Wednesday, 30 June 2021

Uber faces mounting sexual assault, harassment lawsuits in San Francisco

SAN FRANCISCO, Calif. (KRON) - A San Francisco law firm plans to file up to 1,000 separate sexual assault and harassment lawsuits against Uber and Lyft.

The personal injury firm, Levin Simes Abrams, most recently filed 85 lawsuits against Uber, most of them in San Francisco's superior court.

While the law firm represents clients around the country, they say about a third of those 1,000 cases represent Bay Area and California residents.

And they say this is only the tip of the iceberg.

Rachel Abrams and her partner Laurel Simes at Levin Simes Abrams law firm based in San Francisco, represent hundreds of women here in California and across the country where they say their rideshare experience turned dangerous.

Their law firm is currently in the process of filing up to 1,000 separate sexual assault and harassment lawsuits against Uber and Lyft.

They say about a third of those cases happened in California a large chunk specifically in the bay area.

The law firm most recently filed 85 suits against Uber, most of them in San Francisco superior court.

They say these are individual cases, not class-action lawsuits because the details and severity of the cases widely vary.

Simes says they took on their first client in a case against uber about two years ago, and since then, hundreds of more women have come forward.

In many of these cases, they say the drivers have taken advantage of vulnerable women, whether they were intoxicated, fell asleep, or their phone died.

We reached out to Uber and Lyft for a statement about these cases but have not heard back yet.



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9 injured in explosion of illegal fireworks seized from South L.A. home

A cache of illegal fireworks seized at a South Los Angeles home exploded Wednesday evening, damaging nearby homes and cars and injuring at least nine people, authorities said.

Police had called in a bomb squad after a tip led them to seize some 5,000 pounds (2,268 kilograms) of illegal home-made and China-manufactured pyrotechnics at about noon, police said.

One man was arrested on suspicion of possessing fireworks and destructive devices and also on suspicion of child endangerment because two children were found at the home, police said.

Sky5 was over the scene as the explosion occurred Wednesday.

Some of the fireworks appeared to be large mortar-sized devices used for commercial purposes.

Pallet-loads of fireworks were placed into an LAPD tractor-trailer and hauled away for disposal but at some point, some of the devices that had been placed inside an armored container on an LAPD big-rig exploded in a burst of flame, demolishing the truck. The blast, caught by news crews, also knocked a nearby car on its side, smashed the windows of several others and blew out windows in a neighboring home.

A Fire Department tweet said nine patients were being evaluated but there was no immediate word on their conditions. Some were seen being taken away on gurneys.

Nobody appeared to be inside the truck.

Police evacuated nearby homes.

There was no immediate word on what caused the fireworks to go off.

In March, a massive fireworks explosion left two people dead in Southern California and caused at least $3.2 million in damage.



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South Bay officials crack down on illegal fireworks as fire concerns grow

SAN JOSE, Calif. (KRON) -- Despite fewer Fourth of July holiday gatherings last year during the pandemic,  the use of illegal fireworks exploded in many parts of the Bay Area.

With the 4th falling on a weekend, there are fears this year may be worse.

South Bay officials on Wednesday made their case for restraint amid stepped up enforcement. 

The entire South Bay is at risk but the east foothills, as seen from San Jose's communications hill, are extremely dry. Fire officials came together Wednesday to sound the alarm.

CAL Fire says the number of fires responded to so far this year statewide is 53% higher than the five-year average. The combination of the drought, dry vegetation and the skyrocketing use of illegal fireworks in recent years and ahead of this year's Fourth of July holiday is being described as a kind of perfect storm amid worries about what is shaping up to be the worst fire season ever.

Public service announcements and billboards urge people to report illegal fireworks with an on-line reporting app. An amended "social host".

Ordinance allows for fines starting at a thousand dollars. Fire crews and law enforcement will patrol and be stationed in high risk areas and there will be zero tolerance for those who are caught with illegal fireworks.

As if the smoke from wildfires that plagued the region last year, making for seriously unhealthy air isn't bad enough, smoke and toxics unleashed by illegal fireworks is also a health hazard, according to the Bay Area Air Quality Management District.



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Report: Judge denies Britney Spears' request to remove father from conservatorship

LOS ANGELES (NewsNation Now) — A judge has denied Britney Spears' request to remove her father from her conservatorship a week after the singer made an emotional plea in court, according to a report from Variety.

The latest development happening after Spears’ father asked the court overseeing his daughter’s conservatorship to investigate her statements on the court's control of her medical treatment and personal life, which she called overly restrictive and abusive.

James Spears emphasized in a pair of documents filed late Tuesday night that he has had no power over his daughter's personal affairs for nearly two years.

His filing says the court must investigate “serious allegations regarding forced labor, forced medical treatment and therapy, improper medical care, and limitations on personal rights.”

“Given the nature of the allegations and claims, it is critical that the court confirm whether or not Ms. Spears’ testimony was accurate in order to determine what corrective actions, if any, need to be taken,” the documents said.

The filings came a week after Britney Spears spoke for the first time in open court in the conservatorship that has controlled her life and money for 13 years. She condemned those with power over her, saying she has been forced to perform live shows, compelled to use an intrauterine device for birth control, made to take lithium and other medications against her will, and prevented from getting married or having another child.

“I truly believe this conservatorship is abusive,” Spears said.

FILE - Jamie Spears, father of singer Britney Spears, leaves the Stanley Mosk Courthouse on Oct. 24, 2012, in Los Angeles. When Britney Spears speaks to a judge at her own request on Wednesday, June. 23, 2021, she'll do it 13 years into a court-enforced conservatorship that has exercised vast control of her life and money by her father. Spears has said the conservatorship saved her from collapse and exploitation. But she has sought more control over how it operates, and says she wants her father out. (AP Photo/Nick Ut, File)

James Spears controlled his daughter's personal life for most of the existence of the conservatorship, but he now oversees only her money and business dealings along with an estate-management firm. A court-appointed professional, Jodi Montgomery, has had power over Britney Spears’ personal decisions since her father relinquished that role in 2019.

“Mr. Spears is not the conservator of the person. He has not been the conservator of the person since September 2019," one of the court filings says. “Ms. Montgomery has been fully in charge of Ms. Spears day-to-day personal care and medical treatment."

