Category Archives: sanctuary cities/states

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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Evidence points to CNN and Shaun King guilty of fabricating George Floyd video.

 

More  and more information related to this event becomes available daily.  In an effort to not be fake news. I will be updating this post often..  For example, The original version of this post was based on a video that lead  me to believe the event happened on one street.  Later on after posting, a new, more complete video became available.  Irregardless,  my opinion on this event will not change.  I believe this event was staged. The embedded recording times in the  videos iis the proof. That is the focus of this post/research.  If  the information was not related to the video time, chances are I didn’t  include it. Sometimes too much information can be confusing and unnecessary once you have proven your point.  I believe this is one of those situations.  Any information I include that does not support my point, I do so in the spirit of information  sharing.

 

Update- Body cam footage  worn by officer driving “Park Police” vehicle has different  embedded time  and  date in video.  That’s  3 different recording times  for 3 different  video’s  of the same event.

Given the obvious importance of accurate time and date in body cam videos. Real police officers would be sure time was correct.  

 

 

 

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Gavin Newsom sets in motion his plan to steal Disaster Relief Funds from Pandemic victims. Primarily victims that voted for Trump

The arragent lawlessness of the democrat party no longer surprises me. We see this behavior more and more because they are allowed to get away with it, unchallenged.

In states like California, where democrats have complete control of all aspects of the government,  the corruption runs rampant.

The democrats misappropriation of state funds and desire to put their personal interests before the citizens have caused a financial hardship on the state.

To counter this hardship the democrats appear to have redefined the position of state Governor. State “Grifter” is more appropriate  title than state Governor.

Governor Newsom appears to spend most of his time trying to figure out new ways to scam the Federal government out of money.

Currently, Newsom is trying to use the covid-19 pandemic to scam the Federal government. For Newsom it’s all about that getting that disaster relief money.

By now we all should be familiar with Elon Musk battle with Alameda County. (A battle he won). Prior to winning the battle Musk went to Newsome to discuss this problem. Newsom made it clear that it was the county officials call. They are to decide when it’s ok to lift any restrictions. Basically he said he can’t do anything about it.

Newsom made the decision to leave it up to the counties. Alameda also agrees with this decision. A commenrt made by Alameda’s health official was ” The governor’s order does not override the county’s stay-at-home order, which is in place through May 31.

It should bew perfectly clear that Newsom passed on the responsibility of “reopening” the counties. With that being the case, we must ask ourselves “Why is Newsome harassing and making threats to Sutter, Modoc and Yuba counties?

‘Gov. Gavin Newsom is warning three counties that they could lose disaster funding if t”ey continue to defy his stay-at-home order.

Officials in Yuba, Sutter and Modoc counties all allowed businesses to reopen because they have fewer coronavirus cases than other parts of the state”.

It’s more than likely he is doing it because of the people that live there.

Sutter County. ” Strongly Republican in presidential and congressional elections. The last democrat to win a majority in the county was Franklin Roosevelt in 1940.”

Modoc County. Strongly Republican in Presidential and cogressional elections. It is the most Republican county in California. The last Democrat to win a majority in the county was Lyndon Johnson in 1964.

Yuba County. Republican in the last five Presidential elections.
In the last Presidential election, Yuba county remained strongly Republican, 57.3% to 34.4%. * This makes me wonder how a democrat won the congressional seat.

*Stanislaus County should be next on Newsom’s hit list, Stanislaus has decided to ignore Newsom’s orders. The county is a “battleground” politically. If,or should I say when actual combat with firearms “kicked off” this would be a hot spot, if not the front line. There would be hundreds, if not thousands of casualties the first few days. The citizens are heavly armed. This is my county.

Alameda is a democrat county. Newsom lets the county do it’s own thing while attacking 3 Republican counties. This is obvious political descrimination.

*If you are one of the few democrats that live in these counties, consider yourself abandoned by your party leader. Newsom considers you a acceptable loss, killed by friendly fire.

Like everything else Newsom does, this is abuse of his power if not criminal. The quickest, more realistic solution to end this is by taking all disaster relief funding provided by the Federal government and relieve the state of the responsibility to issue it out. Give it directly to the counties.

Some might be asking, “Do you have any more proof about him stealing the disaster funds?”

Personally, I think how he handled these counties is enough proof to start a investigation. A person might say, “it’s the same as Trump witholding funds from California.” It’s not. These counties are not breaking any laws.. They’re not trying to cover their debt that had accumilated prior to the pandemic. That’s exactly what Newsome is doing. Trying to cover the debt of the state that accumilated prior to the pandemic. A debt the democrats created. Make no mistake, Newsom wants that money.

