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PA County Commissioner Slams Governor's Orders: Stop Running State as a ‘Dictatorship’

Jeff Haste, Pennsylvania's Dauphin County Board chairman, slammed Gov. Tom Wolf (D) in a letter on Friday for keeping a bulk of businesses closed, particularly in his county, and bluntly called on Wolf to “return our state to the people (as prescribed by our Constitution) and not run it as a dictatorship.”




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Wikimedia Foundation v. NSA/CSS

(United States Fourth Circuit) - In a complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency pursuant to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. section 1801 et seq., the district court's dismissal of the complaint on grounds that the allegations in the complaint were too speculative to establish Article III standing, under Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), is: 1) vacated as to Wikimedia-plaintiff where Clapper's analysis of speculative injury does not control this case, since the central allegations here are not speculative, and plaintiff's allegations are sufficient to survive a facial challenge to standing; and 2) affirmed as to the other plaintiffs because the complaint does not contain enough well-pleaded facts entitled to the presumption of truth to establish their standing.




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Two-Way Media v. Comcast Cable Communications

(United States Federal Circuit) - In a patent action relating to a series of patents concerning a system for streaming audio/visual data over a communications system like the internet, the district court's judgment that the asserted patents are ineligible subject matter under 25 U.S.C. section 101 is affirmed where the claims are directed at abstract ideas and contain no additional elements transforming them into patent-eligible applications.




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Rall v. Tribune 365 LLC

(California Court of Appeal) - Held that a political cartoonist and blogger could not proceed with his lawsuit alleging that a newspaper wrongfully terminated his employment and also defamed him by telling its readers that it had serious questions about the accuracy of one of his blog posts. Affirmed the granting of the newspaper's anti-SLAPP motion.




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Robinson v. Hunt County, Texas

(United States Fifth Circuit) - Revived a citizen's claim that a sheriff's office Facebook page unconstitutionally censored speech. She claimed that her controversial comments were deleted and she was banned from the site, in violation of her First Amendment rights. Vacated a dismissal in relevant part.




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Khrapunov v. Prosyankin

(United States Ninth Circuit) - Vacated and remanded. Plaintiff filed a 28 U.S.C. § 1782 application seeking issuance of a subpoena to Google, Inc. for the disclosure of certain subscriber information to assist him in ongoing litigation in England. The district court granted Plaintiff’s application for the information from Google. Concluded that there was doubt whether 1782 could be used in a foreign proceeding and vacated and remanded for further proceedings in the district court.




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Nick Heyward Announces His 2018 UK Tour Following The Release Of His New Album 'Woodland Echoes'

Following The Release Of His Critically Acclaimed New Album ‘Woodland Echoes’ That Entered At No. 4 In The Independent Album Charts, Nick Heyward Has Announced A UK Tour For 2018.




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Finnish Five-Piece Planet Case Unveils New Single 'Same Old Blood'

Finnish Alt-rock Five-piece Planet Case Are Ready To Unveil Their Debut EP ‘Simple Thoughts’, Out On 24th May Via Up And Coming Finnish Label Soit Se Silti.




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Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases

(California Court of Appeal) - Reversed the denial of class certification in a case involving tax refund claims filed by limited liability companies (LLCs) which sought refunds of a levy they had paid pursuant to a California tax statute that was later determined to be unconstitutional. When the district court denied the LLCs' motion for class certification on multiple grounds including predominance and superiority, they appealed. Agreeing with the LLCs that this case was suitable for treatment on a classwide basis, the First Appellate District reversed and remanded for certification of a class or classes consistent with its opinion.




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Moen v. Regents of the University of California

(California Court of Appeal) - Reversed decertification of a class of retired University of California employees who claimed they were denied promised health insurance benefits. The retirees, who had worked at Lawrence Livermore National Laboratory, appealed the trial court's ruling that decertified the class for lack of commonality. On appeal, the First Appellate District held that the trial court's decertification ruling had relied on erroneous legal standards.




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Riffey v. Rauner

(United States Seventh Circuit) - Held that the class-action device was not the proper one for home health care assistants to use in seeking refunds of fair-share fees they had paid to a union for collective-bargaining representation. Affirmed the denial of class certification, on reconsideration following remand from the U.S. Supreme Court.




