courthousenews--2020-07-09--Biden Proposes $700 Billion ‘Buy American’ Campaign

( AP ) — Launching an economic pitch expected to anchor his fall presidential campaign , Democratic candidate Joe Biden is proposing sweeping new uses of the federal government ’ s regulatory and spending power to bolster U.S. manufacturing and technology firms .
Biden calls for a $ 400 billion , four-year increase in government purchasing of U.S.-based goods and services plus $ 300 billion in new research and development in U.S. technology .
Among other policies expected to be announced Thursday , he proposes tightening “ Buy American ” laws that are intended to benefit U.S. firms but can @ @ @ @ @ @ @ An outline released by Biden ’ s campaign touts his long-standing promises to strengthen workers ’ collective bargaining rights and repeal Republican-backed tax breaks for U.S. corporations that move jobs overseas .
“ This will be the largest mobilization of public investments in procurement , infrastructure and ( research and development ) since World War II , ” senior adviser Jake Sullivan told The Associated Press , adding that Biden would require that effort in domestic markets before negotiating any new international trade deals .
The former vice president will discuss the proposals @ @ @ @ @ @ @ Dunmore , Pennsylvania .
It ’ s the first of a series of addresses Biden plans as he shifts his line of attack against President Trump to the economy .
It ’ s political turf the Republican incumbent once considered an advantage before the coronavirus pandemic drove unemployment to near-Depression levels .
An opening emphasis on manufacturing and labor policy is no coincidence : Biden wants to capitalize on his union ties and deliver on oft-made claims he can win back working-class voters who fueled Trump ’ s upset win four years ago @ @ @ @ @ @ @ with an energy plan to combat the climate crisis and a third package on what the campaign has dubbed the “ caring economy , ” with a focus on making child care and elder care more affordable and less of an impediment to working-age Americans .
Campaign aides told reporters that all of Biden ’ s policies would target immediate recovery from the pandemic recession and address systemic inequalities Biden says are “ laid bare ” by the nation ’ s ongoing reckoning with racism .
“ What ’ s going on here @ @ @ @ @ @ @ not just to where we were but build back better than we ’ ve ever been , ” Biden told the International Brotherhood of Electrical Workers on Wednesday .
“ We ’ re going to take a monumental step forward for the prosperity , power , safety and dignity of all American workers.
” The Democrat ’ s agenda carries at least some rhetorical echoes of Trump ’ s “ America First ” philosophy , but the former vice president ’ s aides describe his approach as more coherent .
They cast Trump @ @ @ @ @ @ @ trade negotiations with other nations as a slapdash isolationism compromised by tax policies that enrich multinational corporations .
The Biden campaign also pointed to an uptick in foreign procurement and continued outsourcing of jobs by U.S.-based corporations during Trump ’ s presidency .
Republicans nonetheless have made clear they will attack Biden on trade and the economy , framing the Democratic establishment figure as a tool of the far left on taxes and a willing participant in decades of trade policy that gutted American workers .
Trump also has lampooned Biden as “ @ @ @ @ @ @ @ at least , it ’ s a similar line of attack Biden withstood from the Democratic primary runner-up , Sen. Bernie Sanders , and one that Trump used effectively against Democratic nominee Hillary Clinton in 2016 .
Biden voted for the North American Free Trade Agreement in the Senate in 1994 , an anchor of Trump ’ s criticism and Sanders ’ attacks before that .
One of Trump ’ s achievements is an overhaul of NAFTA , which he accomplished with backing from many Democrats on Capitol Hill .
Since the 1990s @ @ @ @ @ @ @ Biden has advocated tighter controls in future trade deals , and he ’ s promised to have organized labor and the environmental movement at the table .
The campaign ’ s outline emphasizes that Biden wants a resurgence in U.S. markets before engaging in new trade deals abroad .
That includes joining the Trans-Pacific Partnership that Biden advocated when he served as President Barack Obama ’ s vice president .
Trump opposed TPP as a 2016 candidate .
China is not a TPP member .
Trump and Biden have called out China for @ @ @ @ @ @ @ Trump of instigating a trade war with a commensurate economic power that the president “ has no plan ” to win .
Biden ’ s team insisted his approach falls within World Trade Organization rules , but aides acknowledged that a Biden administration would try to modify an existing WTO deal , the Government Procurement Agreement , which effectively creates a shared open international market for participating governments to secure goods and services .
For now , Biden has not identified how he ’ d pay for the proposed new spending .
Aides @ @ @ @ @ @ @ all ongoing spending proposals but not for the one-time or short-term investments like the $ 700 billion in procurement and research .
That raises the possibility that Biden could declare that spending to be deliberate deficit spending to stimulate the struggling economy .

Launching an economic pitch expected to anchor his fall presidential campaign, Democratic candidate Joe Biden is proposing sweeping new uses of the federal government's regulatory and spending power to bolster U.S. manufacturing and technology firms.
(AP) — Launching an economic pitch expected to anchor his fall presidential campaign, Democratic candidate Joe Biden is proposing sweeping new uses of the federal government's regulatory and spending power to bolster U.S. manufacturing and technology firms.
Biden calls for a $400 billion, four-year increase in government purchasing of U.S.-based goods and services plus $300 billion in new research and development in U.S. technology. Among other policies expected to be announced Thursday, he proposes tightening "Buy American" laws that are intended to benefit U.S. firms but can be easily circumvented by government agencies.
Democratic presidential candidate former Vice President Joe Biden smiles while speaking during a roundtable on economic reopening with community members, Thursday, June 11, 2020, in Philadelphia. (AP Photo/Matt Slocum)
An outline released by Biden's campaign touts his long-standing promises to strengthen workers’ collective bargaining rights and repeal Republican-backed tax breaks for U.S. corporations that move jobs overseas.
"This will be the largest mobilization of public investments in procurement, infrastructure and (research and development) since World War II," senior adviser Jake Sullivan told The Associated Press, adding that Biden would require that effort in domestic markets before negotiating any new international trade deals.
The former vice president will discuss the proposals Thursday at a metal works concern in Dunmore, Pennsylvania. It's the first of a series of addresses Biden plans as he shifts his line of attack against President Trump to the economy. It's political turf the Republican incumbent once considered an advantage before the coronavirus pandemic drove unemployment to near-Depression levels.
An opening emphasis on manufacturing and labor policy is no coincidence: Biden wants to capitalize on his union ties and deliver on oft-made claims he can win back working-class voters who fueled Trump's upset win four years ago.
Biden will continue in coming weeks with an energy plan to combat the climate crisis and a third package on what the campaign has dubbed the "caring economy," with a focus on making child care and elder care more affordable and less of an impediment to working-age Americans. Campaign aides told reporters that all of Biden's policies would target immediate recovery from the pandemic recession and address systemic inequalities Biden says are "laid bare" by the nation's ongoing reckoning with racism.
"What's going on here, we need to build back, not just to where we were but build back better than we've ever been," Biden told the International Brotherhood of Electrical Workers on Wednesday. "We're going to take a monumental step forward for the prosperity, power, safety and dignity of all American workers."
The Democrat's agenda carries at least some rhetorical echoes of Trump's "America First" philosophy, but the former vice president's aides describe his approach as more coherent. They cast Trump's imposition of tariffs and uneven trade negotiations with other nations as a slapdash isolationism compromised by tax policies that enrich multinational corporations. The Biden campaign also pointed to an uptick in foreign procurement and continued outsourcing of jobs by U.S.-based corporations during Trump's presidency.
Republicans nonetheless have made clear they will attack Biden on trade and the economy, framing the Democratic establishment figure as a tool of the far left on taxes and a willing participant in decades of trade policy that gutted American workers. Trump also has lampooned Biden as "weak on China."
On trade, at least, it's a similar line of attack Biden withstood from the Democratic primary runner-up, Sen. Bernie Sanders, and one that Trump used effectively against Democratic nominee Hillary Clinton in 2016.
Biden voted for the North American Free Trade Agreement in the Senate in 1994, an anchor of Trump's criticism and Sanders' attacks before that. One of Trump's achievements is an overhaul of NAFTA, which he accomplished with backing from many Democrats on Capitol Hill. Since the 1990s, including during two presidential campaigns, Biden has advocated tighter controls in future trade deals, and he's promised to have organized labor and the environmental movement at the table.
The campaign's outline emphasizes that Biden wants a resurgence in U.S. markets before engaging in new trade deals abroad. That includes joining the Trans-Pacific Partnership that Biden advocated when he served as President Barack Obama's vice president. Trump opposed TPP as a 2016 candidate. China is not a TPP member.
Trump and Biden have called out China for unfair trade practices, but Biden accuses Trump of instigating a trade war with a commensurate economic power that the president "has no plan" to win.
Biden's team insisted his approach falls within World Trade Organization rules, but aides acknowledged that a Biden administration would try to modify an existing WTO deal, the Government Procurement Agreement, which effectively creates a shared open international market for participating governments to secure goods and services.
For now, Biden has not identified how he'd pay for the proposed new spending. Aides said he has identified revenue sources for all ongoing spending proposals but not for the one-time or short-term investments like the $700 billion in procurement and research. That raises the possibility that Biden could declare that spending to be deliberate deficit spending to stimulate the struggling economy.
By BILL BARROW


courthousenews--2020-07-09--Federal Judge Quashes GM’s Racketeering Suit Against Fiat Chrysler

