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As of Thursday night, 456 restaurant owners have joined a class-action suit against New York City and state over indoor dining, according to the attorney representing the restaurant owners.They're hoping a court order will get indoor dining back into New York City. That list now includes the father of superstar musician and actress Lady Gaga, who owns Joanne Trattoria on the Upper West Side."When it rains we gotta close," said Joe Germanotta. "Once it starts getting cold. The place will be empty."He's added his name to the billion suit.Germanotta says he's got the financial backing to keep his restaurant afloat but joined the lawsuit after seeing others having to close."It's so sad, because I'm watching some of my dear friends that own places, shut down," said Germanotta.Come this weekend, everywhere around the city will be open for indoor dining, including Long Island's Nassau County, Westchester and New Jersey."Not one public health official from the city has entered any of these restaurants to deem them dangerous," said attorney James Mermigis, who represents the restaurant owners."On this side of the border, in the Borough of Queens and throughout the five boroughs, what does the mayor and the governor say? 'You eat in the street.'," said Eric Ulrich, Republican New York City Councilman.City Councilman Justin Brannan, a Democrat, also wants to know why Long Islanders can eat inside and city residents can't."Tell us why, right now, I can go have a meal anywhere outside the City of New York indoors at limited capacity, but I can't do it here in the city, the five boroughs," Brannan said.New York Gov. Andrew Cuomo blamed New York City Mayor Bill de Blasio in a press conference Thursday, saying de Blasio needs to figure out how to enforce social distancing guidelines.""We are going to contact the speaker today, and say look, 'If New York City can say this many police, NYPD, can be put on a task force to monitor the compliance, that's something that we can discuss.'"The mayor says it's a health risk."I want to see how we can help them, but it has to be health and safety first," de Blasio said.Germanotta is urging lawmakers to get it together."Something has to be done. They're not listening, they're not hearing, they're just not being realistic," he said. "They gotta put themselves in our shoes — they're still getting a paycheck, these people are suffering." This article was written by Cristian Benavides for WPIX. 2486
A couple involved in a confrontation with a mother and daughter outside a Chipotle in Orion Township, Michigan, have been charged with felonious assault, according to the Oakland County Prosecutor's Office.The charges against Jillian Wuestenberg, 32, and her husband, Eric Wuestenberg, 42, were announced by Oakland County Sheriff Mike Bouchard on Thursday during a press conference, which followed video of the incident going viral. Wife, husband charged with felonious assault after pulling gun on a woman with her children Felonious assault is a four-year felony.The video shows a white woman pulling a gun on a Black mother and her daughter outside of a Chipotle in Orion Township on Thursday. During the press conference, Bouchard played four 911 calls from the incident, with some calls coming from bystanders. The video, posted by Takelia Shanee, has thousands of shares.Eric Wuestenberg, who worked for Oakland University in Veterans Support Services, was fired following the confrontation."We have seen the video and we deem his behavior unacceptable," a statement from the university read. "The employee has been notified that his employment has been terminated by the university."Oakland County Executive Dave Coulter released a statement on the incident.“I am deeply disturbed by an incident last night where a woman pointed a cocked gun at another woman during an argument," Coulter said. "This behavior is unacceptable. I wholly expect the prosecutor to bring charges that reflect the severity of the incident.”State Sen. Rosemary Bayer, a Democrat from Beverly Hills, also released a statement:“There is nothing acceptable about what happened in Orion Township last night at the Chipotle. It is abhorrent to think that some in this country have such a sense of self-righteousness and entitlement that the idea of pulling a gun out on an unarmed child and her mother is okay. It is not, and I condemn anyone who thinks otherwise. My heart goes out to Ms. Hill and her daughters, who may now forever be traumatized by this experience."The Rochester District Court will determine an arraignment date. This article was written by Max White and Cara Ball for WXYZ. 2270
Polk County Sheriff Grady Judd on Wednesday announced the arrests of three suspects in connection to a group of friends murdered during a fishing trip in Florida on Friday. Damion Tillman, 23, Keven Springfield, 30, and Brandon Rollins, 27, were all killed while fishing in unincorporated Frostproof on July 17. The sheriff's office arrested Tony "TJ" Wiggins, 26, his girlfriend Mary Whittemore, 27, and Tony's brother William "Robert" Wiggins, 21, in relation to the murders. Judd described Tony as "pure evil in the flesh" and said he has 230 previous felony charges. According to a press release, the sheriff's office found a Dollar General bag at the crime scene with a receipt from that day of the crime. Detectives went to the store and reviewed surveillance footage. The release says one of the victims, Damion Tillman, was seen in the video along with all of the suspects. According to the release, the cashier said