a breach of trust by diverting Nissan money for his personal gain .
Bank records show Ghosn wired more @ @ @ @ @ @ @ to Peter Taylor in October 2019 , prosecutors said in court documents .
Ghosn ’ s son also made cryptocurrency payments totaling about $ 500,000 to Peter Taylor in the first five months of this year , prosecutors say .
The Taylors have been locked up in a Massachusetts jail since they were arrested in May .
Their attorneys never denied the allegations , but argued they can ’ t be extradited because they say their actions don ’ t fit under the law with which Japan is trying to convict them .
@ @ @ @ @ @ @ , ran a private security business initially focused on private investigations , but their caseload grew through corporate work and unofficial referrals from the State Department and FBI , including parents whose children had been taken overseas by former spouses .
In 2012 , federal prosecutors alleged Taylor had won a U.S. military contract to train Afghan soldiers by using secret information passed along from an American officer .
When Taylor learned the contract was being investigated , he asked an FBI agent and friend to intervene , prosecutors charged .
The government @ @ @ @ @ @ @ account of Taylor ’ s company .
Facing 50 charges , he spent 14 months in jail before agreeing to plead guilty to two counts .
The government agreed to return $ 2 million to the company as well as confiscated vehicles .
A lawyer for the men said their defense team had hoped the court would not have just deferred to Japan ’ s extradition request and said they looked forward to presenting their arguments to officials at the State Department .
“ The issues essential to the future of the Taylors @ @ @ @ @ @ @ Department , which , unlike the Court , can take into consideration Japan ’ s frequent refusal to extradite its own citizens in serious matters , the lack of precedent in Japan for ever charging ‘ bail jumping , ’ and the dreadful prison and prosecutorial conditions in Japan which have drawn the scorn of the world , ” their attorney , Paul Kelly , said in a statement .
“ Moreover , the State Department can consider the heroism and courage of Michael Taylor who has rescued kidnapped American children abroad and @ @ @ @ @ @ @ and intelligence at great risk achieving stunning well documented victories over criminals and terrorists .
Grateful mothers and law enforcement veterans will be heard .
”

Two American men accused of smuggling Nissan Motor Co. Chairman Carlos Ghosn out of Japan while he was awaiting trial on financial misconduct charges can be extradited, a federal judge ruled Friday.
BOSTON (AP) — Two American men accused of smuggling Nissan Motor Co. Chairman Carlos Ghosn out of Japan while he was awaiting trial on financial misconduct charges can be extradited, a federal judge ruled Friday.
U.S. Magistrate Judge Donald Cabell issued a ruling approving the extradition of Michael Taylor, a U.S. Army Special Forces veteran, and his son Peter Taylor, but the final decision rests with the State Department.
The Taylors are wanted by Japan so they can be tried on charges that they helped Ghosn flee the country last year with the former Nissan boss tucked away in a box on a private jet. The flight went first to Turkey, then to Lebanon, where Ghosn has citizenship but which has no extradition treaty with Japan.
Ghosn said he fled because he could not expect a fair trial, was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions. Ghosn has denied allegations that he underreported his income and committed a breach of trust by diverting Nissan money for his personal gain.
Bank records show Ghosn wired more than $860,000 to a company linked to Peter Taylor in October 2019, prosecutors said in court documents. Ghosn's son also made cryptocurrency payments totaling about $500,000 to Peter Taylor in the first five months of this year, prosecutors say.
The Taylors have been locked up in a Massachusetts jail since they were arrested in May. Their attorneys never denied the allegations, but argued they can't be extradited because they say their actions don't fit under the law with which Japan is trying to convict them.
Michael Taylor, a former Green Beret, ran a private security business initially focused on private investigations, but their caseload grew through corporate work and unofficial referrals from the State Department and FBI, including parents whose children had been taken overseas by former spouses.
In 2012, federal prosecutors alleged Taylor had won a U.S. military contract to train Afghan soldiers by using secret information passed along from an American officer. When Taylor learned the contract was being investigated, he asked an FBI agent and friend to intervene, prosecutors charged.
The government seized $5 million from the bank account of Taylor's company. Facing 50 charges, he spent 14 months in jail before agreeing to plead guilty to two counts. The government agreed to return $2 million to the company as well as confiscated vehicles.
A lawyer for the men said their defense team had hoped the court would not have just deferred to Japan's extradition request and said they looked forward to presenting their arguments to officials at the State Department.
"The issues essential to the future of the Taylors will now be addressed by the State Department, which, unlike the Court, can take into consideration Japan's frequent refusal to extradite its own citizens in serious matters, the lack of precedent in Japan for ever charging 'bail jumping,' and the dreadful prison and prosecutorial conditions in Japan which have drawn the scorn of the world," their attorney, Paul Kelly, said in a statement. "Moreover, the State Department can consider the heroism and courage of Michael Taylor who has rescued kidnapped American children abroad and who has worked with US law enforcement and intelligence at great risk achieving stunning well documented victories over criminals and terrorists. Grateful mothers and law enforcement veterans will be heard."
By ALANNA DURKIN RICHER Associated Press


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including Europe is being shaken by a new wave of the coronavirus crisis with a surge of infections across the continent ; The American economy recovered just 1.4 million jobs in August while the unemployment rate dropped to 8.4 % ; Democrats condemned President Donald Trump for his reported remarks disparaging veterans as “ losers ” and “ suckers , ” and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your @ @ @ @ @ @ @ ) Continuing on a downward trend , the American economy recovered just 1.4 million jobs in August while the unemployment rate dropped to 8.4 % .
2 . )
The Trump administration has feigned doubt over how Congress intended to allocate Covid-19 emergency relief to K-12 schools , civil rights groups argued in Washington Friday , challenging a rule they claim unlawfully shortchanges public schools .
3 . )
A group of House Democrats , many of whom have served in the U.S. military , condemned President Donald Trump on Friday for his @ @ @ @ @ @ @ ” and “ suckers.
” 4 . )
America ’ s summer was punctuated by sweeping protests against police brutality and racism and those activities , regardless of the city or state they unfolded in , were almost entirely nonviolent , according to new analysis reviewing 7,750 U.S. demonstrations .
5 . )
The Pentagon announced Friday that it has completed a reevaluation of cloud computing proposals and will award a $ 10 billion contract to Microsoft instead of Amazon , despite a court order blocking the contract in light of claims that @ @ @ @ @ @ @ influenced the decision .
6 . )
Europe is being shaken by a new wave of the coronavirus crisis with a surge of infections across the continent , throwing into confusion the reopening of schools and casting shadows over its politics and economies .
7 . )
Far-right Dutch politician Geert Wilders lost his appeal of a criminal conviction for insulting a population group on Friday , but again he faced no punishment .
8 . )
A former Peruvian president can not overcome extradition to his home country based on claims that @ @ @ @ @ @ @ him with bribery and other crimes as required by its treaty with the United States , a federal judge ruled Friday .