Montgomery, whose appointment Britney Spears supported, is serving temporarily. The court was expected to make her role permanent, but one of James Spears' filings says his daughter's criticism of Montgomery last week suggests that she doesn't want her in the role.

James Spears says that when he was conservator over his daughter's personal decisions, he did everything in his power to support her well-being, including consenting to her getting married in 2012 and sharing conservatorship duties with her fiance. Spears was engaged to former manager Jason Trawick in 2012, but the couple broke it off in 2013.

The filing is also critical of Britney Spears' personal attorney Samuel L. Ingham III, saying that he wrongly asserted in a recent filing that the court had found Spears did not have capacity to consent to medical treatment and is using that as a pretext for a court order taking away her right to give informed consent.

Emails sent to Ingham and to an attorney for Montgomery seeking comment were not immediately returned.

While Britney Spears was critical of both Montgomery and Ingham in her impassioned speech of more than 20 minutes, she singled out her father for some of her most scathing criticism.

She accused him of relishing his power over her, as he showed when she failed a series of psychological tests in 2019 and forced her to go into a mental hospital.

“I cried on the phone for an hour, and he loved every minute of it,” Spears said. ”The control he had over someone as powerful as me, as he loved the control to hurt his own daughter 100,000%.”

James Spears said through his lawyer at the hearing that he was sorry to see his daughter was in so much pain.

He said in his court filings that it is imperative that “all parties be provided a full and fair opportunity to respond to allegations and claims asserted against them.”

“Either the allegations will be shown to be true, in which case corrective action will be taken,” the documents say, "or they will be shown to be false, in which case the conservatorship can continue its course. It is not acceptable for the Conservators or the Court to do nothing.”

Spears told Los Angeles Superior Court Judge Brenda Penny that she wanted the conservatorship to end, but she has not filed a petition with the court to end it.

“I want changes going forward,” she said. “I deserve changes.”

Ingham said in court that she had not asked him to. Britney Spears said in court that she was unaware she could petition to end it.



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99% of WNBA vaccinated against COVID-19, but what about other sports leagues?

NEW YORK (NewsNation Now) — The WNBA announced 99% of all players are vaccinated against COVID-19 — as other sports teams struggle to achieve herd immunity.

In the WNBA's statement, they also confirmed the league has not had a positive COVID-19 test for its players or staff since the regular season began.

Meanwhile, seven Major League baseball teams remain under the 85% vaccination threshold according to the Major League Baseball Association. The remaining 23 teams are all above the herd immunity threshold.

The NFL told ESPN that 65% of their players have received one shot. For the NBA, the last figure reported was a 75% vaccination rate according to ESPN.

Several players across sports have made headlines for expressing vaccine skepticism in the past several weeks. Buffalo Bills Player Cole Beasley told media he would rather retire than be vaccinated.

"I will be outside doing what I do. "I'll be out in the public. If your scared of me then steer clear, or get vaccinated. Point. Blank. Period. I may die of covid, but I'd rather die actually living," Beasley wrote on Twitter.

Two other major sports players, Cubs' Anthony Rizzo and Washington Football Team's Montez Sweat, both expressed skepticism about the vaccine and have not been vaccinated.

Many other players have partnered with health organizations along with city and state governments to encourage vaccination.

Most major stadiums have increased capacity to full or almost full as major cities relax pandemic restrictions. Wrigley Field became one of the first in June to return to full capacity.



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Trump Organization, CFO expected to be charged Thursday: report

NEW YORK CITY (AP) — Donald Trump’s company and his longtime finance chief are expected to be charged Thursday with tax-related crimes stemming from a New York investigation into the former president’s business dealings, people familiar with the matter told The Associated Press.

The charges against the Trump Organization and the company’s chief financial officer, Allen Weisselberg, appear to involve non-monetary benefits the company gave to top executives, possibly including use of apartments, cars and school tuition.

The people were not authorized to speak about an ongoing investigation and did so on condition of anonymity. The Wall Street Journal was first to report that charges were expected Thursday.

The charges against Weisselberg and the Trump Organization would be first criminal cases to arise from the two-year probe led by Manhattan District Attorney Cyrus Vance Jr., a Democrat who leaves office at the end of the year.

Prosecutors have been scrutinizing Trump’s tax records, subpoenaing documents and interviewing witnesses, including Trump insiders and company executives.

A grand jury was recent empaneled to weigh evidence and New York Attorney General Letitia James said she was assigning two of her lawyers to work with Vance on the criminal probe while she continues a civil investigation of Trump.

Messages seeking comment were left with a spokesperson and lawyers for the Trump Organization. Messages were also left with lawyers for Weisselberg and other company executives. The Manhattan district attorney's office declined to comment.

Trump’s spokesperson did not immediately response to a request for comment, but Jason Miller, a longtime former senior adviser to the Republican, spun the looming charges as “politically terrible for the Democrats.”

“They told their crazies and their supplicants in the mainstream media this was about President Trump. Instead, their Witch Hunt is persecuting an innocent 80 year-old man for maybe taking free parking!” Miller tweeted, apparently referring to Weisselberg, who is 73.

Trump had blasted the investigation in a statement Monday, deriding Vance’s office as “rude, nasty, and totally biased” in their treatment of Trump company lawyers, representatives, and long-term employees.

Trump, in the statement, said the company’s actions were “things that are standard practice throughout the U.S. business community, and in no way a crime” and that Vance’s probe was an investigation was “in search of a crime.”

Trump, who’s been critical of President Joe Biden’s immigration policies, was scheduled to travel Thursday to Texas to visit the U.S.-Mexico border.

Trump Organization lawyers met virtually with Manhattan prosecutors last week in a last-ditch attempt to dissuade them from charging the company. Prosecutors gave the lawyers a Monday deadline to make the case that criminal charges shouldn’t be filed.

Ron Fischetti, a lawyer for the Trump Organization, told the AP this week that there was no indication Trump himself was included in the first batch of charges.

“There is no indictment coming down this week against the former president,” Fischetti said. “I can’t say he’s out of the woods yet completely.”

Weisselberg, a loyal lieutenant to Trump and his real estate-developer father, Fred, came under scrutiny, in part, because of questions about his son’s use of a Trump apartment at little or no cost.

