Category Archives: social justice warriors/SJW

Useful idiot: Pro-#BLM journalist killed in Louisville protest

Useful idiots (definition): People who, unwittingly, are propagandists for a cause the goals of which they are not fully aware, and who are used cynically by the leaders of the cause.

Louisville Courier Journal reports that photo-journalist Tyler Gerth, 27, was a strong supporter of the #BlackLivesMatter movement and protests against racism and police brutality.

Night after night, Gerth snapped photos of the #BLM protests in Louisville, Kentucky, and shared the mostly black-and-white pics to Instagram, showing “the heartbreak, occasional triumph and tirelessness that have defined the month-long demonstrations: the marching, the singing, the hugging.” Blah, blah, blah.

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

On the night of June 27, 2020, Gerth was fatally shot at a #BLM protest in Louisville’s Jefferson Square Park, the unintended victim of a man who got in a dispute at the protest, came back with a gun, and fired indiscriminately, shooting bystander Gerth.

Gerth would have turned 28 on July 3. He had graduated from Trinity High School in 2011 and the University of Kentucky in 2016 with a degree in agricultural economics, according to his family. After working and living in Arkansas, he came back to Louisville, worked for Papa Johns in quality assurance and became serious about photography.

Gerth was a stellar mentor as part of the Big Brothers Big Sisters of Kentuckiana as well, according to agency CEO Jeri Swinton. “He not only believed in racial justice, like his father who is also a Big Brother, he put his passion into action by mentoring,” Swinton wrote in an email.

Tyler’s godfather is Joe Gerth, a Courier Journal columnist.

Tyler’s family said in a statement that they are “devastated that his life was taken was from us far too soon. Tyler was incredibly kind, tender-hearted and generous, holding deep convictions and faith. It was this sense of justice that drove Tyler to be part of the peaceful demonstrations advocating for the destruction of the systemic racism within our society’s systems. This, combined with his passion of photography led to a strong need within him to be there, documenting the movement, capturing and communicating the messages of peace and justice. While we cannot fathom this life without our happy, inquisitive, hardworking, funny, precious Tyler, we pray that his death would be a turning point and catalyst for peace in the city he loved so much. We ask for your prayers and that the Lord would draw close in our sorrow, but we also ask that his death is not just another statistic of senseless violence.”

NBC’s Howard Fineman tweeted that Gerth was “a hero” for being at the park “to stand against racism and to photograph history.”

Meanwhile, Gerth’s killer, Steven Nelson Lopez, 23, is facing charges of murder and first-degree wanton endangerment, Louisville Metro Police officials said Sunday after releasing his arrest citation.

Court records Lopez was one of 17 protesters arrested on June 17, and a Courier Journal photographer captured his arrest that day in a photo. He was charged that morning with inciting a riot, disorderly conduct, harassment and possession of drug paraphernalia. His citation noted he was in possession of a handgun “with two full mags of ammo” at the time of the arrest.

Ten days later, on June 27, Lopez returned to the “protest,” where he would shoot useful idiot Tyler Gerth to death.

See also:

~Eowyn

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

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

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

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

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

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

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

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

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

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

. Biracial. They/them. DMs open.

~Eowyn

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Harvard grad fired for threatening to stab anyone who says ‘All Lives Matter’

Actions have consequences.

Claira Janover, 22, graduated last month from Harvard University with a Bachelor’s degress in government and psychology. Her LinkedIn profile (note: a day after I published this post, Janover took down her LinkedIn profile) identifies her as a Democrat: she volunteered for Connecticut Democrats for 8 years, and for various local and state Democrats running for office.

Recently, Janover posted to TikTok a video of herself ranting about anyone with “the nerve, the sheer entitled caucasity to say ‘all lives matter.’”

“Caucasity”? Is that a conflation of “Caucasian” and “audacity”?

She then threatened to stab anyone who says “All lives matter”:

“I’ma stab you. I’ma stab you, and while you’re struggling and bleeding out, I’ma show you my paper cut and say, ‘My cut matters too.’”

Well, Janover’s “I’ma stab you” video went viral.

On Tuesday, June 30, Janover deleted the video from her TikTok account, which has 128.8 thousand followers and 5.3 million likes, claiming she was just joking and that she had received death and rape threats from nasty “conservatives.” (New York Post)

Since December 29, 2019, Janover had been working for Deloitte, a UK-based accounting firm, as an “incoming government and public business service analyst”.