Top eight CNS stories for today including Europe is being shaken by a new wave of the coronavirus crisis with a surge of infections across the continent; The American economy recovered just 1.4 million jobs in August while the unemployment rate dropped to 8.4%; Democrats condemned President Donald Trump for his reported remarks disparaging veterans as “losers” and “suckers,” and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Europe is being shaken by a new wave of the coronavirus crisis with a surge of infections across the continent; The American economy recovered just 1.4 million jobs in August while the unemployment rate dropped to 8.4%; Democrats condemned President Donald Trump for his reported remarks disparaging veterans as “losers” and “suckers,” 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.) Continuing on a downward trend, the American economy recovered just 1.4 million jobs in August while the unemployment rate dropped to 8.4%.
FILE - In this Sept. 2, 2020, file photo, a help wanted sign hangs on the door of a Target store in Uniontown, Pa. (AP Photo/Gene J. Puskar, File)
2.) The Trump administration has feigned doubt over how Congress intended to allocate Covid-19 emergency relief to K-12 schools, civil rights groups argued in Washington Friday, challenging a rule they claim unlawfully shortchanges public schools.
U.S. Secretary of Education Betsy DeVos speaks Tuesday, August 25, 2020 to chemistry students during a visit to Forsyth Central High School in Cumming, Georgia. DeVos is softening her push for all schools to reopen for five-day-a-week instruction face to face, saying what’s important is “100% learning.” (AP Photo/Jeff Amy)
3.) A group of House Democrats, many of whom have served in the U.S. military, condemned President Donald Trump on Friday for his reported remarks disparaging veterans as “losers” and “suckers.”
President Donald Trump talks with reporters at Andrews Air Force Base after attending a campaign rally in Latrobe, Pa., Thursday, Sept. 3, 2020, at Andrews Air Force Base, Md. (AP Photo/Evan Vucci)
4.) America’s summer was punctuated by sweeping protests against police brutality and racism and those activities, regardless of the city or state they unfolded in, were almost entirely nonviolent, according to new analysis reviewing 7,750 U.S. demonstrations.
Supporters of both President Donald Trump and Black Lives Matters clash in a park outside the Kenosha County Courthouse, Tuesday, Sept. 1, 2020, in Kenosha, Wis. (AP Photo/Morry Gash)
5.) The Pentagon announced Friday that it has completed a reevaluation of cloud computing proposals and will award a $10 billion contract to Microsoft instead of Amazon, despite a court order blocking the contract in light of claims that President Trump’s bias against Amazon influenced the decision.
In this June 3, 2011, file photo, the Pentagon is seen from air from Air Force One. The House has passed its annual defense policy measure, which combines a $738 billion Pentagon price tag with legislation to provide federal employees with 12 weeks of paid parental leave. (AP Photo/Charles Dharapak, File)
International
6.) Europe is being shaken by a new wave of the coronavirus crisis with a surge of infections across the continent, throwing into confusion the reopening of schools and casting shadows over its politics and economies.
A group of young students wearing face mask protection to prevent the spread of the coronavirus enter in state school, in Pamplona, northern Spain, Friday, Sept. 4, 2020. After six months with all Spanish schools closed by crisis of COVID-19, today is opening a new school year with new rules to prevent the pandemic coronavirus. (AP Photo/Alvaro Barrientos)
7.) Far-right Dutch politician Geert Wilders lost his appeal of a criminal conviction for insulting a population group on Friday, but again he faced no punishment.
FILE- In this Tuesday March 14, 2017, file photo Democrats 66 party leader Alexander Pechtold, right-wing populist leader Geert Wilders, Socialist Party leader Emile Roemer, Party for the Animals' Marianne Thieme, Green Left party leader Jesse Klaver, Dutch Prime Minister Mark Rutte, Gert-Jan Segers of the Christian Union, Labour Party leader Lodewijk Asscher, and Christan Democrats party leader Sybrand Buma, from left, pose for a picture after the closing debate at parliament in The Hague, Netherlands. The leaders of four parties negotiating to form the next Dutch government have reached agreement on a draft program for a new center-right coalition, after 208 days of negotiations. (Robin van Lonkhuijsen ANP POOL via AP, File)
8.) A former Peruvian president cannot overcome extradition to his home country based on claims that the Peruvian government failed to formally charge him with bribery and other crimes as required by its treaty with the United States, a federal judge ruled Friday.


courthousenews--2020-09-04--Time Running Out for Feds to Decide How to Release Immigrant Children