DETROIT ( CN ) — A federal judge in Detroit ruled Wednesday that sweetheart deals motor conglomerate Fiat Chrysler got from the United Auto Workers by bribing their leaders hurt workers first and competitors second , dismissing a suit brought against the company by General Motors .
U.S. District Judge Paul Borman , a Clinton appointee , found that while Fiat Chrysler ( FCA ) had engaged in blatant corruption in its effort to undercut its competitors on labor costs , its ill-gotten gains were not a direct enough harm to General Motors to support its racketeering claims .
The @ @ @ @ @ @ @ back to Fiat ’ s 2009 acquisition of Chrysler .
Executives at the Italian automaker made an entrance onto the Detroit scene by showering UAW executive General Holiefield and other union leaders with gifts , cash and mortgage payments .
Those payments were at least partially taken from the UAW-Chrysler National Training Center , which Holiefield and FCA Vice President Alphons Iacobelli co-chaired .
Iacobelli diverted over $ 1 million in funds from the center , not only for bribes but for personal expenses , including his daughter ’ s student loans , @ @ @ @ @ @ @ a Ferrari .
Ten union officials and three FCA employees have been charged in relation to the scheme since it was revealed in 2017 , and several have been convicted .
Both Holiefield and FCA president Sergio Marchionne have died since it started , Holiefield in 2015 of pancreatic cancer and Marchionne in 2018 .
GM brought its lawsuit to U.S. District Court in the Eastern District of Michigan in 2018 under the Racketeer Influence and Corrupt Organizations Act , a provision of the Organized Crime Control Act of 1970 most famous for @ @ @ @ @ @ @ .
“ FCA Group betrayed our government ’ s and the U.S. auto industry ’ s trust and embarked on a systemic and near decade-long conspiracy to bribe senior union officials to corrupt the collective bargaining process and labor relations , ” GM wrote in its complaint .
It contended that FCA ’ s payments , meant to keep UAW leaders “ fat , dumb and happy , ” hurt its competitors in Detroit .
GM presented two theories for its contention that FCA caused it “ proximate harm , ” a requirement @ @ @ @ @ @ @ which convinced Borman .
The first held that FCA had secured “ unique competitive advantages ” which were denied to GM through its bribery scheme .
Borman , however , pointed out that GM was not alone in that regard .
“ The facts alleged indicate that the UAW would not give most of the concessions at issue to any company that was not bribing its officials , ” Borman wrote .
“ GM would never have had access to the same ‘ unique competitive advantages ’ unless it also bribed the UAW.
@ @ @ @ @ @ @ ’ alleged bribery scheme , ” he later added , “ are FCA ’ s workers.
” The second theory , which alleged that FCA had used its bribes to secure the lead company position in collective bargaining agreement negotiations in 2015 , fared no better .
Collective bargaining in the Motor City follows a “ pattern bargaining ” system , in which the UAW selects one of Detroit ’ s three major companies — GM , FCA and Ford — to finalize its first deal with .
The other two companies ’ @ @ @ @ @ @ @ with the first , since the UAW can leverage the first CBA as a template for the others .
FCA ’ s bribery compromised that process , GM alleged , and the company hurt its competitors by negotiating a CBA far more expensive to GM than it anticipated .
Drawn-out contract negotiations between GM and the UAW led workers to the brink of a strike in 2015 before the company caved and signed on to an agreement that followed Fiat ’ s lead .
The union has continually denied any link between bribes @ @ @ @ @ @ @ has denied directing payments .
Borman also found gaps in GM ’ s logic .
He pointed out that at the time of negotiations , FCA and the UAW were already under a federal investigation and had an incentive to prove that they were negotiating in good faith – so any generosity of a collective bargaining agreement was not necessarily directly targeted at GM .
Additionally , GM was able to reduce the cost impact of the pattern bargaining by about $ 400 million , damaging the idea that the “ weaponized ” @ @ @ @ @ @ @ GM claimed .
He concluded that it simply wasn ’ t a direct injury .
“ Even though some of GM ’ s unanticipated additional labor costs may have resulted from FCA ’ s scheme to use ‘ weaponized ’ pattern bargaining to weaken GM , ” Borman wrote , comparing those costs to the hypothetical costs of a GM- or Ford-led pattern bargaining process would extend too far into speculation for a RICO claim .
GM said in a statement that guilty pleas from former FCA executives provided enough evidence to show @ @ @ @ @ @ @ harmed GM .
FCA , meanwhile , praised the dismissal , saying that the case was meritless .
University of Michigan law and business professor Erik Gordon told the Associated Press that GM may have a shot on appeal despite the difficulty of proving RICO cases .
“ The harm seems like an unfair competitive advantage as a result of bribes , ” he said .
“ If two gymnastics teams are competing and one bribes the judges , does it matter if the judges give the briber more points or give the @ @ @ @ @ @ @ dismissal of the GM suit is one of a very few victories for FCA related to the 8-year bribery scheme .
In 2019 , the Sixth Circuit affirmed an Ohio federal judge ’ s decision to dismiss a class-action suit by UAW members working at FCA who alleged that the company ’ s bribes had incentivized the union to allow age discrimination .

A federal judge in Detroit ruled Wednesday that sweetheart deals motor conglomerate Fiat Chrysler got from the United Auto Workers by bribing their leaders hurt workers first and competitors second, dismissing a suit brought against the company by General Motors.
DETROIT (CN) — A federal judge ruled Wednesday that sweetheart deals motor conglomerate Fiat Chrysler got from the United Auto Workers by bribing their leaders hurt workers first and competitors second, dismissing a suit brought against the company by General Motors.
U.S. District Judge Paul Borman, a Clinton appointee, found that while Fiat Chrysler (FCA) had engaged in blatant corruption in its effort to undercut its competitors on labor costs, its ill-gotten gains were not a direct enough harm to General Motors to support its racketeering claims.
The suit stemmed from a bribery scheme dating back to Fiat’s 2009 acquisition of Chrysler. Executives at the Italian automaker made an entrance onto the Detroit scene by showering UAW executive General Holiefield and other union leaders with gifts, cash and mortgage payments.
Those payments were at least partially taken from the UAW-Chrysler National Training Center, which Holiefield and FCA Vice President Alphons Iacobelli co-chaired. Iacobelli diverted over $1 million in funds from the center, not only for bribes but for personal expenses, including his daughter’s student loans, two pens totalling over $75,000 and a Ferrari.
Ten union officials and three FCA employees have been charged in relation to the scheme since it was revealed in 2017, and several have been convicted. Both Holiefield and FCA president Sergio Marchionne have died since it started, Holiefield in 2015 of pancreatic cancer and Marchionne in 2018.
GM brought its lawsuit to U.S. District Court in the Eastern District of Michigan in 2018 under the Racketeer Influence and Corrupt Organizations Act, a provision of the Organized Crime Control Act of 1970 most famous for helping federal authorities rein in the mafia.
“FCA Group betrayed our government’s and the U.S. auto industry’s trust and embarked on a systemic and near decade-long conspiracy to bribe senior union officials to corrupt the collective bargaining process and labor relations,” GM wrote in its complaint. It contended that FCA’s payments, meant to keep UAW leaders “fat, dumb and happy,” hurt its competitors in Detroit.
GM presented two theories for its contention that FCA caused it “proximate harm,” a requirement for a RICO case, neither of which convinced Borman. The first held that FCA had secured “unique competitive advantages” which were denied to GM through its bribery scheme. Borman, however, pointed out that GM was not alone in that regard.
“The facts alleged indicate that the UAW would not give most of the concessions at issue to any company that was not bribing its officials,” Borman wrote. “GM would never have had access to the same ‘unique competitive advantages’ unless it also bribed the UAW.”
“The direct victims of Defendants’ alleged bribery scheme,” he later added, “are FCA’s workers.”
The second theory, which alleged that FCA had used its bribes to secure the lead company position in collective bargaining agreement negotiations in 2015, fared no better. Collective bargaining in the Motor City follows a “pattern bargaining” system, in which the UAW selects one of Detroit’s three major companies — GM, FCA and Ford — to finalize its first deal with.
The other two companies’ collective bargaining agreements typically largely follow suit with the first, since the UAW can leverage the first CBA as a template for the others.
FCA’s bribery compromised that process, GM alleged, and the company hurt its competitors by negotiating a CBA far more expensive to GM than it anticipated. Drawn-out contract negotiations between GM and the UAW led workers to the brink of a strike in 2015 before the company caved and signed on to an agreement that followed Fiat’s lead.
The union has continually denied any link between bribes and the contract negotiations, and FCA has denied directing payments.
Borman also found gaps in GM’s logic. He pointed out that at the time of negotiations, FCA and the UAW were already under a federal investigation and had an incentive to prove that they were negotiating in good faith - so any generosity of a collective bargaining agreement was not necessarily directly targeted at GM.
Additionally, GM was able to reduce the cost impact of the pattern bargaining by about $400 million, damaging the idea that the “weaponized” bargaining was so powerful a tool as GM claimed.
He concluded that it simply wasn’t a direct injury.
“Even though some of GM’s unanticipated additional labor costs may have resulted from FCA’s scheme to use ‘weaponized’ pattern bargaining to weaken GM,” Borman wrote, comparing those costs to the hypothetical costs of a GM- or Ford-led pattern bargaining process would extend too far into speculation for a RICO claim.
GM said in a statement that guilty pleas from former FCA executives provided enough evidence to show that it was involved in racketeering that harmed GM. FCA, meanwhile, praised the dismissal, saying that the case was meritless.
University of Michigan law and business professor Erik Gordon told the Associated Press that GM may have a shot on appeal despite the difficulty of proving RICO cases.
“The harm seems like an unfair competitive advantage as a result of bribes,” he said. “If two gymnastics teams are competing and one bribes the judges, does it matter if the judges give the briber more points or give the other team less points?”
The dismissal of the GM suit is one of a very few victories for FCA related to the 8-year bribery scheme. In 2019, the Sixth Circuit affirmed an Ohio federal judge’s decision to dismiss a class action by UAW members working at FCA who alleged that the company’s bribes had incentivized the union to allow age discrimination.


courthousenews--2020-07-09--Seventh Circuit Keeps Indiana Smokable Hemp Ban Alive