Alas, Deloitte does not think her “I’ma stab you” video was a joke.

Yesterday, a tearful Janover posted this video to TikTok, wailing that Deloitte had fired her:

“Standing up for Black Lives Matter put me in a place online to be seen by millions of people. The job that I’d worked really hard to get and meant a lot to me has called me and fired me because of everything.”

But Janover does not believe she is in the wrong, but blames her being fired on Trump supporters. She rants:

“Trump supporters took my job away from me. I have gotten death threats, rape threats, violent threats. It was OK, but now my future’s entirely compromised because Trump supporters have decided to come for my life.

I’m too strong for you. I’m too strong for any of you ‘All Lives Matter,’ racist Trump supporters. It sucks. But it doesn’t suck as much as systemic racism. And I’m not going to stop using my platform to advocate for it.”

Janover, the grandiose malignant narcissist, ended her rant with this parting shot at Deloitte:

“I’m sorry, Deloitte, that you can’t see that. That you were cowardice [sic] enough to fight somebody who’s going to make an indelible change in the world and is going to have an impact.”

Janover has had experience with stabbing and killing, having worked for the abortion-mill Planned Parenthood Action in Connecticut, and interned for the past 8 years at Planned Parenthood of Southern New England as a “peer educator”.

This toxic woman also teaches corrupts younger minds:

  • Janover was the president of Harvard’s Model Congress Middle East, a nonprofit that teaches high school students about the American government and international politics.
  • She is also affiliated with Princeton Learning Experience’s Model UN (United Nations), and teaches via Zoom to middle and high school students around the world.

For other instances of “actions have consequences,” see “Instant karma for statue vandal and police-car arsonist“.

~Eowyn

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Instant karma for statue vandal and police-car arsonist

In the midst of all the #BLM and Antifa destruction and mayhem, a vandal intent on defacing a public statue (in London?) and a man who sets a police car on fire learn the hard lesson:

Play stupid games, win stupid prizes.

~Eowyn

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

 

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

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

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

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

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

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

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

Five simple points, out of many.

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

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

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

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

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

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

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

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

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

This document will explain the situation better than I.

 

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

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-01-399

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

Relators,

vs.

City of Minneapolis,

Respondent.

Filed September 11, 2001

Affirmed in part, reversed in part, and remanded

G. Barry Anderson, Judge

City of Minneapolis

Docket No. 9-2110-12612-3

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

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

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

S Y L L A B U S

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

O P I N I O N

G. BARRY ANDERSON, Judge

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

FACTS

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

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

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

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

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

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

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

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

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

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

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

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

ISSUES

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

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

ANALYSIS

I.

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

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

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

A.         Due Process

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

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

B.         Substantial Evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

C.        Arbitrary and capricious

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

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

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

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

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

II.

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

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

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

D E C I S I O N

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

Affirmed in part, reversed in part, and remanded.

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

Source

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

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

Respectfully

Deplorable Patriot.

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Useful Idiots, Inc.

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

Cross-posted with trevorloudon.com

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

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

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

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

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

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

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

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

Buy. Lots. Of. Ammo.

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

The reality of the progressive #defundpolice/BLM agenda:

Some 19 Atlanta officers have resigned after Rayshard Brooks shooting

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

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

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

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

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

Emergency response time more than triples due to Seattle occupy protesters

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

DCG

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HBO cancels Gone With the Wind actress Hattie McDaniel

HBO Max has removed Gone With The Wind after the woke progressives cried raaaaaaaaaaacist.

In a statement, the AT&T-owned WarnerMedia, which owns HBO Max, called “Gone With the Wind” “a product of its time” that depicts racial prejudices.

“These racist depictions were wrong then and are wrong today, and we felt that to keep this title up without an explanation and a denouncement of those depictions would be irresponsible,” said an HBO Max spokesman in a statement.

Apparently some head honcho can proclaim that his feeeeeeeeeeelings are the Golden Rule for what is irresponsible.

“A product of its time” could also be called HISTORY.

You know what else is a part of HISTORY? Hattie McDaniel. From Wikipedia:

“Hattie McDaniel (June 10, 1893 – October 26, 1952) was an American actress, singer-songwriter, and comedian. She is best known for her role as “Mammy” in Gone with the Wind (1939), for which she won the Academy Award for Best Supporting Actress, becoming the first African American to win an Oscar.

In addition to acting in many films, McDaniel recorded 16 blues sides between 1926–1929 (10 were issued), was a radio performer and television star; she was the first black woman to sing on radio in the United States.”