What we should keep in mind.

It seemsa like yesterday when Newsome was going to rehab for his cocaine addiction. That was around the same time when he was cheating on his wife and having an affair with his campaign managers wife, doing lines is the nearest bathroom.

Just imagine. The manager is out telling everyone how great Newsom is while at the same time, his wife is in the back seat of the family car having a good time with Newsom.

Newsom, a guy that screws over his wife and his most trusting friend. He is a person that knows zero about loyalty and lkacks integrity and morality. This is a person that has proven to be untrustworthy. Yet, he wins the election.

  • I don’t believe he got the legal amount of votes required to win. When the polls closed on election day, Newsome was behind. Just like most of the democrats in the election. He along with the other democrats won after the mail in votes were counted. Ballots that come in after the polls that arrive by mail don’t get inspected the same way they do when the polls are open. Democrats changed that rule. All fake ballots make it through, unchallanged.. It doesn’t help matters when many of the election officials are corrupt.

Newsom and his crew of pirates need to be audited. The first place I would start would be the California Department of Forestry and Fire Protection (CDF) and their branch, Cal Fire.

I would investigate every piece of equipment owned by Cal Fire. If you have been paying attention in the past you will have noticed that many of the aircraft used to fight fires in California are owned by private contractors or other sources. Cal Fire has not been using their own equipment.

A good question would be, “If they are paying private contractors or other sources to fight fires then why have they spent so much money buying their own equipment?”

Here is some of the aircraft owned by Cal Fire. This information comes from Wikipedia

“In support of its ground forces, the California Department of Forestry and Fire Protection (CAL FIRE) emergency response air program includes 23 Grumman S-2T 1,200 gallon airtankers, eleven UH-1H Super Huey helicopters, and 14 OV-10A airtactical aircraft. These aircraft are stationed at 13 air attack and 10 helitack bases located statewide.”

Then there is the expense to maintain the equipment.

The average annual budget of the CAL FIRE Aviation Management Program is nearly $20 million.”

I shoul also ad the following.  This comes from a prior post of mine titled,

Kincade fire revisited. 

“In addition I found the following. They have 61 dozers, 50 fixed wing and rotary wing aircraft which include , 2 Air King A200 and 1 or more of the following, Dornier Do-228, C-23A Sherpa (SD3-30), Air Tractor AT-802A “FireBoss”mman S-2T, Lockheed P-2 Neptune, CL-215/ Bombardier 415 “Superscooper”, Douglas DC-7,McDonnell Douglas MD-87, British Aerospace Bae 146/ Avro RJ85, L188 Electra, Lockheed C-130 Hercules, Boeing 747, DC-10, AH-1 Firewatch “Cobra” ,Sikorsky S-61, Sikorsky S-64, Sikorsky S -70 “Firehawk”,Eurocopter AS-332L, Boeing-Vertol BV 107, Boeing 234 “Chinook”, Kaman “K-Max”, Bell 212, Bell 205 A++, Bell 412, Bell 407, Bell 206B “JetRanger”, Bell 206L-III “LongRanger”, Eurocopter AS350 AStar, MD 500D, Aérospatiale SA 315B “Lama”, Alouette 316B, Lockheed C-130, UH -60 “Blackhawk”, Boeing CH-46 “Sea Knight”, CH -47 “Chinook”, Sikorsky CH-53E “Super Stallion” (Sikorsky S-80E). For details click here.”

Cal Fires budget is up to 2.6 billion a year.

Why have the equipment if we are not using it? We need  inventory every piece of equipment.  We will be lucky if it’s  all there.

Before the Federal government gives any more money to the state of California, as well as any other state, they should require some sort of proof that shows prior spending matched request or purpose for the funding..  It’s  not too much to ask for.  If you or I are going to give someone money, we are going to want to know what it’s  spent on.  We are going to expect it to be spent on what we were told it was for.

Newsome is just like every other Democrat in a leadership position, corrupt.  It wouldn’t  surprise me if the democrats weren’t busy rigging the 2020 election, while all the focus is on the pandemic.

The whole concept of waiting for a covid-19 vaccine is stupidity at its best.  We have been looking for a vaccine  for HIV since the early 80’s.  In 2019 the US spent a minimum of 34 billion  on HIV. 

Still  no vaccine.

Democrats know this.  Newsome and the rest of the democrat leadership are nothing more than a band of grifters.  They are an embarrassment to every American, among many other things.