CHICAGO ( CN ) – Calling a trial court ’ s injunction too broad , the Seventh Circuit on Wednesday vacated an order prohibiting Indiana from enforcing a law banning the sale of smokable hemp products .
“ The Farm Law authorizes the states to continue to regulate the production of hemp , and its express preemption clause places no limitations on a state ’ s right to prohibit the cultivation or production of industrial hemp , ” wrote Chief U.S .
Circuit Judge Diane Wood , a Bill Clinton appointee , in a unanimous opinion of the three-judge panel @ @ @ @ @ @ @ Act 516 prohibiting the manufacture of smokable hemp does not fall within the ambit of the Farm Law ’ s express preemption clause.
” But in remanding the case back to federal court , Wood wrote that the appeals court ’ s decision should not be construed as it finding that a properly tailored injunction was not warranted .
“ It may well be that Indiana , in proscribing the possession of industrial hemp , has illegally prohibited the transportation of interstate shipments of industrial hemp , ” Wood wrote .
“ Should @ @ @ @ @ @ @ court may appropriately issue an injunction preventing Indiana from enforcing its law against those transporting smokable hemp through Indiana in interstate commerce.
” She added , “ A state can not evade the Farm Law ’ s express preemption of laws prohibiting the interstate transportation of industrial hemp by criminalizing its possession and delivery .
On remand , the district court should evaluate whether Indiana ’ s law violates the express preemption clause of the Farm Bill while keeping in mind the extent to which the Law reserves to the states the authority @ @ @ @ @ @ @ ” Attorneys for either side did not immediately respond to requests for comment late Wednesday night .
U.S .
Circuit Judges Frank Easterbrook and Michael Kanne , both Ronald Reagan appointees , joined Wood on the panel .
A lawsuit filed last year by the Midwest Hemp Council and several stores selling hemp products challenges the state ’ s May 2019 law banning the sale and transport of industrial hemp flowers and buds .
Senior U.S. District Judge Sarah Evans Barker in Indianapolis , a Reagan appointee , granted a preliminary injunction last @ @ @ @ @ @ @ of its law dealing with smokable hemp , which the state appealed .
During a telephone hearing before the Seventh Circuit in April , Deputy Solicitor General Kian Hudson argued that states have the right to pass laws that are more strict than federal laws .
“ The Indiana General Assembly chose to prohibit the production , possession , and delivery of smokable hemp in Indiana in order to protect the efforts of law enforcement in enforcing state drug laws and to avoid setbacks like those experienced in other states .
This prohibition @ @ @ @ @ @ @ s traditional police powers , furthers significant public interests , and outweighs any remote chance C.Y .
Wholesale has of prevailing on the merits , ” the state ’ s brief says , referring to the lead plaintiff .
Attorney Paul Vink of the Indianapolis firm Bose McKinney & Evans , arguing for the companies challenging the law , told the court , “ The new legislation is at best incomplete and at worst extremely vague as to what it purports to allow.
” He added that the law is unclear as to @ @ @ @ @ @ @ a licensed producer and what is a licensed handler .
The plaintiff companies also argued that the very requirement of a license hinders the transportation of hemp within the state .
Vink argued that the law also bans the sale of smokable hemp and by singling out one part of the plant , Indiana has changed the federal definition of hemp , which he said is something it is not authorized to do .
Further adding to the confusion of Barker ’ s order is her failure to enter a standalone document containing @ @ @ @ @ @ @ Federal Rules of Civil Procedure .
The appeals panel asked both attorneys about the significance of the omission and both took the position that it was not a jurisdictional flaw .
Though the Seventh Circuit agreed with that assessment , it did state in its opinion that it affected the clarity of the injunction .
Wood wrote that Barker ’ s order , “ broadly enjoined the portions of Act 516 that criminalize much more than transportation , including the manufacture , financing , delivery , or possession of smokable hemp .
It @ @ @ @ @ @ @ that breadth was necessary .
“ It seems to us that there is a missing step in the district court ’ s reasoning .
The failure to enter an independent injunction requires one to infer the scope of the injunction from the opinion , and regrettably , the opinion ’ s conclusion is not fully supported by its analysis .
The discipline of the separate-order rule would likely have averted this problem , and so we once again remind district judges not to overlook it .
”

Calling a trial court’s injunction too broad, the Seventh Circuit on Wednesday vacated an order prohibiting Indiana from enforcing a law banning the sale of smokable hemp products.
CHICAGO (CN) — Calling a trial court’s injunction too broad, the Seventh Circuit on Wednesday vacated an order prohibiting Indiana from enforcing a law banning the sale of smokable hemp products.
“The Farm Law authorizes the states to continue to regulate the production of hemp, and its express preemption clause places no limitations on a state’s right to prohibit the cultivation or production of industrial hemp,” wrote Chief U.S. Circuit Judge Diane Wood, a Bill Clinton appointee, in a unanimous opinion of the three-judge panel.
“Thus, the part of Act 516 prohibiting the manufacture of smokable hemp does not fall within the ambit of the Farm Law’s express preemption clause.”
But in remanding the case back to federal court, Wood wrote that the appeals court’s decision should not be construed as it finding that a properly tailored injunction was not warranted.
“It may well be that Indiana, in proscribing the possession of industrial hemp, has illegally prohibited the transportation of interstate shipments of industrial hemp,” Wood wrote. “Should that be the case, the district court may appropriately issue an injunction preventing Indiana from enforcing its law against those transporting smokable hemp through Indiana in interstate commerce.”
She added: “A state cannot evade the Farm Law’s express preemption of laws prohibiting the interstate transportation of industrial hemp by criminalizing its possession and delivery. On remand, the district court should evaluate whether Indiana’s law violates the express preemption clause of the Farm Bill while keeping in mind the extent to which the Law reserves to the states the authority to regulate the production of industrial hemp.”
Attorneys for either side did not immediately respond to requests for comment late Wednesday night.
U.S. Circuit Judges Frank Easterbrook and Michael Kanne, both Ronald Reagan appointees, joined Wood on the panel.
A lawsuit filed last year by the Midwest Hemp Council and several stores selling hemp products challenges the state’s May 2019 law banning the sale and transport of industrial hemp flowers and buds.
Senior U.S. District Judge Sarah Evans Barker in Indianapolis, a Reagan appointee, granted a preliminary injunction last September prohibiting Indiana from enforcing the portions of its law dealing with smokable hemp, which the state appealed.
During a telephone hearing before the Seventh Circuit in April, Deputy Solicitor General Kian Hudson argued that states have the right to pass laws that are more strict than federal laws.
“The Indiana General Assembly chose to prohibit the production, possession, and delivery of smokable hemp in Indiana in order to protect the efforts of law enforcement in enforcing state drug laws and to avoid setbacks like those experienced in other states. This prohibition is a valid exercise of Indiana’s traditional police powers, furthers significant public interests, and outweighs any remote chance C.Y. Wholesale has of prevailing on the merits,” the state’s brief says, referring to the lead plaintiff.
Attorney Paul Vink of the Indianapolis firm Bose McKinney & Evans, arguing for the companies challenging the law, told the court, “The new legislation is at best incomplete and at worst extremely vague as to what it purports to allow.”
He added that the law is unclear as to who needs a license, what is a licensed producer and what is a licensed handler.
The plaintiff companies also argued that the very requirement of a license hinders the transportation of hemp within the state.
Vink argued that the law also bans the sale of smokable hemp and by singling out one part of the plant, Indiana has changed the federal definition of hemp, which he said is something it is not authorized to do.
Further adding to the confusion of Barker’s order is her failure to enter a standalone document containing the injunction, as required by the Federal Rules of Civil Procedure.
The appeals panel asked both attorneys about the significance of the omission and both took the position that it was not a jurisdictional flaw. Though the Seventh Circuit agreed with that assessment, it did state in its opinion that it affected the clarity of the injunction.
Wood wrote that Barker’s order, “broadly enjoined the portions of Act 516 that criminalize much more than transportation, including the manufacture, financing, delivery, or possession of smokable hemp. It did so without any explanation of why that breadth was necessary.
“It seems to us that there is a missing step in the district court’s reasoning. The failure to enter an independent injunction requires one to infer the scope of the injunction from the opinion, and regrettably, the opinion’s conclusion is not fully supported by its analysis. The discipline of the separate-order rule would likely have averted this problem, and so we once again remind district judges not to overlook it.”


courthousenews--2020-07-09--Police Charge Driver With Killing of Seattle Protester

SEATTLE ( CN ) — The driver who hit and killed a Black Lives Matter protester and injured another was charged Wednesday with vehicular homicide , two counts of vehicular assault and reckless driving .
Dawit Kelete drove the wrong way onto the I-5 , struck two protesters who were part of a demonstration blocking traffic and drove away in the early morning of July 4 , according to the Washington State Patrol .
He was arrested a short time later .
Summer Taylor , 24 , died the next day from her injuries and Diaz Love is currently hospitalized @ @ @ @ @ @ @ , who is representing Kelete , said it was a “ horrible accident.
” “ There ’ s absolutely nothing political about this case whatsoever , ” Browne told The Associated Press .
“ My client is in tears .
He ’ s very remorseful .
He feels tremendous guilt.
” Kelete is being held on $ 1.2 million bail , according to the King County Prosecuting Attorney ’ s Office .
A security camera captured Kelete ’ s car driving the wrong way up a ramp and onto the road at freeway @ @ @ @ @ @ @ according to charging documents .
Prosecutors said Kelete ’ s car contained tools for smoking illegal substances and a substance that appeared to be crystal meth .
Kelete also told jail personnel he was addicted to prescription painkillers , according to court records .
Summer Taylor ’ s mother Dalia Taylor said Summer , who used they pronouns , had “ a heart full of empathy , ” at a press conference on Wednesday .
“ That is why I knew no matter how much I might want to ask them to stay @ @ @ @ @ @ @ , ‘ Mom , if you are black in this country it isn ’ t even safe to be alive , ’ and they were right .
So even in death , we want Summer ’ s passion as an ally to continue lifting up black lives in Seattle and all over our country .
There is a lot left to do , ” Taylor said .
Love posted on Facebook Sunday that she was in pain , but stable .
“ In a lot of pain .
I can not believe Summer @ @ @ @ @ @ @ murder would make us back down , they are very wrong .
Very wrong , ” the post said .
The protests shutting down the freeway were part of nightly demonstrations occurring in Seattle since the killing of George Floyd , a black man killed by a white police officer in Minneapolis .
Protesters will no longer be allowed to enter the freeway , the State Patrol announced this weekend after the hit-and-run .
“ We ’ re only going to close it if we absolutely have to for public safety , whereas @ @ @ @ @ @ @ Capt .
Ron Mead said .
King County Sheriff ’ s Office detective Mike Brown , who is also Governor Jay Inslee ’ s cousin , has been placed on administrative leave after saying “ All lives splatter , ” in a social media post over the weekend .
His post also had a graphic with a vehicle running people over .
“ The language is unacceptable and just flat wrong , particularly from a law enforcement officer , as we try to heal the divisions of our community , ” Inslee wrote @ @ @ @ @ @ @ take swift action to thoroughly investigate when the conduct of Sheriff ’ s Office members fails to reflect our core values and violates Sheriff ’ s Office policy , ” Sheriff Mitzi Johanknecht said in a statement .

