In the 22-page memorandum in opposition to the temporary restraining order filed by the Minnesota Attorney General’s Office last week, attorney Vincent J. Fahnlander asked a judge to deny the state’s request for a temporary restraining order.
The Minnesota Attorney General’s Office filed a lawsuit against Plainview Wellness Center and its owner, Brandon Reiter, on Nov. 24.
RELATED: Minnesota Attorney General’s Office files lawsuit against Plainview fitness center
The lawsuit alleged that Reiter’s fitness center is violating Gov. Tim Walz’s Executive Order 20-99 — which ordered that fitness centers and other places of entertainment close, and that bars and restaurants suspend indoor service, for four weeks — by remaining open past when the order went into effect.
Plainview Fitness Center has been in business since 2013. Earlier this year, Reiter reopened his gym on May 1, which was in defiance of the initial stay-at-home order.
“Rather than close again, Reiter choses to keep PWC open with even more safety protocols in place than the big box stores and other opened businesses are using,” the filing reads. “Mr. Reiter believes it is discrimination for the Executive Orders to close his small business, while large businesses, with frequent more and more close contact by shoppers, remain open.”
Arguing against the state’s request for a temporary restraining order, Fahnlander says the state’s argument that gyms and health clubs are a significant source of outbreaks has been “debunked.”
According to the AG’s filing, the Minnesota Department of Health’s contact-tracing investigations have shown that apart from long-term care settings, gyms are among the settings most frequently associated with COVID-19 outbreaks in the state. MDH has traced 49 outbreaks and 750 cases of COVID-19 to gyms in the state.
Fahnlander also argues that less-restrictive alternatives exist to protect public health. The filing cites research conducted by Mayo Clinic that concluded that mask wearing, social distancing and hand washing work well in halting or slowing the transmission of COVID-19.
If a judge were to grant the state’s request of a temporary restraining order, Reiter and his fitness center “faces irreparable harm,” he wrote.
“The State waves this away as ‘temporarily closing to the public for four weeks.’ However, in practice this is likely to mean irreparable injury to and perhaps even the death of Defendant’s business,” the filing states. “This is in addition to the detriments to the health and mental and emotional wellbeing of the people who depend on Defendant’s business.”
The filing also argues that Executive Order 20-99 is unconstitutional and the governor overstepped his authority and violated the separation of powers.
“The Executive Order violates Defendant’s constitutional rights, as some activity is allowed, while other activity of equal or more danger is barred,” the filing states. “There is no rational basis for treating the Defendant differently than the other indoor facilities in which people are allowed to gather. The State has provided no evidence that exercise has been shown to lead to an increase in Covid-19 transmissions, instead, relying on studies that examine completely
Lawsuit claims video shows Bishop’s Falls guards assaulting unconscious inmate in dentist’s chair | Canada | News
An inmate at a central Newfoundland prison is filing multiple lawsuits, including against corrections officers and a Gander oral surgeon, following an incident that reportedly happened at the surgeon’s office.
The Telegram has learned the man — an inmate at Bishops Falls Corrections Centre whose name is not being made public yet — alleges he was medically sedated at the oral surgeon’s office last month, when a corrections officer was video-recorded performing a dental procedure on him.
The video is believed to have been taken by another corrections officer, while two dental assistants were in the room at one point of the procedure.
The two corrections officers, who took the inmate to the oral surgeon’s office for an undisclosed procedure, were recently escorted out of the Bishop’s Falls facility by RCMP officers, a source told The Telegram earlier this week.
On Tuesday, both the RCMP and the Justice Department turned down requests for comment.
“My first reaction was shock and disbelief. With all due respect to my client. I thought it was incomprehensible and thought maybe he misapprehended what had happened.”
However, when contacted by The Telegram Wednesday, St. John’s lawyer Bob Buckingham confirmed he has been retained to represent the inmate and will file the lawsuit “fairly quickly” on his behalf.
“I haven’t heard of this happening in recent times in Newfoundland,” Buckingham said.
