Category Archives: Culture War

Massachusetts city gives polyamory same legal rights as married couples

And to Hell goes America in the proverbial handbasket.

Christine Rouselle reports for Catholic News Agency, July 2, 2020, that the city of Somerville, Massachusetts, has broadened its definition of domestic partnership to give polyamorous relationships the same rights as a married couple.

The original draft of the city ordinance specified that a domestic partnership was between two persons, which was changed to allow for polyamorous relationships.

The dictionary defines “polyamory” as “the practice or condition of participating simultaneously in more than one serious romantic or sexual relationship with the knowledge and consent of all partners.” In other words, a polyamorous person is one who has more than one sexual partner.

Somerville’s City Council passed the ordinance on June 25. Mayor Joseph Curtatone signed it into law on Monday, June 29. (Daily Mail)

The new ordinance means that Somerville employees will be able to extend health insurance benefits to more than one partner. It is unclear if private companies will also allow for employees in polyamorous domestic partenrships to share health insurance plans to their multiple partners.

Somerville city councilor J.T. (Jefferson Thomas) Scott, quoted in the New York Times, said that he believes this to be the first ordinance of its kind in the United States. In favor of recognizing polyamorous relationships, Scott said:

“People have been living in families that include more than two adults forever. Here in Somerville, families sometimes look like one man and one woman, but sometimes it looks like two people everyone on the block thinks are sisters because they’ve lived together forever, or sometimes it’s an aunt and an uncle, or an aunt and two uncles, raising two kids.”

Scott said that the new ordinance would legally recognize someone as having more than one domestic partner, regardless of the nature of that relationship: “It has a legal bearing, so when one of them is sick, they can both go to the hospital.”

Scott said he knew of at least two dozen people in Somerville who were engaged in polyamorous relationships, though he did not specify how many households they comprised. The city of Somerville has a population of about 80,000, and, until June, did not have any sort of domestic partnership ordinance.

City councilor Lance Davis, who drafted the domestic partnership ordinance, said: “I don’t think it’s the place of the government to tell people what is or is not a family. Defining families is something that historically we’ve gotten quite wrong as a society, and we ought not to continue to try and undertake to do so.”  Davis claims that constituents told him they were happy the city will be “legally recognizing and validating” the existence of polyamorous relationships.

Ryan Anderson, a senior research fellow at the Heritage Foundation, told CNA that he was not surprised by the latest efforts to redefine marriage to include multiple people:

“Of course it was never going to stop with same-sex couples. Once you redefine marriage to eliminate the male-female component, what principle requires monogamy? [The former cultural norm of marriage between one man and one woman] was that only one man and one woman could unite as one flesh as husband and wife in the very same act that could produce new life, and then connect that new life with his or her own mother and father. Once the law and culture says the male-female aspect of marriage violates justice and equality, we haven’t ‘expanded’ marriage, we’ve fundamentally redefined what it is. And those redefinitions have no principled stopping point.

Former Rep. Katie Hill (D-CA) must be fuming.

Recall that the married Hill had to resign from the House of Representatives because it was revealed she had sex with female and male staffers.

Hill was merely being polyamorous. /Sarc

On June 29, 2020, the Somerville City Council voted to defund the city’s police by cutting $650,000 from the salaries line item. Councilor J. T. Scott had wanted a 60% reduction in the police’s FY21 budget. The source of this information is a news website called WickedLocal Somerville, I kid you not.

See also:

~Eowyn

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#BlackLivesMatter isn’t about racial justice. Here’s the proof

#BlackLivesMatter protests are not about racism, “racial justice” (whatever that means), “social justice” (whatever that means), anti-slavery, anti-Confederacy, or anti-“white supremacy” (whatever that means).

#BlackLivesMatter protests are chaos for chaos’ sake, destruction for destruction’s sake — like Heath Ledger’s portrayal of the devilish Joker, cackling with glee at the mayhem he wrought around him, in the 2008 Batman movie, The Dark Knight. Ledger’s portrayal of the demonic figure sent him to the dark side and took his life.

#BlackLivesMatter protests are acts of terrorism inflicted on the American people.

Here’s the definitive proof that #BlackLivesMatter is not about race or “racial justice”.

On Wednesday (July 1, 2020) night, #BlackLivesMatter “protesters” set fire to a statue of an elk in Portland, Oregon.

This video of the burning of the elk statue was tweeted by a “protester” who calls itself Tuck Woodstock (@tuckwoodstock), with this comment (Note: N.W.A. is a hip hop group):

Elk fire keeping me warm. N.W.A. playing in the background.

Tuck Woodstock, who has more than 13,000 Twitter followers, describes itself as:

host. Gender & equity educator (sylveon.co). Journalist reporting on PDX protests. Gay songs

. Biracial. They/them. DMs open.

~Eowyn

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Is The Colonel next to be cancelled?

DCG

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61.6 million unborn U.S. babies killed in abortions in 44 years

Amos 3:2,8; 4:11-12

Therefore I will punish you
for all your iniquities….
The Lord GOD speaks….

I brought upon you such upheaval
as when God overthrew Sodom and Gomorrah:
you were like a brand plucked from the fire;
Yet you returned not to me,
says the LORD.

So now I will deal with you in my own way, O Israel!
and since I will deal thus with you,
prepare to meet your God, O Israel.

World Magazine reports, June 27, 2020, that according to a calculation by National Right to Life using data from the Guttmacher Institute, the total number of reported abortions in the United States between 1973 (when the U.S. Supreme Court forced states to legalize abortion) and 2017 is 61,628,584. 

Of the more than 61.6 million reported abortions:

  • 744,610 abortions in 1973 when the Supreme Court legalized abortion.
  • 1,608,600 abortions in 1990, the highest annual number of abortions since the 1973 Roe v. Wade SCOTUS decision
  • 1,312,990 abortions in 2000.
  • 1,102,670 abortions in 2010.
  • 899,500 abortions in 2015.
  • 862,320 abortions in 2017, a decline of almost 50% since 1990.

