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The founder and CEO of a fitness business in Phoenix says he intends to file a lawsuit against Governor Ducey in response to his executive order closing select businesses.The executive order said that as of 8 p.m. Monday night, gyms, bars, waterparks and tubing areas will all have to close to try to help slow the spread of the coronavirus.Tom Hatten, Mountainside Fitness CEO, said during a press conference Monday that the governor’s move is "arbitrary" and lacks clarity.“If this is truly as bad as we are being told, I don’t think health clubs closing tomorrow is going to solve the problem. I don’t think tubing is going to solve the problem,” Hatten said. “I don’t think closing a movie theater that hasn’t been open is going to solve the problem.”Hatten also called for unity from the governor, saying that if the governor is serious about coronavirus, the executive order shouldn't be limited to bars, gyms, and movie theaters.A representative for Mountainside Fitness says several other large gyms are taking part in the lawsuit as well, though that has not been confirmed with the other gyms.Dozens of members showed up to work out at Mountainside Fitness as soon as it opened Tuesday morning.Those like John Kiesewetter say they agree with the CEO's reasoning to remain open if other businesses aren't also forced to close. He says regular physical activity puts them in a better position to beat the virus."It seems to be unfair that things like casinos are still open but gyms, they are not. So, anyone who's healthier, who keep our distance, are the people who go to the gym and clean our equipment, so I think it was the right decision," Kiesewetter said.Governor Ducey said Monday that local authorities will have the ability to enforce the new rules, with a focus on educating the public.This story originally appeared on abc15.com. 1859

The CDC could take over handling COVID-19 data coming in from states and medical facilities again, according to media reports.This week, during a briefing on a visit to Arkansas, Dr. Deborah Birx said the CDC is working "to build a revolutionary new data system so it can be moved back to the CDC" for tracking COVID-19 treatment, patients and PPE needs, according to the Wall Street Journal.The CDC’s National Healthcare Safety Network site had been tracking COVID-19 cases and data since the pandemic started.Then, abruptly in mid-July, hospitals and states were asked to stop using it and send their information directly to Health and Human Services, and a new database created by private contractor TeleTracking.The request was initially made in an effort to cut down on duplicate requests and minimize the reporting burden on hospitals and facilities.However, many hospitals, state officials and journalists noted the numbers in the new system seemed incomplete and the database was slow to update.The CDC is reportedly working with the U.S. Digital Service, according to the WSJ, an agency set up during the Obama administration to help improve HealthCare.gov, the marketplace for insurance plans that are part of the Affordable Care Act.There was no timeline mentioned as part of Dr. Birx’s comments, according to NPR. 1333

The country is heading into a COVID-19 winter without fully deploying widespread testing of sewage for traces of coronavirus, a Newsy investigation has found.Wastewater surveillance is one of the few proven tools able to track community spread of the disease, with the potential to help monitor immunity rates from new vaccines."It is frustrating," said David Larsen, an associate professor of public health at Syracuse University's Falk College. "We're going to see a huge amount of sadness over the next few months. And it's not too late to scale up wastewater surveillance at this time to help us with that."Early on, scientists realized infected people shed the virus in stool.The federal government began a big effort for analyzing the concentration of the virus in community wastewater."It's something I think from a national level we need to pursue," Assistant Secretary for Health ADM Dr. Brett Giroir said during a July webinar.Months later, the government has left it to state and local authorities to launch their own programs.For some, that's been a challenge.Newsy learned New York State, for example, suspended its sewage surveillance pilot after a month in part because of an equipment shortage.As a result, testing stopped in four places including Albany and Erie County, home of Buffalo.The University of Buffalo helped lead the project."UB is in the process of acquiring enough materials to continue the monitoring effort moving forward," university spokesman Cory Nealon said in an emailed statement.As with PPE, there is a global shortage of supplies needed to test sewage for COVID.Other places are struggling with how to pay for sewage analysis, with coronavirus aid from Washington running dry."The biggest factor, the limiting factor, is finances," Larsen said.The result is a patchwork of places examining wastewater across the country, mainly big cities and college campuses."It's not really a unified strategy, unfortunately," said Colleen Naughton, an assistant professor of civil and environmental engineering at the University of California Merced.She and her team plot