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Fresno County Employees' Retirement Association v. Isaacson/Weaver Family Trust

(United States Second Circuit) - Rejected an objecting class member's challenge to the amount of attorney fees awarded to a law firm that represented the class in a shareholder lawsuit. Raising what the court described as a novel issue, the objector contended that the lodestar fee must be unenhanced because the action was initiated under a statute with a fee‐shifting provision.




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In Re Hyundai and Kia Fuel Economy Litigation

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidistrict litigation brought against two automobile manufacturers, which had been accused of making misrepresentations about their vehicles' fuel economy. Also upheld attorney fee awards, rejecting objectors' challenges.




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Ehrman v. Cox Communications, Inc. et al.

(United States Ninth Circuit) - Reversed and remanded. The panel held that the defendants’ jurisdictional allegations, which provided a short and plain statement of the parties’ citizenship based on information and belief, satisfied the defendants’ burden of pleading minimal diversity pursuant to the Class Action Fairness Act.




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Laura Espinoza And Lunden Reign Release New Single Feat. Missing Persons Legend Dale Bozzio

“Somewhere There Forever” Ft. Dale Bozzio By Laura Espinoza And Lunden Reign




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Crystal Beth Unleashes Her Debut Album PUSH THRU On Trey Gunn's 7D Media

Crystal Beth Is What Happens If You Cross Frank Zappa, Yoko Ono, Patti Smith, And Janice Joplin




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Tribute Album & Shows To Original Genesis Guitarist Anthony Phillips By Rocking Horse Music Club Announced

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DeFox Records Launch Card Disk

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Young Trap Releases New Album 'Hustle And Glow' Feat. Boosie Badazz And Too $hort.

The Music Artist Known As Young Trap Has Released His Latest Album, “Hustle And Glow.”




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OfficialVybe Will Release New Single, Entitled “Party At Atlantis” Under Roc Nation Record Label

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T-Mobile West LLC v. City and County of San Francisco

(Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments.




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Plantier v. Ramona Municipal Water District

(Supreme Court of California) - Clarified the procedure for challenging a local governmental agency's decision to impose or increase property-related fees. The question in this case involving a wastewater service charge had to do with whether the plaintiff must first raise the issue when the agency holds a public hearing on the matter.




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City and County of San Francisco v. Regents of the University of California

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.




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People v. Young

(Supreme Court of California) - Automatic death penalty appeal. Judgment as to guilt affirmed. Reversed judgment as to death sentence and remand for new penalty determination. Appeals court found prejudicial error when trial court permitted prosecution to use improper inflammatory character evidence.




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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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The International Radio Festival Announce Final Line Up Of Radio Stations

Broadcasting From Piazza D'Armi In Valletta, Malta




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Rock On Neon Radio, Announces Tuesday Schedule

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Internationally Syndicated Radio Show And European Academy Of Country Music Announce Year End Chart

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Australia's First Online Radio/Podcast Station Launches As Apple Announces ITunes Closure

New Podcast Concept Station "Elevate Radio" To Help Podcasters And Musicians




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Afro Soundz Radio Is Now On The Air

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CHERIE OAKLEY’S WORK IT ADDED TO RADIO DISNEY COUNTRY

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Ground-breaking Christian Radio Show Celebrates 37 Year Anniversary, Welcomes New Affiliates

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Universal Instruments Corp. v. Micro Systems Engineering, Inc.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.




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SelectSun GmbH v. Porter, Inc.

(United States Seventh Circuit) - Held that a yacht buyer may not proceed with a contract and warranty lawsuit against a yacht manufacturer. Affirmed a judgment after a bench trial, in a dispute involving the exhaust system's compliance with European Union regulatory requirements.




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Emmis Communications Corporation v. Illinois National Insurance Company

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.




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Oliver Collins v. University of Notre Dame

(United States Seventh Circuit) - Reversed, where the district court granted summary judgment in favor of a tenured professor who was dismissed for cause. The University’s use of an informal mediator on the hearing committee did not violate the procedural requirements of the employment contract.