Barry Weisselberg managed a Trump-operated ice rink in Central Park.

Barry’s ex-wife, Jen Weisselberg, has been cooperating with the investigation and turned over reams of tax records and other documents to investigators.

Allen Weisselberg has worked for the Trump Organization since 1973.

Prosecutors subpoenaed another long-time Trump finance executive, senior vice president and controller Jeffrey McConney, to testify in front of the grand jury in the spring. Under New York law, grand jury witnesses are granted immunity and can not be charged for conduct they testify about.

Prosecutors probing untaxed benefits to Trump executives have also been looking at Matthew Calamari, a former Trump bodyguard turned chief operating officer, and his son, the company’s corporate director of security. However, a lawyer for the Calamaris said Wednesday that he didn’t expect them to be charged.

“Although the D.A.’s investigation obviously is ongoing, I do not expect charges to be filed against either of my clients at this time,” said the lawyer, Nicholas Gravante.

Vance's investigation is among at least 18 open probes and lawsuits that Trump faces. These include a criminal probe into whether tried to improperly influence the 2020 election results in Georgia, and defamation lawsuits by two women who said Trump lied when he denied having sexually assaulted them.



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Yale's School of Drama to become tuition-free following $150M gift

NEW HAVEN, Conn. (WTNH) -- Present and future students at Yale University's drama school will no longer need to pay tuition, thanks to a $150 million donation.

Yale University announced Wednesday morning a multi-million dollar donation, noting it as the largest on record in the history of American theater and making Yale's drama school the only institution to become tuition-free.

In addition to permanent free-tuition, University President Salovey stated that the school will pursue significant investments in their facilities.

Tuition costs will be eliminated for students pursuing a degree or certificate enrolled for the fall semester, as well as returning students, according to Yale officials.

In recognition of Geffen's contribution, the Yale School of Drama will be renamed the David Geffen School of Drama at Yale University.

David Geffen is an entertainment executive and philanthropist in the areas of health, education, arts and culture, among other causes. Geffen is the founder of multiple studios, as well as the co-founder of DreamWorks SKG with Steven Spielberg and Jeffrey Katzenberg. In 2010, Geffen was inducted into the Rock & Roll Hall of Fame and received the President's Merit Award at the 2011 Grammys for his contributions. Geffen also taught courses at Yale in the late 1970s.

“It’s an honor to partner with Yale University to create the first tuition-free drama school of its kind in the nation,” said Geffen. “Yale is well known for having one of the most respected drama programs in the country. So, when they approached me with this opportunity, I knew Yale was the right place to begin to change the way we think about funding arts education. Yale already provides some of the best professional training available to actors, writers, directors, designers, and theater managers from diverse backgrounds. Removing the tuition barrier will allow an even greater diversity of talented people to develop and hone their skills in front of, on, and behind Yale’s stages. I hope this gift will inspire others to support similar efforts to increase accessibility and affordability for arts education at colleges and universities across the country.”

The school's notable alumni include Meryl Streep, Frances McDormand, Angela Bassett, Paul Giamatti, Lupita Nyong'o, among other graduates in the arts and entertainment industries.



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Former Fresno correctional officer sentenced for sexual relationship with inmate

FRESNO COUNTY, California. (KSEE/KGPE) - A former correctional officer at the Fresno County Jail has been sentenced for a sexual relationship she had with an inmate while on the job.

A judge sentenced 27-year-old Tina Gonzalez on Tuesday in a Fresno County Courtroom to two years of formal probation and 210 days in jail.

The Fresno County Sheriff's Office says staff members had received a tip in December 2019 that a male inmate had a cellphone and was possibly involved in a sexual relationship with Gonzalez.

Following a search of the inmate's cell, investigators reported finding the cellphone and more evidence supporting the allegations made against Gonzalez.

The Sheriff's Office says Gonzalez began working as a correctional officer in September 2016 and resigned following an interview with detectives in December 2019.



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Ikea celebrates Pride with colorful 'Love Seats'

(WTRF) – Leather, suede, bisexual?

Bisexual isn't a term you typically see to describe couches, but it's one you likely won't forget.

Ikea has unveiled a collection of 10 "Love Seats" inspired by the different Pride flags.

"There’s more to Pride than a rainbow," Ikea said on its website. "That’s why we created Love Seats — a collection of IKEA loveseats inspired by the Pride flags of different 2SLGBTQ+ identities."

Each Love Seat slipcover, designed in an array of colors, was created by one of four artists in the 2SLGBTQ+ community.

“As a designer, I’ve always created items that allow for people to express themselves truly and I was so happy to bring that into these Love Seats,” artist Bianca Nachtman said in a statement. “Molding these couches to reflect someone's intimate experience was one of the most rewarding aspects of this project.”

The couches are described as "a platform to celebrate identity and share stories of love," Ikea said. They are inspired by flags representing transgender, pansexual, lesbian, nonbinary, gender fluid, bisexual and asexual communities. There are also flag designs for "2Spirt" (focusing on family support) and "progress" (focusing on community love).

"Each designer had the freedom to create a one-of-a-kind piece of art,” Claudia Mayne, Director, Marketing Communications at IKEA Canada, said in a statement. “This partnership is our way of helping artists in different communities express themselves on a large platform in a way that’s been tricky during COVID-19.”

Brian Lanigan, whose story is the inspiration behind the bisexual loveseats, explained the "Nobody Believes You" Love Seat on Twitter.

“The line 'when you change "or" to "and", nobody believes you' is from a poem I wrote in high school about bisexual erasure I experienced from an ex-partner and others,” he tweeted.

“I’m a spoken word poet and the hands are meant to represent the audience reaction, especially those of other bisexual folks who would approach me after performances and share their story with me,” he wrote.

The Love Seats, which are currently not on sale, are being displayed at select IKEA locations across Canada through the summer.



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Santa Clara firefighters warn of extreme fire danger ahead of July 4

SANTA CLARA COUNTY, Calif. (KRON) -- Fire officials are warning residents to avoid accidentally setting fires over the holiday weekend.

This year, the dangers of fireworks-caused fires is extreme because of California's drought.

Santa Clara firefighters say there is extreme fire danger particularly in the east foothills.

