courthousenews--2020-12-16--PornHub Accused in Lawsuit of Making Millions off of Fraudulent Videos

SAN DIEGO ( CN ) — Forty women dealt the latest blow to tech company PornHub Tuesday , suing the website and its parent company MindGeek for allegedly ignoring — and profiting from — the purported sex trafficking enterprise run by GirlsDoPorn , a website the same women blew the whistle on in a fraud trial last year .
PornHub and MindGeek — which owns and operates more than 100 pornographic websites , or “ the majority of the pornography on the Internet , ” according to the lawsuit — were sued in the Southern District of California Tuesday for @ @ @ @ @ @ @ by making millions of dollars streaming videos produced by GirlsDoPorn .
GirlsDoPorn and its operators face criminal sex trafficking charges in the same court after revelations by 22 Jane Does in a civil fraud trial in San Diego Superior Court last year revealed the college-age women had been duped into appearing in porn flicks based on the lie the videos would be sold on DVDs overseas and would not be published online .
Porn actor Andre Garcia has already pleaded guilty to one count of sex trafficking and is waiting to be sentenced @ @ @ @ @ @ @ In the latest lawsuit , 40 Jane Does claim GirlsDoPorn ’ s videos were able to go viral , resulting in paid subscriptions to its two websites featuring the full-length videos , because of the website ’ s partnership with PornHub and MindGeek .
The lawsuit follows a New York Times investigation last week , which revealed PornHub allowed users to post videos of rape and sexual assault .
In response , the website purged millions of user-uploaded videos from its platform not created by its content partners .
But not all of @ @ @ @ @ @ @ pornography , and the decision to remove user-uploaded videos Monday would not have applied to the GirlsDoPorn videos at issue in multiple lawsuits , attorney Brian Holm said in an interview with Courthouse News .
“ The actions they took would not have prevented this because GirlsDoPorn was accepted into their content partner program , ” Holm said .
“ They need to vet allegations even if they are against their content partners but they didn ’ t cancel their partnership with GirlsDoPorn until after the criminal complaint was filed , ” he @ @ @ @ @ @ @ challenging GirlsDoPorn ’ s allegedly fraudulent business practices he has spoken to 150 victims .
Additional women were able to join the plaintiffs from the GirlsDoPorn case in the suit at hand , because the statute of limitations for bringing civil claims under the Trafficking Victims Protection Act is 10 years , whereas the statute of limitations for the fraud claims filed in state court was three years , Holm said .
According to the 43-page lawsuit , MindGeek and PornHub made millions off GirlsDoPorn through its viewshare and content partner programs where @ @ @ @ @ @ @ s videos since 2011 .
The programs operated through URLs for the victims ’ videos contain affiliate “ trails ” and hyperlinked advertisements .
When clicked on through “ teaser ” video clips , the URLs redirect viewers away from “ freesites ” like PornHub and YouPorn to MindGeek ’ s “ paysite , ” Brazzers , or other “ paysites , ” including the two operated by GirlsDoPorn .
For viewers converted into paying subscribers , MindGeek and PornHub got a kickback through its partnership with GirlsDoPorn .
As of last fall @ @ @ @ @ @ @ the GirlsDoPorn channel on Pornhub had been viewed 700 million times and had more than 700,000 subscribers , according to the complaint .
MindGeek ’ s other free websites that hosted GirlsDoPorn videos including YouPorn , Tube8 and RedTube also had hundreds of millions of views , according to the complaint .
“ Plaintiffs are informed and believe MindGeek generated millions of dollars in affiliate fees and premium subscriptions from selling , marketing and exploiting videos featuring victims of GirlsDoPorn ’ s sex trafficking venture , including plaintiffs , ” the Does claim @ @ @ @ @ @ @ 2009 , “ and definitely by fall 2016 MindGeek knew GirlsDoPorn was trafficking its victims by using fraud , coercion , and intimidation as part of its customary business practices to get the women to film the videos.
” But when the women complained to MindGeek , detailing the fraud and coercion they were subjected to by GirlsDoPorn , and asking for their videos to be removed from its websites , it allegedly ignored their pleas .
According to the complaint , Jane Doe 11 submitted multiple takedown requests to MindGeek in August @ @ @ @ @ @ @ was in be removed from its websites .
She expressed she was suicidal due to the video being published online , but her videos remained on MindGeek ’ s websites until GirlsDoPorn ’ s operators were arrested in October 2019 .
“ MindGeek knew it was partnering with and profiting from a sex trafficking venture for years .
MindGeek also knew of the significant harassment and trauma GirlsDoPorn ’ s victims were enduring by its continued publication of the victims ’ videos .
MindGeek simply did not care and continued to partner with @ @ @ @ @ @ @ because of the indictments and arrests , ” the women claim in their complaint .
The Does seek more than $ 1 million each in compensatory and punitive damages and for MindGeek ’ s websites to be permanently blocked from profiting off of and publishing the GirlsDoPorn videos they are featured in .
MindGeek did not immediately respond to a request for comment Tuesday night .

Forty women dealt the latest blow to tech company PornHub Tuesday, suing the website and its parent company MindGeek for allegedly ignoring — and profiting from — the purported sex trafficking enterprise run by GirlsDoPorn, a website the same women blew the whistle on in a fraud trial last year.
SAN DIEGO (CN) — Forty women dealt the latest blow to tech company PornHub Tuesday, suing the website and its parent company MindGeek for allegedly ignoring — and profiting from — the purported sex-trafficking enterprise run by GirlsDoPorn, a website the same women blew the whistle on in a fraud trial last year.
PornHub and MindGeek — which owns and operates more than 100 pornographic websites, or “the majority of the pornography on the Internet,” according to the lawsuit — were sued in the Southern District of California Tuesday for allegedly violating the Trafficking Victims Protection Act by making millions of dollars streaming videos produced by GirlsDoPorn.
GirlsDoPorn and its operators face criminal sex trafficking charges in the same court after revelations by 22 Jane Does in a civil fraud trial in San Diego Superior Court last year revealed the college-age women had been duped into appearing in porn flicks based on the lie the videos would be sold on DVDs overseas and would not be published online.
Porn actor Andre Garcia has already pleaded guilty to one count of sex trafficking and is waiting to be sentenced by U.S. District Judge Janis Sammartino.
In the latest lawsuit, 40 Jane Does claim GirlsDoPorn’s videos were able to go viral, resulting in paid subscriptions to its two websites featuring the full-length videos, because of the website’s partnership with PornHub and MindGeek.
The lawsuit follows a New York Times investigation last week, which revealed PornHub allowed users to post videos of rape and sexual assault. In response, the website purged millions of user-uploaded videos from its platform not created by its content partners.
But not all of PornHub’s content partners create ethical pornography, and the decision to remove user-uploaded videos Monday would not have applied to the GirlsDoPorn videos at issue in multiple lawsuits, attorney Brian Holm said in an interview with Courthouse News.
“The actions they took would not have prevented this because GirlsDoPorn was accepted into their content partner program,” Holm said.
“They need to vet allegations even if they are against their content partners but they didn’t cancel their partnership with GirlsDoPorn until after the criminal complaint was filed,” he added.
Holm said since representing women challenging GirlsDoPorn’s allegedly fraudulent business practices he has spoken to 150 victims. Additional women were able to join the plaintiffs from the GirlsDoPorn case in the suit at hand, because the statute of limitations for bringing civil claims under the Trafficking Victims Protection Act is 10 years, whereas the statute of limitations for the fraud claims filed in state court was three years, Holm said.
According to the 43-page lawsuit, MindGeek and PornHub made millions off GirlsDoPorn through its viewshare and content partner programs where they have marketed and sold GirlsDoPorn’s videos since 2011.
The programs operated through URLs for the victims’ videos contain affiliate “trails” and hyperlinked advertisements. When clicked on through “teaser” video clips, the URLs redirect viewers away from “freesites” like PornHub and YouPorn to MindGeek’s “paysite,” Brazzers, or other “paysites,” including the two operated by GirlsDoPorn.
For viewers converted into paying subscribers, MindGeek and PornHub got a kickback through its partnership with GirlsDoPorn.
As of last fall, 70 videos hosted by MindGeek on the GirlsDoPorn channel on Pornhub had been viewed 700 million times and had more than 700,000 subscribers, according to the complaint.
MindGeek’s other free websites that hosted GirlsDoPorn videos including YouPorn, Tube8 and RedTube also had hundreds of millions of views, according to the complaint.
“Plaintiffs are informed and believe MindGeek generated millions of dollars in affiliate fees and premium subscriptions from selling, marketing and exploiting videos featuring victims of GirlsDoPorn’s sex trafficking venture, including plaintiffs,” the Does claim.
The women claim as early as 2009, “and definitely by fall 2016 MindGeek knew GirlsDoPorn was trafficking its victims by using fraud, coercion, and intimidation as part of its customary business practices to get the women to film the videos.”
But when the women complained to MindGeek, detailing the fraud and coercion they were subjected to by GirlsDoPorn, and asking for their videos to be removed from its websites, it allegedly ignored their pleas.
According to the complaint, Jane Doe 11 submitted multiple takedown requests to MindGeek in August 2016, requesting the GirlsDoPorn video she was in be removed from its websites. She expressed she was suicidal due to the video being published online, but her videos remained on MindGeek’s websites until GirlsDoPorn’s operators were arrested in October 2019.
“MindGeek knew it was partnering with and profiting from a sex trafficking venture for years. MindGeek also knew of the significant harassment and trauma GirlsDoPorn’s victims were enduring by its continued publication of the victims’ videos. MindGeek simply did not care and continued to partner with GirlsDoPorn until it was no longer profitable because of the indictments and arrests,” the women claim in their complaint.
The Does seek more than $1 million each in compensatory and punitive damages and for MindGeek’s websites to be permanently blocked from profiting off of and publishing the GirlsDoPorn videos they are featured in.
MindGeek did not immediately respond to a request for comment Tuesday night.