While the number of abortions had gone down since 1990, the total number of 61,628,584 reported abortions in the 44 years since 1973 is more than twice the population of Australia, near six times the population of Greece, and more than seven times the population of Switzerland.

Below are the countries whose total population is less than the 61.6 million U.S. abortions since 1973 (source: Wikipedia):

  1. South Africa (pop. 58,775,022)
  2. Tanzania (57,637,628)
  3. Myanmar (54,817,919)
  4. South Korea (51,780,579)
  5. Columbia (50,372,424)
  6. Kenya (47,564,296)
  7. Spain (47,329,981)
  8. Argentina (45,376,763)
  9. Algeria (43,000,000)
  10. Sudan (42,627,655)
  11. Ukraine (41,806,221)
  12. Uganda (41,590,300)
  13. Iraq (40,150,200)
  14. Poland (38,379,000)
  15. Canada (38,083,197)
  16. Morocco (35,942,525)
  17. Uzbekistan (34,269,199)
  18. Saudi Arabia (34,218,169)
  19. Peru (32,824,358)
  20. Malaysia (32,826,760)
  21. Afghanistan (32,225,560)
  22. Venezuela (32,219,521)
  23. Angola (31,127,674)
  24. Ghana (30,280,811)
  25. Mozambique (30,066,648)
  26. Nepal (29,996,478)
  27. Yemen (29,825,968)
  28. Cameroon (26,545,864)
  29. Madagascar (26,251,309)
  30. Ivory Coast (25,823,071)
  31. Australia (25,756,880)
  32. North Korea (25,450,000)
  33. Taiwan (23,596,493)
  34. Niger (22,314,743)
  35. Sri Lanka (21,803,000)
  36. Burkina Faso (21,510,181)
  37. Mali (20,250,833)
  38. Chile (19,458,310)
  39. Romania (19,405,156)
  40. Malawi (19,129,952)
  41. Kazakhstan (18,729,296)
  42. Zambia (17,885,422)
  43. Ecuador (17,516,888)
  44. Syria (17,500,657)
  45. Netherlands (17,482,181)
  46. Senegal (16,705,608)
  47. Guatemala (16,604,026)
  48. Chad (16,244,513)
  49. Somalia (15,893,219)
  50. Cambodia (15,288,489)
  51. Zimbabwe (15,159,624)
  52. South Sudan (12,778,250)
  53. Rwanda (12,374,397)
  54. Guinea (12,218,357)
  55. Benin (11,733,059)
  56. Tunisia (11,722,038)
  57. Haiti (11,577,779)
  58. Belgium (11,528,375)
  59. Bolivia (11,469,896)
  60. Cuba (11,193,470)
  61. Burundi (10,953,317)
  62. Greece (10,724,599)
  63. Jordan (10,713,832)
  64. Czech Republic (10,693,939)
  65. Dominican Republica (10,448,499)
  66. Sweden (10,345,449)
  67. Portugal (10,295,909)
  68. Azerbaijan (10,067,108)
  69. United Arab Emirates (9,890,400)
  70. Hungary (9,769,000)
  71. Belarus (9,397,800)
  72. Honduras (9,304,380)
  73. Israel (9,216,070)
  74. Tajikistan (9,127,000)
  75. Papua New Guinea (8,935,000)
  76. Austria (8,902,600)
  77. Switzerland (8,619,259)
  78. Sierra Leone (7,901,454)
  79. Togo (7,538,000)
  80. Paraguay (7,252,672)
  81. Laos (7,123,205)
  82. Serbia (6,963,764)
  83. Bulgaria (6,951,482)
  84. Libya (6,871,287)
  85. Lebanon (6,825,442)
  86. Kyrgyzstan (6,533,500)
  87. El Salvador (6,486,201)
  88. Nicaragua (6,460,411)
  89. Turkmenistan (6,031,187)
  90. Denmark (5,824,857)
  91. Singapore (5,703,600)
  92. Congo (5,518,092)
  93. Finland (5,498,027)
  94. Central African Repubic (5,496,011)
  95. Slovakia (5,457,873)
  96. Norway (5,372,355)
  97. Costa Rica ()
  98. New Zealand (5,008,365)
  99. Palestine (4,976,684)
  100. Ireland (4,921,500)
  101. Oman (4,645,249)
  102. Liberia (4,475,353)
  103. Kuwait (4,420,110)
  104. Panama (4,218,808)
  105. Mauritania (4,077,347)
  106. Croatia (4,076,246)
  107. Georgia (3,716,858)
  108. Uruguay (3,530,912)
  109. Eritrea (3,497,117)
  110. Mongolia (3,325,178)
  111. Bosnia and Herzegovina (3,301,000)
  112. Armenia (2,956,900)
  113. Albania (2,845,955)
  114. Qatar (2,795,484)
  115. Lithuania (2,793,353)
  116. Jamaica (2,726,667)
  117. Moldova (2,640,400)
  118. Namibia (2,458,936)
  119. Gambia (2,347,706)
  120. Botswana (2,338,851)
  121. Gabon (2,172,579)
  122. Slovenia (2,095,861)
  123. North Macedonia (2,077,132)
  124. Lesotho (2,007,201)
  125. Latvia (1,904,600)
  126. Kosovo (1,795,666)
  127. Guinea-Bissau (1,604,528)
  128. Bahrain (1,543,300)
  129. Equatorial Guinea (1,454,789)
  130. East Timor (1,387,149)
  131. and 51 more countries with population fewer than East Timor’s

You demon-possessed advocates of abortion must be so proud.

The smiling faces of evil

~Eowyn

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1 in 3 Americans believe civil war is likely in 5 years

BlackLivesMatter riots continue to blaze across America.

Mobs in paroxysms of blind rage and demonic glee topple statues of our Founding Fathers, presidents, and historical figures Confederate or not, which belie the rioters’ ostensible cause of anti-racism.

Tbis is no longer about racism.