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GLH Communications, Inc. v. FCC

(United States DC Circuit) - Affirmed. The FCC's decision to cancel a cellular phone company's radio spectrum licenses because the company failed to make the installment payment for those licenses was appropriate.




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20/20 Communications, Inc. v. Blevins

(United States Fifth Circuit) - Remanded. The court joined sister circuits in holding that class arbitration is a "gateway" issue that must be decided by the courts rather than by arbitrators.




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Newirth v. Aegis Senior Communities, LLC

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.




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Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.




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Huckleberry Restaurant Launches Online Store

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Minister: Public Communications During Covid-19

[Ministerial statement by Minister Jamahl Simmons] Mr Speaker, the objective of communicating during a crisis is to get clear and accurate...




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Barkers Hill Footbridge to Undergo Repairs

The Barkers Hill Footbridge will be closed to the public as of tomorrow [May 9], with reopening expected on Monday [May 11]. A Government...




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California Threatens To Revoke Licenses Of Reopened Yuba, Sutter County Businesses

By Bob Moffitt

Dozens of people lined up to enter the Yuba Sutter Mall Wednesday morning. The mall is open again as the Yuba Sutter Marketplace, and under the authority of the local bi-county health department. 

Most of the biggest chains like Sears and JC Penney’s are closed. But locally-owned stores like Diya were open and realistic about the possibility of a rapid uptick in traffic.

“Our business usually, this is like wedding attire and stuff,” said store owner Gurjot Johl. The store advertises as purveyors of high-end Indian clothing.

“Since the churches and everything is closed, no weddings are going on. It’s gonna be a minute til everything opens up,” Johl said.

The store had been open for all of two days when the state order to close came down a month and a half ago.  

It’s reopened in defiance of California Gov. Gavin Newsom’s orders as Yuba and Sutter counties attempt to strengthen some rules while relaxing others. Still, many residents and businesses are following the new order with caution as the counties reopen sooner than the rest of the state.

The Yuba Sutter Mall in Yuba CityBob Moffitt / CapRadio

The order released last week from the Yuba and Sutter county health officer allows some businesses that had been classified as non-essential to re-open, with a face covering now being mandatory in any areas where employees or customers cannot maintain six feet of separation.

The order gives local approval for massage therapists and hair and nail salons to reopen. It also allows restaurants to offer dine-in service.  

For the first time, California’s case numbers decreased last week, although it was still the third-worst week of the pandemic. Some areas, like Tulare and Mariposa, have seen significant increases.

Newsom says Yuba and Sutter counties jumped the gun.

“They’re putting their public at risk. They’re putting our progress at risk. We’ve been clear about that. Well aware of those examples. These are exceptions. These are real exceptions. The overwhelming majority of Californians are playing by the rules, doing the right thing,” he said Tuesday.

Chuck Smith is a spokesman for the bi-county office of emergency services and says it’s not the counties' intent to go up against the state, but more masks and social distancing will minimize the health risks of reopening nonessential businesses. 

“It’s important that the business community and the people who are patronizing the businesses and people who are out follow the order as much as possible so we can go on to even the next phase of opening the community.”

Yuba-Sutter Health Officer Dr. Phuong Luu has said she was worried people would reach the point where they have to choose between medicine or food. Smith says it appears that time is now.

Under the new bi-county rules, people must wear masks in public when social distancing of six feet is unavailable. Under state rules, the mall is not essential and should still be closed.

Natasha Shelton is the mall’s general manager and says the local stores will be the primary option for at least a couple of days as national chains decide what they’re going to do.

“They’ve all taken a different approach. Some are saying that they’re waiting for the governor to lift the shelter in place order," Shelton said. "Others are saying that they want to see how the other retailers have done. Some are waiting for anchors to open.”

Footlocker and Zumiez will open Friday.

A massage space, barbershop and nail salon are all open despite warnings from their state licensing boards to remain closed. Shelton says the mall will follow bi-county health officer's orders to stay open, with mandatory social distancing or masks when that’s not possible.

The Nail Tech nail salon in Yuba CityBob Moffitt / CapRadio

Luu sent businesses throughout both counties a letter warning them to do better with wearing masks and social distancing. Otherwise they risk returning to stricter measures.