Officials warn that one spark can have disastrous consequences.

The National Fire Protection Association reports two out five fires on the Fourth of July are caused by fireworks. Fifty-nine percent are reported grass fires.

For example — Vallejo firefighters battled a brush fire two weeks ago. It burned ten acres, multiple homes were threatened and it was likely caused by giant sparklers.

Officials expect more people to gather this Fourth of July now that much of the state is vaccinated and businesses are open.

Here are a few tips to enjoy fourth of july:

  • Only buy state fire marshal approved fireworks
  • Have water or a hose nearby incase of a fire
  • Don't attempt to relight or fix fireworks
  • Use safer alternatives like glow sticks confetti poppers or colored steamers

The best way to stay safe and celebrate Fourth of July is by attending a professional fireworks display.



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Actor Allison Mack faces sentencing in NXIVM sex-slave case

NEW YORK (AP) — TV actor Allison Mack, who played a key role in a scandal-ridden, cult-like upstate New York group, is facing sentencing Wednesday after pleading guilty to charges she manipulated women into becoming sex slaves for the group’s spiritual leader.

Mack — best known for her role as a young Superman’s close friend on the series “Smallville” — is set to appear Wednesday in Brooklyn federal court. She’s expected to seek credit for cooperating against NXIVM leader Keith Raniere and taking responsibility for helping him create a secret society of brainwashed women who were branded with his initials.

Devoting herself to the self-improvement guru “was the biggest mistake and greatest regret of my life,” she wrote in a letter filed with the court last week.

“I am sorry to those of you that I brought into NXIVM," she wrote. "I am sorry I ever exposed you to the nefarious and emotionally abusive schemes of a twisted man.”

Under advisory sentencing guidelines, Mack would face between 14 and 17 1/2 years behind bars. Her defense team has argued in court papers that probation or a sentence to home confinement is more appropriate, and prosecutors have agreed that any prison term should be below the guidelines range because of her cooperation.

“The NXIVM saga and the story of Ms. Mack’s descent have been a tragedy for all involved. But that need not, and should not, be the end of the story for Allison Mack,” her lawyers wrote in court papers.

Mack, 38, was once part of the inner circle of Raniere, whose group attracted millionaires and actors among its adherents. Prosecutors said she became a “master” for “slaves” she ordered “to perform labor, take nude photographs, and in some cases, to engage in sex acts with Raniere.”

As authorities closed in on Raniere, he fled to Mexico with Mack and others to try to reconstitute the group there. He was arrested and sent to the United States in March 2018; Mack was arrested a few days later.

“Ms. Mack now understands that this was the best thing that could have happened to her at that time,” the defense papers say.

Mack provided information to prosecutors about how Raniere encouraged “the use of demeaning and derogatory language, including racial slurs, to humiliate ‘slaves,’” the government papers said. More importantly, she provided a recording of a conversation she had with Raniere about the branding, they added.

The branding should involve “a vulnerable position type of a thing” with “hands probably above the head being held, almost like being tied down, like sacrificial, whatever,” Raniere told her. The women, he added, “should say, 'Please brand me. It would be an honor.' Or something like that.”

Raniere was sentenced last year to 120 years in prison for his conviction on sex-trafficking charges.



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LIVE: Hopes dim as 4 more bodies found, more than 140 still missing in Florida building collapse

SURFSIDE, Fla. (NewsNation Now) — Rescue crews searched on through the shattered ruins of a collapsed Florida condominium building Wednesday, with hopes of finding more survivors fading after nearly a week of probing and digging.

The bodies of four additional victims have been found in the rubble of a collapsed condo tower, raising the death toll to 16 people, a fire official told victims' families Wednesday. The bodies were found Tuesday night and have not been identified.

Miami-Dade Assistant Fire Chief Raide Jadallah said that in addition to those four bodies, crews also found other human remains.

More than 140 others are still missing and believed to be trapped in the rubble, in a disaster that could rank as the deadliest accidental structural failure in U.S. history.

The latest victim was identified Wednesday morning as 92 year-old Hilda Noriega, according to Miami-Dade police.

Authorities said their efforts were still a search-and-rescue operation, but no one has been found alive from the mounds of pulverized concrete, splintered lumber and twisted metal since hours after the collapse on Thursday.

Florida officials are set to hold a press briefing at 11:30 a.m. ET Wednesday. NewsNation will livestream the briefing in the player above.

Rescuers are using bucket brigades and heavy machinery as they work atop a precarious mound of pulverized concrete, twisted steel and the remnants of dozens of households. The efforts included firefighters, sniffer dogs and search experts using radar and sonar devices.

Miami-Dade Fire Rescue Chief Alan Cominsky said earlier this week that search personnel faced a daunting task while working in 12-hour shifts in the heat and humidity, hampered by intermittent showers and thunderstorms.

"That building collapsed almost in a footprint of where that building stood – we're talking about 12 stories, with subterranean garages all within that same footprint," Cominsky said.

"The way I look at it, as an old Navy guy, is that when somebody is missing in the military, you're missing until you're found, and we don't stop the search," Florida Governor Ron DeSantis told a news briefing.

"Those first-responders are breaking their back, trying to find anybody they can," he said.

Families, who’ve been gathered for nearly a week, are trying to hold on to the hope that brought them there.

Investigators have not concluded what caused nearly half of the 40-year-old Champlain Towers South condo to crumple as residents slept in the early hours of last Thursday.

“I understand the odds against us, however myself and my family are not ready to give up,” Rachel Spiegel said as she waits for word about her mother, Judy. “We’re not ready. I’m pulling my strength from the love I have from my mom, the love my kids have for my mom, and my poor dad – the best husband in the world.”

But a 2018 engineer's report on the 12-floor, 136-unit complex, prepared ahead of a building safety recertification process, found structural deficiencies that are now the focus of inquiries.

As recently as April, the condo association's president warned residents in a letter that severe concrete damage identified by the engineer around the base of the building had since grown "significantly worse."

President Joe Biden and his wife, Jill Biden, planned to pay a visit on Thursday to the scene of the tragedy in the oceanfront town of Surfside, adjacent to Miami Beach, the White House said.