Bail Practices

HOUSTON — An appeals court in Texas upheld public admonitions against three Harris County magistrate judges relating to their bail @ @ @ @ @ were admonished for “ strictly following directives not to issue personal bonds to defendants per @ @ @ @ @ in whose court the underlying cases were assigned .
”

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


Religious Services

WASHINGTON — In light of its recent ruling in Roman Catholic Diocese of Brooklyn v. Cuomo , the U.S. Supreme @ @ @ @ @ in Colorado and New Jersey must reconsider the states ’ Covid-19-related restrictions on indoor religious @ @


Women’s Sports

PROVIDENCE , R.I. — A federal judge in Rhode Island approved a settlement between Brown University and student athletes in @ @ @ @ @ ’ s elimination of five women ’ s athletic varsity teams .
The settlement reinstates @ @ @ @ @ and fencing teams to varsity status .


courthousenews--2020-12-16--Environmentalists Sue Feds to Block Oil Project in Carrizo Plain National Monument

( CN ) — Southern California ’ s Carrizo Plain National Monument is home to spectacular pastel super blooms , ancient pictograph rock art and , if the Trump administration has its way , it will also be home to a new oil well and pipeline .
Environmental advocates sued the federal government on Tuesday to block the project that has had an on-again , off-again status over the last several years and , if approved , would cut through the near-pristine Carrizo Plain .
In their 24-page complaint , the Center for Biological Diversity and Los Padres Forestwatch claim @ @ @ @ @ @ @ the project without fully analyzing the environmental effects a pipeline would have on the region .
It isn ’ t the first time the weathered plain has been the focus of a federal agency .
The national monument site was established in 2001 during the Clinton administration and is the single largest native grassland region in California , untouched by the voracious agriculture industry found in San Luis Obispo County .
Previous oil operations have come and gone without ever hitting the motherlode on the plain .
In 2012 , the U.S. Bureau @ @ @ @ @ @ @ report for a new oil drilling permit , but just four years later the federal agency determined the site would be abandoned and the surrounding area restored to its natural conditions .
But under the Trump administration , the federal agency reversed course again and issued its decision to approve the well and pipeline .
And in May 2020 , the Trump administration announced it would resume plans to open the plain to oil drilling .
“ I find this action to be in conformance with applicable land use plans , that it @ @ @ @ @ @ @ it will not cause unnecessary or undue degradation , ” BLM Field Manager Gabriel Garcia said in the agency ’ s decision of record .
But that decision was based on information from the 2012 preliminary report with some updates , according to the complaint filed by the environmental advocates in the U.S. District Court for the Central District of California .
The complaint alleges the preliminary report “ failed to analyze many of the significant environmental impacts of drilling and operating a new well within the monument , ” and the federal @ @ @ @ @ @ @ ’ s impact to threatened , endangered and sensitive species .
The monument is home to the San Joaquin kit fox , the giant kangaroo rat , the California condor and many more organisms that would be impacted by the pipeline .
The plaintiffs also claim greenhouse gas emissions are understated in the government ’ s preliminary report and the entire project flies in the face of the agency ’ s plan to minimize impacts to wildlife and other resources .
E & B Natural Resources Management Corp. , which is not a @ @ @ @ @ @ @ construct a pipeline on federal lands in the Russell Ranch Oil Field that ’ s located in the San Luis Obispo County portion of the monument .
Environmental advocates say this would violate the Federal Land Policy and Management Act , the National Environmental Policy Act and the Administrative Procedure Act .
Senior scientist Ileene Anderson with the Center for Biological Diversity said it ’ s “ appalling that it takes a lawsuit ” to protect national monuments .
“ The Trump administration has flouted the law to appease polluting industries , decimate @ @ @ @ @ @ @ .
Thankfully this disastrous fracking frenzy is almost over , ” Anderson said in a statement , referring to the incoming Biden administration .
The monument has not seen much oil activity in recent years .
In 2013 , the Bureau of Land Management notified E & B that a dozen wells at the site were idle for more than 25 years and would need to be abandoned or brought back to production status .
Within two years of that notification , the oil company said it would move ahead with plugging the @ @ @ @ @ @ @ complaint several of the wells are currently “ idle.
” “ Of the twelve long-term idle wells in the Carrizo Plain National Monument identified by BLM in its September 2013 letter to E & B , 10 of the wells remain ‘ Idle ’ with no indication of when the wells will be returned to production or plugged and abandoned , ” the complaint states .
“ Eight of those 10 wells have been idle for over forty years , and a ninth has been idle for 38 years.
” The environmental advocacy @ @ @ @ @ @ @ ahead with the abandonment plan that was previously set-in motion .
The Bureau of Land Management did not immediately respond to requests for comment Tuesday .
“ Today ’ s lawsuit asks the Bureau to do what its own management plan requires it to do : Phase out oil drilling in the Carrizo Plain National Monument and clean up the mess that has been left behind , ” ForestWatch executive director Jeff Kuyper said in a statement .

Southern California’s Carrizo Plain National Monument is home to spectacular pastel super blooms, ancient pictograph rock art and, if the Trump administration has its way, it will also be home to a new oil well and pipeline.
(CN) — Southern California’s Carrizo Plain National Monument is home to spectacular pastel super blooms, ancient pictograph rock art, and, if the Trump administration has its way, a soon-to-be oil well and pipeline.
Environmental advocates sued the federal government on Tuesday to block the project that has had an on-again, off-again status over the last several years and, if approved, would cut through the near-pristine Carrizo Plain.
In their 24-page complaint, the Center for Biological Diversity and Los Padres Forestwatch claim the federal government is blazing forward on the project without fully analyzing the environmental effects a pipeline would have on the region.
It isn’t the first time the weathered plain has been the focus of a federal agency.
The national monument site was established in 2001 during the Clinton administration and is the single largest native grassland region in California, untouched by the voracious agriculture industry found in San Luis Obispo County.
Previous oil operations have come and gone without ever hitting the motherlode on the plain.
In 2012, the U.S. Bureau of Land Management issued a preliminary environmental report for a new oil drilling permit, but just four years later the federal agency determined the site would be abandoned and the surrounding area restored to its natural conditions.
But under the Trump administration, the federal agency reversed course again and issued its decision to approve the well and pipeline. And in May 2020, the Trump administration announced it would resume plans to open the plain to oil drilling.
“I find this action to be in conformance with applicable land use plans, that it effectively serves the public, and that it will not cause unnecessary or undue degradation,” BLM Field Manager Gabriel Garcia said in the agency’s decision of record.
But that decision was based on information from the 2012 preliminary report with some updates, according to the complaint filed by the environmental advocates in the U.S. District Court for the Central District of California.
The complaint alleges the preliminary report “failed to analyze many of the significant environmental impacts of drilling and operating a new well within the monument,” and the federal agency “glossed over” the project’s impact to threatened, endangered and sensitive species. The monument is home to the San Joaquin kit fox, the giant kangaroo rat, the California condor and many more organisms that would be impacted by the pipeline.
The plaintiffs also claim greenhouse gas emissions are understated in the government’s preliminary report and the entire project flies in the face of the agency’s plan to minimize impacts to wildlife and other resources.
E&B Natural Resources Management Corp., which is not a party to the suit, wants to construct a pipeline on federal lands in the Russell Ranch Oil Field that’s located in the San Luis Obispo County portion of the monument. Environmental advocates say this would violate the Federal Land Policy and Management Act, the National Environmental Policy Act and the Administrative Procedure Act.
Senior scientist Ileene Anderson with the Center for Biological Diversity said it’s “appalling that it takes a lawsuit” to protect national monuments.
“The Trump administration has flouted the law to appease polluting industries, decimate public lands and worsen the climate crisis. Thankfully this disastrous fracking frenzy is almost over,” Anderson said in a statement, referring to the incoming Biden administration.
The monument has not seen much oil activity in recent years.
In 2013, the Bureau of Land Management notified E&B that a dozen wells at the site were idle for more than 25 years and would need to be abandoned or brought back to production status. Within two years of that notification, the oil company said it would move ahead with plugging the wells.
However, according to the complaint several of the wells are currently "idle."
“Of the twelve long-term idle wells in the Carrizo Plain National Monument identified by BLM in its September 2013 letter to E&B, 10 of the wells remain ‘Idle’ with no indication of when the wells will be returned to production or plugged and abandoned,” the complaint states. “Eight of those 10 wells have been idle for over forty years, and a ninth has been idle for 38 years.”
The environmental advocacy groups argue the federal government should move ahead with the abandonment plan that was previously set-in motion.
The Bureau of Land Management did not immediately respond to requests for comment Tuesday.
“Today’s lawsuit asks the Bureau to do what its own management plan requires it to do: Phase out oil drilling in the Carrizo Plain National Monument and clean up the mess that has been left behind,” ForestWatch executive director Jeff Kuyper said in a statement.


Secret Recording

BOSTON — The First Circuit upheld a ruling in favor of two civil rights activists in Boston , finding a @ @ @ @ @ secret , nonconsensual audio recording of police officers discharging their official duties in public spaces @ @ @ @ @ .


courthousenews--2020-12-16--Ninth Circuit Blocks Covid Capacity Limits on Nevada Churches