LOS ANGELES ( CN ) — A federal judge gave the Trump administration another week to come up with a set of protocols governing the release of immigrant children currently being detained in holding facilities across the country .
The government had asked for a two-week stay to ensure that the Immigration and Customs Enforcement agency was able to safely transfer those children currently being detained .
The ruling relates to the 1997 Flores settlement , which bars the government from holding detained immigrant children longer than 20 days without a guardian .
With Covid-19 still raging across the country @ @ @ @ @ @ @ detention facilities could become viral hotspots at any time .
U.S. District Judge Dolly Gee , a Barack Obama appointee , told attorneys for the administration they could file an ex parte application with the Ninth Circuit if they require additional time , but cautioned she did not believe their case met the threshold for such a stay .
“ I will not deprive you of your right to request a stay formally .
I ’ m familiar with the standard for a stay and I don ’ t believe you meet that @ @ @ @ @ @ @ I think it ’ s an important issue .
I ’ m reluctant to add any more time than necessary to implement the order , ” Gee said .
Attorneys for the plaintiff class noted there ’ s a process for seeking a stay of an order and the government should respect that .
“ The government has no one but itself to blame for the timing of this order , and the need the children have for proper placement without further delay , ” said Carlos Holguin , attorney for the plaintiffs @ @ @ @ @ @ @ no objections to reasonable quarantine procedures where necessary to ensure the health of the class members , but they are concerned about foot-dragging and feel that two weeks is excessive .
Judge Gee emphasized the government should cease placing immigrant children in hotels by Sept. 11 .
“ I don ’ t see why diverting minors to licensed facilities presents any more danger than placing them in a hotel where members of the public can stay , ” she said .
She added she will stay the order until Sept. 8 .
The @ @ @ @ @ @ @ children in hotels will take effect a week later .
Justice Department attorney Sarah Fabian said the government understands that position , but the challenge is that some parents have not requested their child be released separately , or that there is no suitable party to whom they can release a child .
Gee said she didn ’ t disagree , but that doesn ’ t help her or the minors whose parents might want them to be released .
She said giving notice is an important first step , and she will @ @ @ @ @ @ @ protocols governing the children ’ s release .
“ Right now , I don ’ t want to have theoretical arguments about what is and isn ’ t a good procedure .
I think it would be better to address a real person who said they were not able to give consent , ” Gee said .
She added she would ask the government to file what they think a protocol should look like and give both parties time to confer , but would not require it .
She said it ’ s @ @ @ @ @ @ @ up with a procedure where they can receive these requests and deal with them in a fair and prompt way , but that she doesn ’ t want to micromanage their affairs by telling them how they should do it .
“ What I don ’ t want to have occur is a repeat of something that happened several weeks or months ago where ICE employees started asking detainees about whether they wanted to be separated from their children , ” Gee said .
“ I think class members and their guardians need @ @ @ @ @ @ @ and if class members and their guardians wish to pursue an option they may .
”

A federal judge gave the Trump administration another week to come up with a set of protocols governing the release of immigrant children currently being detained in holding facilities across the country.
LOS ANGELES (CN) — A federal judge gave the Trump administration another week to come up with a set of protocols governing the release of immigrant children currently being detained in holding facilities across the country.
The government had asked for a two-week stay to ensure that the Immigration and Customs Enforcement agency was able to safely transfer those children currently being detained.
The ruling relates to the 1997 Flores settlement, which bars the government from holding detained immigrant children longer than 20 days without a guardian. With Covid-19 still raging across the country, there is a grave concern the detention facilities could become viral hotspots at any time.
U.S. District Judge Dolly Gee, a Barack Obama appointee, told attorneys for the administration they could file an ex parte application with the Ninth Circuit if they require additional time, but cautioned she did not believe their case met the threshold for such a stay.
“I will not deprive you of your right to request a stay formally. I’m familiar with the standard for a stay and I don’t believe you meet that standard. I expedited this matter because I think it’s an important issue. I’m reluctant to add any more time than necessary to implement the order,” Gee said.
Attorneys for the plaintiff class noted there’s a process for seeking a stay of an order and the government should respect that.
“The government has no one but itself to blame for the timing of this order, and the need the children have for proper placement without further delay,” said Carlos Holguin, attorney for the plaintiffs.
Holguin added that his clients have no objections to reasonable quarantine procedures where necessary to ensure the health of the class members, but they are concerned about foot-dragging and feel that two weeks is excessive.
Judge Gee emphasized the government should cease placing immigrant children in hotels by Sept. 11.
“I don’t see why diverting minors to licensed facilities presents any more danger than placing them in a hotel where members of the public can stay,” she said.
She added she will stay the order until Sept. 8. The order to stop the government from placing children in hotels will take effect a week later.
Justice Department attorney Sarah Fabian said the government understands that position, but the challenge is that some parents have not requested their child be released separately, or that there is no suitable party to whom they can release a child.
Gee said she didn’t disagree, but that doesn’t help her or the minors whose parents might want them to be released. She said giving notice is an important first step, and she will require the defendants to implement their own protocols governing the children’s release.
“Right now, I don’t want to have theoretical arguments about what is and isn’t a good procedure. I think it would be better to address a real person who said they were not able to give consent,” Gee said.
She added she would ask the government to file what they think a protocol should look like and give both parties time to confer, but would not require it. She said it’s incumbent on the Trump administration to come up with a procedure where they can receive these requests and deal with them in a fair and prompt way, but that she doesn’t want to micromanage their affairs by telling them how they should do it.
“What I don’t want to have occur is a repeat of something that happened several weeks or months ago where ICE employees started asking detainees about whether they wanted to be separated from their children,” Gee said. “I think class members and their guardians need to be informed what their rights are and if class members and their guardians wish to pursue an option they may.”


courthousenews--2020-09-04--Federal Judge Blasts Failures of Texas Foster Care System