The town of Surfside has a population of just over 5,000. The area is a mix of new and old apartments, houses, condominiums and hotels, with restaurants and stores serving an international combination of residents and tourists. The community provides a stark contrast from bustle and glitz of South Beach with a slower paced neighborhood feel.



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Authorities tracking mountain lion in Petaluma

PETALUMA (BCN/KRON) -- Petaluma police are investigating a confirmed sighting of a mountain lion seen east of U.S. Highway 101 and south of Corona Road late Tuesday.

It was spotted again around 6:15 a.m. on Wednesday moving westward up Hill Blvd, authorities said.

Police urge anyone who sees the mountain lion to not approach the animal and to call 9-1-1.

Copyright © 2021 Bay City News, Inc.



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San Jose council votes to rezone part of Berryessa Flea Market

SAN JOSE, Calif. (BCN) -- After months of planning and protesting, San Jose councilmembers approved plans to rezone part of the Berryessa Flea Market to build a new residential and commercial development near transit.

On Tuesday, the City Council unanimously approved the Berryessa BART Urban Village - a 3.4 million square foot plan that would create up to 3,450 homes near the new BART station.

The development shrinks the flea market to five acres - a third of its original size, leaving many of the 430 vendors worried that they will be squeezed out. 

The vote, which was scheduled for last week, was delayed after vendors started a 50-hour hunger strike demanding more time for negotiations between the Berryessa Flea Market Vendors Association, the Bumb family which owns the parcel of land on which the flea market sits and the city.

Councilmembers David Cohen, Raul Peralez and Magdalena Carrasco met with vendors and a representative for the Bumb family, Erik Schoennauer, last Friday in an effort to meet some of the vendor demands. 

Those negotiations resulted in $5 million from the Bumb family to help vendors with relocation fees - double the offer that was initially proposed. 

The plan to disperse the money would be deliberated by a flea market advisory group comprised of vendors, city officials and representatives from the market's owners, which has not been created yet.   Mayor Sam Liccardo also said he met with the Santa Clara Valley Transportation Authority to help identify more space to expand the flea market and accommodate more vendors.

In Liccardo's recent memo, he also requested the city to find alternatives, like using the space underneath the BART's elevated tracks on the weekends so vendors have more space and explore the possibility of using American Rescue Fund dollars, taxes from the development of the project and economic development grants to supplement the flea market vendor fund. 

"There could be a substantial possibility that we could accommodate all or nearly all the vendors who want to be there, certainly on the weekend," Liccardo said. 

Still, the latest agreement falls short of vendor demands, which requested $15 million and a 10-acre plot of land from the Bumb family. 

The Berryessa Flea Market Vendor Association also demanded three-year leases for current vendors, that they are given the sole right to represent retailers and rights to all logos, historical records and intellectual property related to the 61-year-old flea market. 

Those demands were not met but the Bumb family promised to not evict any vendors before the current flea market closes, to give first choice to move into the new flea market to current vendors and to offer rents comparable to other open-air markets.

The Bumb family will give the first $500,000 to the relocation fund by October and will give an additional $2 million when they issue a one-year eviction notice for vendors to leave the current flea market on or before July 1, 2023. The final $2.5 million will be given out on the current flea market's last day of operation. 

"It really is my hope that these families don't continue to live paycheck to paycheck, but rather see themselves as investors in their future," said Carrasco, who represents the district where many of the vendors live. "And the Bumb family, who has been successful, teach and guide them with principles they've learned from and impart that wisdom." 

The next steps will include creating the flea market advisory group. 

Peralez said the city is "setting up the bare bones today," and Nanci Klein, the city's director of economic development assured the council that the city would reach out to vendors and include them in the planning process.

Copyright © 2021 Bay City News, Inc.



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Man who recently lost wife, parents is missing in Florida building collapse

SURFSIDE, Florida (AP) — On a recent morning before communal prayers at a synagogue, Harry Rosenberg told a friend that his new beachfront condo in Florida offered a much-needed change of scenery after an awful year in which he lost his wife to cancer and both parents to COVID-19 in New York.

The home in Surfside was to be a gathering spot for visiting children and grandchildren, and his daughter and son-in-law were doing just that when they traveled to the condo last week from New Jersey to join him for the Sabbath.

Hours later, the building collapsed, and all three family members are missing in the rubble.

Their cascading tragedies — cancer, COVID-19 and now the flattening of the building — are reminders of the excruciating toll the collapse has taken on families after what was already a grief-filled year.

Elsewhere in the building, a woman also sought a fresh start in Florida after falling ill and recovering from COVID-19. Another man was visiting Florida to attend the funeral of an old friend who died after being infected, and a Colombian family was in Miami to get the vaccine.

“He told me, ‘It is the next chapter of my life.’ He went through hell. His parents passed away. His wife passed away,” said Steve Eisenberg, who saw the 52-year-old asset manager last week at the synagogue.

Rosenberg “came to Florida to breathe a little bit,¨ said Rabbi Sholom D. Lipskar, founder of the Shul of Bal Harbour, the synagogue he joined.

When the building tumbled to the ground, Rosenberg's daughter, Malky Weisz, 27, and her husband, Benny Weisz, 32, had just arrived for their visit on the second floor of Champlain Towers South. So far, 12 bodies have been recovered. Almost 150 people are still unaccounted for.

Described as a family man and observant Jew, Rosenberg had launched a young adult center for mental healing at a hospital in Israel in memory of his late wife, Anna Rosenberg.

Before his wife died last summer of a brain tumor, he spent three years taking care of her, a close friend said.

“He put his life on hold,” said Maurice Wachsmann, a friend of Rosenberg's for more than 30 years.

Months after her death came more heartache. His father died of COVID-19 in January, and weeks later his mother died of the same.

“It was extremely difficult," Wachsmann said. “He did everything for his parents. Family first, before everything."

Rosenberg decided to move to Florida, first renting smaller apartments and finally buying last month the larger condo in Surfside, north of Miami Beach.

Last week, Rosenberg traveled to New York for the baby-naming ceremony of his second grandchild and rushed back to Miami to prepare for his daughter and son-in-law's visit. She works as an auditor at a branch of the Roth & Co accounting firm in Farmington, New Jersey. Her Austrian-born husband works in finance.