What we are witnessing is not just anarchism, it is chaos for chaos’ sake, destruction for the sake of destruction. Like the Taliban in Afghanistan who tore down and defaced Buddhist statues, the rioters today are tearing down historical symbols to obliterate American history itself.

If they could, they would topple the Statue of Liberty.

Amidst all the statue-untoppling, rioting, looting, burning, and occupation of city blocks, mayors and governors do nothing.

Democrats in Congress, especially their leader House Speaker Nancy Pelosi, not only do nothing, they are silent — their silence an unspoken acquiescence and approval. The Republicans are little better.

The only public figure who is vocal in his condemnation of all the anarchy and mayhem is President Trump, but he receives little to no support from his own party.

It is no wonder that the latest Rasmussen poll found that as many as 34% of U.S. likely voters, i.e., one in three, think that civil war is likely sometime in the next five years. 9% believe civil war is “very likely”.

Last year, 31% of Americans thought civil war was likely; the year before, in 2018, it was 11%.

The national phone and online survey of 1,000 likely voters was conducted one June 11 and 14, 2020 by Rasmussen Reports. The margin of sampling error is ± 3 percentage points with a 95% level of confidence.

Other findings:

  • 40% of Republicans, 38% of nonpartisan or unaffiliated, and only 28% of Democrats see a second war on the horizon. 
  • 39% of all likely voters believe the removal of Confederate symbols, names and monuments throughout the country honoring those who fought in the first civil war will help race relations. 27% disagree and think it will hurt race relations instead; 28% think removing public traces of the Confederacy will have no impact.
  • 37% of likely voters think the current protests over the killing of George Floyd by Minneapolis police officers will lead to long-term, meaningful racial change in America. 31% disagree; 32% are not sure.
  • Race: Just 29% of blacks believe the current protests will lead to long-term, meaningful racial change in America, compared to 35% of whites and 48% of other minority voters. Blacks (54%) are far more confident than whites (36%) and other minorities (40%), however, that the removal of Confederate symbols, names and monuments will help race relations.
  • Gender and age: Women and those under 40 are more supportive of the current anti-police protests and the anti-Confederacy drive than men and older voters. Younger voters worry most about another civil war.
  • Political party: 64% of Democrats think getting rid of all traces of the Confederacy will help race relations, a view shared by only 19% of Republicans and 31% of unaffiliated voters.

~Eowyn

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George Floyd. 3 Minutes of resisting arrest. The video Fake News didn’t want you to see?

 

Video footage the MSM fake news conveniently kept out of their “breaking news story” has surfaced  of George Floyd resisting arrest for around three minutes .

Would this have stopped the riots? No. Fake news had made their minds up.  They were going do their part at destroying the country.  They were sticking to the plan.

*”One of the most obvious ways to tell I’f a event could be faked is paying attention to the news release. It’s  a dead giveaway when you see all the networks releasing the same exact story, at the same time.”

This video just adds to the long list  of events that fake news got caught at “faking news”.

There you have it.  Floyd did indeed resist arrest.  The entire fake news complex lied to you, again.  They specifically said Floyd didn’t resist arrest.

This is just another example why I quit believing everything the news media puts out..  Some might think that’s a little extreme.  No. It’s  the only logical, smart solution.  The days of me saying “they lie sometimes but usually they are pretty honest”  were gone long ago.  If you say you can tell the difference simply by using your best judgement, all you are really doing is selecting what you feel comfortable with. That does not make it true.

People saw the video.  They saw Floyd die.. Somebody mentioned in the comment section in a prior post of mine.  Something along the lines that “it’s  going to take more than different time stamps to change my mind”.

Five simple points, out of many.

  1. MSM lies all the time
  2. “Floyd is dead because the video shows it.”  Yes, the video looks like someone got killed or died of something. .. I get it, you’re convinced.  Now go turn on your TV or watch your favorite movie on the internet.   Why do you watch what you are watching?  It’s because the character’s seem real.  A block buster movie only becomes a hit if the movie is good.  This requires the actors  being skilled enough to convince you the roles the play are real..  Seeing is no longer believing.   If you believe Floyd is dead because it was captured on video, then you have to believe everything in all movies/videos  are true.
  3. If we wanted to use a video deposition in court, most states require the date/time to be burned into the video at the time of recording.  If the date is off/time is off, they cannot be used in court.  All the videos  times were different..  Floyd videos should not be legit evidence in court.  *Time/ date can be faked in any video.  Even when time of recording is hurned into video.
  4. To convict, there cannot be a reasonable doubt.   Time/date or  anything  else that’s  seemd wrong with this event causes reasonable doubt.  Innocent until proven guilty.
  5. Reliability of source of video.

I use the MSM as leads.  Then I investigate the story myself. But to each their own.

Fake ot not , some have come out ahead because of Floyd’s death.