Law Enforcement and the Justice Department need step up and start making arrests  Treat the politicians the same way they treat everyone else.   It will only take a few before they start telling on each other.  Then they all fall.  It’s  that easy.

Respectfully,

Deplorable Patriot.

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Meet the democratic socialist (and poet!) running against Nancy Pelosi

Meet the quality of candidates that California has to offer their constituents:

Nancy Pelosi has been in office since 1987. Her current term expires January 3, 2021. And their ain’t NO WAY she’s giving up her power.

Given the background and qualifications of this democratic socialist running against Nancy, Shahid Buttar, she’s more than likely to win another re-election (unless by some miracle a republican gets elected).

Let’s learn a bit more about Shahid, shall we? From his web site:

“Since graduating from Stanford Law School in 2003, Shahid has worked in both San Francisco and Washington as a legal advocate, a non-profit leader, a grassroots organizer, and a poet & musician. His wide-ranging work reflects a commitment to intersectional feminism, democratic socialism, and international human rights. His passions have long aligned around a common purpose: building the movement to place human rights and human needs like peace and climate justice before corporate profits.

In addition to LGBTQ rights, privacy, and the right to encryption, Shahid’s work has also advanced immigrant rights, campaign finance reform, government transparency, international human rights, and police accountability. His writing has explored issues from the right-wing attack on reproductive freedom to the erosion of voting rights, and from effective counter-terrorism strategies to examples of counter-cultural activism promoting progressive politics at the intersection of art and organizing.

An immigrant of Pakistani descent from the United Kingdom and the youngest of four children, Shahid grew up in the midwest and first came to the Bay Area in 2000 to study law at Stanford.

While a student at Stanford Law School, he served as Executive Editor of the Stanford Environmental Law Journal and professor Lawrence Lessig’s teaching assistant for Constitutional Law. He also spear-headed a campaign to promote sustainable building practices by the university, a day of action to shut down a Lockheed Martin facility, and a student strike against the war in Iraq.

After growing immersed in the movement to end the war, Shahid moved to Washington to work for Heller Ehrman LLP, a San Francisco-based law firm that later collapsed during the 2008 financial crisis. His work there included litigation championing the right to marry the partner of one’s choice—nearly 10 years before the Democratic establishment finally embraced marriage equality—and an appeal defending bipartisan campaign finance reform from being undermined by the Federal Election Commission.”

Outside of his work as an advocate and organizer, Shahid performs as a DJ, MC, and poet. He also organizes artists, and has co-founded several collectives of politicized performance artists on both coasts.”

Some of his endorsements include left-wing actress Susan Sarandon, the anti-Semite Linda Sarsour, race-baiter Dr. Cornel West and faux black man Shaun King.

Stellar list of endorsements ‘ya got there, Shahid.

Read about all of Shahid’s unique qualifications here.

DCG

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Seattle government hard at work during the Wuhan virus

Seattle Mayor Jenny Durkan

You really believe that these bureaucrats are going to protect you? They can’t even solve a decade-long problem of homelessness nor properly set up a web site.

From Seattle Mayor Jenny Durkan’s Twitter timeline of accomplishments in her city:

“Since mid-April, the Navigation Team has referred 29 unsheltered individuals from the Ballard Commons area to recently opened tiny home villages and enhanced shelter beds at Lake Union Village, T.C. Spirit Village, and Lakefront Community House.”

As of 2018 there were over 12,000 homeless people in Seattle. The city has a population of just over 600,000. The city managed to refer 29 “unsheltered” people to tine home villages. You do the math.

The good mayor also sent out this tweet to apparently help somehow help small businesses impacted by the mandated shutdown:

“Nearly 5,000 businesses responded to round one of the COVID-19 Business Impact Survey. Round two is now open! Respond by May 21: https://bit.ly/3deWLii #SupportSeattleSmallBiz @SeattleChamber”

One problem when you click on the Seattle OED link: 404 – File or directory not found. The resource you are looking for might have been removed, had its name changed, or is temporarily unavailable.”

But it’s all good because of course, a hashtag: #WeGotThisSeattle!

No parks for you!

But room for you!/Q13 Fox photo

Homeless allowed to “social distance” during Wuhan virus in Seattle/photo by Rob Harwood

DCG

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Seattle Mayor Durkan says economic recovery will be made with an eye towards “equity” and “social justice”

On Tuesday Seattle Mayor Jenny Durkan tweeted the following:

“As a City, we are rethinking how City government can respond to the urgent needs of our community & create a foundation for recovery, and our decisions about our emergency response and economic recovery will be made thoughtfully, with an eye towards equity and social justice.”

