Category Archives: George Floyd riots

Sunday Devotional: Sing joyfully to the Lord!

Psalms 145:1-7, 20-21

I will extol you, my God and king;
I will bless your name forever and ever.
Every day I will bless you;
I will praise your name forever and ever.
Great is the LORD and worthy of much praise,
whose grandeur is beyond understanding.
One generation praises your deeds to the next
and proclaims your mighty works.
They speak of the splendor of your majestic glory,
tell of your wonderful deeds.
They speak of the power of your awesome acts
and recount your great deeds.
They celebrate your abounding goodness
and joyfully sing of your justice….
The LORD watches over all who love him,
but all the wicked he destroys.
My mouth will speak the praises of the LORD;
all flesh will bless his holy name forever and ever.

St. Augustine said to sing is to pray twice.

As in Psalms 145:7, the Bible contains myriads of exhortations to “sing to the Lord”.

Not just sing, but sing joyfully, as if your heart is bursting with radiance.

But in the name of a “second wave” of COVID-19 (but no one would say the spike is due to the #BLM protests and riots), some tyrannical states and counties, such as California, now forbid singing in churches.

So please join me here in singing two of my favorite songs: “Holy, holy, holy” and the Hallelujah Chorus from Handel’s “Messiah”!

And may the peace, joy and love of our Lord Jesus Christ be with you,

~Eowyn

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

BlackLivesMatter riots continue to blaze across America.

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

Tbis is no longer about racism.

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

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

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

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

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

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

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

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

Other findings:

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

~Eowyn

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

 

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

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

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

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

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

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

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

Five simple points, out of many.

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

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

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

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

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

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

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

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

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

This document will explain the situation better than I.

 

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

STATE OF MINNESOTA

IN COURT OF APPEALS

C2-01-399

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

Relators,

vs.

City of Minneapolis,

Respondent.

Filed September 11, 2001

Affirmed in part, reversed in part, and remanded

G. Barry Anderson, Judge

City of Minneapolis

Docket No. 9-2110-12612-3

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

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

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

S Y L L A B U S

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

O P I N I O N

G. BARRY ANDERSON, Judge

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

FACTS

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

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

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

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

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

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

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

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

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

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

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

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

ISSUES

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

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

ANALYSIS

I.

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

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

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

A.         Due Process

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

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

B.         Substantial Evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

C.        Arbitrary and capricious

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

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

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

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

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

II.

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

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

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

D E C I S I O N

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

Affirmed in part, reversed in part, and remanded.

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

Source

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

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

Respectfully

Deplorable Patriot.

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Tainted: The fishy life and death of George Floyd

I don’t believe George Floyd was murdered. Sorry to those of you who do.

I’m not insensible to the facts about carnage and brutality in the world around us. I just don’t think George Floyd died the way the media portrayed it. I have serious doubts that he died at all.

I don’t mean to subtract from the extreme gravity of the situation. It’s grave, all right.

There is just too much that seems fishy to me, both before George’s putative demise and afterward. So much fishiness. And fishiness in multiple categories, which I have broken down below.

Fake stuff. Like the way George’s body was handled by the medics. Here is what one (anonymous) professional medic observed:

– No LOC (level of consciousness) assessment;  they didn’t try to rouse him
– No breathing assessment
– No pulse check
– No airway management
– They used a Furley stretcher, which hasn’t been in service for many decades, and can only be found among civil war era movie props.
– They laid him on his back, hand-cuffed behind his back (how would you do cpr?). This wouldn’t be controversial for a conscious patient, but with a GCS of 3?
– They picked him up with the Furley and put him on the Stryker cot. They did not do up the straps on the Stryker. They loaded him with straps dangling. If you’ve ever tried that once, you know the straps are going to get caught up; not to mention, you want the guy strapped down if he’s a threat.
– These aren’t things that you learn after years of experience. These are things you learn your first day.

Did you see the CNN report about George’s second-grade teacher, “Dr. Waynel Sexton”? Now, tell me truly: If you had a name like that, wouldn’t you feel obliged to change it if your job involved the care of little children? Dr. Waynel Sexton has a big old toothy smile to go with that name. And she just happened to have one of George’s essays handy from all those many years ago in her hidey-hole.

George’s letter-perfect printing and his way of expressing his desire to become a supreme court judge was touching, but you have to wonder. A loving parent would save the essay, of course. But a second grade teacher handles a lot of paper, or did, in the old days. What are the odds of her finding George’s essay amid reams of lined paper, and in such good condition?

Others have come forward with Waynel Sexton-related info. It looks fishy. I don’t want to dox this lady-of-the-unfortunate-name, but her address is swanky beyond what you’d expect of a retired teacher. She has numerous aliases. And she has been reportedly seen at previous tragic events.  Here is a video with more on that.