The driver who hit and killed a Black Lives Matter protester and injured another was charged Wednesday with vehicular homicide, two counts of vehicular assault and reckless driving.
SEATTLE (CN) — The driver who hit and killed a Black Lives Matter protester and injured another was charged Wednesday with vehicular homicide, two counts of vehicular assault and reckless driving.
Dawit Kelete drove the wrong way onto the I-5, struck two protesters who were part of a demonstration blocking traffic and drove away in the early morning of July 4, according to the Washington State Patrol. He was arrested a short time later.
Summer Taylor, 24, died the next day from her injuries and Diaz Love is currently hospitalized in serious condition.
John Henry Browne, who is representing Kelete, said it was a “horrible accident.”
“There’s absolutely nothing political about this case whatsoever,” Browne told The Associated Press. “My client is in tears. He’s very remorseful. He feels tremendous guilt.”
Kelete is being held on $1.2 million bail, according to the King County Prosecuting Attorney’s Office.
A security camera captured Kelete’s car driving the wrong way up a ramp and onto the road at freeway speeds where the protesters were standing, according to charging documents.
Prosecutors said Kelete’s car contained tools for smoking illegal substances and a substance that appeared to be crystal meth.
Kelete also told jail personnel he was addicted to prescription painkillers, according to court records.
Summer Taylor’s mother Dalia Taylor said Summer, who used they pronouns, had “a heart full of empathy,” at a press conference on Wednesday.
"That is why I knew no matter how much I might want to ask them to stay safe during protests they would just say, 'Mom, if you are black in this country it isn't even safe to be alive,' and they were right. So even in death, we want Summer’s passion as an ally to continue lifting up black lives in Seattle and all over our country. There is a lot left to do,” Taylor said.
Love posted on Facebook Sunday that she was in pain, but stable.
“In a lot of pain. I cannot believe Summer was murdered. If they thought this murder would make us back down, they are very wrong. Very wrong,” the post said.
The protests shutting down the freeway were part of nightly demonstrations occurring in Seattle since the killing of George Floyd, a black man killed by a white police officer in Minneapolis.
Protesters will no longer be allowed to enter the freeway, the State Patrol announced this weekend after the hit-and-run.
“We’re only going to close it if we absolutely have to for public safety, whereas before we were closing proactively,” Capt. Ron Mead said.
King County Sheriff’s Office detective Mike Brown, who is also Governor Jay Inslee’s cousin, has been placed on administrative leave after saying “All lives splatter,” in a social media post over the weekend. His post also had a graphic with a vehicle running people over.
“The language is unacceptable and just flat wrong, particularly from a law enforcement officer, as we try to heal the divisions of our community,” Inslee wrote in a tweet.
“I will take swift action to thoroughly investigate when the conduct of Sheriff’s Office members fails to reflect our core values and violates Sheriff’s Office policy,” Sheriff Mitzi Johanknecht said in a statement.


courthousenews--2020-07-10--Bollocks! Judge Advances Fight Over California DMV Licence Plate Rules

OAKLAND , Calif. ( CN ) — A fan of the heavy metal band Slayer , a British-themed pub owner , a man who wants to take back the term “ queer ” from bigots , and a motorcycle aficionada have one thing in common : They ’ ve all run afoul of the personalized license plate censor at the California DMV .
They ’ ve also all sued the state agency , claiming it uses a vague , discriminatory policy to arbitrarily reject personalized plate ideas it deems “ offensive to good taste and decency .
This week , @ @ @ @ @ @ @ In a 12-page opinion , U.S. District Judge Jon Tigar found a lawsuit brought by five Californians can advance to the next stage of litigation because it plausibly alleges the state uses a “ facially unconstitutional ” regulation for approving personalized license plates .
“ It ’ s a great initial victory for our clients and for all Californians who seek to express their personalized messages on personalized license plates , ” said plaintiffs ’ attorney Wencong Fa of the Pacific Legal Foundation in Sacramento .
Lead plaintiff Paul Ogilvie , a disabled @ @ @ @ @ @ @ s Department of Motor Vehicles on March 10 after it rejected his request for a plate stating “ OGWOOLF , ” a military nickname .
The DMV believed it contained a reference to a gang affiliation .
The DMV also rejected a request for a “ SLAAYR ” plate , paying homage to the California rock band , because it was deemed “ threatening , aggressive , or hostile.
” A gay man who started a Queer Folks Records label and sought to reclaim the word “ queer ” had his request for @ @ @ @ @ @ @ well .
DMV found it “ insulting , degrading or expressing contempt for a specific person or group.
” Additionally , the state refused to permit a plate requested by plaintiff Andrea Campanile , who owns two Ducati motorcycles .
The “ DUK N A ” plate was intended to represent “ Ducati and Andrea , ” but the DMV deemed it “ profane or obscene.
” Plaintiff Paul Crawford owns the Shakespeare Pub in San Diego , boasting a wide selection of British ales and what locals have voted as the best @ @ @ @ @ @ @ With tall beer mugs hanging from the ceiling and British-themed kitsch lining the walls , the pub has adopted a slogan to match its character : “ Real beer , proper food , no bollocks.
” Hoping to honor that theme on his personalized license plate , Crawford applied for a plate that says “ BO11LUX.
” His request was denied by the DMV , which found the term had a “ discernible sexual connotation or may be construed to be of a sexual nature.
” Reached by phone , Crawford declined to @ @ @ @ @ @ @ fight for his right to a license plate bearing the colloquial British term that has evolved to mean “ poor quality ” and “ nonsense ” in addition to testicles , but he followed up by email with a statement on the legal victory .
“ I am extremely pleased to hear of the court ’ s decision .
I believe this is a positive step in the right direction for all our civil liberties , ” Crawford said .
The DMV denies more than 30,000 personalized license plate requests each year , @ @ @ @ @ @ @ rejections are completely arbitrary thanks to an overly broad and unconstitutional policy that empowers the state to reject any plate it deems “ offensive.
” “ Arbitrary results are inevitable when you have such a broad and vague regulation , ” Fa said .
In its motion to dismiss , California argued that because license plates are approved by a state agency , the messages are “ government speech ” and therefore not subject to the First Amendment .
To support its position , the state cited the 2015 U.S. Supreme Court decision @ @ @ @ @ @ @ of Confederate Veterans , Inc. , which upheld the state of Texas ’ rejection of a proposed license plate design featuring two Confederate flags .
Judge Tigar found that decision did not address whether alphanumeric configurations on license plates , as opposed to plate designs , are considered government speech .
Citing the Supreme Court ’ s more recent 2017 decision in Matal v. Tam , Tigar agreed with the high court ’ s finding that the government ’ s approval of a registered trademark does not mean the government owns or endorses @ @ @ @ @ @ @ the government exerts regulatory control over speech can not , on its own , transform that speech into government speech , ” Tigar wrote .
The judge also found the question of whether license plate messages exist in a traditional , designated , or limited public forum irrelevant because the plaintiffs adequately allege the regulation constitutes viewpoint discrimination , which is unconstitutional in any type of public forum .
The case will now advance to the evidence gathering stage .
Fa said the plaintiffs will seek evidence on the history of California ’ @ @ @ @ @ @ @ and examples of plate requests that were approved or rejected to show that “ a lot of arbitrary results ” stem from the state ’ s “ vague and broad ban on offensive speech.
” “ We don ’ t contend that the state needs to accept every single license plate application that comes to it , but we do contend that the state has no business discriminating against viewpoints that it finds offensive to good taste and decency , ” Fa said .
Tigar ’ s decision follows the state ’ s @ @ @ @ @ @ @ claiming it violated a college professor ’ s First Amendment rights by denying his request for a “ COYW ” plate , meant to represent “ Come On You Whites , ” a cheer for his favorite English soccer team , the Fulham Football Club .
The DMV agreed to permit the license plate after a federal judge in Los Angeles refused to dismiss the complaint .