CORPUS CHRISTI , Texas ( CN ) — Texas will likely be fined for violating orders meant to reform its foster care system , a federal judge said Friday , adding she believes a grocery chain does a better job tracking produce than Texas does of children in its care .
Texas has yet to revoke the license of a treatment center for foster children that it has cited 145 times for breaking rules and even gave it a pass on minimum staffing guidelines after a 15-year-old girl died there in February .
Staff at the Prairie Harbor , a @ @ @ @ @ @ @ , did not immediately call 911 when the teenager identified in court records as K.C .
collapsed in the early morning of Feb. 9 .
Following management ’ s rules , they first contacted their supervisor .
And they waited 37 minutes before calling 911 , court records state .
The 5-foot-3 , 300-pound teenager died when a blood clot came loose from a vein in her leg and moved to her lungs .
She had complained to staff of leg pain five times , yet none of them filed a report about @ @ @ @ @ @ @ Protective Services official testified Thursday .
“ This is a child who had every sort of risk factor : hypertension , birth control pills , obesity and diabetes .
There is no evidence she was treated , ” said Senior U.S. District Judge Janis Graham Jack , a Bill Clinton appointee .
Testimony in a two-day hearing revealed a troubling disconnect between the agencies that oversee the 10,300 foster care children in the state ’ s long-term care , DFPS and the Health and Human Services Commission .
While DFPS has pulled all @ @ @ @ @ @ @ , the HHSC has yet to revoke its license .
The commission even recently granted Prairie Harbor a variance so it could have less staff per child than the state ’ s minimum requirements .
“ Why on Earth would you facilitate somewhere where a child died , with 145 citations , to have less staff per child ?
What on Earth are you thinking ?
” Jack asked Jean Shaw , HHSC ’ s associate commissioner for childcare regulations .
“ I think , your honor , we recognized the challenges our @ @ @ @ @ @ @ we try to put conditions on there to mitigate some of the risk when they ’ re not going to be able to meet ratio – ” Shaw said before Jack cut her off .
“ I don ’ t think you are thinking at all , ” the judge said .
Jack also questioned why the state let Prairie Harbor ’ s owners open a new residential treatment center for foster kids called the Landing at Corpus Christi .
“ This is stunning to me , ” she said .
The exasperation @ @ @ @ @ @ @ ordered the state last November to pay daily fines of $ 50,000 – it paid $ 150,000 – for violating a court order requiring caretakers to maintain 24-hour supervision of children in group foster homes. Attorneys for nine children brought a class action in March 2011 on behalf of kids in the state ’ s long-term foster care , or “ permanent managing conservatorship , ” children who become state wards if a permanent home can not be found for them after the state takes them from abusive or neglectful families .
After @ @ @ @ @ @ @ a scathing order a year later finding “ rape , abuse , psychotropic medication , and instability are the norm ” for children in Texas ’ “ broken ” and understaffed foster care system .
She appointed two special masters to oversee reforms she ordered , most of which were upheld by the Fifth Circuit last year .
Lead class counsel Paul Yetter , of the Houston firm Yetter Coleman , brought a contempt motion on July 2 , alleging the state had not addressed “ glaring safety risks ” in its foster @ @ @ @ @ @ @ order , before licensing inspectors make visits to residential centers they are supposed to review the reports of child abuse or neglect lodged against in the past five years and document they have reviewed it in the state ’ s computer system .
But Shaw said the Health and Human Services Commission only started doing this on Monday .
“ The court ’ s remedial order has been in effect for over a year , ” Yetter said , “ affirmed by Fifth Circuit and your group HHSC is obligated to follow it @ @ @ @ @ @ @ not implement technology to ensure your group is complying until five days ago ?
” “ Why did it take so long ?
” Jack asked .
“ We have to work within our resources , ” Shaw replied .
“ This is stunning , ” Jack said .
“ This is just an entity that does not care what they are doing and does not care to follow the court ’ s order.
” Though Jack has ordered DFPS staff to make unannounced visits to group homes at night , to certify @ @ @ @ @ @ @ many times the agency ’ s list of children does not match those at the homes , Jack said Friday .
A girl was kept on a home ’ s list for seven weeks after she hung herself there , the judge said .
“ I ’ ll tell you this , HEB has a better tracking of their produce than DFPS does of children in their care , ” she said , referring to the San Antonio-based supermarket chain .
Texas Department of Family Services Commissioner Jaime Masters also testified in the @ @ @ @ @ @ @ is concerning the state has only revoked the license of one youth residential center in the past 10 years , and said she was going to meet with HHSC Commissioner Cecile Young next week to discuss the problems cited by the special masters .
“ It ’ s just good to hear somebody ’ s concerned , ” said Jack .
Masters , who was appointed by Republican Governor Greg Abbott in December 2019 , is the department ’ s fourth commissioner in the last 10 years .
In Friday ’ s hearing @ @ @ @ @ @ @ and Yetter commended her “ refreshing attitude toward reform.
” But Yetter said Texas is still fighting reforms with the litigation approaching its 10th year .
In a July 24 opposition to Yetter ’ s contempt motion , state attorneys wrote , “ Implementation of lasting change requires two to four years and is best accomplished in iterative phases.
” Yetter said in Friday ’ s videoconference hearing that after decades of noncompliance , Texas is running a “ system that continues to hurt and endanger thousands of children.
” “ It is @ @ @ @ @ @ @ a priority No .
1 for the state of Texas , ” he said .
Jack gave Yetter a month to prepare findings of fact for her contempt order .
“ I may begin some fines now for things that are just outrageous , ” she said .
But she said if she slaps the Department of Family and Protective Services with any contempt order , she will give it 30 days to get in line and hold a compliance hearing .
“ It may not result in any sanctions , ” she @ @