“I understand that some of your customers may strongly object to a facial covering requirement,” she wrote. “But the long-term safety of our community is at stake.”

 

Almost every store employee at the mall wore a mask, but many shoppers did not. On the first day of the mall’s reopening, Thomas Lozano and adult members of his family were there and all wore some type of face covering. The covering did not hide his disgust at what he saw.

“I was disappointed with the fact that not many customers wore masks. I thought that they would take more responsibility,” Lozano said.

While some residents were ready to return to the mall, others like Yuba City resident Susie Cauchi were shocked by the idea.

“I just finished cancer treatments,” she said. “I have to be extremely careful about contact with people.” 

Interviewed through a meeting app, she says she has no plans to eat out much less go to the mall. Besides recovering from the cancer treatments, she has an auto-immune disorder. She says there are just too many ways to make contact. 

“I don’t see how workers in a restaurant can socially distance, servers, even patrons," Cauchi said. "How do you eat with a face mask? You don’t. But also in salons you can’t. You have to be physically touching someone to be cutting their hair or performing services on their nails.”

The counties and state orders are in agreement that older people and those with weakened immune systems should stay home and that people should wear facial coverings when in public places. The state so far has only made face coverings a recommendation.

There are a few businesses that have remained open, or tried, in spite of the county orders and the state orders that are still in place. In Marysville, the Uppercut Barbershop never closed. A barber who rents a space there goes by the name Charlie Hustle. He says he will continue to cut hair despite receiving a phone call from the state telling him to stop and despite the risk.

“I am sensitive to the issue of everything going on. I know there’s a lot of people at risk. There’s a lot of people dying who shouldn’t be dying,” he said. ”But I feel like the way the media is portraying this. They’re instilling fear in a lot of people. Fear’s controlling a lot of what’s going on.”

The Uppercuts Barbershop in Yuba CityBob Moffitt / CapRadio

Uppercuts Barbershop is also open in the mall, and founder Randy Mitchell‘s daughter Maria Mitchell was cutting hair, just like the stores in Marysville, Wheatland and Rocklin have been throughout the shutdown. She was not wearing a mask.

“None of us have really worn masks,” she said. ”If they have Home Depot, Walmart and everything open, I think cutting hair is totally fine.”

Lisa Ringleberg of Olivehurst was getting her hair cut and agreed. She says neither she nor her five children wear masks in public, but they do stay away from people they don’t know. 

“I’m perfectly healthy. We were just at the doctor’s not too long ago. My daughter sees Shriners. So we’re pretty much cleared. I’ve known (Maria’s) dad since junior high,” she said.

The state and county orders say everyone should socially distance from anyone who is not living in the same home, and that roughly 20 percent of people spreading the virus don’t know they have it.

It is still the only business to be cited for failing to comply with the bi-county health order.

While the Uppercut has stayed open against orders, nail and hair salons have remained closed. Amy Myers rents a space at the Broken Bristle Salon and Spa in Yuba City. She says she has received notice from the State Board of Barbering and Cosmetology that there would be punishment if she were to resume practice. She agrees with Newsom’s stance, for some parts of the state.

“To an extent, there are places that shouldn't be opening that are, but honestly, how long are we going to sit in our house with maybe one confirmed case every two weeks,” Myers said. “It doesn’t make sense to just stay at home.”

She believes masks, social distancing and gloves can be used to keep customers and employees from possibly infecting each other. 

“Absolutely,” she said. “We wear gloves anyways except for maybe giving haircuts but that wouldn’t be an issue wearing gloves. The way I feel about it is we have more contact in Walmart than we do with a single person in our chair at the salon.” 

She receives unemployment insurance payments from the state, but says it’s not enough to feed her family.

“We’re ready to get back to work.” she said.

The massage therapist at Price Chiropractic in Yuba City has begun providing services on a limited basis. She did not respond to a request for comment. 

On the other side of Gray Avenue, Healing Massage Wellness is open, but only to sell hand sanitizer and other products made by local businesses. Nancy Vong is the owner. She says the state orders have been tough on her and her customers.

