Tag: lawsuits

Biden Admin Sues Sheetz Over ‘Discriminatory’ Hiring Practices Days After He’s Torched Online Over Botched Photo Ops At Other Gas Stations

The Equal Employment Opportunity Commission (EEOC) under the Biden administration took legal action against the Sheetz convenience store and gas station chain on Thursday.

The lawsuit, which comes one day after Biden made a campaign stop at a Sheetz in Pennsylvania, and on the heels of the president’s “scripted” Wawa stop in Philadelphia last week that was widely blasted online, alleges that the Sheetz’s hiring procedures “disproportionately screened out Black, Native American/Alaska Native, and multiracial applicants.”

The EEOC asserted in a press release that the Sheetz chain’s utilization of criminal conviction records as a basis for screening and rejecting applicants constitutes a breach of Title VII’s prohibition on “disparate impact discrimination.”

The EEOC, however, did not allege that the convenience store chain “was motivated by race when making hiring decisions.”

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CDC is Sued For Scrubbing Digital Records

AFL this week sued two federal departments and their chiefs alleging that they illegally destroyed Centers for Disease Control and Prevention (CDC) records.

Department of Health and Human Services (HHS) and its secretary, Xavier Becerra, as well as the National Archives and Records Administration (NARA) and Archivist of the United States Colleen Shogan have been named in the filing, which states that their actions amount to a violation of the Federal Records Act.

We obtained a copy of the complaint for you here.

Namely, AFL claims the two departments under the current administration illegally deleted emails of former CDC employees, which constitute federal records.

The case, the non-profit hopes, will serve to highlight what they say is the Biden White House “partisan two-tier justice system.”

This is because, at the same time as NARA and NHHS are going about destroying the said emails without, up until this point, being held accountable, former President Donald Trump is being prosecuted over possession of presidential records.

However, if federal records are no longer kept based on allowing individuals over at the CDC to evaluate which emails to delete and which to keep (this was, in a nutshell, the NARA justification of the situation) – then the accusations against Trump made by NARA and picked up by the Department of Justice have no merit.

All the more so since in Trump’s case, AFL continued, those were documents that were either personal records or non-records.

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Teacher sues after he’s convicted of putting ‘For Sale’ sign in truck window

A retired Pennsylvania teacher is suing his local government after he was convicted of a criminal charge for putting a “For Sale” sign in his truck window.

Will Cramer teamed up with the Institute for Justice last week to take legal action against the borough of Nazareth over its ordinance, claiming that it’s a violation of his First Amendment rights, according to the nonprofit law firm.

Cramer had put the sign in his 1987 Chevy Deluxe last October and received a ticket stating that parking a vehicle in public “for the purposes” of selling it was illegal.

“It made no sense to me that I could park my truck on the street legally, but as soon as I put a ‘For Sale’ sign in the window, it became illegal,” said Cramer, who was found guilty by a judge after trying to fight his ticket.

“This lawsuit is bigger than me, it’s about standing up for the free speech rights of everybody in Nazareth.” 

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Georgia Independent Bookstore Sues Jail Over Policy Banning Book Shipments

A Georgia jail is refusing all books shipped to inmates, except those that come from major retailers. One local bookshop is suing, saying that policy is unconstitutional.

In May 2023, two different people visited Avid Bookshop, a progressive independent bookstore located in Athens, Georgia. Each customer purchased three books to mail to an inmate at the Gwinnett County Jail. Both packages were returned, with papers from the jail listing the reason as “Not from publisher/authorized Retailer.” The shoppers asked Avid if the store could mail the books directly.

Each time, Luis Correa, Avid’s operations manager, packaged new paperback copies of the same books and mailed them directly from the store. Aware of the jail’s stated policy that shipments “must have a packing slip or receipt stating what is in the package,” Correa included both. (Correa declined to be interviewed for this article.)

Again, the packages came back, with a sticker saying they were “not sent from publisher or authorized retailer.”

Gwinnett County’s website states that “magazines/non-local newspaper subscriptions and books will be accepted as long as they are mailed directly from the publisher or authorized retailer,” but it gives no clarification on what an authorized retailer is or how to become one.

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Lawmakers in San Francisco Want to Allow Residents to Sue Grocery Stores for Closing

Stores throughout greater San Francisco have been closing for months. Major retailers have ditched the city, as well as pharmacies and grocery stores. All mainly due to crime and theft.