A fan of the heavy metal band Slayer, a British-themed pub owner, a man who wants to take back the term “queer” from bigots, and a motorcycle aficionada have one thing in common: They’ve all run afoul of the personalized license plate censor at the California DMV.
OAKLAND, Calif. (CN) — A fan of the heavy metal band Slayer, a British-themed pub owner, a man who wants to take back the term “queer” from bigots, and a motorcycle aficionada have one thing in common: They’ve all run afoul of the personalized license plate censor at the California DMV.
They’ve also all sued the state agency, claiming it uses a vague, discriminatory policy to arbitrarily reject personalized plate ideas it deems “offensive to good taste and decency. This week, a federal judge advanced their case.
In a 12-page opinion, U.S. District Judge Jon Tigar found a lawsuit brought by five Californians can advance to the next stage of litigation because it plausibly alleges the state uses a “facially unconstitutional” regulation for approving personalized license plates.
“It’s a great initial victory for our clients and for all Californians who seek to express their personalized messages on personalized license plates,” said plaintiffs’ attorney Wencong Fa of the Pacific Legal Foundation in Sacramento.
Lead plaintiff Paul Ogilvie, a disabled army veteran, sued the state’s Department of Motor Vehicles on March 10 after it rejected his request for a plate stating “OGWOOLF,” a military nickname. The DMV believed it contained a reference to a gang affiliation.
The DMV also rejected a request for a “SLAAYR” plate, paying homage to the California rock band, because it was deemed “threatening, aggressive, or hostile.” A gay man who started a Queer Folks Records label and sought to reclaim the word “queer” had his request for a “QUEER” plate rejected as well. DMV found it “insulting, degrading or expressing contempt for a specific person or group.”
Additionally, the state refused to permit a plate requested by plaintiff Andrea Campanile, who owns two Ducati motorcycles. The “DUK N A” plate was intended to represent “Ducati and Andrea,” but the DMV deemed it “profane or obscene.”
Plaintiff Paul Crawford owns the Shakespeare Pub in San Diego, boasting a wide selection of British ales and what locals have voted as the best fish and chips in the area. With tall beer mugs hanging from the ceiling and British-themed kitsch lining the walls, the pub has adopted a slogan to match its character: “Real beer, proper food, no bollocks.”
Hoping to honor that theme on his personalized license plate, Crawford applied for a plate that says “BO11LUX.” His request was denied by the DMV, which found the term had a “discernible sexual connotation or may be construed to be of a sexual nature.”
Reached by phone, Crawford declined to comment on why he felt compelled to fight for his right to a license plate bearing the colloquial British term that has evolved to mean “poor quality” and “nonsense” in addition to testicles, but he followed up by email with a statement on the legal victory.
“I am extremely pleased to hear of the court's decision. I believe this is a positive step in the right direction for all our civil liberties,” Crawford said.
The DMV denies more than 30,000 personalized license plate requests each year, and the plaintiffs claim many of these rejections are completely arbitrary thanks to an overly broad and unconstitutional policy that empowers the state to reject any plate it deems “offensive.”
“Arbitrary results are inevitable when you have such a broad and vague regulation,” Fa said.
In its motion to dismiss, California argued that because license plates are approved by a state agency, the messages are “government speech” and therefore not subject to the First Amendment. To support its position, the state cited the 2015 U.S. Supreme Court decision in Walker v. Texas Div., Sons of Confederate Veterans, Inc., which upheld the state of Texas’ rejection of a proposed license plate design featuring two Confederate flags.
Judge Tigar found that decision did not address whether alphanumeric configurations on license plates, as opposed to plate designs, are considered government speech.
Citing the Supreme Court’s more recent 2017 decision in Matal v. Tam, Tigar agreed with the high court’s finding that the government’s approval of a registered trademark does not mean the government owns or endorses that mark.
“The fact that the government exerts regulatory control over speech cannot, on its own, transform that speech into government speech,” Tigar wrote.
The judge also found the question of whether license plate messages exist in a traditional, designated, or limited public forum irrelevant because the plaintiffs adequately allege the regulation constitutes viewpoint discrimination, which is unconstitutional in any type of public forum.
The case will now advance to the evidence gathering stage. Fa said the plaintiffs will seek evidence on the history of California’s personalized license plate program, regulations and examples of plate requests that were approved or rejected to show that “a lot of arbitrary results” stem from the state’s “vague and broad ban on offensive speech.”
“We don’t contend that the state needs to accept every single license plate application that comes to it, but we do contend that the state has no business discriminating against viewpoints that it finds offensive to good taste and decency,” Fa said.
Tigar’s decision follows the state’s decision in January to settle a lawsuit claiming it violated a college professor’s First Amendment rights by denying his request for a “COYW” plate, meant to represent “Come On You Whites,” a cheer for his favorite English soccer team, the Fulham Football Club. The DMV agreed to permit the license plate after a federal judge in Los Angeles refused to dismiss the complaint.
A California DMV spokesperson declined to comment on pending litigation.


courthousenews--2020-07-10--Landmark Gay Marriage Trial Video Ordered Unsealed

SAN FRANCISCO ( CN ) — Video of a historic bench trial that led to the overturning of California ’ s ban on same-sex marriage must be unsealed next month , a federal judge ruled Thursday , after finding no good reasons support keeping them hidden from public view .
“ On the undisputed record before me , there is no justification , much less a compelling one , to keep the trial recordings under seal any longer , ” U.S. District Judge William Orrick III wrote in a 5-page ruling .
Supporters of Proposition 8 , a 2008 voter-approved @ @ @ @ @ @ @ argued the videos should stay sealed based on the now-retired federal judge ’ s promise to keep the records private .
Orrick found that promise does not supersede a 10-year expiration date for sealed court records .
He said the Proposition 8 proponents failed to offer any other valid reason for withholding the videos , such as a fear of retaliation or harassment that would result from a release .
No declarations were submitted by individual Proposition 8 supporters or trial witnesses saying they fear retribution or believe now-retired U.S. District Judge Vaughn @ @ @ @ @ @ @ videos private meant they would stay sealed forever .
Despite that lack of evidence , the proponents insisted the records should stay sealed to honor the principle of “ judicial integrity ” based on Judge Walker ’ s decade-old promise .
Walker overturned California ’ s ban on same-sex marriage in August 2010 following a two-week bench trial in January that year .
His ruling in Perry v. Schwarzenegger did not take effect until June 2013 when appeals in the case were resolved .
Walker ’ s decision preceded the U.S. Supreme Court @ @ @ @ @ @ @ right to marry for same-sex couples across the nation .
Walker initially planned to broadcast videos of the 2010 bench trial in 2010 , but the U.S. Supreme Court barred the broadcasting at the request of Proposition 8 supporters involved in the case .
After Walker promised the videos would only be used to review testimony behind closed doors , Proposition 8 proponents dropped their objections to recording the trial .
Walker retired a year later and attracted the ire of Proposition 8 proponents when he played a clip of the trial during @ @ @ @ @ @ @ of Arizona .
Proposition backers sued , but U.S. District Judge James Ware lifted that seal that year , finding no compelling reason to keep the recordings private in light of the right to public access .
The Ninth Circuit disagreed in a 2012 ruling , finding same-sex marriage opponents “ reasonably relied ” on Judge Walker ’ s assurances “ that the recording would not be broadcast to the public , at least in the foreseeable future.
” Orrick took over the case after Ware ’ s retirement .
With the backing @ @ @ @ @ @ @ to unseal the recordings in 2017 , arguing that the educational benefits of releasing the videos , along with the public ’ s right to government records , should override the court ’ s 10-year sealing requirement .
Orrick denied their request at that time , finding that because court rules in 2010 required sealed records remain hidden from the public for 10 years after a case is closed , the videos must remain sealed until August 2020 .
On April 1 , Proposition 8 proponents filed a new motion seeking to maintain @ @ @ @ @ @ @ a hearing in June , Orrick signaled that he would likely deny the motion because the sealing of recordings was not expected to be permanent .
On Thursday , Orrick rejected the motion and denied a request to stay his decision pending appeal .
He found the proponents have adequate time to seek a stay from the Ninth Circuit before the video recording are unsealed on Aug. 12 .
Representing supporters of the gay marriage ban , attorney Charles Cooper of Cooper & Kirk in Washington , said his clients are “ deeply @ @ @ @ @ @ @ compelling justification of judicial integrity ” no longer requires the recordings stay sealed , despite Walker ’ s promise .
“ We do not agree that there is a 10-year statute of limitations on judicial integrity , and we are preparing our appeal , ” Cooper said via email .
Representing a coalition of media outlets that sought to unseal the record , attorney Thomas Burke of Davis Wright Tremaine said Orrick made the right call in recognizing that the public should get to see video of the historic trial .
“ Judge @ @ @ @ @ @ @ Circuit ’ s earlier ruling — and its concerns about judicial integrity , ” Burke said via email .
“ One wonders why the proponents of Prop .
8 continue to insist on keeping secret the video of this historic public trial.
” Representing the same-sex couples who challenged California ’ s gay marriage ban , attorney Chris Dusseault of Gibson Dunn & Crutcher said his clients are “ gratified that the court has once again found that the public has a right to access the video recording of this historically significant civil @ @ @ @ @ @ @ also submitted a brief in May endorsing the release of the 10-year-old trial video .