  • Floyd family got millions in donations. Fame and fortune.
  • Black LIves Matter seemed to grow in numbers.  They assaulted and killed police officers which continues at this very moment.  They ignore   black on black deaths., or any other death in the black community..  They’ve actually got people giving in to their demands..  Some are actually kneeling for them, because BLM expects it.  .  Yes, they have been successful proving racism and bigotry exist in America.  BlM being perhaps the most openly racist group to ever exist in America..
  • Let’s not forget the 35 million and more BLM has received  in donations..  Unfortunate for them,  the people handling their money, the Minnesota Freedom Fund (MFF) has only spent  $200,000 of the money on bail money for protesters.  They haven’t  said where the rest of the money went.  MFF deleted the board members(which are almost all white) page on their site and they quit accepting donations.  They already admitted on Twitter that ” the donations are turned over to ACTBLUE.  ACTBLUE then give it to the democrats”.  That’s  because ACTBLUE is part of the Democrat party. Looks like the democrats hustled BLM.  Watch, BLM will still support democrats. Ok
  • Democrats have shown how much they love their voter base by allowing out of town rioters to destroy their cities, their  businesses, get assaulted, killed and have their whole lives destoyed.
  • Biden says Floyd is more important than MLK.
  • Science makes discovery that protesting will keep you safe from getting covid19 but attending church, working, etc, increases your chance to get the virus.
  • The first time in history that a transperson parent got to fight alongside their transchildren and transhgrandkids with their trans dog and trans bird. Take over American soil.  They did this through violence and   declared their own country.  Perhaps the #1 country of starving people because the homeless stole all the food the firds day.
  • The first time a unknown rapper declares himself the police after removing the police because they didn’t want police there.  He also declares himself to be leader of country by beating and who knows what.  Proving the people with guns win. Tupac  and biggie would be proud.
  • Floyd  so influential and important that he gets minute by minute coverage the day he is buried.  He gets second by second camera coverage from helicopter  of his car as it travels to his resting grounds. The man is treated like a Saint, even though he was a hardened thug who died while being arrested for committing a crime that is a violation of federal law , which can carry a sentence  of 20 years.
  • Police are getting replaced and now, just as I predicted, democrats are going after their weapons.
  • Muslims love the replacing the police with something like community police.  Perfect because to Muslims, community police is religion police or the morality police.  That gives them a chance to bring in Sharia  law.

Minneapolis is home to the largest population of Somali in the USA.  That means Muslim. You can be sure a Muslim controlled replacement for the police is ready to fill the spot.

I find it unusual that CUP FOODS is also the address of a Mosque.  Yes, they have a Mosque in the basement.  An “underground Mosque”. Now you know it’s  true.  They exist.

I mentioned earlier  about the video source being reliable. There is some evidence that the owner(from Palestine)of Cup Foods might have had some animosity toward the police.

That area of town is a hotspot for crime.  Cup Foods being a hotspot for drug trafficking.

The owners  son is a convicted felon who has been to prison. The business has been in trouble with the law in the past.  Both the owner and son have criminal records.

This document will explain the situation better than I.

 

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh, Relators, vs. City of Minneapolis, Respondent. C2-01-399, Court of Appeals Published, September 11, 2001.

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-01-399

CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh,

Relators,

vs.

City of Minneapolis,

Respondent.

Filed September 11, 2001

Affirmed in part, reversed in part, and remanded

G. Barry Anderson, Judge

City of Minneapolis

Docket No. 9-2110-12612-3

Ronald I. Meshbesher, Jonathan M. Peck, Meshbesher & Spence, Ltd., 1616 Park Avenue, Minneapolis, MN  55404 (for relators)

Jay M. Heffern, Minneapolis City Attorney, Scott Reeves, Assistant Minneapolis City Attorney, 300 Metropolitan Centre, 333 South Seventh Street, Minneapolis, MN  55402 (for respondent)

Considered and decided by G. Barry Anderson, Presiding Judge, R.A. Randall, Judge, and Robert H. Schumacher, Judge.

S Y L L A B U S

If an agency adopts the findings and conclusions of an administrative law judge, but rejects or significantly deviates from the recommendations of that judge and does not make findings explaining the deviation, the decision is arbitrary and capricious, and the case should be remanded for the agency to make findings explaining its decision to deviate.

O P I N I O N

G. BARRY ANDERSON, Judge

Respondent city stayed revocation of relator’s business licenses subject to store closure for six months and compliance thereafter with several conditions.  Relator argues that respondent’s decision is not supported by substantial evidence and that the sanction was arbitrary and capricious.  Relator also argues that the administrative law judge (ALJ) abused her discretion by denying his motion to strike testimony concerning controlled drug buys.  We conclude that there is substantial evidence to support respondent city’s finding of good cause for adverse license action against relator.  In addition, because relator did not make a timely motion to strike, we conclude that the ALJ acted within her discretion by denying the motion.  But because respondent deviated from the ALJ’s recommendations when imposing its sanction, without making findings explaining the reasons for doing so, we reverse and remand.

FACTS

In 1989, relator Samir Abumayyaleh opened a convenience store at the northeast corner of 38th Street and Chicago Avenue South in Minneapolis.  The store sold groceries and the usual convenience items.  Eventually, relator added numerous goods and services to the store, including a delicatessen, cellular phone and pager sales, tobacco products, and off-sale 3.2 beer.

Respondent City of Minneapolis issued CUP Foods (Chicago Unbeatable Prices) four licenses: (1) grocery store; (2) food manufacturer; (3) tobacco dealer; and (4) off-sale 3.2 beer vendor.  Respondent first issued the licenses in 1989 and each is subject to annual renewal.  Relator’s family, including his father and two younger brothers, work at the store, but relator also employs other workers.  Relator’s younger brother Nabil, known as “Billy,” one of the store employees, has a prior felony conviction for auto theft.

CUP Foods is located in a high-crime area of Minneapolis and, not surprisingly, experienced problems with loitering and drug activity in and around the store.  In 1991, relator complained to respondent about the loitering problem, and at a city crime specialist’s recommendation, relator placed two yellow “no trespassing” signs outside his store.  Respondent conditioned relator’s licenses on reduced hours of operation.  On several occasions, however, the store remained open after the designated closing time.

In 1993, after receiving additional complaints about loitering and drug activity near CUP Foods, respondent scheduled a committee meeting to consider adverse license action.  As a result of the meeting, relator agreed to remove public pay phones, hire off-duty police officers for security, reduce hours of operation, hire older employees for evening shifts, report drug activity to police, and remove signs blocking store windows.  Relator understood that failure to comply with the agreed-on conditions could result in revocation, suspension, or non-renewal of his licenses.  Relator complied with the conditions, including the employment of off-duty police officers as security guards.  But approximately one-year later, relator discontinued their employment because of the cost and because “things got a lot better at the intersection.”

As time went on, however, the crime problem at 38th and Chicago became worse.  In 1996, neighborhood residents formed a task force to improve safety and reduce drug-dealing activity in the neighborhood.  In 1998, the number of complaints concerning CUP Foods prompted police community crime specialists to open a file on the store.  Crime-prevention specialists visited CUP Foods and relator signed a Minneapolis “no trespassing” affidavit and received two new “no trespassing” signs.  The specialists advised relator to call 911 to report trouble, and he and his employees did so.