testing sites on a map."When you zoom out of course the bubbles are big, so it looks like all U.S. is covered," Naughton said. "But when you zoom in you see it's a bit more spread out."Three states, Iowa, Rhode Island and South Dakota, don't have any surveillance sites at all, she said.Biobot Analytics looks for COVID in wastewater for about 200 cities and counties but has the capacity to do much more, said company president and cofounder Newsha Ghaeli."We're at the beginning, let's say that," Ghaeli said. "There hasn't really been a strong coming together yet around a specific approach or even standards."The CDC is still putting together a national wastewater surveillance system, building out a database not available to the public yet."It is, I think, valuable for the public to see that data and take action as a deciding factor for what activities and what risks am I going to take?" Naughton said. 3019

The Columbus Dispatch reported it obtained a copy of a police incident report where Courtney Smith, the ex-wife of now fired Ohio State football assistant coach Zach Smith, claimed that Ohio State lawyers told her not to press charges.The police report was obtained from an anonymous source and not directly from the Powell, Ohio Police Department. The Dispatch said that Powell Police Chief Gary Vest did not dispute the authenticity of the report. The report, which was dated Oct. 26, 2015, Officer Ben Boruchowitz of the Powell Police wrote, "The victim states that last year, the suspect choked her until she could not breathe. The victim states that the suspect tells her all the time that he will kill her.”In the report, according to the Dispatch, Courtney Smith told Boruchowitz that OSU lawyers were "convincing her to drop the charge because it would embarrass OSU if she proceeded with the prosecution.”After the Dispatch's report came out, Courtney Smith told ESPN that she had not seen a copy of the incident report, but that the claim that OSU lawyers told her to drop the charges was not accurate. OSU officials told the Dispatch it was unaware of the allegation and would investigate. Ohio State head football coach Urban Meyer, who was aware of the 2015 incident, did not fire Zach Smith until last month when he was made aware that Courtney Smith had filed a protection order against Zach Smith. Meyer claimed that because charges were not filed against Zach Smith, he was not obligated to notify Ohio State.After a three-week investigation, Meyer was suspended for three games for mishandling Zach Smith's employment with Ohio State. Meyer's boss, Athletic Director Gene Smith, was also suspended for two weeks by the university. To read the Dispatch's full report, click here.  1865

The focus of many protests going on around the country is centered around a number of topics. Social Injustice, police brutality, and, more specifically, victims of these, like George Floyd. While each topic is distinct, with its own intricacies, they generally all fall under the same umbrella of systemic racism.But what does that mean exactly?“I think of systems in play that keeps you from being great specifically because of your race,” R. Kweku Smith, a licensed psychologist said. “It’s something that holds you down in a way that appears to be invisible but has very visible results.”“It’s acknowledging the ways in which we have looked at race as part of the institutions that make up our lives,” Monique Liston, Chief Strategist at Ubuntu Research and Evaluation said. “There is no such thing as a race-neutral situation because race is so deeply embedded in what it means to live, to work, and to play. That’s what systemic racism is.”Liston has her Ph.D. in urban education. She says, as a Black woman, she experiences the effects of systemic racism regularly when people discount her expertise in the education field.“I say something about education and I have a Ph.D. in it and people will be like, I don’t think so,” Liston said of how people question her. “There is presumed incompetence, a presumed questioning. That assumption you don’t quite know what you’re talking about.”As a psychologist, R. Kweku Smith looks at the impact experiences, like the one Liston described, can impact the psyche of African Americans.“It weighs extremely heavy,” Smith said. “Part of that racial socialization, part of that talk is a speech that you have [growing up], that you have to be twice as good to get half as far. As a child, imagine the ramifications on your mind and thinking, you hear America is a place for the great, for the free, equal opportunity for all. It’s the contradiction living within it. To be in a place that’s most beautiful, the riches, all of the great things that come with America. Yet, the juxtaposition with all the ugliness that comes in, specifically the people who look [like me], it’s a hard thing to swallow.”Smith says there are examples of systemic racism in almost everything.“When you look at stillbirths, low birth rates, look at detentions and suspensions and special education,” Smith said. “Lower employment, underemployment, prison placement, early deaths. We rank high on all of those. Why is that? It’s systemic racism.”Both Liston and Smith acknowledge some people don’t believe systemic racism exists, despite pointing out the areas where African Americans are impacted disproportionately. They say, because white people don’t physically experience any of these issues on a wide scale, it’s hard to believe it’s true.