Video of a historic bench trial that led to the overturning of California’s ban on same-sex marriage must be unsealed next month, a federal judge ruled Thursday, after finding no good reasons support keeping them hidden from public view.
SAN FRANCISCO (CN) — Video of a historic bench trial that led to the overturning of California’s ban on same-sex marriage must be unsealed next month, a federal judge ruled Thursday, after finding no good reasons support keeping them hidden from public view.
“On the undisputed record before me, there is no justification, much less a compelling one, to keep the trial recordings under seal any longer,” U.S. District Judge William Orrick III wrote in a 5-page ruling.
Supporters of Proposition 8, a 2008 voter-approved ballot measure that banned same-sex marriage, argued the videos should stay sealed based on the now-retired federal judge’s promise to keep the records private.
Orrick found that promise does not supersede a 10-year expiration date for sealed court records. He said the Proposition 8 proponents failed to offer any other valid reason for withholding the videos, such as a fear of retaliation or harassment that would result from a release.
No declarations were submitted by individual Proposition 8 supporters or trial witnesses saying they fear retribution or believe now-retired U.S. District Judge Vaughn Walker’s promise to keep the videos private meant they would stay sealed forever.
Despite that lack of evidence, the proponents insisted the records should stay sealed to honor the principle of “judicial integrity” based on Judge Walker’s decade-old promise.
Walker overturned California’s ban on same-sex marriage in August 2010 following a two-week bench trial in January that year. His ruling in Perry v. Schwarzenegger did not take effect until June 2013 when appeals in the case were resolved.
Walker’s decision preceded the U.S. Supreme Court’s June 2015 ruling expanding the right to marry for same-sex couples across the nation.
Walker initially planned to broadcast videos of the 2010 bench trial in 2010, but the U.S. Supreme Court barred the broadcasting at the request of Proposition 8 supporters involved in the case. After Walker promised the videos would only be used to review testimony behind closed doors, Proposition 8 proponents dropped their objections to recording the trial.
Walker retired a year later and attracted the ire of Proposition 8 proponents when he played a clip of the trial during a February 2011 lecture at the University of Arizona. Proposition backers sued, but U.S. District Judge James Ware lifted that seal that year, finding no compelling reason to keep the recordings private in light of the right to public access.
The Ninth Circuit disagreed in a 2012 ruling, finding same-sex marriage opponents “reasonably relied” on Judge Walker’s assurances “that the recording would not be broadcast to the public, at least in the foreseeable future.”
Orrick took over the case after Ware’s retirement.
With the backing of 36 media organizations, KQED moved to unseal the recordings in 2017, arguing that the educational benefits of releasing the videos, along with the public’s right to government records, should override the court’s 10-year sealing requirement.
Orrick denied their request at that time, finding that because court rules in 2010 required sealed records remain hidden from the public for 10 years after a case is closed, the videos must remain sealed until August 2020.
On April 1, Proposition 8 proponents filed a new motion seeking to maintain the seal on trial recordings. During a hearing in June, Orrick signaled that he would likely deny the motion because the sealing of recordings was not expected to be permanent.
On Thursday, Orrick rejected the motion and denied a request to stay his decision pending appeal. He found the proponents have adequate time to seek a stay from the Ninth Circuit before the video recording are unsealed on Aug. 12.
Representing supporters of the gay marriage ban, attorney Charles Cooper of Cooper & Kirk in Washington, said his clients are “deeply disappointed” that Orrick found “the compelling justification of judicial integrity” no longer requires the recordings stay sealed, despite Walker’s promise.
“We do not agree that there is a 10-year statute of limitations on judicial integrity, and we are preparing our appeal,” Cooper said via email.
Representing a coalition of media outlets that sought to unseal the record, attorney Thomas Burke of Davis Wright Tremaine said Orrick made the right call in recognizing that the public should get to see video of the historic trial.
“Judge Orrick has again carefully interpreted the Ninth Circuit’s earlier ruling — and its concerns about judicial integrity,” Burke said via email. “One wonders why the proponents of Prop. 8 continue to insist on keeping secret the video of this historic public trial.”
Representing the same-sex couples who challenged California’s gay marriage ban, attorney Chris Dusseault of Gibson Dunn & Crutcher said his clients are “gratified that the court has once again found that the public has a right to access the video recording of this historically significant civil rights trial.”
The state of California also submitted a brief in May endorsing the release of the 10-year-old trial video.
On Aug. 11, the Ninth Circuit temporarily halted Orrick’s decision to release the trial video pending appeal.


courthousenews--2020-07-09--Ninth Circuit Greenlights Drilling in Alaska Reserve

( CN ) — Drilling can proceed in a sensitive Alaskan reserve without an update to the government ’ s 2012 assessment of whether the oil and gas development would speed up climate change , and despite the fact that the assessment was completed four years before the oil at issue was discovered , the Ninth Circuit ruled Thursday .
The National Petroleum Reserve-Alaska is 23.4 million acres of pristine wilderness named as a source of oil for the U.S. Navy in 1923 .
The vast area is important habitat for millions of migratory birds , marine mammals like beluga @ @ @ @ @ @ @ caribou herd — critical for Nuiqsut subsistence hunters .
Congress handed management of the reserve to the Department of the Interior in 1976 with the mandate to provide “ maximum protection ” to the area ’ s fish and wildlife habitat .
In 2012 , the Bureau of Land Management issued an environmental impact statement evaluating the effect of selling oil and gas leases on over 11 million acres of the reserve .
In 2016 , ConocoPhillips Alaska found a new cache of oil in the reserve that would mean an additional 130,000 @ @ @ @ @ @ @ 500,000 barrels that flowed through TransAlaska Pipeline last year .
The BLM ’ s own analysis found that developing the project would be bad for subsistence hunters in the village of Nuiqsut .
“ The BLM expects that limitations to subsistence access and the reduced resource availability attributable to development of the project would result in an extensive interference with Nuiqsut hunter access , ” the agency ’ s draft analysis states .
ConocoPhillips Alaska is currently running one drill site in the reserve , is constructing a second site and has proposed @ @ @ @ @ @ @ didn ’ t discover the new oil it plans to drill until the 2012 environmental impact statement was four years old , a three-judge panel of the Ninth Circuit Court of Appeals found Thursday that the document did enough to weigh the harm of drilling there .
Environmental groups had claimed the new discovery meant the government had to perform “ site-specific analysis ” to consider the harm that would be caused by that specific project .
But U.S. District Judge Sharon L. Gleason , a Barack Obama appointee , found the government @ @ @ @ @ @ @ of the vast area they opened for drilling would actually be drilled , so it ’ s more generalized assessment was sufficient .
The Ninth Circuit affirmed that ruling on Thursday , finding that the 2012 document had contemplated future oil and gas leases , and the judges said that was enough .
Writing for the panel , U.S .
Circuit Judge Milan D. Smith Jr. found that previous case law allows the government to prepare just one document as both an overarching management plan and as a detailed , site-specific consideration of @ @ @ @ @ @ @ even in cases like this one , where the government can ’ t back out once oil companies lease sites .
Here , the BLM ’ s 2017 lease sale “ irretrievably committed ” the agency to allowing drilling in the sites it leased .
“ We disagree with plaintiffs ’ suggestion that a programmatic EIS prepared for a broad-scale land use plan categorically can not provide the site-specific analysis required for irretrievable commitments of resources , ” Smith wrote .
But Suzanne Bostrom , arguing before the panel in February on behalf @ @ @ @ @ @ @ approach equaled a foregone conclusion — one where specific oil and gas leases and their environmental consequences were no longer optional .
“ The problem is here is that when the agency is getting down the line to deciding development decisions , it ’ s saying that it has already tied its hands , ” Bostrom said at the hearing in February .
“ It ’ s saying that it can no longer adopt the ‘ no action ’ alternative.
” Smith noted in the ruling that numerous previous cases found sufficient the @ @ @ @ @ @ @ environmental impact statement as covering both a leasing program as well as individual leases .
“ The fact that the 2012 EIS provided a programmatic-level analysis for the IAP does not preclude the legal possibility that it also served as the necessary site-specific analysis for future lease sales , ” Smith wrote .
U.S .
Circuit Judge N. Randy Smith , a George W. Bush appointee , and U.S. District Judge John Tunheim , a Bill Clinton appointee sitting by designation from the District of Minnesota rounded out the panel .
A parallel @ @ @ @ @ @ @ s failure to analyze climate change or consider the impacts of the leases through greenhouse gas emissions .
But Gleason found that the environmental groups behind that challenge waited too long to file their complaint .
The panel affirmed that too .
At the hearing in February , Judge Smith asked Kevin McArdle , attorney for the Bureau of Land Management , whether the groups could argue that new science showing the imminent emergency presented by climate change should prod the government to analyze the environmental effects of the greenhouse gasses that would @ @ @ @ @ @ @ gas in the reserve .
“ Let me ask this : when we talk about new information , we all here , awake , know that we have a climate change problem , ” said Judge Milan Smith , a George W. Bush appointee .
“ Who causes it and the extent — there ’ s some debate — but it ’ s clearly a problem .
That discussion has largely occurred after the original EIS occurred in this case , right ?
Is that new ?
” But McArdle said that angle @ @ @ @ @ @ @ environmental groups hadn ’ t presented it in their lawsuit .
In a second ruling issued Thursday , the same panel of judges affirmed Judge Gleason ’ s dismissal of the parallel suit , finding that another look at climate impacts was time-barred and that the 2012 document ’ s minimal consideration of climate impacts was all that was required under the National Environmental Policy Act .
Erik Grafe , an attorney with Earthjustice who argued the case before the panel in February , told Courthouse News Thursday that the ruling affirms environmentalists @ @ @ @ @ @ @ conduct a full analysis under NEPA before offering future lease sales in the reserve .
“ This case was decided on a narrow procedural issue — the application of a statute of limitations , ” Grafe said in an email .
“ It did not address the adequacy of BLM ’ s NEPA analyses for the 2016 & 2017 lease sales.
” Attorneys for the BLM did not immediately respond to requests for comment .
Suzanne Bostrom , who argued the first case before the panel in February on behalf of Trustees for @ @ @ @ @ @ @ don ’ t alter the reality that the government is responsible for closely analyzing the impacts of oil and gas leases on public land .
“ It ’ s bad news for public lands when the court allows an agency to lease these lands with so little analysis of how oil and gas activity will affect fish , birds , wildlife , and the land and water , ” Bostrom said in an email .