( CN ) — Citing a recent precedent set by a Supreme Court reshaped by President Donald Trump , the Ninth Circuit on Tuesday blocked Nevada from enforcing Covid-19 restrictions on churches that are stricter than those imposed on casinos and other businesses .
A unanimous three-judge Ninth Circuit panel , borrowing the same reasoning laid out in the high court ’ s Nov. 27 ruling on New York ’ s Covid-19 limits for houses of worship , ordered Democratic Nevada Governor Steve Sisolak to stop imposing attendance limits stricter than 25 % building capacity on religious services .
Calvary @ @ @ @ @ @ @ east of Reno , argued that the state treated religious services less favorably than casinos , gyms , restaurants and other businesses that are subject to different sets of restrictions .
The Ninth Circuit and Supreme Court previously denied the church ’ s request for an emergency injunction to halt the state ’ s Covid-19 rules for houses of worship .
On July 24 , Chief Justice John Roberts sided with the court ’ s then-four liberal justices against the emergency petition .
But that was before liberal icon Justice Ruth Bader Ginsberg @ @ @ @ @ @ @ by Trump ’ s reliably conservative pick , Seventh Circuit Judge Amy Coney Barret .
In one of her first major votes on the high court , Barret sided with four conservative justices on Nov. 27 to bar enforcement of New York ’ s attendance limits for churches and synagogues in areas hit hard by the novel coronavirus .
The majority found the rules , which placed stricter limits on religious services than businesses like grocery stores , “ single out houses of worship for especially harsh treatment.
” Chief Justice Roberts , @ @ @ @ @ @ @ the court ’ s three liberal justices in dissent .
On Tuesday , a Ninth Circuit panel adopted that logic in an 11-page opinion blocking enforcement of Nevada ’ s Covid-19 limits for indoor religious services .
“ Just like the New York restrictions , the directive treats numerous secular activities and entities significantly better than religious worship services , ” U.S .
Circuit Judge Milan Smith , a George W. Bush appointee , wrote for the panel .
The panel acknowledged that Nevada ’ s rules , which imposed a 50-person cap @ @ @ @ @ @ @ strict than New York ’ s limits , which capped church attendance at 10 people in “ red zone ” areas with high rates of Covid-19 cases and hospitalizations .
Nevertheless , the panel found both sets of rules imposed stricter limits on religious services compared to businesses like casinos , gyms , restaurants and retail stores , which were capped at 50 % of fire-code capacity in Nevada .
The panel noted the state could have tied attendance limits for houses of worship to building capacity as it did for other establishments @ @ @ @ @ @ @ different standard on religious services .
That “ disparate treatment ” triggered a higher standard of review , or strict scrutiny , of the attendance limits for churches and their compliance with the First Amendment right to free exercise of religion .
Under that microscope , the panel concluded the rules meant to further a legitimate governmental aim — to curb the spread of the virus — went too far .
“ Though slowing the spread of Covid-19 is a compelling interest , the directive is not narrowly tailored to serve that interest @ @ @ @ @ @ @ Circuit Judge Mark Bennett , a Trump appointee , and Senior U.S .
Circuit Judge Danny Boggs , a Ronald Reagan appointee sitting by designation from the Sixth Circuit , joined Smith on the panel .
Calvary Church ’ s attorney , David Cortman of Alliance Defending Freedom , called the Ninth Circuit ’ s ruling a “ significant win ” in a statement Tuesday .
“ There is no constitutional right to gamble , but there is one that protects attending worship services , ” Cortman said .
“ Today , the @ @ @ @ @ @ @ a minimum , Calvary Chapel Dayton Valley can ’ t be treated more harshly than Nevada ’ s casinos , bowling alleys , retail businesses , restaurants , and arcades .
Such disparate treatment is both illogical and unconstitutional.
” A spokeswoman for Nevada Attorney General Aaron Ford ’ s office said by email that the appeals court ’ s decision mostly aligns with the state ’ s current Covid-19 limits for indoor religious services , which caps attendance at 25 % of building capacity .
“ The only change is the removal @ @ @ @ @ @ @ institutions , ” spokeswoman Monica Moazez said .
“ We look forward to continuing to work with the community , including faith leaders , to limit the spread of this terrible virus.
” The Nevada AG ’ s Office has not yet decided whether it will appeal the Ninth Circuit ’ s decision , she added .

Citing a recent precedent set by a Supreme Court reshaped by President Donald Trump, the Ninth Circuit on Tuesday blocked Nevada from enforcing Covid-19 restrictions on churches that are stricter than those imposed on casinos and other businesses.
(CN) — Citing a recent precedent set by a Supreme Court reshaped by President Donald Trump, the Ninth Circuit on Tuesday blocked Nevada from enforcing Covid-19 restrictions on churches that are stricter than those imposed on casinos and other businesses.
A unanimous three-judge Ninth Circuit panel, borrowing the same reasoning laid out in the high court’s Nov. 27 ruling on New York’s Covid-19 limits for houses of worship, ordered Democratic Nevada Governor Steve Sisolak to stop imposing attendance limits stricter than 25% building capacity on religious services.
Calvary Chapel Dayton Valley, a rural church east of Reno, argued that the state treated religious services less favorably than casinos, gyms, restaurants and other businesses that are subject to different sets of restrictions.
The Ninth Circuit and Supreme Court previously denied the church’s request for an emergency injunction to halt the state’s Covid-19 rules for houses of worship. On July 24, Chief Justice John Roberts sided with the court’s then-four liberal justices against the emergency petition. But that was before liberal icon Justice Ruth Bader Ginsberg died in late September and was replaced by Trump’s reliably conservative pick, Seventh Circuit Judge Amy Coney Barret.
In one of her first major votes on the high court, Barret sided with four conservative justices on Nov. 27 to bar enforcement of New York’s attendance limits for churches and synagogues in areas hit hard by the novel coronavirus. The majority found the rules, which placed stricter limits on religious services than businesses like grocery stores, “single out houses of worship for especially harsh treatment.” Chief Justice Roberts, a George W. Bush appointee, joined the court’s three liberal justices in dissent.
On Tuesday, a Ninth Circuit panel adopted that logic in an 11-page opinion blocking enforcement of Nevada’s Covid-19 limits for indoor religious services.
“Just like the New York restrictions, the directive treats numerous secular activities and entities significantly better than religious worship services,” U.S. Circuit Judge Milan Smith, a George W. Bush appointee, wrote for the panel.
The panel acknowledged that Nevada’s rules, which imposed a 50-person cap on indoor religious services, were less strict than New York’s limits, which capped church attendance at 10 people in “red zone” areas with high rates of Covid-19 cases and hospitalizations.
Nevertheless, the panel found both sets of rules imposed stricter limits on religious services compared to businesses like casinos, gyms, restaurants and retail stores, which were capped at 50% of fire-code capacity in Nevada.
The panel noted the state could have tied attendance limits for houses of worship to building capacity as it did for other establishments, but instead chose to impose a different standard on religious services.
That “disparate treatment” triggered a higher standard of review, or strict scrutiny, of the attendance limits for churches and their compliance with the First Amendment right to free exercise of religion. Under that microscope, the panel concluded the rules meant to further a legitimate governmental aim — to curb the spread of the virus — went too far.
“Though slowing the spread of Covid-19 is a compelling interest, the directive is not narrowly tailored to serve that interest,” Smith wrote.
U.S. Circuit Judge Mark Bennett, a Trump appointee, and Senior U.S. Circuit Judge Danny Boggs, a Ronald Reagan appointee sitting by designation from the Sixth Circuit, joined Smith on the panel.
Calvary Church’s attorney, David Cortman of Alliance Defending Freedom, called the Ninth Circuit’s ruling a “significant win” in a statement Tuesday.
“There is no constitutional right to gamble, but there is one that protects attending worship services,” Cortman said. “Today, the Ninth Circuit made clear that, at a minimum, Calvary Chapel Dayton Valley can’t be treated more harshly than Nevada’s casinos, bowling alleys, retail businesses, restaurants, and arcades. Such disparate treatment is both illogical and unconstitutional.”
A spokeswoman for Nevada Attorney General Aaron Ford’s office said by email that the appeals court’s decision mostly aligns with the state’s current Covid-19 limits for indoor religious services, which caps attendance at 25% of building capacity.
“The only change is the removal of a total capacity limit for larger institutions,” spokeswoman Monica Moazez said. “We look forward to continuing to work with the community, including faith leaders, to limit the spread of this terrible virus."
The Nevada AG’s Office has not yet decided whether it will appeal the Ninth Circuit’s decision, she added.


Panhandling

BOSTON — An anti-panhandling statute that made it a crime for people to solicit donations from drivers violated the First @ @ @ @ @ , the Massachusetts Supreme Judicial court ruled .


courthousenews--2020-12-17--Judge Questions Birth Control Mandate Likely to Change With Biden Administration

OAKLAND , Calif. ( CN ) — In the waning days of the Trump administration , a federal judge is wrestling with whether to vacate federal rules that allow employers to opt out of paying for birth control on religious or moral grounds .
“ I ’ m going to go out on a limb and say it could well be that the Department of Health and Human Services will have a different perspective on these issues than the current one , ” U.S. District Judge Haywood Gilliam said Wednesday .
He noted that California Attorney General Xavier Becerra is @ @ @ @ @ @ @ the HHS , uniquely positioning him to go from plaintiff to defendant in a protracted legal battle between the federal government and a California-led coalition of states over cost-free birth control .
The two rules at issue exempt employers with either “ moral convictions ” or “ sincerely held religious beliefs ” from providing contraceptive coverage as required by the 2010 Affordable Care Act , which mandates all women have access to preventative care .
The rules built on an exemption that originally applied only to churches .
But the Health and Human @ @ @ @ @ @ @ family-owned , non-publicly traded corporations whose owners say that paying for birth control would violate their religious beliefs .
Exempted entities no longer need to certify their objection or otherwise notify the federal government of their decision to stop providing coverage .
Gilliam previously granted an injunction temporarily barring the rules from being enforced in 13 states and the District of Columbia .
One day later , another federal judge in Philadelphia issued a nationwide injunction .
The Ninth Circuit upheld Gilliam ’ s injunction last year , and the Third Circuit upheld @ @ @ @ @ @ @ Judge Wendy Beetlestone .
The U.S. Supreme Court reversed the Third Circuit in July , with a majority ruling finding the administration has broad authority under the ACA to promulgate religious and moral exemptions to its contraceptive mandate .
With the injunction dissolved by the high court , Gilliam is now faced with the unenviable task of determining whether the exemptions are reasonable or arbitrary and capricious .
Gilliam seemed torn as to whether he should rule in the case or adopt a wait-and-see approach .
“ It seems plain that in some @ @ @ @ @ @ @ we ’ re going to have some adjustment in the department ’ s approach on this , ” he said .
“ That raises the question : What should I do in the interim ?
It ’ s very likely to be the case that very soon there is an effort to modify this rule.
” Supervising Deputy Attorney General Karli Eisenberg urged Gilliam to act now .
“ The court need not presume or guess what a new administration will do and when they will do it .
Attorney General Becerra still @ @ @ @ @ @ @ through and these rules are in effect now and impacting women now.
” The Trump administration estimates that 127,000 women would lose access to free birth control pills under the new rules .
Representing intervenors the Little Sisters of the Poor , a religious nonprofit operated by an order of Catholic nuns , attorney Mark Rienzi with The Becket Fund said he would prefer Gilliam not to defer ruling in the case , now more than three years old .
“ We ’ re sitting here talking about a rule that the last @ @ @ @ @ @ @ his administration , ’ Rienzi said .
“ We really do need to get to an answer if we can.
” Further complicating matters is an Obama-era accommodation allowing closely-held corporations with religious objections to avoid paying for birth control by having it covered by group health insurance plans .
The Little Sisters , however , maintained that this accommodation made them “ complicit ” in providing contraception .
Rienzi asked that Gilliam rule in a way that lets employers take advantage of the accommodation while carving out an exemption for religious objectors @ @ @ @ @ @ @ and logic tells us that if somebody doesn ’ t object to the accommodation , there ’ s no reason in the world for them not to take it .
It ’ s free stuff , paid for by somebody else , ” he said .
“ Every employer who has the option to get free stuff that ’ s generally popular with their employees is going to take advantage of it .
So I don ’ t think it ’ s a real problem .
I have no issue with a ruling @ @ @ @ @ @ @ be read to extend to entities with no objection to the accommodation.
” Gilliam took the arguments under submission , saying , “ I ’ m going to give some thought as to procedurally what the right way to proceed is .
So you may hear from me or you may not hear from me for a while .
”