“If it’s this invisible issue, you don’t have to deal with it,” Smith said. “It doesn’t seem real.”“It’s easy to acknowledge something doesn’t exist when it doesn’t affect you,” Liston said. “It’s denying air exists when I don’t see it. It’s like, OK. True. But, when I go through the science of why you’re breathing, air does exist. The same thing applies to systemic racism. The reason you’re not impacted by it is that it exists.”While Smith’s examples were some big picture issues facing people of color in health, education, and the prison system, Liston gave examples that are more personal and not as complex but still cause challenges.“People being judged by names on job applications,” Liston said. “A name similar to mine, Monique, might be something where, oh we can’t hire her. She’s not someone we’re looking for. Another one is addresses. When you have addresses on job applications, we don’t want someone represented from that neighborhood. It comes into inherently believing I’m incompetent because I'm Black.”Even daily tasks for women like Liston are impacted by systemic racism.“Is it easy for me to buy stuff for my hair at the store?” Liston said. “No. Is it easy for me to buy the makeup I want? Absolutely. If I needed something special for my hair, I had to go someplace else other than where my friends were going. It’s like the world is set up for me to be used to, not being catered to. That’s the difference. The world doesn’t cater to me and I’m used to it. The world caters to white folks and they’re used to that.”In order to better understand what systemic racism feels like, Liston gave the example of swimming.“Tell me about one of your experiences going swimming,” Liston said. “Then, someone says, no you didn’t. That’s not how it felt. That’s not what you experienced.”Liston says, that process repeats itself over and over for people of color. It can take a toll on them mentally, leaving to them feeling their experiences, opinions and really, their existence, doesn’t matter.Even though she joked around about how ridiculous some of her examples are, Liston says it causes a tremendous amount of pain for her. Humor is a coping mechanism for her but it shouldn’t be taken as a reason to further discount her experience as a Black woman.“It’s hard for white folks to reconcile that, amidst an anti-Black world, I can experience joy,” Liston said. “It’s hard to believe. Folks won’t take my story as seriously. [They’ll say], it can’t be that bad. You’re smiling. You’re happy. You’re enjoying life. It’s like, no. If I didn’t, the world would kill me.”It’s why she and Smith are so motivated to try and tear down systemic racism and make the world a more equitable place. Despite their own success, they feel an obligation to break down barriers they faced along the way to achieve that equity.“What you don’t recognize is the level of tenacity, resilience, perseverance to obstacles we have had to go through to be able to get to this point,” Smith said. “What would be the case if everyone had a truly level playing field? When you see systemic racism as a Black person who made it, you see all of your friends and families, who are just as talented as you, but maybe not as lucky to get a second or third chance. Or, maybe one of those obstacles got them in a way it didn’t get you.”In order to eliminate systemic racism and the problems it causes, Liston and Smith both just ask for empathy. To understand the white view of the world isn’t the view of every person in the world and the disadvantages they have faced are very real.“We have different ways oppression affects our lives,” Liston said. “In particular, talking to women, they can articulate what it’s like being in a male-dominated society. Let’s put race on top of that. Being able-ist. People with two arms and legs and can move about are living in a different world than folks who don’t have that. Including mental ability too. Being able to be in a space where that is questioned and adding the race question on top of that usually is the ah-ha moment for people. If it’s true here, it must be true in this circumstance as well.”In order to help, Liston suggests white people have more empathy and most importantly, believe their experiences."Follow and trust people of color, specifically Black women, when they tell you what the situation is," Liston said. "Trust it, read on it, and believe it. Then apply it to your own life. Second, unlearning and understanding what whiteness is. White folks don't do that. They want to learn about all of these culturally responsible things. Really, it's an opportunity for white folks to understand whiteness. If white people understand whiteness, the systemic racism issue can really be addressed quickly. Whiteness shapes the world we live in. Everything from the clothes we wear to what's popular on television or who is promoted at work, what names are popular this year. How the media even tells stories. Understand how whiteness was created, who was allowed to be white and how whiteness permeates society is really a great exercise for white folks to go through."This story was first reported by Shaun Gallagher at TMJ4 in Milwaukee, Wisconsin. 7976