Texas will likely be fined for violating orders meant to reform its foster care system, a federal judge said Friday, adding she believes a grocery chain does a better job tracking produce than Texas does of children in its care.
CORPUS CHRISTI, Texas (CN) — Texas will likely be fined for violating orders meant to reform its foster care system, a federal judge said Friday, adding she believes a grocery chain does a better job tracking produce than Texas does of children in its care.
Texas has yet to revoke the license of a treatment center for foster children that it has cited 145 times for breaking rules and even gave it a pass on minimum staffing guidelines after a 15-year-old girl died there in February.
Staff at the Prairie Harbor, a residential treatment center in Willis, Texas, did not immediately call 911 when the teenager identified in court records as K.C. collapsed in the early morning of Feb. 9. Following management’s rules, they first contacted their supervisor. And they waited 37 minutes before calling 911, court records state.
The 5-foot-3, 300-pound teenager died when a blood clot came loose from a vein in her leg and moved to her lungs. She had complained to staff of leg pain five times, yet none of them filed a report about it, a Texas Department of Family Protective Services official testified Thursday.
“This is a child who had every sort of risk factor: hypertension, birth control pills, obesity and diabetes. There is no evidence she was treated,” said Senior U.S. District Judge Janis Graham Jack, a Bill Clinton appointee.
Testimony in a two-day hearing revealed a troubling disconnect between the agencies that oversee the 10,300 children in the state’s long-term care, DFPS and the Health and Human Services Commission.
While DFPS is removing its foster children from Prairie Harbor, the HHSC has yet to revoke its license. The commission even recently granted Prairie Harbor a variance so it could have less staff per child than the state’s minimum requirements.
“Why on Earth would you facilitate somewhere where a child died, with 145 citations, to have less staff per child? What on Earth are you thinking?” Jack asked Jean Shaw, HHSC’s associate commissioner for childcare regulations.
“I think, your honor, we recognized the challenges our operations are facing during the pandemic and we try to put conditions on there to mitigate some of the risk when they’re not going to be able to meet ratio – ” Shaw said before Jack cut her off.
“I don’t think you are thinking at all,” the judge said.
Jack also questioned why the state let Prairie Harbor’s owners open a new residential treatment center for foster kids called the Landing at Corpus Christi.
“This is stunning to me,” she said.
The exasperation is nothing new for Jack. She ordered the state last November to pay daily fines of $50,000 – it paid $150,000 – for violating a court order requiring caretakers to maintain 24-hour supervision of children in group foster homes.
Attorneys for nine children brought a class action in March 2011 on behalf of kids in the state’s long-term foster care, or “permanent managing conservatorship,” children who become state wards if a permanent home cannot be found for them after the state takes them from abusive or neglectful families.
After a 2014 bench trial, Jack issued a scathing order a year later finding “rape, abuse, psychotropic medication, and instability are the norm” for children in Texas’ “broken” and understaffed foster care system.
She appointed two special masters to oversee reforms she ordered, most of which were upheld by the Fifth Circuit last year.
Lead class counsel Paul Yetter, of the Houston firm Yetter Coleman, brought a contempt motion on July 2, alleging the state had not addressed “glaring safety risks” in its foster care system.
Under Jack’s order, before licensing inspectors make visits to residential centers they are supposed to review the reports of child abuse or neglect lodged against in the past five years and document they have reviewed it in the state’s computer system.
But Shaw said the Health and Human Services Commission only started doing this on Monday.
“The court’s remedial order has been in effect for over a year,” Yetter said, “affirmed by Fifth Circuit and your group HHSC is obligated to follow it. You just told court you did not implement technology to ensure your group is complying until five days ago?”
“Correct,” Shaw said.
“Why did it take so long?" Jack asked.
“We have to work within our resources,” Shaw replied.
“This is stunning,” Jack said. “This is just an entity that does not care what they are doing and does not care to follow the court’s order.”
Though Jack has ordered DFPS staff to make unannounced visits to group homes at night, to certify they have caretakers awake supervising children, many times the agency’s list of children does not match those at the homes, Jack said Friday.
A girl was kept on a home’s list for seven weeks after she hung herself there, the judge said.
“I’ll tell you this, HEB has a better tracking of their produce than DFPS does of children in their care,” she said, referring to the San Antonio-based supermarket chain.
Texas Department of Family Services Commissioner Jaime Masters also testified in the hearing. She agreed with Yetter it is concerning the state has only revoked the license of one youth residential center in the past 10 years, and said she was going to meet with HHSC Commissioner Cecile Young next week to discuss the problems cited by the special masters.
“It’s just good to hear somebody’s concerned,” said Jack.
Masters, who was appointed by Republican Governor Greg Abbott in December 2019, is the department’s fourth commissioner in the last 10 years. In Friday’s hearing, Jack urged her not to quit and Yetter commended her “refreshing attitude toward reform.”
But Yetter said Texas is still fighting reforms with the litigation approaching its 10th year.
In a July 24 opposition to Yetter’s contempt motion, state attorneys wrote, “Implementation of lasting change requires two to four years and is best accomplished in iterative phases.”
Yetter said in Friday’s videoconference hearing that after decades of noncompliance, Texas is running a “system that continues to hurt and endanger thousands of children.”
“It is high time for these children to become a priority No. 1 for the state of Texas,” he said.
Jack gave Yetter a month to prepare findings of fact for her contempt order.
“I may begin some fines now for things that are just outrageous,” she said.
But she said if she slaps the Department of Family and Protective Services with any contempt order, she will give it 30 days to get in line and hold a compliance hearing.
“It may not result in any sanctions,” she said.


Timber Project

DENVER — A group of residents from Leadville , Colorado , failed to show the U.S. Forest Service improperly approved @ @ @ @ @ the Upper Fryingpan Valley , a federal court in Colorado ruled .
The residents claimed @ @ @ @ @ climate impact because of the biomass fuel it would generate , disruptions to the soil @ @ @ @ @


College Coach

SAN JOSE , Calif. — A federal court in California dismissed the NCAA from a suit brought by college athletes @ @ @ @ @ assaulted by a track and field coach .
Their claims against the coach stand , @ @ @ @ @ that they are barred by the statute of limitations .
”


Sunglasses

JACKSONVILLE , Fla. — A federal court in Florida preliminarily approved a settlement in a class action against sunglasses company @ @ @ @ @ its warranty agreement .


Excessive Force

ATLANTA — The 11th Circuit revived an excessive force complaint against a police officer who shot and killed a man @ @ @ @ @ the man ’ s attempt to help a stray dog he had found in a @ @ @ @ @ jury could determine that it was unreasonable for the officer to shoot the man without @ @ @ @ @ , who did not want to fill out paperwork at the animal shelter , argued @ @ @ @ @ the scene and struggled with them when they attempted to arrest him .