He said the lawsuits will claim battery, assault and breach of trust against the corrections officers; professional negligence and a breach of contract against the oral surgeon and the oral surgeon’s office; breach of trust by the corrections services and the provincial government, as well as vicarious liability against the provincial government, as it is alleged to have happened while corrections officers were on duty.
Buckingham said his client was unconscious at the time of the alleged incident, having been medically sedated, and had no knowledge of what happened when he left the dentist’s office a short time later. He said he learned about it and the video later from corrections administration.
“He understands one of the corrections officers took a video of this, which made the rounds within corrections services,” said Buckingham, adding that both the corrections administration and the RCMP are in possession of the video.
Buckingham said he was appalled to hear what the inmate says happened to him.
“My first reaction was shock and disbelief,” he said. “With all due respect to my client, I thought it was incomprehensible and thought maybe he misapprehended what had happened.
“It’s a very difficult set of circumstances to believe, given a professional involving a dentist and corrections officers who were there for his protection, and the inmate being under medically induced sedation.
“But types of egregious breaches of trust do happen in our province,” added Buckingham, who also represents the family of Jonathan Henoche, an inmate who was killed in segregation at Her Majesty’s Penitentiary in November 2019, in lawsuits against the corrections officers, the prison and the provincial government.
Ivanka Trump & Jared Kushner Threaten Lawsuit Over Billboards Criticizing Them for COVID-19 Response
TIMOTHY A. CLARY/AFP via Getty The Lincoln Project billboards in New York City
Ivanka Trump and Jared Kushner threatened to sue an anti-Trump group over billboards in New York City blasting the senior White House aides for their role in the government’s novel coronavirus (COVID-19) response.
The Lincoln Project, a group of anti-Trump Republicans focused on preventing Donald Trump’s re-election on Nov. 3, recently set up two giant billboards in N.Y.C.’s Times Square that feature the president’s 38-year-old daughter on one and her husband, 39, on another.
In the first billboard, Ivanka is seen smiling and gesturing toward a set of statistics that more than 33,000 New Yorkers and more than 224,000 Americans have died due to the COVID-19 pandemic.
As noted elsewhere, the photo used is the same one that Ivanka posted in a controversial tweet in July promoting Goya beans, which drew backlash from some who said the Trump administration was endorsing a specific company.
In the adjacent billboard, Kushner, who like his wife serves as an adviser to the president, can be seen smiling beside something that Vanity Fair quoted him saying during a meeting in March: “[New Yorkers] are going to suffer and that’s their problem.” (Kushner disputes saying this.)
The bottom of the billboard with his photo is lined with red-and-white body bags.
The billboards are set to remain through at least two days after the election, per The New York Times.
RELATED: CBS Airs 60 Minutes Interview with Trump — Including When He ‘Walked Out’ After Complaining About Tone
Alex Wong/Getty From left: Jared Kushner and Ivanka Trump
The couple was not pleased, according to an attorney representing them, who sent a letter on Friday to The Lincoln Project threatening a lawsuit if the billboards were not removed.
Marc E. Kasowitz, the lawyer, called the billboards “false, malicious and defamatory.”
Kasowitz also took issue with the juxtaposition on the billboards between the disputed Kushner quote and Ivanka’s gesture and the other elements tying them to the death toll from the pandemic.
Kasowitz described it as “outrageous and shameful libel.” (He did not immediately respond to PEOPLE’s request for comment.)
“If these billboards are not immediately removed, we will sue you for what will doubtless be enormous compensatory and punitive damages,” he wrote in his letter.
The Lincoln Project, which has built a major media profile (and raised millions) on a series of viral anti-Trump ads and other stunts, quickly posted his letter on social media instead.
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Later on Friday, the group shared its rebuttal on Twitter, calling the president’s daughter and son-in-law “entitled, out-of-touch bullies who have never given the slightest indication they have any regard for the American people.”
“We plan on showing them the same level of respect,” the group wrote in its response.