From Hattie’s acceptance speech:

I sincerely hope I shall always be a credit to my race and to the motion picture industry. My heart is too full to tell you just how I feel. And may I say thank you, and God Bless You.”

Many of us will not let Hattie’s wish be denied. Last night, Gone With the Wind shot to number one on Amazon and sold out.

I for one will not cancel this “product of its time” nor Hattie McDaniel. Yes, we were one of the many folk who helped GWTW to sell out. Can’t wait to watch it again!

DCG

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What could possibly go wrong? Protesters want to replace Minneapolis PD with ‘community-led safety’

Progressives never think through the consequences of their “brilliant” ideas.

You know what you need when a burglar or rapist breaks into your home in the middle of the night? A social worker. Yeah, that’ll work out just A-OK.

From MyFoxChicago:

“Thousands gathered for another weekend of protests in Minneapolis. Their chants calling for justice for George Floyd but also the defunding the Minneapolis Police Department.

As they marched down University Avenue in northeast Minneapolis on Saturday, thousands called for an end to the city’s police department. “There’s no real path forward without radical change,” one member of the rally said.

Organizers of the event are calling for a transition from traditional policing to what they describe as “community-led safety.”

“There could be a system of first responders similar to a police force but they should be members of the community, not living in suburbs,” said Jordan, another protester from St. Paul. “I think most the jobs that police do can be done by social workers. Let’s hire more social workers and pay them a really good living wage.”

The event organizers, Black Visions Collective, is calling on Mayor Jacob Frey and the city council to defund the police department. Several city council members have said they support such a plan.

“As we strengthen community networks and relationships there will be us looking out for one another so there will be fewer robberies and break-ins and such,” said Erika Thorne of Minneapolis.

“We’ve tried all these reform initiatives and all these programs,” said University of Minnesota student Sandrind Sugi. “There have been black mayors, there was a black president, and nothing has worked and at some point you have to cut it lose.”

Read the whole story here.

Don’t worry ladies if you are hesitant to arm yourself. Just pray that a neighbor saw the break-in and was looking out for you. Or make sure you have a full bladder.

Note this happened yesterday afternoon: “A veto-proof majority of Minneapolis City Council members will announce today their commitment to disbanding the city’s embattled police department following the killing of George Floyd.”

Good luck, Minneapolis.

DCG

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We had a chance for unity…

After the death of George Floyd people on BOTH the left and right were outraged. It was appalling and everyone called for immediate action by the Minneapolis Police Department. We wanted to see justice.

It was chance for both sides to work together to address police brutality, especially against African Americans.

Then progressives and BLM took over and started making demands. Demanding you acknowledge your white privilege. Demanding you kneel before protestors. Demanding you support their movement without dissent. See the following examples:

Kneel before protestors and ask for forgiveness: “During a protest over the death of George Floyd, dozens of white protesters knelt before a group of African American protesters and asked for forgiveness from past sins of white people, which the leader described as “years and years of racism, of systematic racism.” In response, the black protesters knelt with their white counterparts and joined them in prayer.”

Deny white children their innocence:

Teens encouraged to publicly shame their racist parents on Tik Tok: I literally hate my family so much,” Izabella said, eyes wet from crying. “It’s just. They just tried to argue with me that George Floyd — like, they just tried to tell me that he deserved that ’cause he did something wrong, and that it was okay. That is not okay. And it’s just making me so upset. I don’t know. I do not wanna live here. I hate livin’ in Louisiana. I hate livin’ around these racist f-cks. Like, I just wanna leave.”

Withhold affection from relatives who don’t support BLM: “The New York Times ran an op-ed telling people to withhold affection from their relatives unless they protest or give money to anti-racism organizations.”

Have your white children publicly denounce their privilege: “Mother is slammed over photo of her young daughter taking the knee on her doorstep while holding a placard reading ‘privileged’ during Black Lives Matter protests.”

We cannot achieve unity without agreement and compromise. By mandating how a white person responds to your movement, you shutdown chances of ever achieving a common goal.

Public humiliation and shaming is also not a viable way to achieve unity.

By setting mandates based upon YOUR conditions and my skin color (for which I have no control over), you shutdown MY voice. Which really means this movement is a one-way street.

If you think this will help achieve unity, you’d be wrong. In fact, I predict MORE racial division as a result of these tactics.

But what do I know? That’s just my white-privileged opinion.

DCG

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