Category Archives: war on Christianity

D.C Mayor seeks to remove the names of white men from government buildings in Washington

A Washington, DC committee formed by Mayor Muriel Bowser has recommended changing the names of schools and government buildings and has even called for the federal government to “remove, relocate or contextualize” a group of federal memorials and monuments, including the Washington Monument, the Jefferson Memorial, and the Benjamin Franklin Statue. Bowser’s committee, the District of Columbia Facilities and Commemorative Expressions (DC FACES), submitted the final executive report Monday (August 31, 2020).

The report covered surveys of DC’s named, government-owned buildings (libraries, schools, rec centers, etc), parks, statues in DC Government-owned parks, miscellaneous other named public spaces, and even city streets. The committee cataloged the race of people whose names appeared and discovered that fully seventy percent of government properties were named after white people. It is these people whose names are slated for erasure. Just a sample of the names is enough to demonstrate the level of racism and hatred being directed at once prominent white people.

Schools:

1.Alexander Graham Bell – Bell Multicultural High School
2. Robert Brent – Brent Elementary School
3. Jehiel Brooks – Brookland Middle School
4. James Monroe – Bruce-Monroe Elementary School @ Park View
5. James Birney – Excel Academy/Lee Montessori PCS – East End (at Birney School)
6. Charles William Eliot – Eliot-Hine Middle School
7. Anthony T. Hyde, Henry Addison – Hyde-Addison Elementary School
8. Thomas Jefferson – Jefferson Middle School
9. Francis Scott Key – Key Elementary School
10. Zachary Taylor – Ludlow-Taylor Elementary School
11. John Walker Maury – Maury Elementary School
12. William Winston Seaton – Seaton Elementary School
13. Benjamin Stoddert – Stoddert Elementary School
14. Strong John Thomson – Thomson Elementary School
15. John Tyler – Tyler Elementary School
16. John Peter Van Ness – Van Ness Elementary School
17. Joseph Rodman West – West Education Campus
18. Woodrow Wilson – Woodrow Wilson High School
19. C. Melvin Sharpe – Bridges PCS Sharpe Campus
20.William Benning – DC Prep PCS, Benning Elementary
21. Matthew Gault Emery – Emery School (CHOICE Academy)

Parks and recreation

1. James D. Barry – Barry Farm Playground
2. William Benning, Benjamin Stoddert – Benning Stoddert Playground, Garden
3. Robert Brent – Brentwood Playground, Brentwood Hamilton Field
4. James Monroe – Bruce-Monroe Community Garden
5. Matthew Gault Emery – Emery Heights Playground, Garden
6. Henry Foxall – Foxhall Playground
7. Thomas Jefferson – Jefferson Field
8. Guy Mason – Guy Mason Playground
9. William Henry Harrison – Harrison Playground
10. James Greenleaf – King-Greenleaf Playground
11. Benjamin Stoddert – Stoddert Playground
12. Abel P. Upshur – Upshur Playground

Bowser took to Twitter to announce her pleasure with her committee’s recommendations,saying, “”I look forward to reviewing and advancing their recommendations,”

The return tweets from her detractors in response were quick to respond .Interior Secretary David Bernhardt tweeted that no changes were going to happen as long as he was in office. “Not on my watch. Never going to happen,” he tweeted.

The White House also responded to the committee’s report.

“By publishing a plan that recommends potentially removing the Washington Monument, Christopher Columbus Statue, Andrew Jackson Statue, and Jefferson Memorial—among many other ludicrous recommendations—the radically liberal mayor of Washington, D.C., is repeating the same left-wing narrative used to incite dangerous riots: demolishing our history and destroying our great heritage,” White House Press Secretary Kayleigh McEnany said in a statement.

