Category Archives: Racism

#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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African-American professor finds more than 2 in 3 hate crimes are fake

Jason L. Riley reports for the Wall St. Journal, June 25, 2020, that Wilfred Reilly, an assistant professor of political science at Kentucky State University, compiled a database of 346 hate-crime allegations and determined that less than a third were genuine.

Reilly then put together a data set of more than 400 confirmed cases of fake hate-crime a1llegations that were reported to authorities between 2010 and 2017. He maintains that the exact number of false reports is probably unknowable, but that what can be said “with absolute confidence is that the actual number of hate crime hoaxes is indisputably large. We are not speaking here of just a few bad apples.”

Reilly calls the Jussie Smollett case “the archetype of a hate crime hoax” and “one of the most flamboyant examples of the genre.” According to Rilley, an openly gay black man residing in Chicago — one of the country’s most liberal and diverse metropolises — is set upon by two white Donald Trump supporters who brandish bleach and a noose while shouting racial and antigay slurs “was a situation so extreme and bizarre that I think we would have had to look at how much racial progress the U.S. had actually made had it really occurred.”

But, of course, Smollett had made it all up, including buying the rope for the noose himself, and paying two Nigerian brothers to pose as his attackers.

Although the appointment of last week’s appointment of a special prosecutor in Chicago to take up the Smollett case is a good sign, Professor Reilly notes that media interest and coverage of the Smollett case has all but evaporated. He points out in his new book, Hate Crime Hoax: How the Left is Selling a Fake Race War, on about 100 fake hate-crimes, that the initial media publicity for supposed hate crimes tends all but to disappear if the allegations are exposed as fake. and that the media’s relative lack of interest in exposing hoaxes that don’t involve famous figures is a big part of the problem.

Reilly’s interest in hate crimes dates to his graduate-school days, when he became aware of several widely reported incidents in the vicinity of his hometown, Chicago, that turned out to be fake. In 2012 a popular gay bar in suburban Chicago was destroyed by fire, and the owner cited homophobia as the reason. The same year, black students at the University of Wisconsin-Parkside reported death threats from hate groups and found a noose hanging from a dorm room door. Ultimately, the owner of the bar pleaded guilty to arson and insurance fraud, and a black student at the university fessed up to sending racist threats and planting the noose.

Reilly found that “This phenomenon of fake hate crimes did not appear to be small-scale or regionally based.” Some examples:

  • A gay pastor in Texas accused a Whole Foods store of selling him a cake with a slur written in icing. The store produced video evidence that the pastor was lying.
  • A white woman in Oregon disfigured her own face with acid and claimed a black man had attacked her. Later, she admitted fabricating the entire story.
  • After signs that read “blacks only” and “whites only” were found at bathroom entrances on the University at Buffalo campus in upstate New York, a black graduate student confessed to posting them.

Reilly’s bigger concern is the politicization of hate crimes, especially where racial minorities are the supposed victims. Those alleged incidents are invariably seized upon by politicians and activists looking to feed a belief among liberals that discrimination and oppression are the main drivers of inequality. According to Reilly, “In the mainstream media we hear almost constant talk about scary new forms of racism: ‘white privilege,’ ‘cultural appropriation,’ and ‘subtle bigotry,” but “a huge percentage of the horrific hate crimes cited as evidence of contemporary bigotry are fakes.”

Wall St. Journal doesn’t identify Professor Wilfred Reilly as black, but his pic on a Kentucky State University website shows him to be one.

Dr. Wilfred Reilly is that rare academic who actually thinks for himself and is not a captive of the Left’s pernicious group-think. His contact info.:

  • Phone: 1-502-597-6008
  • Email: wilfred.reilly@kysu.edu
  • Mail: Hathaway Hall, Room 201
    School of Government, Policy and Justice Studies
    Kentucky State University
    400 East Main St.
    Frankfort, KY 40601

On Jussie Smollett, see:

On other fake hate-crimes:

~Eowyn

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Black privilege: Oregon county exempts non-whites from mandatory mask-wearing

Some are more equal than others.

Last week, like the state of California, health officials of Oregon’s Lincoln county issued a mandate requiring everyone to wear a face mask when out in public where individuals may come within six feet of someone outside their household. Exempted from that rule are those under 12 years of age, those with medical conditions who have difficulty breathing with a mask on, and those with disabilities that prevent the wearing of a face covering.

On Tuesday, June 23, however, the county added another exemption.

Katherine Fung reports for Newsweek that non-white people (“people of color”) are exempt from the mandatory face mask rule because, according to Lincoln county, “people of color…have heightened concerns about racial profiling and harassment due to wearing face coverings in public” — whatever that means.