Because those who are unemployed or were forced to close their small business are really concerned with social justice rather than paying their mortgage or feeding their families.

The mayor’s office prepared a new economic forecast in response to the Wuhan virus in which they predict the impacts to the City budget will range from $210 million to $300 million. If their forecasting capabilities are anything like IHME, the city will be WAY OFF target.

Want to know what the city is doing to help prepare for their impending, massive decrease in revenues? They’ve implemented a hiring freeze, a freeze on contracts and expenses not related to COVID-19 or essential services and “curtailing” discretionary spending not related to COVID-19 response or mitigation.

Heaven forbid the city look into furloughing non-essential workers in order to curtail spending. After all, #WereAllInThisTogether, right?

The city of Seattle (population roughly almost 750,000) has nearly 10,000 employees. How does their bureaucrat expenditures compare with those of other large cities? Let’s take a look, shall we?

According to Ballotpedia (data from 2015), the average spent per citizen in the largest 100 cities was $2,605. The median city budget in the largest 100 cities was $800 million.

The city of Seattle spent an average of $6,744 per citizen and their budget was $4,400 million. See the statistics from Ballotpedia here.

The city of Seattle’s 2019-2020 total budget was $5.9 billion.

Jobless claims in King County have been 40,000 or more per week since the stay at home order issued by Gov. Jay Inslee. The number of City of Seattle employees who were furloughed? ZERO.

In 2017, full-time Seattle city workers earned a median of $99,184 in salary and overtime, a 12 percent increase over five years, remaining above the median household income for city residents of about $80,000.

How “equitable.”

Seattle Mayor Jenny Durkan

DCG

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Washington State extends May 4 “Stay at Home, Stay Healthy” order

On Tuesday night, failed demorat presidential candidate Gov. Jay Inslee announced that restrictions will not be lifted as promised on May 4 for Washingtonians.

Apparently the original goal post of “flatten the curve” has now been moved to “a steady decrease of the spread of COVID-19.”

From his announcement:

“The return to public life will occur in measured steps. It will be guided by science and informed by our public health needs, our ability to mitigate impacts, and the response of Washington communities.”

The governor now states that “we need significant statewide testing before opening back.”

The goal post has been moved, again.

Read the governor’s whole three-step plan to “a safe return to public life” here.

His blanket approach is not measured with the actual Wuhan virus cases throughout the state.

Seattle had set up a 250-bed “emergency hospital” to treat Wuhan virus victims in the Seattle Seahawks stadium in anticipation of imminent cases. Turns out they tore down the emergency hospital two weeks ago after it was determined it wasn’t needed. So now the goal post is being moved.

My father lives in a county in northeast Washington that has a population of around 44,000. It’s a very rural area and they have 19 confirmed cases of Wuhan virus. Yet they are shutdown.

In Kitsap County (Port Orchard and Bremerton area) they have a population of just over 251,000. They have 141 confirmed cases of Wuhan virus. Yet they are shutdown.

Why can’t the governor allow local municipalities with rural populations and those that have effectively mitigated impacts the capacity to determine what is best for their citizens? Does the science and numbers not matter? Why must they continue to stay at home and create more economic hardships for their citizens?

I think many of us have our own theories as to why the demorat Gov. Inslee isn’t allowing the whole state to open up. And it’s got everything to do with this being a presidential election year.

DCG

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San Francisco public defender lashes out at ICE for arresting illegal alien with felony convictions

Mano Raju working hard to defend criminal illegal aliens

California doing their best to protect illegal alien criminals.

From MyFoxChicago: The San Francisco Public Defender on Thursday lashed out at ICE, criticizing federal agents for arresting a San Francisco man as he was on the courthouse steps on his way to a criminal hearing.

Mano Raju said the Election Day arrest was conducted without a judicial warrant and “therefore in violation of state law.”

In an email, Raju’s spokeswoman said the man was taken into custody on a civil immigration violation and is currently being held in ICE detention in California. He will get an administrative hearing and will not get immediately deported.

Raju’s office would not comment on why the man was in court on Tuesday.

Jonathan Moor, an ICE spokesman, identified the man as Alberto Uc Ponce, 43. He sent KTVU a statement saying that the man had three felony convictions for second-degree burglary from 2016, 2017 and 2018. ICE lodged a a detainer on the man in 2018, which was “not honored.”

Moor said the man was arrested by local law enforcement a total of seven times in the past five years, and at least eight detainers have been requested following those arrests.