“Our Nation’s capital is rightly filled with countless markers, memorials, and statues to honor and respect the men and women who built this country. President Donald J. Trump believes these places should be preserved, not torn down; respected, not hated; and passed on for generations to come. As long as President Trump is in the White House, the mayor’s irresponsible recommendations will go absolutely nowhere, and as the mayor of our Nation’s capital city—a city that belongs to the American people—she ought to be ashamed for even suggesting them for consideration,” McEnany concluded.

The full report can be read here:

https://mayor.dc.gov/sites/default/files/dc/sites/mayormb/page_content/attachments/DC%20FACES%20Executive%20Summary_r10sm.pdf

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The real story: It’s not just a few big Democrat cities that are burning

Demorats have generally ignored rioting in the streets and have suggested that President Trump is the cause of any social disruption. Mainstream media have suggested that the rioting is confined to half a dozen big cities. Republicans have blamed Demorat mayors and governors for not bringing the riots under control.

But fact is, none of us are getting the true picture of what is happening to this country. Protests and riots have occurred in all 50 states. The Army National Guard has been deployed to at least 23 states and the District of Columbia to combat rioters and looters. More than 350 cities and towns have been wracked with unrest—all this while left-wing socialist/communist government officials sit in complacent approval of the mayhem.

Our country is coming apart at the seams. Nero fiddles while Rome burns.

What follows is research published on June 2, 2020 by Mohammed Haddad, writing for Aljazeera. These data are more than two months old.

I have to wonder, how much worse is it now?

https://www.aljazeera.com/indepth/interactive/2020/06/mapping-cities-george-floyd-protests-erupted-200601081654119.html

~ Grif

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Remember #LoveTrumpsHate? Yeah, that’s soooo over

These demorats are completely UNHINGED. Videos NSFW.

Remember in November!

DCG

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Venezuelan Warns US: Socialism Starts by Destroying Monuments and Censoring Everything

The left’s socialist/communist’s playbook never changes. The reason is simple. It generally achieves its goal of turning free and democratic countries into totalitarian cesspools where a dictatorial government subjugates its citizens and destroys a vibrant capitalist economy all in the name of “equality.” Venezuela is one such socialist utopia.

Venezuela was once the richest and most promising country in Latin America. It has the largest oil reserves in the world, and for a long time it had a growing democracy. But today, its economic and democratic institutions have failed. While inflation skyrockets, food and medicine have become so expensive that for the country’s poor, who now make up a staggering 82 percent of the population, cannot afford to buy them. Many are reduced to eating out of garbage dumps. Theft and murder are endemic, and the ruling Maduro government keeps an iron grip on the people.

Now, Elizabeth Rogliani, an activist who was among the more than two million Venezuelans who have fled their country since dits economy collapsed, has a warning for us.

Andrés Guilarte, who remains in Venezuela, describes his perspective on what socialism will do to the United States if Americans ignore the current turmoil that is dividing the country.

~ Grif

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General Michael Flynn’s Letter to America

From The Western Journal, August 5, 2020:

We are witnessing a vicious assault by enemies of all that is good, and our president is having to act in ways unprecedented in decades, maybe centuries.

The biblical nature of good versus evil cannot be discounted as we examine what is happening on the streets of America.

It’s Marxism in the form of antifa and the Black Lives Matter movement versus our very capable and very underappreciated law enforcement professionals, the vast majority of whom are fighting to provide us safe and secure homes, streets and communities.

When the destiny of the United States is at stake, and it is, the very future of the entire world is threatened.

As Christians, shouldn’t we act? We recognize that divine Providence is the ultimate judge of our destiny. Achieving our destiny as a freedom-loving nation, Providence compels us to do our part in our communities.

It encourages us in this battle against the forces of evil to face our fears head-on. No enemy on earth is stronger than the united forces of God-fearing, freedom-loving people.

We can no longer pretend that these dark forces are going to go away by mere prayer alone. Prayers matter, but action is required.

This action is needed at the local, state and federal levels. Action is also required in the economic, media, clerical and ecclesiastical realms.