Healing Massage Wellness owner Nancy Van prepares a table inside her business, which has been closed since mid March. She says her only source of income is selling products made by local businesses.Bob Moffitt/CapRadio

“It makes me emotional because I see a lot [of] people that have mental [health issues] ... that are lonely, that are elderly, that need that connection, that human touch. Some of my clients haven’t been doing so well,” Vong said. 

She says she will be willing to give massages wearing gloves and a facial covering when the state says it’s OK, but she’s not willing to risk her license even with the bi-county order.

The California Department of Consumer Affairs said it could not make any of its six public information staffers available for an interview, but it did release a statement that says in part, “While we cannot discuss specific licensees, businesses that continue to put public health and safety at risk by not complying with the shelter in place order may be subject to disciplinary action from BBC [the state Board of Barbering and Cosmetology], if circumstances warrant it.”

Restaurant owners have had to lay off people and deliver or offer takeout or curbside pickup. That changes now under the counties’ order, but the tables by the door at Rico’s Pizza on Garden Highway in Yuba City are still stacked on top of each other and the chairs are piled high in a corner. 

Sara Saylors owns the place. Even though restaurants have lost 80-90 percent of their income and sit-down meals are now allowed, she’s not ready to unstack those chairs.

“We have a bathroom and people have to walk by all these tables. People are gonna be sitting here eating. People have to refill their drinks over here and there’s tables right here,” Saylors said. “Just trying to play it safe.”

Saylors wears a mask. Her brother Kenny says he usually does, but was not as he headed out the door with a delivery. 

At Salsa’s Fresh Mexican Food, Krystien Farias is the owner and greeter. 

“I’m being safe about it, washing my hands. I got sanitizer here. I have labels all over and I’m having social distancing,” she said.

Every other table has a sign that says “Please do not sit here.”

But she doesn’t wear a mask. “I feel very safe with the numbers (of new cases)” she said. “I’m gonna take that chance.”

The kitchen staff doesn’t wear a mask either, though Farias says they’re supposed to.The waitress does.

Customers Mark Indjer and Jay Anderson work together and were having lunch, but felt somewhat uneasy doing so. They’re both 59. Their masks rested on the table next to their meals.

Both discussed the governor’s response to the Yuba-Sutter area’s attempts to open their economies. 

“I don’t think there is a perfect answer. This is a test of sorts,” Injer said. “ No one truly knows what’s gonna happen.”

“The jury’s out. This is a pandemic It’s no joke. So we are still in the unknown area,” Anderson said. “Get back to me in November, OK? Right now, I’m being as careful as I can.”

At the Happy Viking bar and restaurant, the bar is still closed to alcohol sales inside and will stay that way if the owners want to keep their liquor license. 

The California Alcohol Beverage Control did a sweep of bars in Yuba and Sutter counties to remind them that consumption on site was prohibited. ABC says no businesses were cited.

Happy Viking Co-owner Sandy Drown told two men they could have their drinks served to them outside in to-go containers, but they couldn’t drink at the bar.

“I just wanted to let you know before you come in,” she said. The men first suggested they drink their beers in their trucks during their meals, then decided to try another bar.

Sandy and her husband Chris say they’re happy to have their dining room open, even if they must limit the number of open tables.They have taken precautions a step further.

“All employees (in the) front of house and back of house are wearing gloves and masks and properly changing their gloves,” Chris Drown said. “And we are sanitizing and sterilizing every surface as much as we can as often as possible.”

As for the county order for people to wear masks when they couldn’t be more than six feet from each other? 

“Our Sutter County sheriff told us not to police other people wearing masks,” Sandee Drown said. “We have a protocol as to what is proper. Hopefully everybody’s doing the same as we’re doing. We want to make sure we’re protecting our staff and our customers on our end.”

Of the restaurant’s 47 employees, 39 haven’t worked for a month and a half. Drown noted that Dr. Luu is an expert in infectious diseases and should be trusted to make local decisions.




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California Outlines Rules For Counties To Loosen Restrictions, Some Businesses To Reopen

By Nicole Nixon

Update 6:25 p.m.

As California prepares to enter the first phase of its economic reopening, the state released new guidelines Thursday, both for businesses wanting to expand operations and for counties looking to loosen restrictions on residents.