In the waning days of the Trump administration, a federal judge is wrestling with whether to vacate federal rules that allow employers to opt out of paying for birth control on religious or moral grounds.
OAKLAND, Calif. (CN) — In the waning days of the Trump administration, a federal judge is wrestling with whether to vacate federal rules that allow employers to opt out of paying for birth control on religious or moral grounds.
“I'm going to go out on a limb and say it could well be that the Department of Health and Human Services will have a different perspective on these issues than the current one,” U.S. District Judge Haywood Gilliam said Wednesday.
He noted that California Attorney General Xavier Becerra is poised to become the new head of the HHS, uniquely positioning him to go from plaintiff to defendant in a protracted legal battle between the federal government and a California-led coalition of states over cost-free birth control.
The two rules at issue exempt employers with either “moral convictions” or “sincerely held religious beliefs” from providing contraceptive coverage as required by the 2010 Affordable Care Act, which mandates all women have access to preventative care.
The rules built on an exemption that originally applied only to churches. But the Health and Human Services extended that privilege in 2017 to family-owned, non-publicly traded corporations whose owners say that paying for birth control would violate their religious beliefs. Exempted entities no longer need to certify their objection or otherwise notify the federal government of their decision to stop providing coverage.
Gilliam previously granted an injunction temporarily barring the rules from being enforced in 13 states and the District of Columbia. One day later, another federal judge in Philadelphia issued a nationwide injunction. The Ninth Circuit upheld Gilliam’s injunction last year, and the Third Circuit upheld the nationwide one issued by U.S. District Judge Wendy Beetlestone.
The U.S. Supreme Court reversed the Third Circuit in July, with a majority ruling finding the administration has broad authority under the ACA to promulgate religious and moral exemptions to its contraceptive mandate.
With the injunction dissolved by the high court, Gilliam is now faced with the unenviable task of determining whether the exemptions are reasonable or arbitrary and capricious.
Gilliam seemed torn as to whether he should rule in the case or adopt a wait-and-see approach.
"It seems plain that in some number of days into the new administration we're going to have some adjustment in the department’s approach on this,” he said. “That raises the question: What should I do in the interim? It’s very likely to be the case that very soon there is an effort to modify this rule.”
Supervising Deputy Attorney General Karli Eisenberg urged Gilliam to act now. “The court need not presume or guess what a new administration will do and when they will do it. Attorney General Becerra still has a senate confirmation process to get through and these rules are in effect now and impacting women now.”
The Trump administration estimates that 127,000 women would lose access to free birth control pills under the new rules.
Representing intervenors the Little Sisters of the Poor, a religious nonprofit operated by an order of Catholic nuns, attorney Mark Rienzi with The Becket Fund said he would prefer Gilliam not to defer ruling in the case, now more than three years old.
“We're sitting here talking about a rule that the last new president was talking about early in his administration,’ Rienzi said. “We really do need to get to an answer if we can.”
Further complicating matters is an Obama-era accommodation allowing closely-held corporations with religious objections to avoid paying for birth control by having it covered by group health insurance plans. The Little Sisters, however, maintained that this accommodation made them “complicit” in providing contraception.
Rienzi asked that Gilliam rule in a way that lets employers take advantage of the accommodation while carving out an exemption for religious objectors like the Little Sisters.
“Experience and logic tells us that if somebody doesn’t object to the accommodation, there’s no reason in the world for them not to take it. It’s free stuff, paid for by somebody else,” he said.
“Every employer who has the option to get free stuff that’s generally popular with their employees is going to take advantage of it. So I don’t think it’s a real problem. I have no issue with a ruling that says this rule shouldn’t be read to extend to entities with no objection to the accommodation.”
Gilliam took the arguments under submission, saying, “I’m going to give some thought as to procedurally what the right way to proceed is. So you may hear from me or you may not hear from me for a while.”


courthousenews--2020-12-17--California Courts Covid Update

California Courts Covid Update

Dec. 11 , 2020 : Updated notice to litigants and attorneys appearing in Departments 7 and 13 Dec. 9 , @ @ @ @ @ Office closed until further notice due to surge in pandemic , courtroom proceedings will continue @ @ @ @ @ notice Dec. 9 , 2020 : Order renews suspension of jury trials and in-person proceedings @ @ @ @ @ Dec. 9 , 2020 : Press release regarding changes in court operations due to the @


courthousenews--2020-12-17--Evidence Shows Uighur Forced Labor in Chinese Cotton Fields

The world ’ s clothiers have been confronted with a dirty secret : 20 % of the world ’ s cotton — including supplies used to make their haute couture — is being picked by the Uighurs , a mostly Muslim ethnic group in China .
And they ’ re not working in the fields willingly .
( CN ) — There ’ s a gulag somewhere in northwest China , Xinjiang to be precise , with a million lost souls crammed into dank , hole-in-the-wall cells .
Its residents sleep on hard , bedbug-infested mats , eat watered down @ @ @ @ @ @ @ corner .
It ’ s the kind of place that makes New York City ’ s notorious main jail on Rikers Island look like a subpar motel .
Their offence ?
Being Uighur — a small handful of their kind accused of terrorism became enough to damn the whole lot under China ’ s hardline approach .
Conflict between the Han and Uighurs is nothing new .
In 1765 , after putting down the Uighur ’ s Ush rebellion , the Manchus ordered the massacre of an entire rebel town — killing the @ @ @ @ @ @ @ .
The conflict has devolved from there and taken on new forms over the centuries .
This gulag is partitioned into three groups : the religious , the criminal — real or imagined — and those who have traveled abroad .
The prisoners are forced to sing the praises of Chinese leader Xi Jinping before being allowed to eat their meager fare , and disobeying a guard earns you a few days of lugging around a 50-pound metal suit .
For years , China refused to even acknowledge these internment camps existence , @ @ @ @ @ @ @ suggesting the government is only interested in helping a group of impoverished residents .
But satellite images don ’ t often lie .
And the prisoners ’ misery doesn ’ t end at the cell block .
The BBC recently reported China is renting out half a million detained Uighurs to pick cotton in what amounts to slave labor , but which China callously brands as “ vocational training.
” There are around 11 million Uighurs living in and around Xinyang .
A mostly Muslim Turkic group , they have their own customs @ @ @ @ @ @ @ least had .
In recent years , the Chinese government has been forcing them to trade all that in for Mandarin lessons and “ superior ” Han Chinese culture .
The government has even encouraged ethnic Han Chinese citizens to move to Xinjiang to dilute the Uighur ’ s influence in that region — ensuring the whip remains in the right hands .
This month , the U.S. Department of Homeland Security announced customs personnel at U.S. ports of entry will detain shipments of Chinese cotton coming from Xinjiang Production and Construction Corps @ @ @ @ @ @ @ XPCC is the quasi-military organization in China responsible for running the prison camps and producing a third of the country ’ s cotton .
Prior to the ban , more than 500 million products containing XPCC cotton entered the U.S. every year , according to labor rights group Worker Rights Consortium .
Major fashion brands have been working for months to ferret out any Xinjiang-produced cotton from their supply chains , yet few are able to prove that their goods were manufactured by willing and well-treated employees .
With one-fifth of the world @ @ @ @ @ @ @ littered with internment camps and rife with forced labor , some of your favorite retailers may well be complicit .
Because the global retail supply chain is nebulous at best , it ’ s not always clear where raw materials like cotton actually originate , or how , and few companies appear willing to speak up .
At this point , gulag-produced cotton can be found on the racks of nearly every major American and European retailer .
Robert-Jan Bartunek , a senior manager at German sportswear maker Puma , said his company @ @ @ @ @ @ @ and will cut ties with any supplier who does .
Puma was mentioned in the Australian Strategy Institute ’ s report on forced labor in Xinjiang among the companies who are complicit , an allegation he vehemently denies .
“ Every manufacturer of Puma has to go through a compliance audit for social and environmental standards before starting the business relationship , ” Bartunek said in an email .
“ Only those manufacturers who pass this audit are included in our supplier base .
After starting the business relationship , our manufacturers are @ @ @ @ @ @ @ ; so they are reaudited every year.
” A representative from Nike also confirmed that the company doesn ’ t use products from the Xinjiang region , while acknowledging that tracing the source of the raw materials used in their products remains a challenge across the apparel industry .
“ Nike is committed to ethical and responsible manufacturing and we uphold international labor standards , ” the Nike representative said in an email .
“ We are deeply concerned about reports of forced labor in , and connected to , the XUAR [ @ @ @ @ @ @ @ do not source products from the XUAR and we have confirmed with our contract suppliers that they are not using textiles or spun yarn from the region.
” Requests for supply chain details from fashion retailers Gap , Tom Ford , Tommy Hilfiger and The North Face ’ s parent company VF had not been answered by press time .
Dr. Adrian Zenz , a senior fellow at the Victims of Communism Memorial Foundation in Washington who uncovered the trove of damning documents detailing the forced labor camps , called the evidence damning @ @ @ @ @ @ @ not only have evidence of Uighur forced labour in manufacturing , in garment making , it ’ s directly about the picking of cotton , and I think that is such a game-changer , ” Zenz told the BBC .
“ Anyone who cares about ethical sourcing has to look at Xinjiang , which is 85 % of China ’ s cotton and 20 % of the world ’ s cotton , and say , ‘ We can ’ t do this anymore.
’ ” Xinjiang , China ’ s largest province , @ @ @ @ @ @ @ — about four times larger than California .
It ’ s mostly covered with desert and dry grasslands , less than 10 % of which is inhabitable , bisected by the Tian Shan mountain range .
Half of Xinjiang ’ s 25 million residents are Uighurs , who mainly live within the narrow agricultural belts stretching along the foothills .
China rejects the notion of the Uighurs being an indigenous group , and merely classifies them among the country ’ s 55 officially recognized ethnic minorities .
While studies differ in their numbers @ @ @ @ @ @ @ closer to Caucasians than they are to Han Chinese .
Conflict between the Han and Uighurs is nothing new .
In 1765 , after putting down the Uighur ’ s Ush rebellion , the Manchus ordered the massacre of an entire rebel town — killing the men and enslaving the women and children .
The conflict has devolved from there and taken on new forms over the centuries .
While China claims these individuals have volunteered to work in the cotton fields , the documents released this week reveal a tale of one @ @ @ @ @ @ @ .
Government officials visited the village repeatedly for “ thought education work.
” What threats they made remain unknown — but they managed to ship off 20 previously reluctant villagers to those dank , concrete cells , with plans to send another 60 soon .
An offence as seemingly inconsequential as installing an encrypted messaging app or traveling out of the country has proven sufficient to round up an entire family .
Many Uighurs have been stranded overseas , forced to weigh the fear of slavery should they return with the knowledge that @ @ @ @ @ @ @ the bill for their escape .