The Eleventh Circuit revived an excessive force complaint against a police officer who shot and killed a man during an altercation arising from the man’s attempt to help a stray dog he had found in a Walmart parking lot. A jury could determine that it was unreasonable for the officer to shoot the man without any warning.
ATLANTA — The 11th Circuit revived an excessive force complaint against a police officer who shot and killed a man during an altercation arising from the man’s attempt to help a stray dog he had found in a Walmart parking lot. A jury could determine that it was unreasonable for the officer to shoot the man without any warning.
The man, who did not want to fill out paperwork at the animal shelter, argued with officers who responded to the scene and struggled with them when they attempted to arrest him.


courthousenews--2020-09-05--Uber Data Class Action

Uber Data Class Action

SAN FRANCISCO — The Ninth Circuit ruled against an Uber driver who claimed he fell within an exemption in the @ @ @ @ @ drives passengers who are engaged in interstate travel .
The driver must arbitrate his class @ @ @ @ @ failed to safeguard the personal data of drivers and riders .


courthousenews--2020-09-05--No 7th Trial for Mississippi Man Freed From Prison in 2019

JACKSON , Miss .
( AP ) — A Mississippi man freed last year after 22 years in prison will not be tried a seventh time in a quadruple murder case , a judge ruled Friday after prosecutors told him they no longer had any credible witnesses .
Curtis Flowers was convicted multiple times in a bloody slaying and robbery at a small-town furniture store in 1996 .
The U.S. Supreme Court threw out the most recent conviction in June 2019 , citing racial bias in jury selection .
“ Today , I am finally free from the injustice that @ @ @ @ @ @ @ nearly twenty three years , ” Flowers said in a statement released by his lawyer .
“ I ’ ve been asked if I ever thought this day would come .
I have been blessed with a family that never gave up on me and with them by my side , I knew it would.
” Montgomery County Circuit Judge Joseph Loper signed the order Friday after the state attorney general ’ s office , which had taken over the case , admitted the evidence was too weak to proceed with another trial @ @ @ @ @ @ @ , there is no key prosecution witness … who is alive and available and has not had multiple , conflicting statements in the record , ” Assistant Attorney General Mary Helen Wall wrote in a filing presented to Loper on Friday .
Four people were shot to death on July 16 , 1996 , in the Tardy Furniture store in Winona .
They were owner Bertha Tardy , 59 , and three employees : 45-year-old Carmen Rigby , 42-year-old Robert Golden and 16-year-old Derrick “ Bobo ” Stewart .
Relatives of some of @ @ @ @ @ @ @ Flowers is the killer .
Flowers was convicted four times in the slayings : twice for individual slayings and twice for all four killings .
Two other trials involving all four deaths ended in mistrials .
Each of Flowers ’ convictions was overturned .
In June 2019 , the U.S. Supreme Court tossed out the conviction and death sentence from Flowers ’ sixth trial , which took place in 2010 .
Justices said prosecutors showed an unconstitutional pattern of excluding African American jurors in the trials of Flowers , who is Black .
@ @ @ @ @ @ @ Public Media ’ s “ In the Dark ” investigated the case .
Crucially , the podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him .
Hallmon ’ s story of the confession had been key evidence in later trials , but he told the podcast on a contraband cellphone from behind bars that his story was “ a bunch of fantasies , a bunch of lying.
” “ The only witness who offered direct evidence of guilt recanted his prior testimony , @ @ @ @ @ @ @ Mr .
Flowers made a jailhouse confession to the murders , ” Wall wrote Friday .
The podcast also presented an analysis finding a long history of racial bias in jury selection by Montgomery County District Attorney Doug Evans , and found evidence suggesting another man may have committed the crimes .
Evans stepped aside from the case after State Attorney General Lynn Fitch took office in January .
“ This prosecution was flawed from the beginning and was tainted throughout by racial discrimination , ” said defense lawyer Rob McDuff of the @ @ @ @ @ @ @ should never have occurred and lasted far too long , but we are glad it is finally over.
” After the Supreme Court ruling , Flowers was moved off death row at the Mississippi State Penitentiary at Parchman and taken to a regional jail in the central Mississippi town of Louisville .
He remained in custody because the original murder indictment was still active .
At the request of Flowers ’ attorneys , Loper set bond at $ 250,000 , with Flowers released in December after 10 % of that amount was posted @ @ @ @ @ @ @ but $ 10 of the $ 25,000 should be returned to Matthew Popoli , who donated the money to support Flowers .
Popoli had remained anonymous until Friday .
Winona sits near the crossroads of Interstate 55 , the major north-south artery in Mississippi , and U.S. Highway 82 , which runs east to west .
It about a half-hour ’ s drive from the flatlands of the Mississippi Delta .
Among its 4,300 residents , about 48 % are Black and 44 % are white .
Census Bureau figures show that about @ @ @ @ @ @ @ EMILY WAGSTER PETTUS and JEFF AMY Associated Press

A Mississippi man freed last year after 22 years in prison will not be tried a seventh time in a quadruple murder case, a judge ruled Friday after prosecutors told him they no longer had any credible witnesses.
JACKSON, Miss. (AP) — A Mississippi man freed last year after 22 years in prison will not be tried a seventh time in a quadruple murder case, a judge ruled Friday after prosecutors told him they no longer had any credible witnesses.
Curtis Flowers was convicted multiple times in a bloody slaying and robbery at a small-town furniture store in 1996. The U.S. Supreme Court threw out the most recent conviction in June 2019, citing racial bias in jury selection.
"Today, I am finally free from the injustice that left me locked in a box for nearly twenty three years," Flowers said in a statement released by his lawyer. "I've been asked if I ever thought this day would come. I have been blessed with a family that never gave up on me and with them by my side, I knew it would."
Montgomery County Circuit Judge Joseph Loper signed the order Friday after the state attorney general's office, which had taken over the case, admitted the evidence was too weak to proceed with another trial.
"As the evidence stands today, there is no key prosecution witness ... who is alive and available and has not had multiple, conflicting statements in the record," Assistant Attorney General Mary Helen Wall wrote in a filing presented to Loper on Friday.
Four people were shot to death on July 16, 1996, in the Tardy Furniture store in Winona. They were owner Bertha Tardy, 59, and three employees: 45-year-old Carmen Rigby, 42-year-old Robert Golden and 16-year-old Derrick "Bobo" Stewart. Relatives of some of the victims have maintained their belief that Flowers is the killer.
Flowers was convicted four times in the slayings: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials.
Each of Flowers' convictions was overturned. In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers' sixth trial, which took place in 2010. Justices said prosecutors showed an unconstitutional pattern of excluding African American jurors in the trials of Flowers, who is Black.
The Supreme Court ruling came after American Public Media's "In the Dark" investigated the case. Crucially, the podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him. Hallmon's story of the confession had been key evidence in later trials, but he told the podcast on a contraband cellphone from behind bars that his story was "a bunch of fantasies, a bunch of lying."
"The only witness who offered direct evidence of guilt recanted his prior testimony, admitting he was lying when he said Mr. Flowers made a jailhouse confession to the murders," Wall wrote Friday.
The podcast also presented an analysis finding a long history of racial bias in jury selection by Montgomery County District Attorney Doug Evans, and found evidence suggesting another man may have committed the crimes. Evans stepped aside from the case after State Attorney General Lynn Fitch took office in January.
"This prosecution was flawed from the beginning and was tainted throughout by racial discrimination," said defense lawyer Rob McDuff of the Mississippi Center for Justice. "It should never have occurred and lasted far too long, but we are glad it is finally over."
After the Supreme Court ruling, Flowers was moved off death row at the Mississippi State Penitentiary at Parchman and taken to a regional jail in the central Mississippi town of Louisville. He remained in custody because the original murder indictment was still active.
At the request of Flowers' attorneys, Loper set bond at $250,000, with Flowers released in December after 10% of that amount was posted. The judge ruled Friday that all but $10 of the $25,000 should be returned to Matthew Popoli, who donated the money to support Flowers. Popoli had remained anonymous until Friday.
Winona sits near the crossroads of Interstate 55, the major north-south artery in Mississippi, and U.S. Highway 82, which runs east to west. It about a half-hour's drive from the flatlands of the Mississippi Delta. Among its 4,300 residents, about 48% are Black and 44% are white. Census Bureau figures show that about 30% live in poverty.
By EMILY WAGSTER PETTUS and JEFF AMY Associated Press