On July 13, 1998, a shooting took place near CUP Foods.  Shortly thereafter, relator attended a task-force meeting and asked for a greater police presence at the intersection.  A few months later, two more shootings took place near CUP Foods.

Beginning in October 1998, police conducted surveillance of CUP Foods.  Police observed loitering and hand-to-hand exchanges outside the store and in the store entryway.  Using confidential informants, police made several “controlled buys” of either crack cocaine or apparent crack cocaine inside CUP Foods.

Based on the results of the controlled buys, police obtained a search warrant for CUP Foods and executed that warrant on November 18, 1998.  Police recovered: stolen cell phones; a bullet-proof vest; live ammunition; a stolen bicycle; ephedrine, an ingredient in methamphetamine; glass tubing; baggies of what appeared to be crack cocaine (but later proved to lack cocaine base); postal scales; and three firearms.  Police also observed bullet holes in a door.  The state charged Nabil Abumayyaleh with unlawful possession of a firearm, but later dismissed that charge.  Police did not link any of the stolen items to relator, and did not charge him with any crime.

Police continued to make controlled buys in CUP Foods during 1999.  On one occasion, the participants completed a transaction in plain view of Nabil Abumayyaleh as he worked as a cashier.  On November 9, 1999, a Minneapolis police officer recovered crack cocaine from a CUP Foods shelf during the course of answering a call reporting an armed man in the area.

In November 1999, the Hennepin County Attorney’s Office commenced a nuisance-abatement proceeding against CUP Foods.  That proceeding was stayed pending the city’s resolution of appellant’s licensing issues because, on November 19, 1999, respondent filed a notice of hearing concerning all CUP Foods licenses.  Respondent filed amended notices on February 25, 2000, and again on March 27, 2000.

An ALJ conducted evidentiary hearings on March 28, 30, and 31, and on May 5 and 15, 2000.  Respondent presented testimony from police and neighbors, and argued for revocation of relator’s licenses.  Relator presented favorable testimony from neighbors and customers, testified to his own compliance with recommendations, and explained that he, too, sought to end the criminal activity near the intersection.

The ALJ concluded that respondent had shown good cause for taking adverse action against CUP Foods, but recommended that the city council consider placing conditions on CUP Foods licenses, rather than revoking the licenses outright.  On December 29, 2000, the Minneapolis City Council adopted the ALJ’s report but, rather than placing conditions on relator’s business licenses, it revoked all the licenses, stayed on the conditions that CUP Foods (1) close for six months and (2) take additional specified crime-prevention measures upon re-opening.  The council, however, waived 90 days of the closure period, upon relator’s payment of a $10,000 administrative fine.  The mayor approved the decision on January 4, 2001.  Relator now proceeds by writ of certiorari.

ISSUES

I.                    Was respondent city’s decision to stay revocation of relator’s business licenses, subject to conditions, a denial of due process, arbitrary and capricious, or unsupported by substantial evidence?

II.                 Did the ALJ violate relator’s right to due process of law by denying relator the opportunity to cross-examine confidential informants who made controlled buys at CUP Foods?

ANALYSIS

I.

            Appellant first argues that respondent city’s decision to revoke his business licenses is arbitrary and capricious, is unreasonable, is irrational, and not supported by substantial evidence, and that it violates his due-process rights because neither relator nor his employees had direct knowledge that drug activity took place inside CUP Foods.

Generally, decisions of administrative agencies, including cities, enjoy a presumption of correctness and will be reversed only when they reflect an error of law or where the findings are arbitrary, capricious, or unsupported by substantial evidence.  Cable Communications Bd. v. Nor-West Cable Communications P’ship,356 N.W.2d 658, 668 (Minn. 1984); see alsoMinn. Stat. § 14.69 (2000) (setting forth the scope of judicial review).

 Where the evidence is conflicting or more than one inference may be drawn from the evidence, findings must be upheld.  City of Minneapolis v. Richardson,307 Minn. 80, 88, 239 N.W.2d 197, 202 (1976).  If the agency engaged in reasoned decision-making, a reviewing court will affirm its decision even though the court may have reached another conclusion. State by Khalifa v. Hennepin County,420 N.W.2d 634, 639 (Minn. App. 1988), review denied (Minn. May 4, 1988). 

A.         Due Process

            Relator argues that respondent’s decision denies him “due process of law.”  To determine what process is due, this court first determines whether a property interest is implicated.  Humenansky v. Minnesota Bd. of Med. Exam’rs,525 N.W.2d 559, 566 (Minn. App. 1994), review denied(Minn. Feb. 14, 1995).  Relator correctly points out that he has a property interest in his business licenses.  See Bird v. Dep’t of Pub. Safety,375 N.W.2d 36, 42 (Minn. App. 1985) (finding property interest in automobile dealer’s license).  Our second inquiry requires weighing the particular interests involved. Humenansky,525 N.W.2d at 566. 

Sufficient due process generally requires reasonable notice and a hearing.  In re License of W. Side Pawn,587 N.W.2d 521, 522 (Minn. App. 1998), review denied (Minn. Mar. 30, 1999).  Although relator argues that he was denied due process, he does not allege that he was denied either reasonable notice or an opportunity to be heard.  The record shows relator received initial notice of the hearings approximately four months before the license proceedings, a five-day trial-type hearing, representation by counsel, an impartial decision-maker, and a decision based solely on the record.  This is sufficient to satisfy the due-process requirement.  See Humenansky,525 N.W.2d at 565 (describing the process due when property interests are implicated).

B.         Substantial Evidence

Relator argues that respondent violated his due-process rights because revocation

extinguishes [relator’s] property interest and deprives [relator] from making a living without a factual finding that either [relator] or any of his employees permitted, encouraged, or had any direct knowledge of the alleged controlled buys.