Now lawmakers in the city want to allow residents to sue grocery stores for closing.

This is completely backwards. The city could stop all of the theft tomorrow if they wanted to by simply enforcing the law. Then the stores wouldn’t close in the first place. But that would entail admitting that the left’s policies are wrong and don’t work, so they’re going after the stores.

The New York Post reports:

San Francisco lawmakers want to let city residents sue grocery stores that close

A pair of progressive San Francisco lawmakers are pushing a bill that would allow residents in the crime-ravaged city to sue grocery stores that close up shop if they don’t give six months’ notice.

The proposal by San Francisco Board of Supervisors members Dean Preston and Aaron Peskin would require business to either find a successor grocer or work out a plan with residents in the neighborhood to ensure the availability of supermarket options.

The Grocery Protection Act – which is based on a proposal the board approved in 1984 that was vetoed by then-San Francisco Mayor Dianne Feinstein — comes amid a rash of retail theft fueled by the city’s drug and homelessness crisis that has led to several business closures.

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LA’s District Attorney Sued By Game Of Thrones Actor Over Dismissed Pedophilia Charges

Los Angeles District Attorney George Gascón is facing legal action after a “Game of Thrones” actor filed suit over dismissed pedophilia charges.

Joseph Gatt—best known for his role as “Thenn Warg” on the popular HBO television series—is suing the city of Los Angeles, the LAPD, and the District Attorney’s office.

The 52-year-old is seeking $40 million in damages, and says the allegations made against him were not only career-ending, but ruined his reputation by branding him as a “serial pedophile.”

The charges stem from a 2022 arrest after Mr. Gatt was accused of engaging in sexually explicit online communication with a minor across state lines. He notes the claims were inadequately investigated prior to his felony charges being publicly announced in an LAPD press release.

The alleged interaction resulted from a video on Cameo Mr. Gatt recorded for a fan’s 16th birthday, before being contacted by the teenage girl via social media on multiple occasions. Mr. Gatt did respond, but according to the suit it was in a manner that was “wholly appropriate and consistent with typical celebrity-fan exchanges.” The two, however, never met in person.

Cameo is a video-sharing website often used by public figures. Users can purchase a personalized video for the individual receiving it. This gives fans a chance to connect with their favorite celebrities with a video message for any occasion. A crucial bit of information the lawsuit says backs claims that the teenage girl was an “admittedly obsessed fan of Gatt.”

The 16-year-old went on to claim to have pictures of the supposed inappropriate conversations, but the defendants failed to “interview or even remotely assess for credibility.” Mr. Gatt was arrested in April of 2022 following a search warrant on his home. He called the act an “invasion of privacy” that deprived him of his “liberty and freedom.”

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Inmates will view solar eclipse outside as religious right in settlement victory

A group of inmates in upstate New York who sued for the right to view the solar eclipse on April 8 as part of their sincere religious beliefs are claiming victory after a settlement agreement was reached on Thursday.

As Law&Crime previously reported, the half dozen inmates, Jeremy Zielinski, Travis Hudson, Bruce Moses, Oscar Nunez, Jean Marc Desmarat, and David Haigh at the Woodbourne Correctional Facility in Sullivan County sued the New York Department of Corrections arguing that the natural phenomenon was part and parcel of their respective ways to honor their gods, or, in the case of the lead plaintiff, Jeremy Zelinski, an atheist, to observe the eclipse in the company of all who “gather to celebrate science and reason.”

An attorney for the plaintiffs, Chris McArdle, issued a statement after the agreement was reached late Thursday.

“We are pleased that, in response to our lawsuit alleging religious discrimination, New York State has entered into a binding settlement agreement that will allow our six clients to view the solar eclipse in accordance with their sincerely held religious beliefs,” the statement says.

The inmates had alleged that multiple requests submitted to officials at the facility in Sullivan County, including one starting as early as Jan. 28, were processed slowly and, at times, confusingly.

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CIVIL RIGHTS GROUPS DECRY PROPOSED FEDERAL PRISON SOCIAL MEDIA CRACKDOWN

Two civil rights groups castigated the federal Bureau of Prisons (BOP) this week for a proposed crackdown on imprisoned peoples’ access to social media—including a possible ban on accounts run by family on the outside. The two organizations, the American Civil Liberties Union (ACLU) and Knight First Amendment Institute at Columbia University (KFAI), said the BOP’s suggested new procedures would violate basic civil rights and run afoul of the U.S. Constitution.