courthousenews--2020-09-06--Colleges Using Covid Dorms, Quarantines to Keep Virus at Bay

STORRS , Conn. ( AP ) — With the coronavirus spreading through colleges at alarming rates , universities are scrambling to find quarantine locations in dormitory buildings and off-campus properties to isolate the thousands of students who have caught Covid-19 or been exposed to it .
Sacred Heart University has converted a 34-room guest house at the former Connecticut headquarters of General Electric to quarantine students .
The University of South Carolina ran out of space at a dormitory for quarantined students and began sending them to rooms it rented in hotel-like quarters at a training center for prosecutors .
@ @ @ @ @ @ @ to hotels to free up space on its Colorado base for quarantines .
The actions again demonstrate how the virus has uprooted traditional campus life amid a pandemic that has killed nearly 200,000 people in the U.S. and proven to be especially problematic for universities since the start of the school year .
Many colleges quickly scrapped in-person learning in favor of online after cases began to spike , bars have been shut down in college towns , and students , fraternities and sororities have been repeatedly disciplined for parties and large gatherings @ @ @ @ @ @ @ coronavirus task force member Dr. Deborah Birx have been urging colleges to keep students on campus to avoid them infecting members of their family and community .
At Sacred Heart , which acquired the 66-acre GE campus in 2016 , the guest house that once provided rooms for visiting corporate executives will be used for the rest of the year to isolate any of its 3,000 students who test positive for COVID-19 and are unable to return home , said Gary MacNamara , the school ’ s director of public safety .
Rooms @ @ @ @ @ @ @ TVs and work stations for remote learning .
Heath officials will do periodic check-ups , security is stationed outside and card swipes keep track of who enters or leaves .
“ With all the stress and fear a student may have if in isolation we believe we need to make it as comfortable as possible , ” MacNamara said .
“ This guest house helps us accomplish that.
” But not every situation is as comfortable .
Ryan Bologna has been locked in his dorm room at the University of Connecticut since 12 @ @ @ @ @ @ @ week .
He ’ s allowed to go to a dining hall next door , but has had no other contact with the outside world .
Zoom classes and virtual marching band practice and video gaming are not what the communications major had envisioned for the start of his senior year .
“ I do have friends I ’ ve made throughout the years that I can talk to , ” he said .
“ But If I were a freshman , I ’ d be really struggling right now as far as @ @ @ @ @ @ @ to be working in states like Connecticut , where the infection rate at UConn on Thursday was 1.34 % among residential students tested for the virus .
But the results haven ’ t been as good elsewhere .
The University of Alabama recently informed students in half of a five-story complex that they had to move to other housing to make room for infected or potentially infected students , because two other quarantine-and-isolation facilities would reach capacity .
So far , more than 1,000 students on the Tuscaloosa campus have tested positive since @ @ @ @ @ @ @ system ’ s online dashboard showed its quarantine housing was 36 % full .
The university banned on-campus events for two weeks and the city of Tuscaloosa ordered bars closed amid concern about virus spread .
The football-obsessed school is still planning to allow fans for games — with a ban on tailgating — when the Crimson Tide begin their season this month .
Freshman Zachary Bourg , 18 , spent 10 days in a quarantine dorm after testing positive on Aug. 23 .
He ’ s now back in his regular room @ @ @ @ @ @ @ for the fall semester , ” he said .
“ But if cases continue to rise at the rate they are then the likelihood of that occurring is starting to get lower.
” The University of South Carolina has about 35,000 students on its main Columbia campus .
More than 1,400 have tested positive for Covid-19 so far , with many more ordered into quarantine after exposure to Covid-positive students .
They were first housed in a dormitory called Bates West , where some students are allowed to room together .
But once @ @ @ @ @ @ @ to off-campus at a training center for prosecutors .
“ We do feel like we can surge additional space , either on campus or nearby , to support the students , ” said Larry Thomas , a school spokesman .
Brown University has delayed the start in-person learning until next month at the earliest because of concerns over where to put those who might test positive .
Schools such as Georgia College & State University , a 7,000-student school in Milledgeville which has reported more than 600 cases since the beginning of August @ @ @ @ @ @ @ have COVID-19 , they should leave campus .
There ’ s a debate in the health community about whether to send students home or keep them in quarantine .
Dr. Joseph Gerald , associate professor of public health policy and management at the University of Arizona , said the idea of identifying cases , contact tracing and quarantining is the right approach .
He said it ’ s just going to be hard to do in dorms , frat houses or places where students congregate .
“ One of the things we ’ @ @ @ @ @ @ @ of Arizona is what to do with multi-story buildings , where kids need to get to their rooms , but we have one or two elevators , ” he said .
“ It ’ s not really possible to make an elevator safe.
” Dr. Peter Hotez , a Baylor College of Medicine infectious disease expert , dean of the National School for Tropical Medicine and co-director Texas Children ’ s Hospital Center for Vaccine Development said many colleges simply can not open safely .
“ There ’ s only so much you @ @ @ @ @ @ @ and testing , ” he said .
“ That will help get you about 20 % to 30 % of the way , the other 70 % is whether you have an adequate suppression of transmission .
You might get away with it at Bowdoin College … but clearly it ’ s going to fail at the University of Alabama , the University of Georgia and places like that.
” By PAT EATON-ROBB and JEFF AMY Associated Press