Drilling can proceed in a sensitive Alaskan reserve without an update to the government’s 2012 assessment of whether the oil and gas development would speed up climate change, and despite the fact that the assessment was completed four years before the oil at issue was discovered, the Ninth Circuit ruled Thursday.
(CN) — Drilling can proceed in a sensitive Alaskan reserve without an update to the government’s 2012 assessment of whether the oil and gas development would speed up climate change, and despite the fact that the assessment was completed four years before the oil at issue was discovered, the Ninth Circuit ruled Thursday.
The National Petroleum Reserve-Alaska is 23.4 million acres of pristine wilderness named as a source of oil for the U.S. Navy in 1923. The vast area is important habitat for millions of migratory birds, marine mammals like beluga whales and home to the Teshekpuk Lake caribou herd — critical for Nuiqsut subsistence hunters. Congress handed management of the reserve to the Department of the Interior in 1976 with the mandate to provide “maximum protection” to the area’s fish and wildlife habitat.
In 2012, the Bureau of Land Management issued an environmental impact statement evaluating the effect of selling oil and gas leases on over 11 million acres of the reserve. In 2016, ConocoPhillips Alaska found a new cache of oil in the reserve that would mean an additional 130,000 barrels per day — beyond the daily 500,000 barrels that flowed through TransAlaska Pipeline last year.
The BLM’s own analysis found that developing the project would be bad for subsistence hunters in the village of Nuiqsut.
“The BLM expects that limitations to subsistence access and the reduced resource availability attributable to development of the project would result in an extensive interference with Nuiqsut hunter access,” the agency’s draft analysis states.
ConocoPhillips Alaska is currently running one drill site in the reserve, is constructing a second site and has proposed a third.
And although the company didn’t discover the new oil it plans to drill until the 2012 environmental impact statement was four years old, a three-judge panel of the Ninth Circuit Court of Appeals found Thursday that the document did enough to weigh the harm of drilling there.
Environmental groups had claimed the new discovery meant the government had to perform “site-specific analysis” to consider the harm that would be caused by that specific project. But U.S. District Judge Sharon L. Gleason, a Barack Obama appointee, found the government couldn’t have known which parts of the vast area they opened for drilling would actually be drilled, so it’s more generalized assessment was sufficient. The Ninth Circuit affirmed that ruling on Thursday, finding that the 2012 document had contemplated future oil and gas leases, and the judges said that was enough.
Writing for the panel, U.S. Circuit Judge Milan D. Smith Jr. found that previous case law allows the government to prepare just one document as both an overarching management plan and as a detailed, site-specific consideration of individual projects within a large reserve — even in cases like this one, where the government can’t back out once oil companies lease sites. Here, the BLM’s 2017 lease sale “irretrievably committed” the agency to allowing drilling in the sites it leased.
“We disagree with plaintiffs’ suggestion that a programmatic EIS prepared for a broad-scale land use plan categorically cannot provide the site-specific analysis required for irretrievable commitments of resources,” Smith wrote.
But Suzanne Bostrom, arguing before the panel in February on behalf of Trustees of Alaska, said that approach equaled a foregone conclusion — one where specific oil and gas leases and their environmental consequences were no longer optional.
“The problem is here is that when the agency is getting down the line to deciding development decisions, it’s saying that it has already tied its hands,” Bostrom said at the hearing in February. “It’s saying that it can no longer adopt the ‘no action’ alternative.”
Smith noted in the ruling that numerous previous cases found sufficient the government’s use of a single environmental impact statement as covering both a leasing program as well as individual leases.
“The fact that the 2012 EIS provided a programmatic-level analysis for the IAP does not preclude the legal possibility that it also served as the necessary site-specific analysis for future lease sales,” Smith wrote.
U.S. Circuit Judge N. Randy Smith, a George W. Bush appointee, and U.S. District Judge John Tunheim, a Bill Clinton appointee sitting by designation from the District of Minnesota rounded out the panel.
A parallel suit challenged the Department of Interior’s failure to analyze climate change or consider the impacts of the leases through greenhouse gas emissions. But Gleason found that the environmental groups behind that challenge waited too long to file their complaint.
The panel affirmed that too.
At the hearing in February, Judge Smith asked Kevin McArdle, attorney for the Bureau of Land Management, whether the groups could argue that new science showing the imminent emergency presented by climate change should prod the government to analyze the environmental effects of the greenhouse gasses that would be emitted by drilling for oil and gas in the reserve.
“Let me ask this: when we talk about new information, we all here, awake, know that we have a climate change problem,” said Judge Milan Smith, a George W. Bush appointee. “Who causes it and the extent — there’s some debate — but it’s clearly a problem. That discussion has largely occurred after the original EIS occurred in this case, right? Is that new?”
But McArdle said that angle isn’t in play because the environmental groups hadn’t presented it in their lawsuit.
In a second ruling issued Thursday, the same panel of judges affirmed Judge Gleason’s dismissal of the parallel suit, finding that another look at climate impacts was time-barred and that the 2012 document’s minimal consideration of climate impacts was all that was required under the National Environmental Policy Act.
Erik Grafe, an attorney with Earthjustice who argued the case before the panel in February, told Courthouse News Thursday that the ruling affirms environmentalists’ contention that the BLM must still conduct a full analysis under NEPA before offering future lease sales in the reserve.
“This case was decided on a narrow procedural issue — the application of a statute of limitations,” Grafe said in an email. “It did not address the adequacy of BLM’s NEPA analyses for the 2016 & 2017 lease sales.”
Attorneys for the BLM did not immediately respond to requests for comment.
Suzanne Bostrom, who argued the first case before the panel in February on behalf of Trustees for Alaska, said Thursday that the rulings don’t alter the reality that the government is responsible for closely analyzing the impacts of oil and gas leases on public land.
“It's bad news for public lands when the court allows an agency to lease these lands with so little analysis of how oil and gas activity will affect fish, birds, wildlife, and the land and water,” Bostrom said in an email.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including the Supreme Court upheld a New York City prosecutor ’ s subpoena for President Donald Trump ’ s tax returns ; Governor Gavin Newsom announced a single-day record of 149 Covid-19 deaths ; Eastern Europe is becoming a new trouble spot in the coronavirus pandemic as infections spike and national governments face resistance to lockdown measures , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through @ @ @ @ @ @ @ not immune from state criminal proceedings while in office , the Supreme Court ruled Thursday , upholding a New York City prosecutor ’ s subpoena for President Donald Trump ’ s tax returns .
2 . )
In a decision that reclassifies a large swath of eastern Oklahoma as land belonging to Native Americans driven from their ancestral home during the Trail of Tears , the Supreme Court ruled 5-4Tuesday that a Seminole man sentenced to 500 years in prison for rape and sodomy should have been tried in federal court .
3 @ @ @ @ @ @ @ Trump , the head of the Centers for Disease Control and Prevention said Thursday the agency will not loosen school reopening guidelines .
4 . )
Former Vice President and presumptive Democratic presidential nominee Joe Biden made his case to the working class Thursday , delivering a speech from the battleground state of Pennsylvania touting himself as the candidate best positioned to restore America to its past manufacturing glory .
5 . )
Emphasizing the ruthless impact the coronavirus continues to have on California families , Governor Gavin Newsom on Thursday announced a @ @ @ @ @ @ @ 6 . )
The Wisconsin Supreme Court on Thursday upheld the lion ’ s share of lame duck laws passed by the GOP-controlled Legislature in late 2018 to limit the powers of the new Democratic governor and attorney general .
7 . )
Eastern Europe is becoming a new trouble spot in the coronavirus pandemic as infections spike and national governments face resistance to lockdown measures , most acutely in Serbia , where violent anti-lockdown protests have erupted .
8 . )
YouTube only has to hand over the postal addresses of people @ @ @ @ @ @ @ platform , not their email or IP addresses , the European Union ’ s top court held .

Top eight CNS stories for today including the Supreme Court upheld a New York City prosecutor’s subpoena for President Donald Trump’s tax returns; Governor Gavin Newsom announced a single-day record of 149 Covid-19 deaths; Eastern Europe is becoming a new trouble spot in the coronavirus pandemic as infections spike and national governments face resistance to lockdown measures, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the Supreme Court upheld a New York City prosecutor’s subpoena for President Donald Trump’s tax returns; Governor Gavin Newsom announced a single-day record of 149 Covid-19 deaths; Eastern Europe is becoming a new trouble spot in the coronavirus pandemic as infections spike and national governments face resistance to lockdown measures, 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.) Presidents are not immune from state criminal proceedings while in office, the Supreme Court ruled Thursday, upholding a New York City prosecutor’s subpoena for President Donald Trump’s tax returns.
President Donald Trump looks at his phone during a roundtable with governors on the reopening of America's small businesses, in the State Dining Room of the White House, Thursday, June 18, 2020, in Washington. (AP Photo/Alex Brandon)
2.) In a decision that reclassifies a large swath of eastern Oklahoma as land belonging to Native Americans driven from their ancestral home during the Trail of Tears, the Supreme Court ruled 5-4Tuesday that a Seminole man sentenced to 500 years in prison for rape and sodomy should have been tried in federal court.
Image credit: Muscogee (Creek) Nation via Smithsonian Institution
3.) Despite pressure from President Donald Trump, the head of the Centers for Disease Control and Prevention said Thursday the agency will not loosen school reopening guidelines.
Graduating students practice socially distance by sitting far apart during a graduation ceremony at Millburn High School in Millburn, N.J., Wednesday, July 8, 2020. This week New Jersey saw the resumption of youth day camps, in-person summer school and school graduation ceremonies, capped at 500 people and required to be outside. (AP Photo/Seth Wenig)
4.) Former Vice President and presumptive Democratic presidential nominee Joe Biden made his case to the working class Thursday, delivering a speech from the battleground state of Pennsylvania touting himself as the candidate best positioned to restore America to its past manufacturing glory.
Democratic presidential candidate, former Vice President Joe Biden, speaks Tuesday, June 30, 2020, in Wilmington, Del. (AP Photo/Patrick Semansky)
Regional
5.) Emphasizing the ruthless impact the coronavirus continues to have on California families, Governor Gavin Newsom on Thursday announced a single-day record of 149 Covid-19 deaths.
A security guard, at left, stands in front of a coronavirus-themed mural Monday, May 18, 2020, in the arts district of Los Angeles. (AP Photo/Marcio Jose Sanchez)
6.) The Wisconsin Supreme Court on Thursday upheld the lion’s share of lame duck laws passed by the GOP-controlled Legislature in late 2018 to limit the powers of the new Democratic governor and attorney general.
FILE - In this Jan. 7, 2019 file photo, Wisconsin Attorney General Josh Kaul speaks during his address at the inauguration of Gov. Tony Evers, right, at the state Capitol in Madison, Wis. The conservative-controlled Wisconsin Supreme Court has upheld Republican-authored lame-duck laws that curtailed the powers of the incoming Democratic attorney general. The ruling Thursday, July 9, 2020 rejected arguments that the laws were unconstitutional, giving Republican yet another victory. (AP Photo/Andy Manis, File)
International
7.) Eastern Europe is becoming a new trouble spot in the coronavirus pandemic as infections spike and national governments face resistance to lockdown measures, most acutely in Serbia, where violent anti-lockdown protests have erupted.
A man hurls a tear gas canister at riot police on the steps of the Serbian parliament during a protest in Belgrade, Serbia, Wednesday, July 8, 2020. Police have fired tear gas at protesters in Serbia's capital during the second day of demonstrations against the president's handling of the country's coronavirus outbreak. President Aleksandar Vucic backtracked on his plans to reinstate a coronavirus lockdown in Belgrade this week, but it didn't stop people from firing flares and throwing stones while trying to storm the downtown parliament building. (AP Photo/Marko Drobnjakovic)
8.) YouTube only has to hand over the postal addresses of people who illegally uploaded movies onto its video platform, not their email or IP addresses, the European Union’s top court held.