Tillman was a regular at the store and mentioned that he was going fishing that night. The clerk told detectives the suspects heard Tillman say he was going fishing and that "Keven" would be there with him. Keven Springfield, 30, was another of the victims. The clerk heard the suspects talk about what they heard among themselves, the release says. Detectives said they also received tips that one of the suspects might be Tony Wiggins. On Monday, the sheriff's office served a search warrant on a piece of land in Lake Wales where the suspects were living. Tony and Whittemore lived in one travel trailer on the property and William lived in another trailer on the same property. During the search, detectives found two SKS rifles, two Mossberg shotguns and ammunition for both in a gun safe belonging to Tony. Tony was arrested for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon. Detectives also found ammunition during the search and compared it to shell casings from the crime scene. The ammo was sent to the FDLE and testing showed that it was the same as that fired from a Smith & Wesson handgun the night of the murders, according to a press release. Detectives say Whittemore bought the ammo found at the scene for Tony in Lake Wales on July 9. According to the release, the two are seen in surveillance video from the store and detectives found a receipt that confirmed the purchase. When all three suspects were interviewed, detectives say their stories contradicted each other. Whittemore admitted to buying the ammo and being with the brothers the night of the murder but didn't make any additional statements, according to authorities. When William Wiggins was interviewed again, detectives said he admitted to seeing Tillman, one of the victims, in the store. William told detectives when they left the store, his brother Tony directed him to turn onto a specific road instead of going home. According to authorities, while on the road two trucks that were occupied by the three victims passed the brothers. Tony told his brother to make a U-turn and follow them, according to authorities. William told detectives they followed the trucks to the crime scene area and that he stayed in the truck while his brother Tony got out and confronted Keven Springfield. According to a press release, Tony punched Springfield and accused him of stealing his truck. The release says the other two victims, Brandon Rollins and Damion Tillman, got out of their truck and Tony continued to yell at all of them. William told detectives he watched as his brother Tony shot all three victims, according to the sheriff's office. Judd said during a press conference on Wednesday that Tony shot the victims several times, the exact number is still being investigated. Sheriff Grady provides triple murder update | Press Conference Tony and his brother then picked up Tillman and threw him into the back of one of the trucks. After the murders, Judd said the three suspects drove to McDonald's and ordered 10 double cheeseburgers, and two McChicken sandwiches. They then went home and the next day William took his truck to a car wash to clean clay from it. The sheriff's office said on Saturday that one of the victims, Rollins, called his dad for help from the scene. When his dad got there, he found his son barely alive. Sheriff Judd said the victim's dad drove to a close-by gas station to call 911. Deputies responded and found all three victims dead. "This is a horrific scene, I've been to a lot of murder scenes in my life and this ranks among the worst I've been to," Judd said on Saturday. The three suspects are facing the following charges. Tony Wiggins First degree murder (Capital felony)Tampering with evidence (F-3)Possession of a firearm by a convicted felon (F-2)Possession of ammunition by a convicted felon (F-2)William Wiggins Tampering with evidence (F-3)Accessory after the fact of capital felony (F1)Mary WhittemoreAccessory after the fact of capital felony (F1)All three suspects have first appearance hearings at 1 p.m. on Thursday, July 23. WFTS' Emily McCain first reported this story. 5166
A Wilson County, Tennessee, woman is facing a lawsuit after she posted a negative review on Yelp about a middle Tennessee doctor in November. Kelly Beavers is accused of defamation and libel, and false light for a post she made about Dr. Kaveer Nandigam of Nandigam Neurology in Murfreesboro. Her Yelp review, which remained on the website three weeks after she originally posted it, said, "This "Dr's" behavior today was totally unprofessional and unethical to put it mildly. I will be reporting him to the State of TN Medical Review Board and be filing a formal complaint. How this guy is in business is beyond me. Since when did they start allowing Doctors, to throw a complete temper tantrum in front of Patients and slam things when they get upset? He does not belong in the medical field at all." On November 27, the attorney for Nandigam Neurology filed a ,000 lawsuit against Beavers and her friend's son who posted a negative review on Google as well and has since been accused of conspiracy. Beavers said he wrote the review after he overheard her conversation. The lawsuit said the review "contained false, disparaging, and misleading statements." The lawsuit also suggested that the second defendant "was specifically recruited" by Beavers to post false and misleading statements. The plaintiff is also demanding Beavers to remove the post and for the court to issue an injunction to prohibit any further statements against Nandigam Neurology. As of this week, Nandigram Neurology