Weird stuff. Like the way Chauvin did his evil deed while several onlookers recorded him. Now, who would do such a thing? Tormenting and killing someone while being taped is not only evil; it’s stupid. Ok, so some people are stupid.

If Chauvin is stupid and evil, then he is also a dead ringer for actor Ben Bailey. Really. Not in his mug shot, but in the video of him mercilessly kneeing George. Compare that to these photos.  Or just do a search for Ben Bailey and make the comparison yourself.

George’s “twin brother” from his youth in Texas was a sports idol, Stephen Jackson. They were from the same neighborhood. There has been controversy surrounding a tweet Jackson made regarding his father’s Masonic associations and an accusation by Larry Johnson, another sports figure. It is a convoluted tale full of barely (imo) decipherable statements by all concerned regarding Masonic sacrifice. You can find some of that here. Make of it what you will.

Coincidental stuff. Like a simulation company located near the site of the murder that was burnt to the ground afterward. 7-Sigma Simulation manufactured white and black mannequins that are used by health professionals as procedural training tools. Here are some of them. Note the torsos.

Looks like this mannequin is having trouble breathing.

As someone pointed out, video footage of George being loaded into the ambulance is fishy. It appears as if George has no legs.

There’s also the fact that George Floyd and Derek Chauvin were co-workers (bouncers) for all of 2019 in a nightclub known as El Nuevo Rodeo. They overlapped security shifts. The club was owned by Maya Santamaria, a Latina media and entertainment mogul, who sold it a few months previous. She also owns La Raza Radio, and reportedly still operates it. But the building that held the nightclub burned in the post-George Minneapolis riots. There have been rumors I can’t substantiate that the club was laundering counterfeit money.

Santamaria is said not to have recognized either of her former employees in the footage that showed Chauvin kneeing George’s neck, as reported here:

“My friend sent me (the video) and said this is your guy who used to work for you and I said, ‘It’s not him.’ And then they did the closeup and that’s when I said, ‘Oh my God, that’s him,'” Santamaria said. “I didn’t recognize George as one of our security guys because he looked really different lying there like that.”

Hm.

All of the simultaneous hoopla around the world seemed contrived, too, and fake as a Billy Bass fish. Likewise Mayor Frey’s histrionics. Again, my opinion.

That the George event started almost as soon as people began to question the other scam, Covid-19, seems too coincidental to be a coincidence.

Money stuff. Like the $14+M collected through a Go Fund Me account George’s brother set up almost immediately following George’s demise. (The fund is still up and running.) Would you do that if your sibling were killed? Most of us would be mourning, not setting up a cash cow milk machine.

The money gorge for George, which included his Promethean gold casket, is downright obscene. Like I said, this is just my opinion. But money talks. In this case, I think we’d better listen.

Remember, George was arrested for passing a counterfeit $20 bill. Funny money with not-so-funny consequences, pointing to the roots of all evil.

Familiar stuff. I’ve studied mass casualty events, one in particular, and all of the above seems eerily familiar. But another thing really bangs the gong: Criminals – people with rap sheets or bad credit – are typically deployed in such faked events. That’s because most honest folks don’t have the stomach for it.

As an anonymous black academician from UC(Berkeley) pointed out, George was a felon, a criminal with a lot of baggage, as well as a porn star. Here is an excerpt from the letter this academician wrote concerning George’s lurid past:

“As a final point, our university and department has made multiple statements celebrating and eulogizing George Floyd. Floyd was a multiple felon who once held a pregnant black woman at gunpoint. He broke into her home with a gang of men and pointed a gun at her pregnant stomach. He terrorized the women in his community. He sired and abandoned multiple children, playing no part in their support or upbringing, failing one of the most basic tests of decency for a human being. He was a drug-addict and sometime drug-dealer, a swindler who preyed upon his honest and hard-working neighbors.

“And yet, the regents of UC and the historians of the UCB History department are celebrating this violent criminal, elevating his name to virtual sainthood. A man who hurt women. A man who hurt black women. With the full collaboration of the UCB history department, corporate America, most mainstream media outlets, and some of the wealthiest and most privileged opinion-shaping elites of the USA, he has become a culture hero, buried in a golden casket, his (recognized) family showered with gifts and praise. Americans are being socially pressured into kneeling for this violent, abusive misogynist. A generation of black men are being coerced into identifying with George Floyd, the absolute worst specimen of our race and species.”

George Floyd is now more popular than Jesus. I’m not exaggerating. Truly, he is! You can’t worship in a physical church anymore – unless you’re in a George march, worshiping George. You can’t have a funeral, unless you’re George. I suspect that George is going to be in the running for sainthood before too long. Saint George.

