Legalectric

Minnesota, as of this morning’s report, has had a cumulative 10,088 cases of COVID, with 534 deaths. Reopen? We’re not there yet!

There are a lot of loud demands to “REOPEN” the U.S., for reversal of the Governors’ Executive Orders declaring a “state of emergency” and closing most businesses. These loud demands are from a small minority, and have no basis in science or epidemiology, with no reference to any of the opening up procedures or plans that are out there. Even the White House criteria for reopen hasn’t been met — we have not reached peak here in Minnesota, numbers of confirmed new COVID cases are skyrocketing (again, Minnesota passed 10,000 cumulative cases today), and numbers of daily new cases are not decreasing.

These numbers are is evidence to support a more rigorous STAY HOME, protective measures, constant handwashing is easy enough, and firm enforcement of preventative measures, particularly no groups of folks from other households, and distancing and masking in public.

Here’s the screen shot of White House criteria, past peak and 14 days of decreasing new cases:

White House: Opening Up America Again

There also was a “plan” developed by the CDC that the White House is burying, and it’s not really a “plan,” it’s “Interim Guidelines” for a few types of businesses:

Minnesota’s DEED – Reopening a Business

Minnesota DEED – Can my business be open? Review the  guidance

Minnesota COVID-19 Preparedness Plan template – Word document | PDF

• Checklist guidelines for creating a COVID-19 Preparedness Plan – Word document | PDF

Wisconsin’s COVID-19 Badger Bounce Back

And here is Target’s plan for use by Target and as guidance for other businesses:

Minnesota Department of Health Guidance

University of Minnesota “Sunrise Plan”

And another, Illinois Gov. Pritzker’s “Restore Illinois” plan

And for those complaining about STAY HOME and the declared State of Emergency, “it’s taking away my rights,” here’s the Michigan decision which explains in clear terms the federal case law precedent and U.S. constitution about a Governor’s powers to protect public safety v. “rights” and “liberty.”

And Wisconsin’s “Reopen Guidelines”

Projected Delaware Phase 1 – June 1

Michigan Court of Claims Opinion and Order

Support of police, who day in and day out, night in and night out, do a very difficult job, is important.  That support is a long way from support, encouragement and attempted after-the-fact justification of police actions that are racist and unconstitutional, actions recognized near and far as problematic, illegal, and immoral.  There’s this facebook page called “We Thank Our Edina Police Department” that has gone way over the line in support of the unprofessional behavior of Edina’s Lt. Timothy Olson that has received nationwide attention.

Last night at Edina City Council mtg

In the New York Times:

Black Man Is Arrested While Walking, and Minnesota City Starts a ‘Conversation’

NYT quoting NAACP’s Nekima Levy-Pounds:

“In light of the egregious incident that happened, the city of Edina responded at the City Council meeting in a way that demonstrated a level of compassion, and they signaled that they heard what the people had to say,” she said. “I have not seen that happen in any jurisdictions that I have covered.”

The City fathers recognized that the arrest and treatment of Larnie Thomas was a problem and Chief of Police Dave Nelson, Mayor James Hovland, and City Manager Scott Neal issued a unified statement last week:

City of Edina responds to NAACP Minneapolis

PR shilling like this “We Thank Our Edina Police Department” try to spin with censoring, deleting, and blocking, but that is not going to stop progress, and only hurts the image of the Edina Police Department — this effort is as transparent as Mpls. Bob Kroll’s comments against the IACP head’s acknowledgement and apology for “historical mistreatment” — and so 19th Century.  Edina is ready for change, and orchestrated efforts like this only document the problem and show that change is needed.  A change is gonna come…

The City of Edina is working on the “next steps” and a timeline, and seeing this site, I’d guess their inbox and voicemail is full of nastiness and objections similar to what’s seen on the “We Thank Our Edina Police Department” facebook page.  Please send emails of support to the Mayor, City Council, and City Manager for their commitment to address racism:

mbrindle@EdinaMN.gov, kstaunton@EdinaMN.gov, rstewart@EdinaMN.gov, swensonann1@gmail.com, jhovland@EdinaMN.gov, Scott H. Neal <sneal@EdinaMN.gov

What’s the fuss all about?  The day before yesterday, this Post #1, below, shows up on the “We Thank Our Edina Police Department” facebook page.  These posts are used to cast aspersions on the “video woman” who edited the very end of her video to omit her name, address and contact info, and to blame the victim by posting his District Court record, which is irrelevant in stopping someone walking down the street.  They allow comments slandering Larnie Thomas, claims that he was “intoxicated” which he demonstrably was not; claim that he was “walking in the middle of the road” which he was not, and attempt to link other 911 calls.  They post a “full police report” which adds as “eyewitnesses” reports of officers who were not present at the scene and were not called to the scene by Lt. Olson until he’d grabbed Larnie Thomas!