The world's clothiers have been confronted with a dirty secret: 20% of the world's cotton — including supplies used to make their haute couture — is being picked by the Uighurs, a mostly Muslim ethnic group in China. And they're not working in the fields willingly.
(CN) — There’s a gulag in the vast Eurasian Steppe with a million lost souls crammed into dank, hole-in-the-wall cells. Its residents sleep on hard, bedbug-infested mats, eat watered down soup and use a bucket in the corner.
It’s the kind of place that makes New York City’s notorious main jail on Rikers Island look like a subpar motel. Their offence? Being Uighur — a small handful of their kind accused of terrorism became enough to damn the whole lot under China’s hardline approach.
Conflict between the Han and Uighurs is nothing new. In 1765, after putting down the Uighur’s Ush rebellion, the Manchus ordered the massacre of an entire rebel town — killing the men and enslaving the women and children. The conflict has devolved from there and taken on new forms over the centuries.
In modern-day China, many of the most prominent TV and movie stars are from this region, partly because of their Western-accented facial features.
The gulag is partitioned into three groups: the religious, the criminal — real or imagined — and those who have traveled abroad. The prisoners are forced to sing the praises of Chinese leader Xi Jinping before being allowed to eat their meager fare, and disobeying a guard earns you a few days of lugging around a 50-pound metal suit.
For years, China refused to even acknowledge these internment camps existence, parroting a list of official talking points suggesting the government is only interested in helping a group of impoverished residents. But satellite images don’t often lie.
And the prisoners’ misery doesn’t end at the cell block. The BBC recently reported China is renting out half a million detained Uighurs to pick cotton in what amounts to slave labor, but which China callously brands as “vocational training.”
There are around 11 million Uighurs living in and around Xinyang. A mostly Muslim Turkic group, they have their own customs, clothes and language, or at least had. In recent years, the Chinese government has been forcing them to trade all that in for Mandarin lessons and “superior” Han Chinese culture. The government has even encouraged ethnic Han Chinese citizens to move to Xinjiang to dilute the Uighur’s influence in that region — ensuring the whip remains in the right hands.
FILE - In this Monday, Dec. 3, 2018, file photo, people line up at the Artux City Vocational Skills Education Training Service Center at the Kunshan Industrial Park in Artux in western China's Xinjiang region. The Associated Press has found that the Chinese government is carrying out a birth control program aimed at Uighurs, Kazakhs and other largely Muslim minorities in Xinjiang, even as some of the country's Han majority is encouraged to have more children. The measures include detention in prisons and camps, such as this facility in Artux, as punishment for having too many children. (AP Photo/Ng Han Guan, File)
This month, the U.S. Department of Homeland Security announced customs personnel at U.S. ports of entry will detain shipments of Chinese cotton coming from Xinjiang Production and Construction Corps (XPCC) and its affiliates. XPCC is the quasi-military organization in China responsible for running the prison camps and producing a third of the country’s cotton.
Prior to the ban, more than 500 million products containing XPCC cotton entered the U.S. every year, according to labor rights group Worker Rights Consortium. Major fashion brands have been working for months to ferret out any Xinjiang-produced cotton from their supply chains, yet few are able to prove that their goods were manufactured by willing and well-treated employees.
With one-fifth of the world’s cotton supplied by a region littered with internment camps and rife with forced labor, some of your favorite retailers may well be complicit. Because the global retail supply chain is nebulous at best, it’s not always clear where raw materials like cotton actually originate, or how, and few companies appear willing to speak up.
At this point, gulag-produced cotton can be found on the racks of nearly every major American and European retailer.
Robert-Jan Bartunek, a senior manager at German sportswear maker Puma, said his company actively avoids sourcing any cotton from Xinjiang and will cut ties with any supplier who does. Puma was mentioned in the Australian Strategy Institute’s report on forced labor in Xinjiang among the companies who are complicit, an allegation he vehemently denies.
“Every manufacturer of Puma has to go through a compliance audit for social and environmental standards before starting the business relationship,” Bartunek said in an email. “Only those manufacturers who pass this audit are included in our supplier base. After starting the business relationship, our manufacturers are checked annually for compliance with our standards; so they are reaudited every year.”
A representative from Nike also confirmed that the company doesn’t use products from the Xinjiang region, while acknowledging that tracing the source of the raw materials used in their products remains a challenge across the apparel industry.
“Nike is committed to ethical and responsible manufacturing and we uphold international labor standards,” the Nike representative said in an email. “We are deeply concerned about reports of forced labor in, and connected to, the XUAR [Xinjuang Uighur Autonomous Region]. We do not source products from the XUAR and we have confirmed with our contract suppliers that they are not using textiles or spun yarn from the region.”
Requests for supply chain details from fashion retailers Gap, Tom Ford, Tommy Hilfiger and The North Face’s parent company VF had not been answered by press time.
Dr. Adrian Zenz, a senior fellow at the Victims of Communism Memorial Foundation in Washington who uncovered the trove of documents detailing the forced labor camps, called the evidence damning.
“For the first time we not only have evidence of Uighur forced labour in manufacturing, in garment making, it’s directly about the picking of cotton, and I think that is such a game-changer,” Zenz told the BBC. “Anyone who cares about ethical sourcing has to look at Xinjiang, which is 85% of China’s cotton and 20% of the world’s cotton, and say, ‘We can’t do this anymore.’”
Xinjiang, China’s largest province, covers an area spanning 640,000 square miles — about four times larger than California. It’s mostly covered with desert and dry grasslands, less than 10% of which is inhabitable, bisected by the Tian Shan mountain range. Half of Xinjiang’s 25 million residents are Uighurs, who mainly live within the narrow agricultural belts stretching along the foothills.
China rejects the notion of the Uighurs being an indigenous group, and merely classifies them among the country’s 55 officially recognized ethnic minorities. While studies differ in their numbers, many found Uighurs to be ethnically closer to Caucasians than they are to Han Chinese.
Photo taken from undated footage on China CCTV shows Muslim trainees at work in a garment factory in Xinjiang, where China has effectively imprisoned hundreds of thousands of Uighurs and Kazakhs.
While China claims these individuals have volunteered to work in the cotton fields, the documents released this week reveal a tale of one Uighur village whose occupants refused to participate. Government officials visited the village repeatedly for “thought education work.” What threats they made remain unknown — but they managed to ship off 20 previously reluctant villagers to those dank, concrete cells, with plans to send another 60 soon.
An offence as seemingly inconsequential as installing an encrypted messaging app or traveling out of the country has proven sufficient to round up an entire family. Many Uighurs have been stranded overseas, forced to weigh the fear of slavery should they return with the knowledge that their families in China are stuck with the bill for their escape.


courthousenews--2020-12-17--‘Tiger King’ Star Sues Justice Department Over Pardon Rejection

FORT WORTH , Texas ( CN ) — Imprisoned “ Tiger King ” docuseries star Joe Exotic sued the Justice Department Wednesday , disputing a rejection of his pardon application because it was not presented directly to President Donald Trump .
Joseph Maldonado-Passage , 57 , sued the U.S. Office of the Pardon Attorney in federal court in Fort Worth .
He is currently an inmate at the nearby Federal Medical Center Fort Worth .
He was convicted in 2019 on two counts of murder-for-hire , eight counts of violating the Lacey Act for falsifying wildlife records and nine counts @ @ @ @ @ @ @ Exotic was sentenced to 22 years in federal prison for trying to hire a hitman for $ 10,000 to kill rival tiger enthusiast and “ Tiger King ” co-star Carole Baskin .
Exotic claims his pardon application was rejected by Acting Pardon Attorney Rosalind Sargent-Burns two days after it was filed in September .
He disputes her determination that the rejection is final and wants the court to compel her office to present the pardon with a recommendation to Trump .
“ Although the email conceded that the President had the ultimate authority @ @ @ @ @ @ @ , the email nevertheless implied that the Office of the Pardon Attorney was not sending the recommendation to the President and instead was usurping the role of final decision maker on the pardon , ” the six-page complaint states .
Exotic says his attorneys responded that the office is required under federal regulations to forward the pardon application to the president for him to decide .
“ In response to this reminder , William Taylor , with the US Pardon Attorney Office , acknowledged the President ’ s plenary power , ” the @ @ @ @ @ @ @ US Pardon Attorney Office has yet to forward the pardon with a recommendation to the president.
” Sargent-Burns did not immediately respond to an email message requesting comment Wednesday evening .
Exotic ’ s lawsuit comes eight months after Trump joked at a White House Covid-19 briefing that he would “ take a look ” at pardoning him .
A reporter had asked Trump about comments his son , Donald Trump Jr. , had made about the hit Netflix show .
“ Do you think he did it ?
Are you on his @ @ @ @ @ @ @ smile .
“ I ’ ll take a look at it .
That ’ s Joe Exotic.
” “ Tiger King ” was a hit for Netflix during the early months of the pandemic , as over 34 million unique viewers streamed the show in the 10 days since its launch in March .
The show follows several of the eccentric personalities in the tiger enthusiast community and focuses on Exotic ’ s obsessive behavior towards rival Baskin after he entered into a $ 1 million settlement in a trademark case she filed @ @ @ @ @ @ @ Baskin of playing a role in the disappearance of her husband , suggesting she fed his body to her tigers to take over his assets .
Trump Jr. had professed his love for the show during an April interview on SiriusXM , saying it took him “ two sittings ” to finish the series .
“ When they say ‘ We are putting this guy away for 30 years , ’ it seems aggressive , ” he said .
“ Because of coronavirus , Riker ’ s Island — these liberal places — @ @ @ @ @ @ @ are releasing child rapists because they are worried they have some pre-existing condition and then they get coronavirus in jail and get in trouble .
I don ’ t know , guys .
I kind of want to leave the child rapist in prison.
” Exotic himself was transferred to FMC Fort Worth in March as a precaution after the Oklahoma county jail he was being kept in had a Covid-19 outbreak .
Baskin seems to have gotten the last laugh , as a federal judge awarded her control of Exotic ’ s @ @ @ @ @ @ @ her trademark judgment .
U.S. District Judge Scott Palk ruled the 16.4-acre Wynnewood property was fraudulently transferred from Exotic to his mother to keep it away from Baskin .
“ Big Cat Rescue ’ s constructive trust and equitable lien in and to the buildings shall survive any physical or title transfer of the building and shall follow any proceeds , except as to a good faith purchased for value , ” Palk ordered at the time .
Exotic has kept himself busy while behind bars , serving as his own attorney in @ @ @ @ @ @ @ March against the U.S .
Fish and Wildlife Service , U.S. Department of Interior and several of his perceived enemies .
Exotic claims a vast conspiracy exists to take his animals away from him .
Exotic is represented in Wednesday ’ s lawsuit by Francisco Hernandez in Fort Worth .