In his short time in Florida, he was already known by people in the community. Fellow members of the synagogue and his family are now anxiously awaiting any news from the scene. In the pile of rubble, family and friends have spotted one remnant of his life at Surfside from afar: a white couch.



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Pfizer, Moderna vaccines likely to give long-lasting protection, study finds

(WTVO) – A new study suggests the Pfizer and Moderna COVID-19 vaccines set off an immune response that is strong enough to last for years.

The study, published Monday in Nature, found evidence that the vaccines induced a persistent immunity to COVID-19, and that those who received either vaccine may not need a booster shot.

That's assuming that the coronavirus and its variants do not significantly evolve, according to the study, led by researchers at Washington University School of Medicine in St. Louis.

"Anything that would actually require a booster would be variant-based, not based on waning of immunity," Dr. Deepta Bhattacharya, an immunologist at the University of Arizona, told The New York Times. "I just don’t see that happening."

Both vaccines were developed using mRNA technology, which gives the body's immune system instructions to identify and protect against foreign bodies such as the spike protein found in SARS-CoV-2, the virus that causes COVID-19.

Researchers found the immune cells created to fight the virus were present nearly four months after receiving the first dose of the vaccine.

"We found that germinal centers were still going strong 15 weeks after the vaccine’s first dose," said senior study author Ali Ellebedy, PhD. "We’re still monitoring the germinal centers, and they’re not declining; in some people, they’re still ongoing. This is truly remarkable."

According to the New York Times, scientists still don't fully understand why some vaccines induce protection that lasts a lifetime while others, such as the smallpox vaccine, require booster shots.

"If you’ve already been infected and then you get vaccinated, you get a boost to your antibody levels," said the study's co-author, Dr. Jane O’Halloran. "The vaccine clearly adds benefit, even in the context of prior infection, which is why we recommend that people who have had COVID-19 get the vaccine."



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As wildfires rage, Biden will raise federal firefighter pay

WASHINGTON (AP) — President Joe Biden is set to temporarily raise pay for federal firefighters to ensure that no one fighting wildland fires is making less than $15 per hour, according to a senior administration official.

Biden planned to announce plans for the higher pay -- and other moves to boost U.S. wildfire fighting capacity and prevention efforts -- as he holds a virtual meeting Wednesday with governors from Western states to discuss what is shaping up to be a torrid wildfire season. In addition, a huge swath of the Northwest is in the midst in one of the worst heat waves in recent memory.

Biden has expressed dismay at the starting pay for federal firefighters. Pay for new federal firefighters typically starts at $11 per hour to $14 per hour and they are overtime eligible, according to the Interior Department.

“That’s going to end in my administration,” Biden said during a visit last week to the Federal Emergency Management Agency for a briefing on natural disaster prevention efforts. “That’s a ridiculously low salary to pay federal firefighters.”

Western states have been parched by severe drought and record heat that has burned more than 2,000 square miles (5,300 square kilometers) this year. That’s ahead of the pace in 2020, which saw a near-record 15,000 square miles (40,000 square kilometers) burned as well as more than 17,000 homes and other structures destroyed.

The new approach to firefighter pay was laid out by by an administration official who briefed reporters on the condition of anonymity because the official was not authorized to publicly discuss the plan before Biden's announcement.

The pay raise will come in the form of retention incentives and by providing additional bonuses to those working on the front lines. More experienced permanent firefighters could also be eligible for a 10% retention incentive. Temporary firefighters will be eligible to receive some incentive pay under the plan.

The official said the White House would work with Congress to pass legislation to permanently increase pay for federal firefighters.

The U.S. Forest Service and Interior Department combined to employ about 15,000 firefighters. Roughly 70% are full time and 30% are seasonal.

The official said the White House also would use the governors’ meeting to detail plans to extend seasonal hiring of firefighters, hire additional firefighters and add surge capacity by training and equipping more federal employees and military personnel to support wildland fire fighting efforts.

U.S. wildfire managers had been considering establishing more full-time firefighting crews to deal with what has become increasingly a year-round problem in the West and pushing to make the jobs more attractive by increasing pay and benefits.

U.S. Forest Service Deputy Chief Christopher French testified last week before the Senate Energy and Natural Resources Committee that firefighters need more pay in recognition of the growing workload.

___

Associated Press writers Keith Ridler in Boise, Idaho, and Matthew Brown in Billings, Montana, contributed to this report.



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Delta variant prompts some U.S. leaders to call for return of masks indoors

CHICAGO (NewsNation Now) — Some state and local leaders are encouraging even fully vaccinated people to wear masks indoors to blunt a rise of the delta variant of COVID-19.

Monday, Illinois Gov. JB Pritzker said the variant was a "growing presence" and pleaded that the millions of unvaccinated Illinoisans roll up their sleeves. He also encouraged everyone to bring a mask with them when they leave their homes.

On Monday, the state reported 448 hospitalized patients who'd tested positive for COVID-19, down from 1,013 on June 1. About 40% of Illinoisans above the age of 16 are unvaccinated.

It came the same day as health officials in Los Angeles County, the country's most populated county, also strongly recommended their residents to mask up regardless of vaccine status.

“Until we better understand how and to who the Delta variant is spreading, everyone should focus on maximum protection with minimum interruption to routine as all businesses operate without other restrictions, like physical distancing and capacity limits,” the department said in a news release.

The Centers for Disease Control and Prevention has not changed its guidance: fully vaccinated people do not need to wear masks indoors. However, late last week, the World Health Organization suggested everyone wear masks as the variant cases grow.

Pritzker pointed to Israel, which has the greatest percentage of vaccinated citizens on the planet, as proof that the variant posed a risk to everyone. Israel reported 85 new cases the week of June 7, but it ballooned to 1,093 new cases two weeks later.

Yet, aside from reinstating the country's indoor mask mandate, Israeli leaders are preaching calm. Yoram Weiss, director of Jerusalem’s Hadassah University Medical Center, told the Washington Post Monday their COVID-19 ward was empty despite the rise in cases. The country has reported four COVID-19 deaths the entire month of June.

Even in Chicago, public health leaders are downplaying the WHO and Israeli shifts in mask guidance. Chicago Health Department Commissioner Dr. Allison Arwady said they would stick with CDC guidance.