In essence, relator alleges that respondent lacked substantial evidence of “good cause” to take adverse license action against relator’s business.

 Substantial evidence, for the purpose of appellate review of an administrative agency’s decision, is: (1) such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (2) more than a scintilla of evidence; (3) more than some evidence; (4) more than any evidence; and (5) evidence considered in its entirety.  In re Friedenson,574 N.W.2d 463, 467 (Minn. App. 1998) (citation omitted), review denied (Minn. Apr. 30, 1998).  We defer to the agency’s fact-finding process and it is the challenger’s burden to establish that the findings are not supported by the evidence.  In re Lakedale Tel. Co.,561 N.W.2d 550, 554 (Minn. App. 1997).  Unless manifestly unjust, inferences must be accepted even though it may appear that contrary inferences would be better supported by the record.  Id.  Thus, relator must show that the evidence, considered in its entirety, and drawing inferences in favor of the decision, is not substantial, and, therefore, does not adequately support respondent’s finding that good cause existed to take adverse action against his business licenses.

The Minneapolis Code of Ordinances provides that “[a]ny license granted under this chapter may be revoked by the mayor or the city council as in the city charter provided.”   Minneapolis, Minn., Code of Ordinances § 188.350 (1999).  The city charter provides:

Section 16.  Licenses May Be Revoked.  Any license issued by the authority of the City Council may be revoked by the City Council at any time upon proper notice and hearing for good cause * * * .

Minneapolis, Minn., City Charter ch. 4, § 16.

The ALJ’s memorandum explained that relator’s employment of his brother Nabil Abumayyaleh, a convicted felon, and the handguns found during the search of CUP Foods, did not warrant taking adverse license action against relator because relator legally employed his brother and legally possessed the handguns for protection.  Similarly, the ALJ found that, because respondent failed to link any of the stolen items recovered during execution of the 1998 search warrant to relator, that evidence alone did not support adverse license action.  Further, the ALJ found that the three shootings near CUP Foods had no connection to the store and were simply a “by-product of the gang violence that is prevalent in this south Minneapolis neighborhood.”

But respondent, through the testimony of police officers and neighbors, presented evidence of: (1) chronic loitering at CUP Foods; (2) numerous hand-to-hand exchanges, an indication of drug dealing, taking place in and outside the store; and (3) controlled drug buys inside the store.  Respondent also presented evidence that despite the earlier license conditions, the store’s windows remain obstructed by advertising, signs, and shelving, and that the lack of visibility inside the store hampers law-enforcement efforts.

For these reasons, the city council adopted the ALJ’s conclusion that

[respondent] has demonstrated by a preponderance of the evidence that drug dealing and loitering have occurred on a frequent basis on and near CUP Foods’ premises.  * * * [Relator’s] failure or inability to prevent or meaningfully control the sale of drugs occurring inside his store constitutes good cause for taking adverse action against CUP Foods’ licenses. While [relator] testified that he routinely asks loiterers to leave, substantial credible testimony from neighborhood residents and police officers established that there is an ongoing pattern of loitering and drug dealing both inside the store and outside the store’s front entrance.  And, despite some measures taken by [relator] to increase visibility in his store, the record established that the majority of the store’s windows remain obstructed by shelving, advertisements, and other signage.  The inability to see into the store’s windows encourages loitering and criminal activity in general at CUP Foods.

Although there is no direct evidence that relator or his employees observed drug transactions, there is ample evidence, including the evidence of the controlled buys, that such transactions took place in and around CUP Foods and that relator knew that crime in and near the store was an ongoing problem.  Although relator made efforts to improve security and reduce crime, he failed to decrease the height of store shelves or remove window advertisements, and, until very recently, relator had abandoned the use of security guards.

Drawing inferences in favor of respondent city’s decision, as we must, and viewing the record as a whole, we conclude that the evidence, though hardly overwhelming, is reasonable, “more than a scintilla,” “more than some,” and “more than any” evidence.  The evidence, therefore, is substantial and supports the conclusion that respondent had “good cause” to take adverse license action against relator.[1] 

C.        Arbitrary and capricious

Relator also argues that the adverse license action is arbitrary and capricious.  Reviewing courts may reverse an agency’s decision if the decision is arbitrary or capricious.  Minn. Stat. § 14.69(f) (2000).  An agency decision is arbitrary and capricious if it is an exercise of the agency’s will, rather than its judgment, or if the decision is based on whim or is devoid of articulated reasons. Friedenson,574 N.W.2d at 467;Mammenga v. State Dept. of Human Servs.,442 N.W.2d 786, 789 (Minn. 1989).  “Where there is room for two opinions on the matter, [an agency’s choice of one course of] action is not arbitrary and capricious * * * .”  Friedenson,574 N.W.2d at 467 (citing Brown v. Wells,288 Minn. 468, 472, 181 N.W.2d 708, 711 (1970)).     

The problems at CUP Foods illustrate the collision between two important principles of United States jurisprudence: the reasonable public safety expectations of citizens and the preservation of private property rights, which, in this case, take the form of business licenses.

A city council may affirm, reject, or modify an ALJ’s findings or conclusions.  See Hymanson v. City of St. Paul,329 N.W.2d 324, 326-27 (Minn. 1983) (a city council may make new findings or decide contrary to the hearing examiner’s recommendations).   Despite this authority, when an agency significantly deviates from a reviewing authority’s conclusions, it must explain the deviation.  Beaty v. Minnesota Bd. of Teaching,354 N.W.2d 466, 472 (Minn. App. 1984).  Failure to do so “evidences the agency’s desire to exercise its will and not its judgment.”  Id.see also Burnett v. Stearns County Welfare Bd.,370 N.W.2d 452, 455 (Minn. App. 1985) (holding county welfare board acted arbitrarily and capriciously by rejecting without comment merit system council recommendation to grant relator a merit increase).  But see Friedenson,574 N.W.2d at 467-68 (holding revocation of relator’s medical license not arbitrary and capricious, even though board failed to explain its reasons for deviating from ALJ’s findings of fact and conclusions of law, because reviewing court was satisfied penalty was the product of “careful and prudent judgment”).  