With the coronavirus spreading through colleges at alarming rates, universities are scrambling to find quarantine locations in dormitory buildings and off-campus properties to isolate the thousands of students who have caught Covid-19 or been exposed to it.
STORRS, Conn. (AP) — With the coronavirus spreading through colleges at alarming rates, universities are scrambling to find quarantine locations in dormitory buildings and off-campus properties to isolate the thousands of students who have caught Covid-19 or been exposed to it.
Sacred Heart University has converted a 34-room guest house at the former Connecticut headquarters of General Electric to quarantine students. The University of South Carolina ran out of space at a dormitory for quarantined students and began sending them to rooms it rented in hotel-like quarters at a training center for prosecutors. The Air Force Academy sent 400 cadets to hotels to free up space on its Colorado base for quarantines.
The actions again demonstrate how the virus has uprooted traditional campus life amid a pandemic that has killed nearly 200,000 people in the U.S. and proven to be especially problematic for universities since the start of the school year. Many colleges quickly scrapped in-person learning in favor of online after cases began to spike, bars have been shut down in college towns, and students, fraternities and sororities have been repeatedly disciplined for parties and large gatherings.
Health officials such as White House coronavirus task force member Dr. Deborah Birx have been urging colleges to keep students on campus to avoid them infecting members of their family and community.
At Sacred Heart, which acquired the 66-acre GE campus in 2016, the guest house that once provided rooms for visiting corporate executives will be used for the rest of the year to isolate any of its 3,000 students who test positive for COVID-19 and are unable to return home, said Gary MacNamara, the school's director of public safety.
Rooms are stocked with snacks and equipped with TVs and work stations for remote learning. Heath officials will do periodic check-ups, security is stationed outside and card swipes keep track of who enters or leaves.
"With all the stress and fear a student may have if in isolation we believe we need to make it as comfortable as possible," MacNamara said. "This guest house helps us accomplish that."
But not every situation is as comfortable.
Ryan Bologna has been locked in his dorm room at the University of Connecticut since 12 cases were found in his building last week. He's allowed to go to a dining hall next door, but has had no other contact with the outside world.
Zoom classes and virtual marching band practice and video gaming are not what the communications major had envisioned for the start of his senior year.
"I do have friends I've made throughout the years that I can talk to," he said. "But If I were a freshman, I'd be really struggling right now as far as the social aspect."
Isolating students seems to be working in states like Connecticut, where the infection rate at UConn on Thursday was 1.34% among residential students tested for the virus.
But the results haven't been as good elsewhere.
The University of Alabama recently informed students in half of a five-story complex that they had to move to other housing to make room for infected or potentially infected students, because two other quarantine-and-isolation facilities would reach capacity.
So far, more than 1,000 students on the Tuscaloosa campus have tested positive since mid-August. As of Thursday, the system's online dashboard showed its quarantine housing was 36% full.
The university banned on-campus events for two weeks and the city of Tuscaloosa ordered bars closed amid concern about virus spread. The football-obsessed school is still planning to allow fans for games — with a ban on tailgating — when the Crimson Tide begin their season this month.
Freshman Zachary Bourg, 18, spent 10 days in a quarantine dorm after testing positive on Aug. 23. He's now back in his regular room.
"I want to stay here for the fall semester," he said. "But if cases continue to rise at the rate they are then the likelihood of that occurring is starting to get lower."
The University of South Carolina has about 35,000 students on its main Columbia campus. More than 1,400 have tested positive for Covid-19 so far, with many more ordered into quarantine after exposure to Covid-positive students.
They were first housed in a dormitory called Bates West, where some students are allowed to room together. But once that filled the university began sending students to off-campus at a training center for prosecutors.
"We do feel like we can surge additional space, either on campus or nearby, to support the students," said Larry Thomas, a school spokesman.
Brown University has delayed the start in-person learning until next month at the earliest because of concerns over where to put those who might test positive. Schools such as Georgia College & State University, a 7,000-student school in Milledgeville which has reported more than 600 cases since the beginning of August, are telling students that if they have COVID-19, they should leave campus.
There's a debate in the health community about whether to send students home or keep them in quarantine.
Dr. Joseph Gerald, associate professor of public health policy and management at the University of Arizona, said the idea of identifying cases, contact tracing and quarantining is the right approach. He said it's just going to be hard to do in dorms, frat houses or places where students congregate.
"One of the things we're struggling with here at the University of Arizona is what to do with multi-story buildings, where kids need to get to their rooms, but we have one or two elevators," he said. "It's not really possible to make an elevator safe."
Dr. Peter Hotez, a Baylor College of Medicine infectious disease expert, dean of the National School for Tropical Medicine and co-director Texas Children's Hospital Center for Vaccine Development said many colleges simply cannot open safely.
"There's only so much you can do with Plexiglas and social distancing and testing," he said. "That will help get you about 20% to 30% of the way, the other 70% is whether you have an adequate suppression of transmission. You might get away with it at Bowdoin College … but clearly it's going to fail at the University of Alabama, the University of Georgia and places like that."
By PAT EATON-ROBB and JEFF AMY Associated Press