Moving into phase two “does not mean a return to normal,” said California Health & Human Services Secretary Dr. Mark Ghaly. “We know that COVID-19 is still spreading.” 

Beginning Friday, some businesses in the retail, manufacturing and logistics sectors will be allowed to reopen, though retail stores can only provide curbside services.

Businesses have to meet a checklist before reopening. It includes:  

  • Performing a detailed risk assessment and implement a site-specific protection plan
  • Training employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them
  • Implementing individual control measures and screenings
  • Implementing disinfecting protocols
  • Implementing physical distancing guidelines

Businesses will have to meet certain industry guidelines for COVID-19 safety as well. The guidelines instruct manufacturers to limit person-to-person contact during production by installing shelving or other “transfer-aiding materials,” for example.  

Retailers are encouraged to prioritize product delivery and pickup. They are also instructed to cut in-store maximum occupancy numbers by half.  

Still, some businesses are still being expressly prohibited from reopening during phase two, including bars, gyms, nail salons, movie theaters and theme parks.

Gov. Gavin Newsom said there’s a reason nail salons are not included in phase two: “This whole thing started in the state of California — the first community spread —  in a nail salon,” he said.

The infection happened despite sanitation measures normally seen in nail salons, including alcohol-based products and nail technicians wearing masks and gloves. 

“I’m very worried about that,” Newsom said. 

How counties can get approval to reopen

While some counties have pressured the governor to allow them to reopen their local economies more broadly, others — including Yuba, Sutter and Modoc counties — didn’t wait for permission. 

Counties and their local health officers are now being given latitude to allow some other sectors to reopen, including malls, car washes, pet grooming, offices and dine-in restaurants — if they meet strict criteria. 

It includes additional surge capacity in local hospitals, the ability to conduct a minimum 15 tests per 100,000 residents daily and going 14 days without a COVID-19 death in the county, among other things.

It could be a long time before more populous counties get there. Dr Peter Beilenson, director of health services in Sacramento County, said the county meets all criteria except for that and having enough contact tracers (15 tracers per 100,000 county residents). 

“We expect to have the appropriate amount of contact tracing staff within the next two weeks,” Beilenson said in a statement to CapRadio. “In the meantime, we encourage everyone to continue following the safe social distancing and other guidelines provided in the Public Health Order.”

Counties that do meet the criteria must consult with the California Department of Public Health and submit their own local reopening plans to the state. Those plans must include what sectors and public spaces the county will allow to reopen, and a contingency plan for modifying local health orders if the disease begins to spread. 

Last month, Newsom unveiled six key indicators that will help him decide when to move the state into each new phase of reopening. They include the state’s testing capacity, hospitalization rates and ability for businesses and public spaces to implement health measures like sanitation and social distancing, among other things. 

The governor noted that he may tighten the statewide stay-at-home order again if the disease begins spreading as restrictions loosen. 




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With Buy-in From Rural Counties, Nevada Starts First Phase Of Reopening Saturday

By Bert Johnson

Nevada Gov. Steve Sisolak announced the state will begin lifting COVID-19 restrictions sooner than expected, starting this weekend. 

“We will enter Phase One on Saturday May 9, before the current stay at home directive would have expired on May 15,” he said Thursday. 

This stage of Nevada’s Roadmap to Recovery allows for nonessential businesses like barbershops, salons and retail outlets to open their doors. And restaurants will be able to offer dine-in service again, too. But Sisolak explained there also will be some new requirements to make that process as safe as possible.

“Retail businesses shall limit the number of customers in their facility at any given time to no more than 50% of the allowed occupancy based on applicable firecodes,” he said. 

Restaurants will also be required to space tables six feet apart and use reservations whenever possible to help ensure social distancing.

Those stricter limits on customer density will also apply to essential businesses, like grocery stores, which didn’t have them before. Employees who work with the public will also be required to wear masks now, although customers are merely encouraged to do so.

Notably, the state’s casinos will remain closed at this point in the process. Bars that don’t serve food, movie theaters and gyms are also banned from reopening for now. 

Phase One — and every step that follows in the plan — will last at least two weeks, so officials can evaluate their impact on Nevada's outbreak.