County health officials said: “No person shall intimidate or harass people who do not comply. This Directive is intended to induce voluntary compliance and compliment education and encouragement of use of face coverings to protect ourselves and our community.”

As of Tuesday, Lincoln County had 292 of Oregon’s 7,201 confirmed cases of COVID-19 and only one death.

Lincoln county, named after President Abraham Lincoln, is on the coast of Oregon, with a 2010 population of 46,034. The county seat is Newport.

The obvious questions that must be asked are:

  • Who exactly is a “person of color” who is exempt from the mandatory face mask rule? If an individual, like Elizabeth Warren, is 1/180th “black,” is that a “person of color”?
  • Isn’t it racially discriminating to require whites to don a face mask, but not non-whites?
  • If a “white” person (whatever that means) also has “heightened concerns about racial profiling and harassment due to wearing face coverings in public,” can that “white” person also be exempted from the face mask rule? If not, why not? Don’t white people’s feelings matter?
  • Who in hell gave Lincoln county — or the state of California — the legal authority to require the wearing of face masks? Where in the U.S. Constitution or any state statutes does it say the county has that power?

H/t Laura

~Eowyn

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Fake Hate Crime: FBI concludes noose in garage of NASCAR driver Bubba Wallace is a door pull

This is what happens when America is whipped into a frenzy by #BLM protests and riots.

Darrell “Bubba” Wallace, 26, is a professional stock car racing driver who competes full-time in the NASCAR Cup Series. He is also the first “African-American” to win in the NASCAR Gander Outdoors Truck Series (Martinsville, 2014).

Bubba Wallace

After the death of George Floyd in May 2020 at the hands of police officers in Minneapolis, Wallace began to speak up about police brutality against Blacks, and became the face of stock car racing’s involvement in the Black Lives Matter movement. On June 8, he called on NASCAR to mandate the banning of displays of the Confederate flag; two days later, NASCAR announced the Confederate flag would be banned.

On Sunday, June 21, 2020, NASCAR announced that a “noose” had been found in Wallace’s garage stall at Talladega Superspeedway.

NASCAR immediately condemned the act, calling it “heinous” and said they would be consulting with law enforcement. All 39 of Wallace’s rival drivers and their crews helped push his car to the front of pit road before the national anthem and stood behind him in solidarity. Wallace said that he was “incredibly saddened” by the “painful reminder of how much further we have to go as a society and how persistent we must be in the fight against racism”.

Although NASCAR said in a statement that the garage door pull rope was fashioned like a noose, Wallace Wallace fumed in an interview with CNN Tuesday night that “The image that I have, that I have seen hanging from my garage is not a garage pull. From the evidence that we have, that I have, it’s a straight-up noose. The FBI has stated it was a noose over and over again. NASCAR leadership has stated that it was a noose. I can confirm that I actually got evidence of what was hanging in my garage over my car, around my pit crew guys, to confirm that it was a noose, and I’ve never seen anything like it.”

People were skeptical because no photo of said noose or of security camera footage of the garage were released, although security cameras cover every inch of the garage stalls at Talladega Superspeedway containing millions of dollars worth of cars and parts.

In response to perfectly reasonable questions about the noose claim, NASCAR and Wallace reportedly called such queries “offensive and hurtful”. Wallace also bristled that he’s “pissed” his integrity was being questioned.

Bob Pockrass took and tweeted this pic of the “noose” in Wallace’s NASCAR garage:

Yesterday, WUSA9 reports that after an investigation, the FBI concluded that the noose found in the garage of NASCAR’s only Black driver, Bubba Wallace, had been in the garage as early as October 2019.

In a joint statement, U.S. Attorney Jay Town and FBI Special Agent in Charge Johnnie Sharp said the FBI learned that garage number 4 had been assigned to Wallace only last week, and that the FBI was also able to use authentic video confirmed by NASCAR to verify the rope’s prior existence. And so the FBI decided not to pursue federal charges after reviewing all of the facts in the case. 

Below is the joint statement:

FOR IMMEDIATE RELEASE
Tuesday, June 23, 2020

Joint Statement from U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp, Jr. Regarding the Noose Found in NASCAR’s Bubba Wallace’s Garage at Talladega Superspeedway

“On Monday, fifteen FBI special agents conducted numerous interviews regarding the situation at Talladega Superspeedway.  After a thorough review of the facts and evidence surrounding this event, we have concluded that no federal crime was committed.

The FBI learned that garage number 4, where the noose was found, was assigned to Bubba Wallace last week.  The investigation also revealed evidence, including authentic video confirmed by NASCAR, that the noose found in garage number 4 was in that garage as early as October 2019.  Although the noose is now known to have been in garage number 4 in 2019, nobody could have known Mr. Wallace would be assigned to garage number 4 last week.