Respondent adopted the ALJ’s findings, as well as the conclusions supported by those findings.  But respondent did not adopt the ALJ’s recommendations to place conditions on relator’s business licenses, and instead stayed revocation on the conditions that CUP Foods close for six months and, upon re-opening, comply with numerous crime-prevention measures.  Respondent significantly deviated from the ALJ’s recommendations without explaining why the ALJ’s recommendations were rejected or making additional findings to support this disposition.  At a minimum, a business owner with property rights in the form of government licenses is entitled to know the reasons for adverse action by the city council.  We therefore hold that the absence of such findings renders the respondent city’s decision arbitrary and capricious, and we reverse and remand for additional proceedings and to permit respondent to make appropriate findings explaining its decision.

We caution respondent, however, that any additional findings or conclusions it may adopt on remand, to explain its reasons for significantly deviating from the ALJ’s recommendations, must be limited to the issues raised in the earlier proceedings.  See Interstate Power Co. v. Nobles County Bd. of Comm’rs, 617 N.W.2d 566, 580 (Minn. 2000); Earthburners, Inc. v. County of Carlton, 513 N.W.2d 460, 463 (Minn. 1994) (reviewing board “must confine its inquiry to those issues raised in [the] earlier proceedings”); White Bear Rod & Gun Club v. City of Hugo, 388 N.W.2d 739, 742 (Minn. 1986) (city council not required to make formal findings but, at a minimum, must “‘have the reasons for its decision recorded or reduced to writing and in more than just a conclusory fashion’” (quotation omitted)). 

II.

            Relator also argues that the ALJ abused her discretion by denying relator’s motion to strike testimony concerning the confidential informants who completed “controlled buys” inside CUP Foods, contending that by failing to strike that testimony the ALJ denied him his right to confront the informants.  Evidentiary rulings in administrative proceedings are subject to an abuse-of-discretion standard.  See Lee v. Lee,459 N.W.2d 365, 369 (Minn. App. 1990) (applying abuse-of-discretion standard to appeal of evidentiary ruling on hearsay evidence made during an administrative child-support hearing conducted under Minnesota Administrative Procedure Act rules), review denied(Minn. Oct. 18, 1990).

During the license hearings, respondent’s counsel questioned Sherry Appledorn, the police officer who arranged the controlled buys, about her conversations with the confidential informants.  Relator’s counsel objected on hearsay grounds.  The ALJ sustained the objection, but permitted the officer to testify concerning matters within her own knowledge.  At the close of the hearings, relator moved to strike all testimony concerning the controlled buys on the basis that he was denied the right to confront the informants.  The ALJ ruled that the request was untimely.  Respondent argues that this court need not reach the issue of confrontation because relator’s motion to strike was untimely.  We agree.

The rule that an objection to the admission of evidence must be made at the time the evidence is offered is well established.  Eilola v. Oliver Iron Mining Co.,201 Minn. 77, 79, 275 N.W. 408, 409 (1937); see also Minn. R. Evid. 103(a)(1) (providing that there is no error unless an evidentiary ruling affects a substantial right of a party and a timely objection or motion to strike is made).  Although relator objected to out-of-court statements made by the informants as hearsay, relator did not (1) bring any motion to compel respondent to disclose the informants’ identities, even though the initial notice of hearing indicated that the controlled buys would be part of respondent’s evidence, or (2) object to the admission of Appledorn’s testimony concerning her knowledge of the controlled buys until the close of the hearing in May 2000, more than one month after she testified.  We therefore conclude that the ALJ acted within her discretion by denying relator’s motion to strike, and we decline to further address relator’s confrontation claims.

D E C I S I O N

Respondent’s conclusion that there is good cause to take adverse license action against relator is supported by substantial evidence.  Respondent’s decision to deviate from the sanctions recommended by the ALJ, however, is arbitrary and capricious because the deviations are significant and respondent did not make findings explaining its decision to deviate.  Finally, the ALJ did not abuse her discretion by denying relator’s motion to strike testimony concerning controlled drug buys because the motion was untimely.

Affirmed in part, reversed in part, and remanded.

[1]Relator devotes more than three pages of his brief to a discussion of Saxon Coffee Shop, Inc. v. Boston Lic. Bd.,407 N.E.2d 311 (Mass. 1980).  In Saxon,a license-revocation action, criminal activity inside a store and the non-cooperation of the store’s management did not meet the substantial-evidence test.  Id at 319.  We reject Saxon’sreasoning because City of Mankato v. Mahony,542 N.W.2d 689 (Minn. App. 1996), suggests that a city may take adverse-license action in response to criminal activity if the licensee does not cooperate to prevent future violations.  Id. at 692 (reversing revocation of landlord’s license where landlord acted responsibly to prevent further violations of city noise codes). 

Source

Perhaps Floyd and the business was doing a drug deal.  When Floyd was on the ground, leaning against Dragon Wok, an officer leaned over and picked something up off the ground and put it in his pocket.  Maybe it was just a dime or something.

False Flag or not, the whole situation has the Democrats name written all over it.  It’s  only going to get worse until election  day.

Respectfully

Deplorable Patriot.

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Useful Idiots, Inc.

“Today’s ‘woke’ corporate executives – along with academics and media personalities and many Democrat officeholders – are incurious and unquestioning lemmings following big lies over a cliff, after which they’re destined to experience a hard-landing into totalitarianism.  For many, if not most, that will prove fatal.”

Cross-posted with trevorloudon.com

Corporations – with furloughed employees from sea-to-shining-sea – are falling all over themselves to massively expand their woke budgets and throw money at “Black Lives Matter” (BLM) and similar “social justice” organizations. 

And massively means MASSIVELY: $565 million as of June 11, 2020, according to one report.  But as we’ll see, this money is not going toward addressing “systemic racism,” nor “inequality.”