The recovery plan was developed with input from the Local Empowerment Advisory Panel, which includes county-level elected officials tasked with seeking feedback from local leaders around the state. According to Clark County Commission chairwoman Marilyn Kirkpatrck, who represents urban communities for the panel, they wanted to avoid one-size-fits-all solutions. 

“We made sure that all of the counties had a voice in any statewide standards that we crafted,” she said. “There are different things across our state that make us unique.”

To that end, county officials are able to keep stricter standards for reopening in their jurisdictions if they think it’s necessary — but they won’t be allowed to make restrictions looser than those defined by the state. 

According to J.J. Goicoechea, who serves as Chairman of the Eureka County Commission and represents rural communities on the advisory panel, their efforts came in the nick of time. 

“We were right on the breaking point of some of these rural counties and some of these constituents just saying, ‘The hell with it, we’re gonna open. We’ve got to move forward, we can’t afford to stay closed anymore,’” he said.

In California, rural counties like Yuba and Sutter have bucked the state’s guidance and allowed non-essential businesses to reopen, prompting criticism from Gov. Gavin Newsom. Goicoechea says his efforts at communicating with his rural peers kept them invested in the process. 

Goicoechea says the plan’s flexibility is also important because the balance between public health and economic needs looks different in every community. 

“It was critical that we did have representation that these rurals felt comfortable talking to,” he said.

According to Kirkpatrick, the next step in the state’s plan to reopen was driven by public health concerns as well. 

“In Phase One we needed to be able to meet the federal criteria of the downward hospitalizations, we needed to increase the testing,” she said.

She added that Nevada is on track to be able to test 4,000 residents per day, with a target of 10,000 per day by June. Sisolak said in addition they’re expanding testing criteria, too. 

“They will all be able to get tests now if they’ve been identified as either a symptomatic or asymptomatic patient,” he said.

According to a recent NPR investigation, however, the state needs to test more than 5,000 people every day to be able to control its outbreak.




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California Warns Reopening Counties To Follow Governor’s COVID-19 Orders Or Risk Loss Of Disaster Funding

By Bob Moffitt

California’s Office of Emergency Services has given notice to three counties that the state will withhold disaster funding if they continue to defy Gov. Gavin Newsom’s orders to stem the spread of the coronavirus.

Newsom said Thursday that Yuba, Sutter and Modoc counties have “gotten ahead of themselves” by allowing some businesses to reopen in violation of his orders in response to the COVID-19 pandemic. The comments came as the state announced criteria for counties to move into Stage 2 of its plan to allow some businesses to reopen.

On the same day he made the comments, Newsom’s Office of Emergency Services threatened the counties by promising to withhold disaster funds if they continue to stray from the state’s plan. 

If a county believes “...there is no emergency, such that it can ignore the Governor’s Executive Orders or the State Public Health Officer’s directives, the county would not be able to demonstrate that it was extraordinarily and disproportionately impacted by COVID-19,” wrote Cal OES Director Mark Ghilarducci.

He went on to say the counties may not be eligible for reimbursement if they have a surge in COVID-19 cases.

Yuba and Sutter counties had been at 50 cases for several days, but now report 52 positive results. Modoc County has no confirmed cases of COVID-19 following 104 tests.

Yuba County spokesman Russ Brown confirmed it has received a letter. 

“As always we will do what is in the best interests of the health of the community and will continue to work with the governor’s representatives to achieve a balance with his orders as we move to the next phase of reopening California’s economy,” Brown said.




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Henderson v. United Student Aid Funds, Inc.

(United States Ninth Circuit) - Revived a consumer's claim that a nonprofit corporation involved in student loans was vicariously liable for violation of the Telephone Consumer Protection Act, because it had ratified student loan debt collectors' illegal calling practices. Reversed a summary judgment ruling.




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In Re Hyundai and Kia Fuel Economy Litigation

(United States Ninth Circuit) - In an en-banc decision, affirmed the approval of a class action settlement in a multidistrict litigation brought against two automobile manufacturers, which had been accused of making misrepresentations about their vehicles' fuel economy. Also upheld attorney fee awards, rejecting objectors' challenges.




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Joe Clegg Launches The You’re So Hybrid Video Series

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