The page is associated with the “Edina Crime Prevention Fund” , and here are their IRS Form 990s:

2012-237106953-09b8e7c3-z

2013-237106953-0aa98bd0-z

2014-237106953-0c17d410-z

My comments have been deleted (and they were oh-so-gentle), one in particular was hilarious.  From #3:

1 · 21 hrs

Kianta Hafling Carol, the mayor and city council never have been in a situation like police officers are in everyday. They’d have no clue what it’s like to have people show you their worst and be criticized for everything because of their uniform. It’s easy to judge something you’ve never done. It’s even easier to jump on bandwagons these days, I guess. Police departments around the country are hiring. Sign up. We could use some experts in the front lines.

12 · 21 hrs · Edited

Bev MomStrong Armstrong Love your response!!!!! 😉

21 hrs

To Kianta Hafling, I responded: “I am an attorney sworn to uphold the Constitution.  “It’s easy to judge something you’ve never done.”  (Dead air, but they deleted it this afternoon.  SNORT!)

Brent Yorkshire Carol, if you were truly a lawyer you would know the police would be subject to a “failure to act” lawsuit if they didn’t do something about someone creating a danger to themselves and others. Get a clue!!

3 · 17 hrs

Gene Thompson Vote TRUMP , bring law and order back to our country !

6 hrs

Folks, get a clue.  Posts like these three “SETTING THE RECORD STRAIGHT” on the “We Thank Our Edina Police Department” facebook page do not help at all.  The Edina Police Department doesn’t need “thanks” like that, and the world doesn’t need the waste of these electrons — your “support” hurts them.  With “friends” like this, who needs enemies.?  Think about it.  The City of Edina is under scrutiny, rightfully so.  The City gets it, and the City will have to do some soul-searching review and make thoughtful changes that will not be easy.  The whole world is watching.

Here’s what “We Thank Our Edina Police Department” facebook page, posts #1, #2 and #3 “SETTING THE RECORD STRAIGHT. SHARE THIS” have to say:

#1: SET THE RECORD STRAIGHT. SHARE THIS.
http://edinamn.gov/…/Incident_16003134_Redacted%20website.p…
An updated police report [HERE in case it gets disappeared:  incident_16003134] [note p. 5-6 & 8-18 state “”THE INFORMATION BELOW IS CONFIDENTIAL – FOR USE BY AUTHORIZED PERSONNEL ONLY”]  dated 10/21/16 includes 5 officer statements, 14 witness accounts, witnesses describing repeated behavior by subject later in the day on France Ave, corroborating Minneapolis 9-1-1 transcripts and a documented admission by the original videographer the video was edited to remove her name and number and everything afterwards before posting to YouTube and her reluctance to provide the police department with a full, unedited copy. There is certainly a lot to be learned by all parties. If you care about Edina and your Edina Police Department, then take 15 minutes and read this. Read this before you read anything else. SHARE these facts with your Twin Cities friends. SET THE RECORD STRAIGHT. We thank our police officers here at home and those around the country who protect and serve ALL OF US – regardless of Age, Race, Sex, National Origin, Religion, Disability, Pregnancy, Medical Condition, Marital Status, Sexual Orientation and the like – each and every day.

Then yesterday, #2 and #3.  First #2:

• Armed, Confederate flag-waving White Lives Matter protesters rally outside Houston NAACP

• White Lives Matter group protests outside NAACP in Houston’s Third Ward

• White Lives Matter protest staged outside Houston NAACP office

• Armed ‘White Lives Matter’ Group Protests Outside Houston NAACP

• ‘White Lives Matter’ Stages Armed Protest Outside NAACP

Can’t make this stuff up.  I wish they’d read their “pocket Constitution” and amendments.  How is NAACP related to their 2nd Amendment rights?  Let’s see a 1,000 word essay, due tomorrow!

Yesterday there are armed white folks in Houston, Texas, sporting guns and waving Confederate flags:

“Obviously we’re exercising our Second Amendment rights but that’s because we have to defend ourselves. Their organizations and their people are shooting people based on the color of their skin. We’re not. We definitely will defend ourselves, but we’re not out here to start any problems.”

Really… It’s a crucial distinction that they’re talking about “2nd Amendment rights” and not “1st Amendment rights” here, that their focus is on guns, and not speech.  At what point is inflammatory “speech” of flags and open carry in front of NAACP headquarters criminal incitement or terroristic threats?

Notice the “14 WORDS” sign.  Those “14 WORDS” are a fundamental slogan of white supremacists, originally from David Lane, The Order, The Silent Brotherhood, Bruders Schweigen: “We must secure the existence of our people and a future for White children.”  He also authored the “88 Precepts” while in jail serving his 190 year sentence.  Words like this should not be taken lightly.  The actions of Lane’s group included the machine-gun mowing down of Alan Berg, Jewish radio talk show host, armored car robberies and counterfeiting, racketeering, and conspiracy.  He died in jail.

Incitement is a difficult concept, much is allowed, and in reviewing Constitutional law on incitement, the key is to be vague, to use inference, to speak of possibilities, and that’s OK.  Urges to action NOW is another matter.  So thus far, these “protesters” (again, what exactly are they “protesting?”) seem to be within bounds, unlike Drumpf (one protester yesterday was wearing a Trump hat), who has gone over the edge with direct, targeted incitement:

Is Donald Trump inciting violence? He might be. – Slate