"Since a vaccine was fully available 98% of our deaths 97% of our hospitalizations have been in people who were not fully vaccinated," Arwady said in a Facebook question and answer session Tuesday. "That has been holding even for the Delta variant."

The delta variant, first identified in India, is listed as a variant of concern on the CDC's website, and its variant tracker shows Missouri is seeing the biggest proportion of its cases from this mutation. The CDC believes it's more transmissible, but is not sure if it causes more serious disease.

"So far, studies suggest that the current authorized vaccines work on the circulating variants," the CDC's website reads. "Scientists will continue to study these and other variants."

The Associated Press contributed to this report.



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Colorado sisters are only patients in the world with rare genetic disease

CENTENNIAL, Colo. (KDVR) — Mariah and Mark Gillaspie couldn't have been more excited for the birth of their first daughter, Emma.

"I had the Pinterest-perfect nursery. I read books to my pregnant baby and bought the most expensive prenatal vitamins. You do all these things for your children expecting them to be healthy," Gillaspie said during an interview at her home on Tuesday.

Shortly after Emma was born four years ago, the couple one day noticed their baby had stopped breathing and turned blue, while crunching into a ball. They rushed her to the hospital where she was later diagnosed with infantile spasms. Infantile spasms have devastating consequences on a child's brain. 

"We started treatment immediately and were reassured when it initially worked, but Emma relapsed quickly. Each medicine we tried had worse and worse side effects," Gillaspie said. "I have so many memories of just, feeling numb, laying in the fetal position crying, mourning the loss of the child I thought I was having."

A year and a half later, the Gillaspie family wanted to try for another child. They became pregnant with Abby, who began to show the same exact warning signs Emma did as an infant.

"Our world flipped 180 degrees. We had no idea how to handle it," Gillaspie said.

After extensive research, doctors diagnosed both Emma and Abby with an ultra-rare genetic disease called THAP-12. They are the only two known patients in the world with the disease.

"It happens all the time. We have genes that mutate within our bodies, and some of them cause disease, and some do not," Gillaspie said. "Unfortunately, my husband and I each have a mutation on one copy of one gene. We happened to pass that broken copy onto both of our girls, which is so rare. The fact that he and I both had this mutation on one gene is really crazy."

Mariah Gillaspie explains how both of her daughters were born with the ultra-rare genetic disease that doctors are calling THAP-12.

The Gillaspie family became fighters for their girls, starting their own nonprofit, The Lightning and Love Foundation, to help raise money for rare genetic diseases — including the one affecting their family. 

"Our goal is to raise money for our disease. I want to save our babies," Gillaspie said. "If I can find something that takes away the pain, that's what I am fighting for."

Emma, now 4, and Abby, 2, suffer from constant seizures that can stop their breathing. Emma has to always wear oxygen. Developmentally, both girls remain under 3 months old and can only eat through a feeding tube. They have little use of their limbs and cannot hold up their heads.

There is no treatment and no cure for THAP-12. The family describes every day as putting a bandage on severe and chronic symptoms. Gillaspie currently works as a software engineer but went back to school to become a nurse to better help her children at home.

"I just hope they know how much I love them and how much my life is for them. I hurt when I see them hurting, and I want to take it away from them so badly," Gillaspie said. "I want them to be healthy and happy. I just hope they can feel my love."



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Vallejo police face conspiracy claim in shooting death of Willie McCoy

VALLEJO, Calif. (KRON) - There are new developments in the 2019 shooting death of Willie McCoy.

On Tuesday, a federal judge in the case issued a ruling that could prove huge for the McCoy family. 

That federal judge gave the green light for the family of Willie McCoy to move forward with a federal lawsuit against the Vallejo Police Department on claims the department conspired to kill him.

The hearing was held Tuesday in Sacramento.

In his decision, U.S. District Court Judge John Mendez said there was enough evidence to support the agreement of an element of conspiracy. 

Mendez went on to say that none of the officers who fired their weapons that day identified themselves prior to opening fire, or even warned McCoy that they would shoot. 

In February of 2019, McCoy was sitting in his car at a Vallejo drive-thru, when six officers fired 55-shots into his car, in less than four seconds. 

More than 30 of the shots hit McCoy. 

Six officers are named in the lawsuit, including former Officer Ryan McMahon who was fired by the department for violating department policies. 

In a statement, McCoy family attorney Melissa Nold said they were ‘happy with the ruling.’ Adding that ‘conspiracy is tough to prove in a civil rights case, but says this case was exceptional and that the officers' premeditated agreement to violate Willie's wrights was displayed for all of us to see.’

The city of Vallejo tried to get the claim dismissed, but was denied during the hearing. 

KRON4 has reached out to the city of Vallejo for comment on the decision. So far, we have yet to hear back.



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San Francisco Botanical Gardens issues coyote warning to visitors

SAN FRANCISCO, Calif. (KRON) - The San Francisco Botanical Gardens is warning visitors about active coyotes in the area, especially after an alarming encounter with two small children earlier this month.

Witnesses say a coyote there quickly approached a one-year-old and two-year-old before their parents and staff at the park jolted into action.

Animal care and control said they're aware of the encounter and concerned with the coyote's behavior. They believe it's been fed frequently by humans and no longer afraid.

Meanwhile, visitors say it's important to pay attention to your surroundings and follow a few steps to stay safe.

A frightening close call with a coyote in San Francisco.

Zoe Williams says that's how her friend who witnessed the recent incident describes it.

The sighting happened at the Botanical Gardens when two women brought their small children to the area to play. One of them described it as a traumatic encounter when a coyote quickly approached the two toddlers.

Thankfully, no one was physically hurt but now signs are posted at the gardens, warning visitors that it's coyote pupping season and there's an active coyote den in the area.

As newer parents, Cherrymae Jumoc-Casas and her husband JJ share concerns about possibly aggressive coyotes but say they've come to the park often enough to feel safe in situations as long as they're able to keep their distance.

Animal care and control says during pupping season, coyotes may act more defensive.

They say they're aware of the recent close encounter and are concerned about the coyote's behavior. They believe the coyote's been fed extensively by humans and therefore not afraid of them.