Imprisoned “Tiger King” docuseries star Joe Exotic sued the Justice Department Wednesday, disputing a rejection of his pardon application because it was not presented directly to President Donald Trump.
FORT WORTH, Texas (CN) — Imprisoned “Tiger King” docuseries star Joe Exotic sued the Justice Department Wednesday, disputing a rejection of his pardon application because it was not presented directly to President Donald Trump.
Joseph Maldonado-Passage, 57, sued the U.S. Office of the Pardon Attorney in federal court in Fort Worth. He is currently an inmate at the nearby Federal Medical Center Fort Worth.
He was convicted in 2019 on two counts of murder-for-hire, eight counts of violating the Lacey Act for falsifying wildlife records and nine counts of violating the Endangered Species Act.
Exotic was sentenced to 22 years in federal prison for trying to hire a hitman for $10,000 to kill rival tiger enthusiast and “Tiger King” co-star Carole Baskin.
Exotic claims his pardon application was rejected by Acting Pardon Attorney Rosalind Sargent-Burns two days after it was filed in September. He disputes her determination that the rejection is final and wants the court to compel her office to present the pardon with a recommendation to Trump.
“Although the email conceded that the President had the ultimate authority to make a decision on the pardon, the email nevertheless implied that the Office of the Pardon Attorney was not sending the recommendation to the President and instead was usurping the role of final decision maker on the pardon,” the six-page complaint states.
Exotic says his attorneys responded that the office is required under federal regulations to forward the pardon application to the president for him to decide.
“In response to this reminder, William Taylor, with the US Pardon Attorney Office, acknowledged the President’s plenary power,” the complaint states. “However, the US Pardon Attorney Office has yet to forward the pardon with a recommendation to the president.”
The Justice Department declined to comment on the lawsuit Thursday morning.
Exotic’s lawsuit comes eight months after Trump joked at a White House Covid-19 briefing that he would “take a look” at pardoning him. A reporter had asked Trump about comments his son, Donald Trump Jr., had made about the hit Netflix show.
“Do you think he did it? Are you on his side,” Trump asked with a smile. “I’ll take a look at it. That’s Joe Exotic.”
“Tiger King” was a hit for Netflix during the early months of the pandemic, as over 34 million unique viewers streamed the show in the 10 days since its launch in March.
The show follows several of the eccentric personalities in the tiger enthusiast community and focuses on Exotic’s obsessive behavior towards rival Baskin after he entered into a $1 million settlement in a trademark case she filed against him.
Exotic has repeatedly accused Baskin of playing a role in the disappearance of her husband, suggesting she fed his body to her tigers to take over his assets.
Trump Jr. had professed his love for the show during an April interview on SiriusXM, saying it took him “two sittings” to finish the series.
“When they say ‘We are putting this guy away for 30 years,’ it seems aggressive,” he said. “Because of coronavirus, Riker’s Island — these liberal places — they’re releasing pedophiles, they are releasing child rapists because they are worried they have some pre-existing condition and then they get coronavirus in jail and get in trouble. I don’t know, guys. I kind of want to leave the child rapist in prison.”
Exotic himself was transferred to FMC Fort Worth in March as a precaution after the Oklahoma county jail he was being kept in had a Covid-19 outbreak.
Baskin seems to have gotten the last laugh, as a federal judge awarded her control of Exotic’s former zoo property in June to satisfy her trademark judgment.
U.S. District Judge Scott Palk ruled the 16.4-acre Wynnewood property was fraudulently transferred from Exotic to his mother to keep it away from Baskin.
“Big Cat Rescue’s constructive trust and equitable lien in and to the buildings shall survive any physical or title transfer of the building and shall follow any proceeds, except as to a good faith purchased for value,” Palk ordered at the time.
Exotic has kept himself busy while behind bars, serving as his own attorney in filing a $93 million lawsuit in March against the U.S. Fish and Wildlife Service, U.S. Department of Interior and several of his perceived enemies. Exotic claims a vast conspiracy exists to take his animals away from him.
Exotic is represented in Wednesday’s lawsuit by Francisco Hernandez in Fort Worth.


courthousenews--2020-12-17--Denver Defends Decision to Clear Homeless Camps in Pandemic

( CN ) — Denver health officials explained in federal court on Wednesday why they shirked Covid-19 guidelines from the Centers for Disease Control and Prevention and cleared homeless encampments without notice — a move a class of Denverites experiencing homelessness say violates a settlement agreement .
According to the lawsuit filed Oct. 5 , Denver cleared at least 11 homeless camps between April and August , displacing more than 1,000 unhoused citizens .
Covid-19 guidelines from the CDC advise against clearing encampments unless adequate housing is available .
“ We always consider CDC guidance , but we don ’ @ @ @ @ @ @ @ Burman , Denver ’ s public health director , told the court .
“ These are guidelines , they are not mandates.
” Burman said Denver also decided against following an earlier CDC guidance that would have resulted in quarantining too many healthcare workers to maintain the system .
As of May , the CDC recommends “ if individual housing options are not available , allow people who are living unsheltered or in encampments to remain where they are .
Clearing encampments can cause people to disperse throughout the community and break connections @ @ @ @ @ @ @ potential for infectious disease spread.
” Nonprofit organization Denver Homeless Out Loud first challenged the constitutionality of Denver ’ s urban camping ban in 2016 , after several blankets and tents were seized during winter .
The city settled with the group in February 2019 , agreeing to give advance notice of sweeps and provide resources like storage for those displaced .
As of January 2020 , the Metro Denver Homeless Initiative counted 4,171 people experiencing homelessness in the city , with 996 living outside of shelters .
According to the complaint , @ @ @ @ @ @ @ “ belongings necessary for survival outside , including tents , blankets , shades , umbrellas , tarps , clothing , and sleeping bags , ” as well as “ irreplaceable belongings , including photographs , family heirlooms ( such as jewelry ) , letters , and notes , ” and “ plaintiffs ’ only means of transportation , including bicycles , skateboards , and shoes.
” Denver officials characterized the sweeps as “ cleanups ” of unsanitary areas .
Denver Director of Public Health Inspections Division Danica Lee listed shigella , a common @ @ @ @ @ @ @ as hepatitis A as diseases many people living on the streets are exposed to .
Attorney Andy McNulty who represents organization Denver Homeless Outloud and the displaced plaintiffs questioned Lee on whether clearing encampments solved any of the health issues faced by people experiencing homelessness .
When Lee explained that clearing camps presents opportunities to get services to people , McNulty quipped , “ so you coerce people into taking advantage of services ?
” Lee also defended her decision not to post notice ahead of clearing some of the encampments .
“ @ @ @ @ @ @ @ was the problem , it was people aggressively interfering with the clearing and interfering with people who were trying to pack up their belongings , ” Lee explained .
Bob McDonald , executive director for Denver Department of Public Health and Environment told assistant city attorney Wendy Shea that the city followed the CDC guideline for homeless encampments during the first two months of the pandemic .
During that time , McDonald said , “ I heard through my roll in the Emergency Operations Center about the conditions in the encampments , and @ @ @ @ @ @ @ , I saw some of the most advanced conditions of my career.
” While he approved the clearing of Lincoln Park across from the state capitol , McDonald said he has also allowed other encampments to remain in place .
“ Without the authority to clear encampments , our hands would be significantly tied , ” McDonald testified .
“ Over the years I can think of many times when that authority was needed , because public health is unpredictable and as a public health department , we need that flexibility and we @ @ @ @ @ @ @ Tuesday ’ s hearing , several individuals who were displaced in the homeless sweeps described the impact on their lives .
“ I was really tore up , I went from being able to live to just no luck at all , I didn ’ t have a thing left after that , it was really rough , ” said Steve Olsen , who lost all of his personal effects when the South Platte River was cleared .
In addition to granting a preliminary injunction , the class asks the court to bar @ @ @ @ @ @ @ pandemic and to provide restrooms , sanitation services and handwashing stations .
This was the second of three hearings on the injunction .
U.S. District Judge William Martinez , a Barack Obama appointee , is presiding over the case but did not indicate how he will rule .