The decision not to pursue federal charges is proper after reviewing all available facts and all applicable federal laws. We offer our thanks to NASCAR, Mr. Wallace, and everyone who cooperated with this investigation.”

H/t Blabber Buzz

See also:

~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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Extraordinarily dangerous: NBC News

An NBC anchor, Craig Melvin, this past week asked Senator Tim Scott to say whether or not he was a “token.”

They also tweeted the following less than two hours apart:

Such hacks.

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

 

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

 

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

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

 

 

 

Continue reading

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Cops in the Cross-hairs – Antifa Declares War on Police

There was a time in our country when not even the Mafia dared kill a cop. But those times are long past. Well-funded and highly organized anarchists have used the protests over the killing of George Floyd as an excuse to burn private and government property and loot businesses across the country. In the beginning, these terrorists focused on destruction and inciting others to riot. But now, these provocateurs have ratcheted up their mayhem by taking aim at police officers and attempting to kill them. The rule of law has fallen by the wayside. The guerrilla war now is being waged with lethal intent. Follow the dollar. The foul reek of Darth Soros, who bragged about turning in his own people to the Nazis during WWII, fills the air. Here are just a few of the assaults on police in the past week.

St. Louis, MO

Four police officers shot during a downtown protest, two in leg, one in arm one in the foot. St. Louis Police Chief John Hayden said they were hit by gunfire by “some coward” while standing on the side of a police line. “As we speak we’re trying to get control out of this city, still hearing gunfire and everything,” he said. I don’t know what else to say. This is horrible. Thank God, they’re alive.” The St. Louis Post-Dispatch reported that all of the officers were conscious and breathing after being rushed to the hospital.

Las Vegas, NV

Officer was in a fight with a suspect at the Circus Circus Hotel and Casino on the strip when someone walked up behind the officer and shot him in the head. The officer is on life support.

Richmond, Va.

NBC-12 in Richmond reported that two police officers and a suspect were injured in a shooting after they were called to investigate a report of an armed person on Semmes Avenue early Tuesday morning. When they arrived, gunfire erupted. The two cops and the suspect were taken to local hospitals.

The Bronx, NY

An NYPD sergeant was critically injured when he was brutally and deliberately run over by a speeding SUV hit and run assailant. In a similar incident in the Bronx in New York City, an NYPD officer investigating reports of break-ins was struck by a vehicle early Tuesday in a hit-and-run. The officer survived being run over and is said to be in a stable condition.

This video of the hit-and-run was posted on social media. It is extremely graphic. View with caution.

Davenport, Iowa

According to authorities, an officer was “ambushed” with gunfire Sunday. Another officer shot back, and the suspects fled but were later arrested. Near where the officer was wounded, police found a man shot to death and a handgun under his body. His identity wasn’t released.
Police said surveillance video shows that the man and some of the arrested suspects were involved in a shooting outside a jewelry store hours earlier. They were casing the business when other cars arrived and multiple people fired shots at each other, police said.

Atlanta, GA

An Atlanta Police officer was seriously injured after being hit by an ATV in downtown Atlanta during a second night of protests. Police said Sunday that the officer had surgery early this morning and is currently recovering in the intensive care unit at Grady Memorial Hospital. Mayor Keisha Lance Bottoms identified him Sunday night as officer Maximilian Brewer, who has been with the department for 18 years. “We ask that you keep him in your thoughts and prayers,” Bottoms said. “He has a long road to recovery.” Brewer was on foot when he was hit on Ted Turner Drive around 10 p.m. He sustained significant injuries to his legs.Police said the ATV’s driver suffered non-life-threatening injuries and was taken into custody. Bottoms said Sunday night that they do believe the rider struck Brewer intentionally.

Oakland, CA

Two federal officers in Oakland were shot Friday night, one of them fatally, as protests over the death of George Floyd turned violent. The two Federal Protective Service officers worked for Homeland Security, and were based at the Oakland Downtown Federal Building, according to report. No arrests have been made. During the riot, six Oakland police officers were injured, in addition to the federal officers who were shot.

Denver, CO

Denver police are searching for a Chevrolet Cobalt or Cruze, that struck a Denver Police vehicle and severely injured 3 police officers, and a civilian. The suspect driver of the car did not stop. The officers suffered serious injuries, but were expected to survive. So far, there is no word on the condition of the civilian.

And so it continues. The mayhem continues; the marching for one murdered man goes on. But the question arises, who will march for the dead police officers?

~ Grif

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