If you're aware of coyotes in your area, experts say you should not feed them and remove any attractions like food waste and pet food from an area. If you're approached, they say pick up small children and pets, act big, make loud noises and do not run.

San Francisco Animal Care and Control says they're currently consulting experts on next steps to ensure safety of both visitors and the coyotes at the Botanical Gardens.



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Tuesday, 29 June 2021

Police seek help finding 82-year-old man from Santa Clara

(BCN) - An 82-year-old man is missing Tuesday evening from Santa Clara and police are asking for help locating him, police said.

Chae Chol Sim was last seen walking in the 1900 block of Magdalena Circle at about 3 p.m.

Sim was wearing a navy windbreaker, blue shoes, and blue jeans. Sim has multiple health issues including Alzheimer's disease.

He is new to Santa Clara and does not drive or have a cellphone.

Anyone with information about Sim's whereabouts is asked to call 911 immediately.

Copyright © 2021 Bay City News, Inc.



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San Jose becomes 1st city in CA to pass sweeping gun reforms

SAN JOSE, Calif. (KRON) - The San Jose City Council has passed a series of new proposals aimed at reducing gun violence.

The plan will require gun owners to carry liability insurance and pay a fee to cover taxpayer costs associated with gun violence.

This comes just weeks after council members passed legislation requiring video and audio recordings of all retail gun sales in San Jose.

A unanimous vote by the city council results in San Jose becoming the first city in the state to pass sweeping gun reforms.

Gun owners will now need liability insurance and have to pay an annual fee to cover the cost of gun violence.

San Jose residents weighed in before the vote.

These new laws follow the May 26th mass shooting at a VTA railyard in San Jose.

Nine people were killed when VTA employee Samuel Cassidy shot them. Cassidy later turned the gun on himself when police closed in.

Ahead of Tuesday night's vote, a non-profit organization called the "Pacific Institute on Research and Evaluation" found between 2013 and 2019 city residents paid more than $440-million in gun violence response.

Mayor Sam Liccardo says the research will be used to help determine the fee the city will require gun owners to pay.

The new ordinances are expected to be challenged in court by gun advocates including the firearms policy coalition.

Some city leaders however are confident they'll withstand the opposition.

It's unclear when these laws will go into effect.



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Illegal fireworks spark fire danger in Bay Area

WALNUT CREEK, Calif. (KRON) -Law enforcement and fire departments in the East Bay have teamed up to crack down on people looking to possess, sell and release illegal fireworks.

This comes in the lead-up to the 4th of July, a holiday synonymous with fireworks and as the Bay Area deals with severe drought conditions.

Especially with the drought causing even more concern for a fire to rip through a community.

"Use of fireworks across the Bay Area would be a height of irresponsibly, nonetheless we see them and hear them going off."

Steve Hill with Contra Costa County fire protection district says the drought is upping the danger factor this year with fireworks.

"Conditions are ripe for a fire this year. It could spread, really fast and we are doing all we can."

Hill says a new ordinance in Contra Costa County helping them with investigations and arrest.

"The county passed an ordinance that if you are the host, we can go after you as well."

Hill says the message should be loud and clear, at this point.



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Bay Area home values rising: Realtor

SAN FRANCISCO, Calif. (KRON) - Zillow economist Nancy Wu says home values in the Bay Area are rising, with more than 2/3 of listed properties selling over the asking price within the span of a week.

She also notes inventory is increasing, with more properties being listed.

"Inventory is up 6% from April as of May, and up 25.6% from last year. But keeping in mind that a year ago, 2020 May, that was when the pandemic was taking full force and inventory was very low as people were taking their homes off the market in the bay area."

Wu says the fact that more properties are hitting the market now could be a good thing for buyers who have been frustrated by constantly being outbid by other people who are willing to go far above asking price and pay with cash.

"61% of homes sold above their list price in March, and that's compared to 46-percent that sold above list price in march 2020. so, a lot of homes in the bay area are selling above ask."

Oakland realtor and president of the bridge association of realtors, Jeffrey Neidleman says bidding wars and the reopening of the economy is leading to a recent decrease in buyers.

"We're seeing some buyer fatigue for sure."

A trend he expects may continue for a few more weeks before interest in buying picks up toward the end of summer - into the Fall.

Realtor Jeffrey Neidleman, "open houses are not as busy. we're seeing, perhaps, less offers coming in on properties."

Still, Zillow says Bay Area home values are up 3% in the past month.



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Gov. Newsom sues to be listed as a Democrat on recall ballot

SACRAMENTO, Calif. (KRON) — Gov. Gavin Newsom is suing his own appointed secretary of state to make sure his party affiliation gets on the recall ballot. 

Three words are at the center of the lawsuit between the governor and Secretary of State Shirley Weber: Party Preference: Democratic. 

They are the words Newsom is fighting to have either below or next to his name on the recall ballot, something the state's top elections official said she won't do without a court order. 

Newsom's legal team is asking for a Sacramento County judge to take immediate action by July 12. 

When Newsom first responded to the recall petition against him in February of 2020, he was required to say whether he wanted his party preference on the ballot. 

That's part of a state law he signed in 2019, allowing targets of a recall to have their party preference next to their names to provide voters with the information.

"It seems to me to be sort of common sense to allow the governor to indicate he's a Democrat," said Sen. Tom Umberg, D-Santa Ana, who wrote the law.

“I suppose there was going to be litigation no matter what,” the senator continued. “If the secretary of state had allowed the governor to indicate that he was a Democrat, then the opponents, or the proponents of the recall, would sue. Otherwise, the governor is now going to court to make sure that's clarified."

In the petition filed Monday, Newsom's lawyer wrote, “Due to an inadvertent but good faith mistake on the part of his elections attorney, Newsom timely filed his answer but did not include his party-preference.”

He argued Weber should accept his party preference because the recall has yet to be certified and an election date has yet to be announced. Newsom’s opponents also have yet to file their own official paperwork to get on the ballot. 

In a statement Tuesday, the secretary of state's office wrote, "The Secretary of State's office has a ministerial duty to accept timely filed documents. Acceptance of filings beyond a deadline requires judicial resolution."

A hearing date on this has not yet been set, but by asking for action by July 12, that could suggest team Newsom doesn't expect the recall date to be announced before then.



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