Tag Archives: Minnesota

The public trust is gone: Are you really going to comply with the new Wuhan virus lockdowns?

Many states are going into lockdown mode again due to the rising number of Wuhan virus cases: California, Michigan, Oregon, Washington, Illinois, Minnesota, etc.

But we aren’t calling them “lockdowns” anymore (for obvious reasons). It’s now a “pause,” “freeze,” or “pulling an emergency brake.”

How Orwellian.

The bureaucrats can it whatever they want. We all know what it’s about: Control.

Remember when the Wuhan virus scare all started back in March? Lockdowns were the new normal, mandatory mask wearing and endless reminders about washing your hands and social distancing.

The jig is up. While us peons are reprimanded and reminded “to do what you’re told,” the demorat bureaucrats/BLM/Antifa/Biden voters are free to violate all Wuhan virus lockdown orders/mandates. Let’s take a stroll down memory lane, shall we?

California

California lawmakers head to Maui with lobbyists despite pandemic, travel warnings

Michigan

Michigan Governor Under Fire After Husband Attempts to Violate State’s Lockdown Rules

Oregon

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

Washington

Seattle mayor Jenny Durkan defends Antifa occupation of 6 city blocks as ‘peaceful’ expression of ‘community

Illinois

Minnesota

There are HUNDREDS of more examples during the past eight months where Wuhan virus rules were broken. And they were done, with demorat bureaucrats’ approval, in the name of social/racial justice.

That has eroded any trust the public has in the bureaucrats and their mandates. I don’t trust any one of them and what they (and the media) tell me.

I don’t need the government to protect my health and well being. I’ll stay home if I don’t feel safe, limit my outings if I want, and cook at home more instead of choosing to dine out.

And I’m also smart enough to realize the following:

DCG

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Ilhan Omar calls for the “dismantling” US economy and political systems

I’m going to let Omar speak for herself as I’ve got nothing nice to say about this ungrateful refugee.

And speaking of profit: “New York Post: Rep. Ilhan Omar has paid her husband’s consulting firm $878,000 in the last two years.”

Hypocrite.

DCG

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

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

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

From MyFoxChicago:

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

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

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

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

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

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

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

Read the whole story here.

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

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

Good luck, Minneapolis.

DCG

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Unintended consequences: Stress and pressure put on families isolated in homes with abusers

This will come as no surprise.

Domestic violence is on the rise as a result of people being ordered to shelter at home or in place. I’ve seen it here in my small Oklahoma town. It’s happening across the country. See here, here, here, here and here.

Perp Christopher Stokes being “supervised” while free to commit murder

This story out of Milwaukee is particularly tragic: “Five dead in shooting at a home on Milwaukee’s north side”

The situation is being described as an act of “family violence” and “gun violence.”

I’d argue that this is due to the inability of the criminal justice system to effectively do its job. And the stress that is created with citizens being ordered to stay at home.

The perp, Christopher Stokes, shot and killed five family members between the ages of 14 and 41. He is a known felon who was being “supervised” by the Minnesota Department of Corrections since his prison release in 2015. His background includes: domestic violence convictions against two women, substantial battery, witness intimidation, bail jumping, misdemeanor disorderly conduct, and felony child abuse (for which no charges were filed). The domestic violence convictions made him a prohibited possessor.

Yet we all know that gun control laws don’t stop criminals.

Read the whole sad story here.

Expect to read about more tragic domestic violence stories as “Stay at Home” orders are extended – and extended – and extended.

DCG

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Demorat Keith Ellison thinks he’s clever…proves he’s an idiot

They make it too easy…

Shot:

Chaser:

Proof:

DCG

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Somalia community leader: Ilhan Omar married her brother and said she would ‘do what she had to do to get him “papers” to keep him in U.S.’

From Daily Mail: ‘Squad’ congresswoman Ilhan Omar told friends years ago that the man who went on to become her second husband was in fact her brother, DailyMail.com can confirm.

And now for the first time one of those friends has come forward to reveal exactly how Omar and Ahmed Elmi scandalized the Somali community in Minneapolis.

Abdihakim Osman is the first person to go on record to speak of how Omar said she wanted to get her brother papers so he could stay in the United States, at a time when she was married to her first husband Ahmed Hirsi.

But hardly anyone realized that meant marrying him.

Osman’s revelations are sure to renew calls for an investigation into the Minnesota freshman representative who has repeatedly refused to answer questions on her marriage to Elmi.

She originally said the idea that the spouses were also siblings were ‘baseless, absurd rumors’, accusing journalists of Islamophobia, but has since stayed quiet.

Her spokesman told DailyMail.com that Omar, 37, does not comment on her family or personal life. ‘The Congresswoman is focused on the work her constituents sent her to Washington to accomplish,’ he said.