But first, just imagine what all that money could accomplish if invested toward addressing the root causes, in a spirit of Black lives mattering, instead of hollow symbolism and racial jingoism of BLM.

Such as: monetarily supporting pro-life groups, that by definition oppose Planned Parenthood – which probably snuffs-out more Black lives in the average month than there have been police shootings since the founding of this country (including justified and non-justified police shootings).  Abortion is the leading root cause of premature death among Blacks.

Such as: monetarily organizations promoting the restoration of the nuclear family, including faith-based institutions, since illegitimacy has become rampant in the Black community, and is one of – if not the – single greatest root cause of future poverty.

Such as: monetarily supporting organizations providing vouchers or scholarships to private schools for Black youth – so that they can access to quality education that will help position them for future prosperity, instead of being trapped in the public education system. Lack of access to high quality education is a root cause of continued poverty among Blacks. (See the documentary “Waiting for Superman” for a heart-wrenching depiction of Black mothers desperately seeking better educational opportunities for their children.)

It’s not genuine concern for Black lives mattering that’s driving the dollars from the woke corporations, but cynical racial virtue signaling – merely a variation of a traditional PR or marketing campaigns intended to burnish the image of the corporation.

Continue reading

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Blacks who think for themselves: woman schools white liberals; black men thank cops

We tend to over generalize.

When we see some members of a particular group do something noxious, we often generalize from that to the entire group — that every member of that group is noxious.

But things in this world are never 100%. For example (from Pew Research Center):

  • Not all women are pro-abort “progressive” statists who look to and depend on big government. In fact, did you know that in the 2016 election, as many as 42% of women supported Donald Trump, while 41% of men actually favored Hillary Clinton?
  • And although the overwhelming majority (89%) of African-Americans supported Hillary, not all Blacks did — a small minority of 8% voted for Trump.

Below are three examples of black Americans who are not in lockstep with the radical agenda and behavior of the Black Lives Matter mob.

(1) Black woman in Seattle schools clueless white liberals:

(2) In the midst of Floyd riots, a black man thanked police officers:

(3) At a Cracker Barrel in Pell City, Alabama on June 10, 2020, a black man paid for the meals of four white police officers to thank them for their service. Eye-witness Gary Gill (@iamgarrygill) tweeted this picture of the man:

Gill added:

He then thanked them for their public service and wished them a safe day on the job. Every officer stood up and thanked the man while shaking his hand. With all the craziness in the world right now, all the hatred and people being divisive.

It’s a good thing to see stuff like this. It’s also a good reminder that we are all human and not to ever judge anyone by their uniform or skin color. Edit: to say this was in Pell City, Alabama. Garrett Cotton on Facebook

It is noteworthy that I scoured the Internet for reports of the black man paying for the white cops’ meals, but I couldn’t find any. Instead, my searches produced only YouTube videos and links to news articles on how horrible white cops treat blacks.

~Eowyn

Drudge Report has gone to the dark side. Check out Whatfinger News, the Internet’s conservative frontpage founded by a military veteran!

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America, get ready for your new police-free reality (Good time to buy more ammo)

Buy. Lots. Of. Ammo.

When the left say they want to abolish the police, they mean it.

The reality of the progressive #defundpolice/BLM agenda:

Some 19 Atlanta officers have resigned after Rayshard Brooks shooting

10 SWAT members in South Florida resign from unit, saying they feel unsafely restrained by politics

Seven Minneapolis police officers resign after George Floyd protests, citing lack of support from city leaders

NYPD police prepare to leave force, saying top brass abandoned them

NYPD investigating incident of multiple uniformed officers being poisoned at Manhattan restaurant

LAPD sources tell me morale is at “rock bottom”.

Emergency response time more than triples due to Seattle occupy protesters

Dangerous times ahead, very dangerous. Be prepared, folks.

DCG

Better than Drudge Report. Check out Whatfinger News, the Internet’s conservative frontpage founded by ex-military!

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U.S, Supreme Court Rules Against LGBTQ Discrimination in the Workplace

The U.S. Supreme Court today (June 15) ruled that employers may not discriminate against LGBTQ employees on account of their unconventional lifestyles. The 6-3 ruling appears to extend worker protections to a category that was specifically omitted in the landmark 1964 Civil Rights Act. The majority decision was written by Associate Justice Neil Gorsuch, President Donald Trump’s first nominee to the court. He was joined by Chief Justice John Roberts and the court’s four liberal justices. Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh dissented.

Gorsuch wrote, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.”

Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh vigorously dissented, saying the majority had not ruled on existing law, but actually had created new law by judicial fiat.

Alito, writing more than 100 pages in dissent for himself and Thomas, accused the court’s majority of writing legislation, not law.

“The question in these cases is not whether discrimination because of sexual orientation or gender identity should be outlawed,” Alito said. “The question is whether Congress did that in 1964. It indisputably did not.”

Writing separately, Kavanaugh said simply: “We are judges, not members of Congress. Instead of a hard-earned victory won through the democratic process, today’s victory is brought about by judicial dictate – judges latching on to a novel form of living literalism to rewrite ordinary meaning and remake American law,” he wrote. “Under the Constitution and laws of the United States, this court is the wrong body to change American law in that way.”

Federal appeals courts have been split on the question since 2017, when the U.S. Court of Appeals for the 7th Circuit became the first to rule that gay men and lesbians should be covered by the decades-old federal civil rights law.

The U.S. Court of Appeals for the 2nd Circuit ruled for Zarda in 2018, but the 11th Circuit, based in Atlanta, ruled against Bostock. The 6th Circuit, based in Cincinnati, ruled for Stephens.

Congress has debated the issue for decades but “repeatedly declined to pass bills adding sexual orientation to the list of protected traits” under the law, the Justice Department told the justices. The Democratic-controlled House passed the Equality Act last year, but the Republican-controlled Senate has not considered it.

Thank you, SCOTUS!

~ Grif

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