Decide how you can act within your abilities. Stand up and state your beliefs. Be proud of who you are and what you stand for. And face, head-on, those community “leaders” who are willing to allow dark forces to go beyond peaceful protests and destroy and violate your safety and security.

Churches and houses of worship must return to normal. We invite everyone of goodwill to not shirk their responsibilities and instead act in a fraternal fashion. If for no other reason or with no other ability, act in a spirit of charity.

We cannot disrespect or disregard natural law along with our own religious liberties and freedoms.

I am witnessing elderly people lose their connection to all that is good in their lives: connections to their faith, their families and their individual freedoms, especially the simple act of attending church, something they’ve been doing for decades.

Let us not be intimidated or fear those who cry out that we are in the minority; we are not.

Good is always more powerful and will prevail over evil.

However, evil will succeed for a time when good people are divided from each other and their personal lives — children away from their teachers, preachers from their congregations, customers from their local businesses.

America will never give in to evil. Americans work together to solve problems.

We do not and should not ever allow anarchy and the evil forces behind it to operate on any street in our nation.

No one should have to fear for their very life because some dark, disturbed force is challenged by the very essence of what America stands for.

We are “one nation under God” and it is our individual liberties that make us strong, not liberties given to our government. Our government has no liberty unless and until “we the people” say so.

God bless America and let’s stand by everything that was and is good in our lives, in our communities and in our country.

Otherwise, America as the true North Star for humanity will cease to exist as we know it.

See also:

~Eowyn

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Psalm 64 could be a timely intercession for DJT

Psalm 64
1 Hear me, my God, as I voice my complaint;
protect my life from the threat of the enemy.

2 Hide me from the conspiracy of the wicked,
from the plots of evildoers.

3 They sharpen their tongues like swords
and aim cruel words like deadly arrows.

4 They shoot from ambush at the innocent;
they shoot suddenly, without fear.

5 They encourage each other in evil plans,
they talk about hiding their snares;
they say, “Who will see it?”

6 They plot injustice and say,
“We have devised a perfect plan!”
Surely the human mind and heart are cunning.

7 But God will shoot them with his arrows;
they will suddenly be struck down.

8 He will turn their own tongues against them
and bring them to ruin;
all who see them will shake their heads in scorn.

9 All people will fear;
they will proclaim the works of God
and ponder what he has done.

10 The righteous will rejoice in the Lord
and take refuge in him;
all the upright in heart will glory in him!


Selah” is a term we see in the psalms. Its meaning is not entirely clear, but one way to understand it is to pause and think about the last verse. Stop and think about it.

When we stop and think about this psalm, we see nature of wicked liars who constantly attack the righteous with false accusations, and plot harm, thinking God doesn’t pay attention.

Then in the last part of the psalm we see assurances that God does see their plots and schemes, and He frustrates them. And He enables His people to take refuge in Him.

Pause and think about that.

For three and a half years now we have seen a relentless series of attacks on President Trump, and on every righteous institution in America. If we don’t commit to trusting God in the midst of this storm of lies, we could easily grow weary or even give up the fight. Instead, let us pause and ponder the promises of God’s protection, and take heart for the long run.

~ TD

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Another Institution Caves

Hallmark betrays its own loyalists

Hallmark Channel plans to promote LGBT themes

I’ll admit it, I am sad.

My wife and I have watched many syrupy love stories on Hallmark the last couple of years. We are refugees fleeing from the soul-destroying content on the networks and cable.  It has worked for us based on Philippians 4:8-9

“Finally, brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable—if anything is excellent or praiseworthy—think about such things. Whatever you have learned or received or heard from me, or seen in me—put it into practice. And the God of peace will be with you.”

So now we will find other places to help us keep peaceful hearts. And of course there are many choices. We will adjust and move on.

Hallmark, you will not long be missed.

~ TD

 

xxx

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They Die For You

I pray that those who would destroy our country and our way of life would just acknowledge this simple truth. But I doubt that they will.

The truth will set you free.

~ Grif

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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). 

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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.

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