courthousenews--2020-07-09--Texas Republicans Sue Over Cancellation of Houston Convention

HOUSTON ( CN ) — The Texas Republican Party sued Houston ’ s Democratic mayor Thursday , claiming he improperly cited the Covid-19 pandemic as an act of God as grounds to cancel the party ’ s convention .
Between 6,500 and 7,000 Texas Republicans were expected to gather at the George R. Brown Convention Center in downtown Houston for the convention , which was set for July 16 to 18 .
But the convention center ’ s management company Houston First , a government corporation established by the Houston City Council , notified the party Wednesday it had canceled @ @ @ @ @ @ @ to the lawsuit filed in Harris County District Court , Houston First ’ s president Brenda Bazan cited the city ’ s spike in Covid-19 cases starting on Memorial Day weekend as triggering the contract ’ s force majeure , or “ act of God , ” clause allowing Houston to cancel the convention .
But the Republicans say Houston Mayor Sylvester Turner simply used the clause as an excuse to cancel the convention .
They claim the decision is political viewpoint discrimination because Turner expressed no concerns about virus transmission when 60,000 @ @ @ @ @ @ @ wearing masks , in front of City Hall on June 2 for a protest over Houston native George Floyd ’ s killing by police .
Besides , the Republicans say , the city waited too long to cancel the convention based on force majeure .
“ The original contract states that a claim of force majeure must be claimed within seven days of the occurrence .
… However , Memorial Day was mid-May , and more than seven days passed before the notice of cancellation was delivered on July 8 , 2020 , @ @ @ @ @ @ @ comes after Texas reached a grim new benchmark , with a record 112 people dying from Covid-19 on Wednesday .
The respiratory illness caused by the new coronavirus has now killed 2,870 Texans , according to the Houston Chronicle .
A faction of hardline small-government , individual-rights loving Texas Republicans say Governor Greg Abbott ’ s recent order mandating people wear masks in buildings , and outside if social distancing is not possible , is government tyranny .
Laboring their point that Turner was just looking for an excuse to call off their @ @ @ @ @ @ @ lawsuit the mayor had also said he would shut it down unless everybody in attendance wore a mask .
They say Turner ’ s mask mandate exceeded Abbott ’ s executive order because the 1.9 million-square-foot convention center has plenty of room for social distancing .
Still , the GOP was ready to follow Turner ’ s rules .
State Republican Chair James Dickey said Wednesday the party had planned to provide masks for all the convention ’ s attendees , take their temperatures and deep clean after every meeting .
Though Turner @ @ @ @ @ @ @ meeting no conferences or conventions will be held in the city until 2021 , the Texas GOP claims the mayor is treating it differently than other groups .
“ Mayor Turner canceled the convention because he wanted to , not due to any ‘ act of God ’ – only due to his desire to do so and to hold the Republican Party of Texas to a different standard than other entities , ” Chairman Dickey said in a statement .
The Republicans want Houston ordered to reinstate the contract allowing them to @ @ @ @ @ @ @ a two-week restraining order to stop Turner from shutting it down .
They claim Turner is using “ inappropriate political puffery ” to intimidate would-be conventiongoers .
“ Individuals who have planned to go to Houston are deciding at this moment that they do not want to wind up as a scalp taken by the mayor , ” the complaint states .
The party is represented by attorneys Warren Nored of Arlington and Kevin Fulton and Briscoe Cain with the Houston firm Fulton Strahan .
Cain , a Texas state representative whose district @ @ @ @ @ @ @ and La Porte , is up for re-election this year .
He won his Republican primary in March with nearly 80 % of the vote .
The Texas Republican Party ’ s secretary Josh Flynn , joined by Republican operative and serial litigator Dr. Steven Hotze , filed a separate lawsuit against Turner and Houston First in Harris County on Thursday , making similar claims .
Hotze is a plaintiff in eight lawsuits filed against state and Harris County officials since April 6 , challenging mask orders and restrictions on businesses and religious @ @ @ @ @ @ @ Covid-19 .
If the party ’ s efforts to reinstate the Houston convention fall through , they have an invitation from the county north of Houston ’ s Harris County .
“ We invite you to come to Montgomery County , ” Montgomery County Judge Mark Keough – its chief executive , not a court of law judge – said Wednesday in a video posted on Facebook .
“ We will be great hosts .
We will not put any political pressure on you .
There will be no last-minute changes .
All @ @ @ @ @ @ @ the same guidelines you agreed to when you agreed to have it within the city of Houston .
Montgomery County is open for business , ” he added .

The Texas Republican Party sued Houston’s Democratic mayor Thursday, claiming he improperly cited the Covid-19 pandemic as an act of God as grounds to cancel the party’s convention.
HOUSTON (CN) — The Texas Republican Party sued Houston’s Democratic mayor Thursday, claiming he improperly cited the Covid-19 pandemic as an act of God as grounds to cancel the party’s convention.
Between 6,500 and 7,000 Texas Republicans were expected to gather at the George R. Brown Convention Center in downtown Houston for the convention, which was set for July 16 to 18.
But the convention center’s management company Houston First, a government corporation established by the Houston City Council, notified the party Wednesday it had canceled the contract authorizing the event.
According to the lawsuit filed in Harris County District Court, Houston First’s president Brenda Bazan cited the city’s spike in Covid-19 cases starting on Memorial Day weekend as triggering the contract’s force majeure, or “act of God,” clause allowing Houston to cancel the convention.
But the Republicans say Houston Mayor Sylvester Turner simply used the clause as an excuse to cancel the convention.
FILE - In this June 28, 2020 file photo, Houston Mayor Sylvester Turner speaks in Houston. Houston officials have canceled the Texas GOP's in-person convention. They say the spread of the coronavirus made it impossible to hold the event as scheduled. Mayor Turner said Wednesday, July 8, 2020, that the city's lawyers exercised provisions in the contract that the Texas Republican Party signed to rent the downtown convention center for a three-day event to have started July 16. Virus cases have surged in Texas, particularly in the state's largest cities. (AP Photo/David J. Phillip File)
They claim the decision is political viewpoint discrimination because Turner expressed no concerns about virus transmission when 60,000 people gathered shoulder-to-shoulder, most of them wearing masks, in front of City Hall on June 2 for a protest over Houston native George Floyd’s killing by police.
Besides, the Republicans say, the city waited too long to cancel the convention based on force majeure.
“The original contract states that a claim of force majeure must be claimed within seven days of the occurrence. … However, Memorial Day was mid-May, and more than seven days passed before the notice of cancellation was delivered on July 8, 2020,” the lawsuit states.
The lawsuit comes after Texas reached a grim new benchmark, with a record 112 people dying from Covid-19 on Wednesday. The respiratory illness caused by the new coronavirus has now killed 2,870 Texans, according to the Houston Chronicle.
A faction of hardline small-government, individual-rights loving Texas Republicans say Governor Greg Abbott’s recent order mandating people wear masks in buildings and outside, if social distancing is not possible, is government tyranny.
Laboring their point that Turner was just looking for an excuse to call off their convention, the Republicans claim in their lawsuit the mayor had also said he would shut it down unless everybody in attendance wore a mask.
They say Turner’s mask mandate exceeded Abbott’s executive order because the 1.9 million-square-foot convention center has plenty of room for social distancing.
Still, the GOP was ready to follow Turner’s rules. State Republican Chair James Dickey said Wednesday the party had planned to provide masks for all the convention’s attendees, take their temperatures and deep clean after every meeting.
Though Turner said at Wednesday’s City Council meeting no conferences or conventions will be held in the city until 2021, the Texas GOP claims the mayor is treating it differently than other groups.
“Mayor Turner canceled the convention because he wanted to, not due to any ‘act of God’ – only due to his desire to do so and to hold the Republican Party of Texas to a different standard than other entities,” Chairman Dickey said in a statement.
The Republicans want Houston ordered to reinstate the contract allowing them to hold the convention as planned, and a two-week restraining order to stop Turner from shutting it down.
They claim Turner is using “inappropriate political puffery” to intimidate would-be conventiongoers.
“Individuals who have planned to go to Houston are deciding at this moment that they do not want to wind up as a scalp taken by the mayor,” the complaint states.
The party is represented by attorneys Warren Nored of Arlington and Kevin Fulton and Briscoe Cain with the Houston firm Fulton Strahan.
Cain, a Texas state representative whose district covers the east Houston suburbs of Baytown and La Porte, is up for re-election this year. He won his Republican primary in March with nearly 80% of the vote.
The Texas Republican Party’s secretary Josh Flynn, joined by Republican operative and serial litigator Dr. Steven Hotze, filed a separate lawsuit against Turner and Houston First in Harris County on Thursday, making similar claims.
Hotze is a plaintiff in eight lawsuits filed against state and Harris County officials since April 6, challenging mask orders and restrictions on businesses and religious gatherings intended to halt the spread of Covid-19.
If the party’s efforts to reinstate the Houston convention fall through, they have an invitation from the county north of Houston’s Harris County.
“We invite you to come to Montgomery County,” Montgomery County Judge Mark Keough — its chief executive, not a court of law judge — said Wednesday in a video posted on Facebook.
“We will be great hosts. We will not put any political pressure on you. There will be no last-minute changes. All that we ask is that you follow the same guidelines you agreed to when you agreed to have it within the city of Houston. Montgomery County is open for business,” he added.