Omar married her first husband Hirsi in 2002 in a Muslim ceremony that, like many in the immigrant community, was not registered with the state. Their first child Isra was born the following year and a second followed.

But in the late 2000s Elmi appeared in Minneapolis, said Osman, who referred to Hirsi by his nickname ‘Southside’ throughout the interview. ‘People began noticing that Ilhan and Southside (Hirsi) were often with a very effeminate young guy,’ Osman said, who spoke in Somali through an interpreter.

‘He was very feminine in the way he dressed — he would wear light lipstick and pink clothes and very, very, short shorts in the summer. People started whispering about him. ‘[Hirsi] and Ilhan both told me it was Ilhan’s brother and he had been living in London but he was mixing with what were seen as bad influences that the family did not like. So they sent him to Minneapolis as ”rehab”.’

Osman, who runs a popular Facebook blog called Xerta Shekh, which comments on Somali issues, said that Omar kept her marriage to Elmi quiet, with no one from the Somali community invited to the wedding. He explained: ‘When [Hirsi] and Ilhan got married, a lot of people were invited. It was a big Islamic wedding uniting two large clans in the Minneapolis community. ‘I would say there were 100-150 people there.’

But, he said: ‘When she married Elmi, no one even knew about it.’

Osman said at the time Hirsi was better known than Omar among Somalis. ‘He was a footballer, he promoted a lot of Somali shows, he was very popular. ‘So the scandal was about [Hirsi’s] brother-in-law more than Ilhan’s brother.’

It has long been rumored that Omar and Elmi are brother and sister. But because of a lack of paperwork in war-torn Somalia where they were both born, positive proof of their relationship has never been uncovered.

Read the whole story here.

DCG

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Omar Condemns “Crippling” Iranian Sanctions

Apologies for another post about this anti-American womyn…

Hard to believe Omar has PTSD after watching her in my previous post with her giggling at such a serious event. LIAR.

Omar doesn’t have PTSD. What her and her Iran-supporting demorats have is TDS.

DCG

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Ilhan Omar Laughs & Jokes Around As Her Colleague Discusses US Casualties In Iraq

I would expect nothing less from the womyn who said this about 9/11:

DCG

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Shocker, not: Ilham Omar funneled $150,000 to alleged lover’s consulting group

Mynett and Omar

Not holding my breath for any investigation.

From NY Post: Rep. Ilhan Omar paid another $150,000 to Tim Mynett’s political consulting group in the three months after The Post first revealed allegations the pair were romantically involved, records show.

The 37-year-old Minnesota congresswoman’s campaign has funneled $146,712.63 to Mynett’s E Street Group since The Post in August reported allegations she was having an affair with her paid consultant, records show.

The latest payments to Mynett’s group were for digital advertising, fundraising consulting and video production.

When news of the alleged affair broke, Omar had already paid $223,000 through her campaign since 2018 for fundraising consulting, internet advertising, digital communications, and travel expenses to the E Street Group — taking the latest total to $370,000.

But the federal agency charged with probing the campaign finance complaint against Omar is powerless to act because it doesn’t have enough commissioners on the bench to investigate.

“This is something every American should be very concerned about,” said Craig Holman, government affairs lobbyist at the watchdog group Public Citizen. “We have no election cop on the beat. The Federal Election Commission essentially closed its doors so everyone knows they can pretty much do whatever they want to do and that’s the status of our political system today.

Both Omar and Mynett have denied the allegations in Beth Mynett’s divorce papers that the consultant dumped his wife in April because he was having an affair with the Somali-born US representative.

In October, Omar filed for divorce from her husband Ahmed Hirsi amid the affair allegations — claiming the marriage was “irretrievable.” The split was finalized on Nov. 5.

The congresswoman’s office and the E Street Group did not immediately respond to a request for comment Friday.

Conservative watchdog the National Legal and Policy Center filed a complaint against Omar with the Federal Election Commission in the wake of the bombshell report — seeking a probe into whether the Democrat used campaign funds to rendezvous with her alleged lover.

But because the FEC has only three of six commissioner slots filled and needs at least four members to vote on complaints — their hands are tied.

“It doesn’t surprise me at all,” Holman said of the continued payments from Omar to her alleged love interest. “We literally have no election cop on the beat and we’re entering the 2020 election that promises to be the most expensive election in history.”

Read the whole story here.

See also:

Ilhan Omar blames media, political foes for killing her marriage
Drama: In divorce filing woman says her husband cheated on her with Congresscritter Ilhan Omar
Minnesota House race: Democrat Muslim Ilhan Omar is a bigamist who married her brother

DCG

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