But Saint George is so far from deserving of that title. Saint George is tainted, you might say, with fishiness, of which we have already spoken.

If I were a second grade teacher, I would ask my class to do a comparison chart between Saint George and their favorite hero. Mine happens to be Jesus, so I have done one below for you. Granted, all of us would not fare well in this comparison chart, but saints would do pretty well and George is on the wanna-be list. It may offend certain people, but you can’t please everyone, nor should you. Because to please everyone, you have to lie.

Jesus: A home builder.
George: A home invader.

Jesus: Laid to rest in a plain stone tomb.
George: Laid to rest in a $25,000 Promethean golden casket.

Jesus: Helped the sick, poor and rejected.
George: Helped himself to a lot of boodle from his victims.

Jesus: Miraculously rose from the dead.
George: Miraculously raised $14+M after he died.

Jesus: The Word made flesh.
George: Peddled his flesh.

Jesus: Made his disciples fishers of men.
George: Led a fishy life and experienced a fishy death.

I could go on and on, but I’ll stop here. I think this is quite enough to get me killed. So be it.

Saint or Taint?  What do you think? Should George be sainted or was his history and the event itself too tainted with fishy facts to be believed? You tell me.

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Useful Idiots, Inc.

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

Cross-posted with trevorloudon.com

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

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

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

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

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

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

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

Continue reading

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

We tend to over generalize.

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

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

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

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

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

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

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

Gill added:

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

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

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

~Eowyn

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

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

Buy. Lots. Of. Ammo.

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

The reality of the progressive #defundpolice/BLM agenda:

Some 19 Atlanta officers have resigned after Rayshard Brooks shooting

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

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

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

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

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

Emergency response time more than triples due to Seattle occupy protesters

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

DCG

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L’Oréal rehires black transvestite model who called all whites irredeemable racists

In the wake of the death of George Floyd and the resultant protests, riots, looting, burning and killing, corporate America is bending over backwards to prove that they’re “woke” because in America today, being called a racist is more heinous than being a mass murderer or serial killer.

Case in point: the cosmetics company L’Oréal.

Munroe Bergdorf, transvestite

In 2017, L’Oréal fired black “transgender” model Munroe Bergdorf for calling white people the most violent and oppressive race on earth, who built their existence and success on the backs of the blood and deaths of “people of color”, and that racism is not learned but inherited.

Last week, Bergdorf slammed L’Oréal for their hypocrisy by posting the company’s support of Black Lives Matter when she had been fired for “speaking up against racism” after the alleged “white supremacy rally” in Charlottesville, Virginia.

Bergdorf tweeted:

“You dropped me from a campaign in 2017 and threw me to the wolves for speaking out about racism and white supremacy. With no duty of care, without a second thought.

I had to fend for myself being torn apart by the world’s press because YOU didn’t want to talk about racism. You do NOT get to do this. This is NOT okay, not even in the slightest.”

So L’Oréal immediately rehired Bergdorf.

Page Six reports that on June 9, 2020, Bergdorf announced she is joining L’Oréal Paris UK’s newly-formed diversity and inclusion advisory board, and that the company will donate to two organizations that support people of all genders, sexualities and identities: €25,000 to Mermaids and €25,000 to UK Black Pride.

L’Oréal Paris president Delphine Viguier posted this apology on the company’s Instagram account:

“I regret the lack of dialogue and support the company showed Munroe around the time of the termination. We should have also done more to create a conversation for change as we are now doing. We support Munroe’s fight against systemic racism and as a company we are committed to work to dismantle such systems.”

The canard that all whites are racist is also pushed by Van Jones, former Special Advisor for Green Jobs of the Obama administration. See Deplorable Patriot’s “Van Jones throws Hillary under the bus“.

The implications of this are profoundly disturbing:

  1. If all white people are racist and had built not only their “success” but their entire “existence” on the backs of “people of color,” then to right this injustice, reparations to blacks for slavery are not enough. Whites must surrender all their “privileges” — whatever that means.
  2. And since white people’s racism is not learned behavior, but is inherited, that means their racism is inherent and irredeemable. Given that, to eliminate racism from the face of the earth, there is no alternative but to kill all white people, completely expunging each and everyone of them from the face of the earth.

My question to the ilks of Van Jones and Munroe Bergdorf:

Since white people inherit their racism, and since many blacks, like Jones, Bergdorf and Barack Obama, are not 100% black but have white “blood,” doesn’t that make them racist as well?

See also DCG’s “Liberal logic: L’Oreal Paris’ new representation for hair campaign wears hair-covering hijab“.

~Eowyn

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