On Friday, Moor provided an exact accounting of Ponce’s history:

June 22, 2015: convicted of shoplifting in Redwood City
Aug. 3, 2015: convicted of receiving stolen property in San Francisco
Feb. 2, 2016: convicted of second degree burglary
May 11, 2016: convicted of felony second degree burglary in San Francisco
Mar. 7, 2017: convicted of felony second degree burglary in San Francisco
Feb. 25, 2019: convicted of felony second degree burglary in San Francisco
Nov. 29, 2019: the San Francisco Police Department arrested him with second degree burglary, possession of burglary tools and possession of controlled substance. Those charges are pending.

Read the rest of the story here.

DCG

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Seattle Socialist Sawant calls for free doctor’s visits for King County coronavirus patients

Socialist Kshama Sawant

There’s been six deaths in Washington State due to coronavirus. Most of those affected were elderly and had underlying health conditions. Read about the cases here.

Keep in mind that Washington State has a population of over 7.2 million people.

Seattle City Socialist Councilmember Kshama Sawant wants those in King County who are exhibiting coronavirus symptons to have free doctor visits. From MyNorthwest.com:

“Seattle City Councilmember Kshama Sawant issued a letter to Mayor Jenny Durkan and King County Executive Dow Constantine Monday, pushing for free medical care for any patients with coronavirus symptoms.

Sawant proposes the use of emergency funds “to guarantee that anyone in our region with a respiratory illness has access to a doctor’s visit without fear of medical bills.”

That would include “cost-free doctor visits” for any patient exhibiting signs of the illness.

“In the context of a global pandemic, the anarchy of this for-profit system could be lethal to many in our society,” the letter reads. “People who are priced out of doctors visits will be in danger themselves, and will spread coronavirus to their friends, family, and coworkers.”

Read the whole story here.

First of all, it’s not FREE. Taxpayers will pay for these visits.

Secondly, how do you know that only those with “coronavirus symptons” will be seen by a doctor? I guarantee you that not everyone knows the symptons. Everyone and their brother who wants a free doctor visit will show up, no matter their symptons.

Lastly, does this womyn not know that there are ALREADY free or low-cost doctor services in King County?

Freeclinics.com has a list of 20 clinics in King County. King County even has a web page listing all 15 of their public health centers!

But that doesn’t matter. The hysteria is more important than the facts.

DCG

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Strict gun-controlled Chiraq: “Eruption” of gun violence in February

How’s Mayor Lightfoot’s “grand plan” to address gun violence going? Just as one with common sense would expect…

From MyFoxChicago: Overall crime in Chicago decreased in February 2020 compared to the same month last year despite an eruption of gun violence, according to statistics released by Chicago police.

Murders and shootings reported last month in Chicago were up from February 2019, police said in a statement Sunday. The 34 homicides reported in February were a 41% increase from the 24 reported the same month last year, while the 137 shooting incidents were a 25% increase compared to 109 in 2019.

So far in 2020, 68 murders were recorded in Chicago, police said. The number of shooting incidents came in at 274, with a total of 325 victims. The Sun-Times has also counted 68 homicides this year within city limits.

Last month’s gun violence included two mass shootings. The first was on Valentine’s Day when someone shot six people at an apartment in Parkway Gardens. On Feb. 25, one person was killed and four others were wounded when three males opened fire into an Avalon Park convenience store.

February also saw a weekend in which 11 kids were wounded by gunfire — at least three of them in accidental shootings. The weekend before that was the deadliest February weekend in almost 20 years with nine people killed in citywide shootings.

Meanwhile, more than 1,500 illegal guns were seized by officers so far in 2020, an increase of about 100 from the same period last year, police said. Of those seizures, 81 were assault weapons.

Overall violent crime — including murders, robberies, burglaries, thefts and motor vehicle thefts —were down by 3%, police said. Thefts saw a 13% decrease and burglaries dropped by 9% compared to the same period last year.

Lightfoot and interim Police Supt. Charlie Beck announced plans to add more police officers to the transit system after a multiple instances of violence were reported at CTA stations — including a fatal shooting Feb. 17 in the connecting tunnel at the Jackson station downtown.

Hours after that plan was unveiled, a man was shot by a Chicago police officer in an incident caught on video at the Grand Red Line station. The FBI is assisting the Cook County state’s attorney’s office’s investigation into the shooting with “possible criminal charges” looming.

Earlier in the month, a man who shot someone outside a Lake View bar was fatally shot by responding officers in an exchange of gunfire.

DCG

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