To change administrative policies, federal agencies must submit written proposals to the federal register and allow for public comment. In a proposed rule published on Feb. 2, the BOP floats a series of changes to “inmate discipline regulations,” including stricter bans on possessing hazardous tools, escaping from prison, or encouraging others to engage in work strikes. But multiple sections pertaining to the use of social media particularly caught the eye of First Amendment defenders. 

If enacted, one measure would ban “accessing, using, or maintaining social media, or directing others to establish or maintain social media accounts on the inmate’s behalf.” As it stands, many incarcerated people either access social media on tablets or contraband devices or send information to loved ones to post. Many state prison systems already ban imprisoned people from accessing social media and a handful of states, including Alabama and Iowa, ban third parties from posting on prisoners’ behalf.

Violating the new federal code would be considered a “High Severity Level” incident, which could bring a host of punishments, including solitary confinement, damage to parole eligibility, or fines.

Another proposal would label the use of social media to commit “criminal acts,” as well as the use of money-transfer apps such as CashApp, as “Greatest Severity Level” prohibited acts, the most severe offensive level. 

“When inmates use these services to send and receive money, Bureau staff are unable to monitor those transfers,” the proposal says. “CashApp and similar applications employ encryption technology that enables inmates to avoid detection, allowing them to use these platforms for unlawful purposes such as money laundering.”

The period for public comment closed on April 1. The federal register website shows that the proposed rule received 219 comments, though only 22 have been posted online.

In a six-page rebuttal submitted Monday, KFAI attorneys said a blanket social media crackdown would likely violate the Constitution.

“For the nearly 2 million people who are incarcerated in U.S. jails and prisons, maintaining connection with loved ones and communities is associated with better physical and mental health outcomes, reduced recidivism, and successful reentry into society,” wrote attorneys Jennifer Jones, Nicole Mo, and Stephanie Krent. “Social media is increasingly becoming an important part of that connection. As one formerly incarcerated journalist recently recounted, using social media through his wife allowed him to pursue a writing career, stay in touch with his community, and give him hope of reintegration upon release.”

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Prison Phone Companies Involved in Scheme to Ban In-Person Jail Visits, Lawsuit Says

Two lawsuits filed by an activist organization allege a conspiracy between county governments in Michigan and prison phone companies. This conspiracy has involved a “quid pro quo kickback scheme” that eliminated in-person visits at prisons to boost profits for the companies, the litigation claims. As part of the scheme, a portion of those profits were allegedly then shared with the county governments.

The Civil Rights Corps, a non-profit that describes itself as “dedicated to challenging systemic injustice in the United States’ legal system,” recently filed the two lawsuits, which allege a similar scheme in both St. Clair and Genesee counties in Michigan. These arrangements involved business relationships with the county sheriffs of St. Clair and Genesee that were predicated on the elimination of in-person prison visits. Under the new systems, visitors to the jails had to pay for phone calls with the incarcerated, and the money from those calls was then shared between the providers and the counties, the lawsuit alleges.

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ABC News Asks Judge for More Time to Respond to Trump Lawsuit

American Broadcasting Companies Inc. (ABC) and ABC News have sought a 30-day delay to respond to a defamation lawsuit filed by former President Donald Trump against the network and its host George Stephanopoulos.

In his lawsuit, President Trump argues that Mr. Stephanopoulos made a dozen allegedly defamatory remarks on air on March 10 when the host repeatedly stated that a jury had found the former president liable for the rape of writer E. Jean Carroll.

According to a court filing, ABC, which was served on March 19, reached out the next day to President Trump’s attorneys, who consented to the broadcaster’s accepting service on behalf of Mr. Stephanopoulos, who hadn’t been served.

The broadcaster has until April 9 to file a response motion, and Mr. Stephanopoulos has until May 20.

ABC has requested a uniform response date of May 10.

“That date will extend the deadline for the corporate Defendants’ response by 30 days, while reducing the deadline for Defendant Stephanopoulos’s response by 10 days. Plaintiff consents to this request,” the court filing reads.

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