Denver health officials explained in federal court on Wednesday why they shirked Covid-19 guidelines from the Centers for Disease Control and Prevention and cleared homeless encampments without notice — a move a class of Denverites experiencing homelessness say violates a settlement agreement.
(CN) — Denver health officials explained in federal court on Wednesday why they shirked Covid-19 guidelines from the Centers for Disease Control and Prevention and cleared homeless encampments without notice — a move a class of Denverites experiencing homelessness say violates a settlement agreement.
According to the lawsuit filed Oct. 5, Denver cleared at least 11 homeless camps between April and August, displacing more than 1,000 unhoused citizens. Covid-19 guidelines from the CDC advise against clearing encampments unless adequate housing is available.
“We always consider CDC guidance, but we don’t always follow it,” Bill Burman, Denver’s public health director, told the court. “These are guidelines, they are not mandates.”
Burman said Denver also decided against following an earlier CDC guidance that would have resulted in quarantining too many healthcare workers to maintain the system.
As of May, the CDC recommends "if individual housing options are not available, allow people who are living unsheltered or in encampments to remain where they are. Clearing encampments can cause people to disperse throughout the community and break connections with service providers. This increases the potential for infectious disease spread.”
Nonprofit organization Denver Homeless Out Loud first challenged the constitutionality of Denver’s urban camping ban in 2016, after several blankets and tents were seized during winter. The city settled with the group in February 2019, agreeing to give advance notice of sweeps and provide resources like storage for those displaced.
As of January 2020, the Metro Denver Homeless Initiative counted 4,171 people experiencing homelessness in the city, with 996 living outside of shelters.
According to the complaint, items destroyed by Denver law enforcement include “belongings necessary for survival outside, including tents, blankets, shades, umbrellas, tarps, clothing, and sleeping bags,” as well as “irreplaceable belongings, including photographs, family heirlooms (such as jewelry), letters, and notes,” and “plaintiffs’ only means of transportation, including bicycles, skateboards, and shoes.”
Denver officials characterized the sweeps as “cleanups” of unsanitary areas. Denver Director of Public Health Inspections Division Danica Lee listed shigella, a common cause of bacterial gastroenteritis, as well as hepatitis A as diseases many people living on the streets are exposed to.
Attorney Andy McNulty who represents organization Denver Homeless Outloud and the displaced plaintiffs questioned Lee on whether clearing encampments solved any of the health issues faced by people experiencing homelessness.
When Lee explained that clearing camps presents opportunities to get services to people, McNulty quipped, "so you coerce people into taking advantage of services?"
Lee also defended her decision not to post notice ahead of clearing some of the encampments.
“It wasn’t the protesting that was the problem, it was people aggressively interfering with the clearing and interfering with people who were trying to pack up their belongings,” Lee explained.
Bob McDonald, executive director for Denver Department of Public Health and Environment told assistant city attorney Wendy Shea that the city followed the CDC guideline for homeless encampments during the first two months of the pandemic.
During that time, McDonald said, “I heard through my roll in the Emergency Operations Center about the conditions in the encampments, and when I was able to view them, I saw some of the most advanced conditions of my career.”
While he approved the clearing of Lincoln Park across from the state capitol, McDonald said he has also allowed other encampments to remain in place.
“Without the authority to clear encampments, our hands would be significantly tied,” McDonald testified. “Over the years I can think of many times when that authority was needed, because public health is unpredictable and as a public health department, we need that flexibility and we use great discretion with that.”
In Tuesday’s hearing, several individuals who were displaced in the homeless sweeps described the impact on their lives.
“I was really tore up, I went from being able to live to just no luck at all, I didn’t have a thing left after that, it was really rough,” said Steve Olsen, who lost all of his personal effects when the South Platte River was cleared.
In addition to granting a preliminary injunction, the class asks the court to bar Denver from conducting homeless sweeps during the pandemic and to provide restrooms, sanitation services and handwashing stations.
This was the second of three hearings on the injunction. U.S. District Judge William Martinez, a Barack Obama appointee, is presiding over the case but did not indicate how he will rule.


courthousenews--2020-12-17--Fishermen Blame San Francisco for Fire That Burned Crabbing Gear

SAN FRANCISCO ( CN ) — Already facing hardship from recent canceled and shortened crabbing seasons , more than two dozen crab fishermen sued the Port of San Francisco Wednesday for failing to prevent a fire that destroyed millions of dollars in fishing gear last May .
“ Each one of us lost hundreds of thousands of dollars worth of gear in the fire , ” plaintiff and long-time crabber John Mellor said in a statement Wednesday .
“ Most fishermen don ’ t make a lot of extra money each year , so we don ’ t have a @ @ @ @ @ @ @ into when something like this happens .
It ’ s a desperate situation.
” The lawsuit filed by 29 crabbers and fishing companies in San Francisco County Superior Court claims the city knowingly failed to prevent dangerous conditions that resulted in a four-alarm blaze at San Francisco ’ s Pier 45 on May 23 .
More than 150 firefighters battled the blaze , which pushed a huge plume of orange smoke over the city ’ s waterfront .
A historic World War II-era ship that landed in Normandy for the 1944 D-Day operation @ @ @ @ @ @ @ crabbers who stored gear in a nearby shed were not as lucky .
The fire caused an estimated $ 12 million in property damage , according to the city ’ s fire department .
The crabbers claim the city knew homeless people frequently trespassed in Shed C , where crabbers kept their gear , and that they regularly started camping and cooking fires in the shed .
The shed was never locked and always had at least one door open , according to the complaint .
“ The fact that unhoused people accessed @ @ @ @ @ @ @ Port for many years , but , as the Port also knew , the number of unhoused people taking shelter in Shed C increased significantly in the midst of the COVID-19 pandemic , ” the 34-page complaint states .
The lawsuit further claims the city failed to maintain the shed ’ s antiquated electrical systems or install fire-safety and prevention equipment such as sprinklers , an updated ventilation system or a standpipe that could supply water to fire hoses in an emergency .
In 2017 , the fire marshal told the port it @ @ @ @ @ @ @ using the area immediately outside the shed for parking .
The crabbers claim the city did not want to pay for those upgrades and kept letting people park there despite repeated warnings from the fire marshal as recently as March .
“ The Port knew full well that it was required to install a sprinkler system and standpipe to match the fact that the Shed was actually being used as a parking facility , ” the complaint states .
“ Despite that knowledge , it failed to install those required fire safety measures.
@ @ @ @ @ @ @ for allowing flammable and explosive materials , such as fuel and piles of wooden pallets , to be stored in the shed , creating the perfect conditions to exacerbate the spread of fire .
Additionally , the crabbers say the city failed to ensure adequate water supply was available at the site .
Firefighters had to connect fire hoses to water sources several blocks away , according to the lawsuit .
“ The Port had ample notice of the myriad fire risks in Shed C , and every opportunity to mitigate those risks @ @ @ @ @ @ @ Gross of Gross & Klein in San Francisco .
“ It did not do so , and San Francisco ’ s fishing community has suffered the consequences.
” The loss of hundreds of thousands of dollars in crabbing gear followed several tough crabbing seasons shortened or cancelled due to ocean conditions and a push to prevent endangered whales from getting ensnared in crabbing gear .
In a statement Wednesday , San Francisco City Attorney ’ s Office spokesman John Coté said the city sympathizes with crabbers and fishermen but also denies culpability for @ @ @ @ @ @ @ a tragedy , and our hearts go out to the crabbers , fishermen and others who suffered , ” Coté said .
“ But we also have a duty to San Francisco taxpayers , and the city was not responsible for that fire .
”

Already facing hardship from recent canceled and shortened crabbing seasons, more than two dozen crab fishermen sued the Port of San Francisco Wednesday for failing to prevent a fire that destroyed millions of dollars in fishing gear last May.
SAN FRANCISCO (CN) — Already facing hardship from recent canceled and shortened crabbing seasons, more than two dozen crab fishermen sued the Port of San Francisco Wednesday for failing to prevent a fire that destroyed millions of dollars in fishing gear last May.
“Each one of us lost hundreds of thousands of dollars worth of gear in the fire,” plaintiff and long-time crabber John Mellor said in a statement Wednesday. “Most fishermen don’t make a lot of extra money each year, so we don’t have a pot of savings that can be dipped into when something like this happens. It’s a desperate situation.”
The lawsuit filed by 29 crabbers and fishing companies in San Francisco County Superior Court claims the city knowingly failed to prevent dangerous conditions that resulted in a four-alarm blaze at San Francisco’s Pier 45 on May 23.
More than 150 firefighters battled the blaze, which pushed a huge plume of orange smoke over the city’s waterfront. A historic World War II-era ship that landed in Normandy for the 1944 D-Day operation was spared in the fire, but crabbers who stored gear in a nearby shed were not as lucky. The fire caused an estimated $12 million in property damage, according to the city’s fire department.
The crabbers claim the city knew homeless people frequently trespassed in Shed C, where crabbers kept their gear, and that they regularly started camping and cooking fires in the shed. The shed was never locked and always had at least one door open, according to the complaint.
“The fact that unhoused people accessed Shed C had been known to the Port for many years, but, as the Port also knew, the number of unhoused people taking shelter in Shed C increased significantly in the midst of the COVID-19 pandemic,” the 34-page complaint states.
The lawsuit further claims the city failed to maintain the shed’s antiquated electrical systems or install fire-safety and prevention equipment such as sprinklers, an updated ventilation system or a standpipe that could supply water to fire hoses in an emergency.
In 2017, the fire marshal told the port it needed to install that equipment or stop using the area immediately outside the shed for parking. The crabbers claim the city did not want to pay for those upgrades and kept letting people park there despite repeated warnings from the fire marshal as recently as March.
“The Port knew full well that it was required to install a sprinkler system and standpipe to match the fact that the Shed was actually being used as a parking facility,” the complaint states. “Despite that knowledge, it failed to install those required fire safety measures.”
The lawsuit also blames the city for allowing flammable and explosive materials, such as fuel and piles of wooden pallets, to be stored in the shed, creating the perfect conditions to exacerbate the spread of fire.
Additionally, the crabbers say the city failed to ensure adequate water supply was available at the site. Firefighters had to connect fire hoses to water sources several blocks away, according to the lawsuit.
“The Port had ample notice of the myriad fire risks in Shed C, and every opportunity to mitigate those risks,” said plaintiffs’ attorney Stuart Gross of Gross & Klein in San Francisco. “It did not do so, and San Francisco’s fishing community has suffered the consequences.”
The loss of hundreds of thousands of dollars in crabbing gear followed several tough crabbing seasons shortened or cancelled due to ocean conditions and a push to prevent endangered whales from getting ensnared in crabbing gear.
In a statement Wednesday, San Francisco City Attorney’s Office spokesman John Coté said the city sympathizes with crabbers and fishermen but also denies culpability for the fire.
“The fire was a tragedy, and our hearts go out to the crabbers, fishermen and others who suffered,” Coté said. “But we also have a duty to San Francisco taxpayers, and the city was not responsible for that fire.”