only has Beavers' review and another post that gave the business five stars. Meanwhile, the company has 4.3 out 5 stars from the 21 reviews on Google. "Just in shock, I can't believe it," Beavers said. "They just don't want any negative reviews and they don't want people to talk about or give a bad review." Beavers said she has no regrets leaving the review on Yelp despite the legal action against her. She claimed she posted the review after what she called a disrespectful and shocking experience. After being referred to Nandigam Neurology, Beavers brought her 67-year-old father for dizziness and memory loss, which may have been early signs of dementia. There have been prior interactions with the staff but never with the doctor until the last visit. Beavers says the interaction seemed fine at first, but that said the doctor then threw a temper tantrum and slammed his clipboard when he realized she was recording the appointment on her cell phone, which is something she has done with other doctor visits. "Sometimes we all have things we forget, so that's why I record every doctor's visit. I want to make sure that I'm doing everything right," she explained. "He literally snapped and demanded my phone." Since Tennessee is a one-party consent state, she could record on her phone without the need for permission. Nevertheless, she claims she deleted the recording after he demanded her to. Later that day, an office employee called her to get her version of the story and deemed it was likely a miscommunication. The employee said phones were not allowed in the office, and the situation could have been mitigated if there was a prior notice to record. Beavers believed she should have been taken aside to address any concerns. Ken Paulson of the Free Speech Center, a nonpartisan educational institution that teaches how the First Amendment works in society, said there always needs to be a conscious effort to differentiate between stating an opinion or fact on platforms like Yelp. Words like unethical, dishonest or lying have the potential to damage a reputation or business if believed widely. "Don't state things you cannot back up. It's okay to say you didn't like this pizza or the anchovies were terrible because that's opinion, but you can't say they can't make this pizza without washing their hands. It's a difference in expressing an opinion and damaging a business or person," Paulson said. In reality, lawsuits like what Beavers is facing could be disputed in court and avoid the judicial process under the newly enacted Tennessee Public Participation Act otherwise known as an Anti-SLAPP (Strategic Lawsuit Against Public Participation) legislation. The act hopes to prevent filing lawsuits as a form of intimidation and protect First Amendment rights, and has slowed down what was a common type of lawsuit in the past. "It allows you when you're sued to go to a judge and say, 'This is nonsense, they're just angry, I didn't cause any damage, will you dismiss this?'" Paulson explained. "They have to prove in the long run that you damaged them and spoke untruths." A judge is there to weed out cases that have no merit but if it is not dismissed, will still have to go through the judicial process. Speech Defense and Anti-SLAPP Lawyer Daniel Horwitz expressed his approval for the legislation when it was passed. He said an overwhelming majority of defamation and other speech-based lawsuits are not filed because a person has suffered an actual legal injury. Horwitz claims the purpose is to punish people for lawfully exercising their right to speak freely about a topic that the suing plaintiff wants to censor. “Tennessee’s new anti-SLAPP statute was specifically designed to punish abusive litigants who file baseless claims against people for exercising their First Amendment rights. The Yelp review is not even conceivably tortious, and the defendants should not give in to a bogus lawsuit like this one. Instead, they should fight back, get the plaintiff sanctioned, and make the plaintiff pay their attorney’s fees under the newly enacted Tennessee Public Participation Act," Horwitz said in a statement to NewsChannel 5.Beavers said she plans to a hire a lawyer and fight the lawsuit. Meanwhile, a request for comment for Nandigam Neurology has been left. 5817
A now-5-year-old pit bull is back home with its owner after disappearing two-and-a-half years ago."This is a picture of her on the couch on Christmas," said Savannah Rastrelli, as she reminisced about her dog, Sugar. "This was in 2016."Rastrelli said one day after roaming their 45-acre lot, Sugar never returned."I posted on Martin County lost and found pets, lost and found pets of the Treasure Coast," said Rastrelli.Nobody ever answered the plea for help until this week, when the Port St. Lucie Police Department received a call of a stray dog.The dog was wandering around the 1400 block of Southwest Del Rio Boulevard, more than 20 miles from where Sugar disappeared."It really is remarkable," said Port St. Lucie police Sgt. Keith Boham.Boham said animal control officers were able to scan Sugar's microchip and identify the owner. Derek Lowe "With a microchip, we have the ability to scan the dog or pet and locate you in the event that your animal goes missing," said Boham.Now reunited with her long-lost furry friend, Rastrelli said their story is proof that even when all hope is lost, it can still be found."I'm really happy we were able to get that call," said Rastrelli. "It's like we have a light back into our lives, a nice light." This story originally reported by Derek Lowe on wptv.com. 1360