courthousenews--2020-12-17--California Lawmakers Propose Housing Package

SACRAMENTO , Calif. ( CN ) — Undeterred by recent legislative defeats , California lawmakers are once again looking to slash the state ’ s multi-million home shortage by cutting red tape , building near shopping malls and greenlighting loans for affordable housing .
Led by state Senate President Pro Tem Toni Atkins , a group of influential Democrats on Wednesday unveiled a multi-faceted legislative package they claim can finally lead to real progress in the fight to plug the Golden State ’ s housing gap .
The “ Building Opportunities for All ” plan calls for small apartments near @ @ @ @ @ @ @ new affordable housing bond , residential projects in existing retail and commercial zones and a wave of new duplexes .
With limited supply and skyrocketing real estate prices making it harder for families to rent or buy , Atkins says the need to overcome development hurdles is more urgent than ever due to the pandemic .
“ Each one of these bills is targeted at an element of the housing crisis , and together , they give us a unified approach that would create pathways to home ownership , stable housing for vulnerable @ @ @ @ @ @ @ stability for Californians across the Golden State , ” Atkins said in a statement .
The approach consists largely of measures that failed in recent years , including last year ’ s unusual legislative session which was bottlenecked and truncated by the pandemic .
Highlighting the six-bill package is a measure that would allow cities to upzone areas near transit and job centers and allow developments of up to 10 housing units per parcel .
Senate Bill 10 would streamline the process by allowing cities or counties to skip the step of clearing @ @ @ @ @ @ @ Act .
The bill ’ s author claims the proposal will fight homelessness by allowing municipalities to quickly take advantage of unused and undeveloped urban lots .
“ SB 10 provides cities with a powerful , fast , and effective tool to allow light-touch density exactly where it should be : near jobs , near public transportation , and in existing urbanized areas , ” said state Senator Scott Wiener in a statement .
“ SB 10 will help move California away from a sprawl-based housing policy and toward a more sustainable , @ @ @ @ @ @ @ similar attempt by the Harvard-trained lawyer and former San Francisco supervisor failed last year in the Assembly .
Wiener ’ s proposal is his latest bid to spur new high-density projects in his home district of San Francisco and other cities .
In previous years , Wiener ’ s proposals have faltered in the face of opposition from Republicans and Democrats who were worried a state mandate would remove control over housing decisions from local officials .
For example , critics cast a previous bill that would have lifted zoning restrictions to allow @ @ @ @ @ @ @ as an “ attack ” on single-family neighborhoods .
But Wiener and supporters like California YIMBY , say relaxing low-density laws that have been in place for decades is the fastest way to making a real dent in the state ’ s housing shortage .
They argue it would also have the added benefit of slowing urban sprawl and that building near transit would cut down on greenhouse gas emissions .
Following last year ’ s defeat of Wiener ’ s bill , Atkins directed lawmakers to continue brainstorming while Governor Gavin Newsom @ @ @ @ @ @ @ “ historic housing production bill.
” Newsom said on the campaign trail he wanted to see the state create 3.5 million new units by 2025 and improve on California ’ s ranking of 49th out of 50 in housing units per capita .
This time around , Atkins is promising to make housing reform a staple of the Senate ’ s overarching agenda once it resumes in January .
She ’ s sponsoring three bills , including one that would make it easier for homeowners to create duplexes and fourplexes in single-family neighborhoods @ @ @ @ @ @ @ owners must go through to gain approval for duplex projects and is modeled after similar efforts the state and municipalities have taken to boost development of accessory guest houses or so-called casitas .
Another piece of the package would allow residential projects on certain commercial lots , including strip malls .
Citing an ongoing spike in commercial vacancies , state Senator Anna Caballero says her bill will give cities creativity in meeting their housing production goals .
She predicts Senate Bill 6 will particularly benefit farmworker communities by leading to walkable new neighborhoods @ @ @ @ @ @ @ 6 , I imagine neighborhoods where you can live , shop , take care of your banking or insurance needs all within walking distance .
Creating a walkable community that is affordable.
” said Caballero .
Michael Manville , professor at UCLA ’ s Luskin School of Public Affairs , says Los Angeles has had success with a similar approach , noting developments have sprung up in recent years on some of the city ’ s main streets and boulevards , including Santa Monica and Wilshire .
“ It ’ s definitely much @ @ @ @ @ @ @ approve boulevard projects than having to go back to one of their neighborhoods and saying some changes are coming , ” Manville said .
The Democrats are also proposing new bonds intended to spur affordable housing for low-income families and the homeless .
The proposal is being sponsored by six senators but doesn ’ t cite a potential dollar amount at this introductory stage .
Manville called the proposal an important step but warned zoning reforms would still be needed or the bond money could go to waste .
“ If we raised @ @ @ @ @ @ @ for affordable housing and weren ’ t able to get more sites in the most expensive parts of California rezoned to accommodate multi-family housing , that bond would be less effective , ” Manville said .
Atkins says the bills will be heard in committees starting next month .
The Senate housing package contains real solutions to spur housing production by unlocking underutilized land , streamlining the planning process , and increasing funding for affordable housing programs , ” said state Senator Susan Rubio , D-Baldwin Park .
“ These bills are the @ @ @ @ @ @ @ stakeholders and I ’ m proud of the balanced approach that we have crafted .
”

Undeterred by recent legislative defeats, California lawmakers are once again looking to slash the state’s multi-million home shortage by cutting red tape, building near shopping malls and greenlighting loans for affordable housing.
SACRAMENTO, Calif. (CN) — Undeterred by recent legislative defeats, California lawmakers are once again looking to slash the state’s multi-million home shortage by cutting red tape, building near shopping malls and greenlighting loans for affordable housing.
Led by state Senate President Pro Tem Toni Atkins, a group of influential Democrats on Wednesday unveiled a multi-faceted legislative package they claim can finally lead to real progress in the fight to plug the Golden State’s housing gap.
The “Building Opportunities for All” plan calls for small apartments near transit centers, the creation of a new affordable housing bond, residential projects in existing retail and commercial zones and a wave of new duplexes.
With limited supply and skyrocketing real estate prices making it harder for families to rent or buy, Atkins says the need to overcome development hurdles is more urgent than ever due to the pandemic.
“Each one of these bills is targeted at an element of the housing crisis, and together, they give us a unified approach that would create pathways to home ownership, stable housing for vulnerable families, and a pathway to economic stability for Californians across the Golden State,” Atkins said in a statement.
The approach consists largely of measures that failed in recent years, including last year’s unusual legislative session which was bottlenecked and truncated by the pandemic.
Highlighting the six-bill package is a measure that would allow cities to upzone areas near transit and job centers and allow developments of up to 10 housing units per parcel. Senate Bill 10 would streamline the process by allowing cities or counties to skip the step of clearing the change via the California Environmental Quality Act.
The bill’s author claims the proposal will fight homelessness by allowing municipalities to quickly take advantage of unused and undeveloped urban lots.
“SB 10 provides cities with a powerful, fast, and effective tool to allow light-touch density exactly where it should be: near jobs, near public transportation, and in existing urbanized areas,” said state Senator Scott Wiener in a statement. “SB 10 will help move California away from a sprawl-based housing policy and toward a more sustainable, equitable and effective housing policy.”
A similar attempt by the Harvard-trained lawyer and former San Francisco supervisor failed last year in the Assembly.
Wiener’s proposal is his latest bid to spur new high-density projects in his home district of San Francisco and other cities.
In previous years, Wiener’s proposals have faltered in the face of opposition from Republicans and Democrats who were worried a state mandate would remove control over housing decisions from local officials. For example, critics cast a previous bill that would have lifted zoning restrictions to allow multistory affordable housing units near transit centers as an “attack” on single-family neighborhoods.
But Wiener and supporters like California YIMBY, say relaxing low-density laws that have been in place for decades is the fastest way to making a real dent in the state’s housing shortage. They argue it would also have the added benefit of slowing urban sprawl and that building near transit would cut down on greenhouse gas emissions.
Following last year’s defeat of Wiener’s bill, Atkins directed lawmakers to continue brainstorming while Governor Gavin Newsom urged the Legislature to send him a “historic housing production bill.” Newsom said on the campaign trail he wanted to see the state create 3.5 million new units by 2025 and improve on California’s ranking of 49th out of 50 in housing units per capita.
This time around, Atkins is promising to make housing reform a staple of the Senate’s overarching agenda once it resumes in January. She’s sponsoring three bills, including one that would make it easier for homeowners to create duplexes and fourplexes in single-family neighborhoods.
Senate Bill 9 streamlines the process owners must go through to gain approval for duplex projects and is modeled after similar efforts the state and municipalities have taken to boost development of accessory guest houses or so-called casitas.
Another piece of the package would allow residential projects on certain commercial lots, including strip malls.
Citing an ongoing spike in commercial vacancies, state Senator Anna Caballero says her bill will give cities creativity in meeting their housing production goals. She predicts Senate Bill 6 will particularly benefit farmworker communities by leading to walkable new neighborhoods near retail centers.
“With SB 6, I imagine neighborhoods where you can live, shop, take care of your banking or insurance needs all within walking distance. Creating a walkable community that is affordable.” said Caballero.
Michael Manville, professor at UCLA’s Luskin School of Public Affairs, says Los Angeles has had success with a similar approach, noting developments have sprung up in recent years on some of the city’s main streets and boulevards, including Santa Monica and Wilshire.
“It’s definitely much more palatable [for officials] to approve boulevard projects than having to go back to one of their neighborhoods and saying some changes are coming,” Manville said.
The Democrats are also proposing new bonds intended to spur affordable housing for low-income families and the homeless. The proposal is being sponsored by six senators but doesn’t cite a potential dollar amount at this introductory stage.
Manville called the proposal an important step but warned zoning reforms would still be needed or the bond money could go to waste.
“If we raised a lot of money through a bond for affordable housing and weren’t able to get more sites in the most expensive parts of California rezoned to accommodate multi-family housing, that bond would be less effective,” Manville said.
Atkins says the bills will be heard in committees starting next month.
The Senate housing package contains real solutions to spur housing production by unlocking underutilized land, streamlining the planning process, and increasing funding for affordable housing programs,” said state Senator Susan Rubio, D-Baldwin Park.
“These bills are the result of years of conversations with diverse stakeholders and I’m proud of the balanced approach that we have crafted.”