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If not for an attorney taking her case pro bono, a Barberton, Ohio woman’s request for 40 cents nearly landed her a 30-day stay in jail and a 0 fine under the city’s strict panhandling ordinance.Enacted in 1980, that ordinance could be repealed by the city council next month. If not, the woman’s attorney has threatened legal action over the “unconstitutional” ordinance.In February, Samantha Stevens, a single mother of one, was asking patrons of a McDonald’s in downtown Barberton for 40 cents so she could cover bus fare. A city police officer then issued the woman a summons for soliciting alms — better known as panhandling. Under city ordinance, it is considered a fourth-degree misdemeanor, which carries a potential 30-day jail sentence and a 0 fine.Civil rights attorney Becky Sremack came across the incident by reading the police blotter in the local newspaper, the Barberton Herald.“I wrote her a letter and offered pro-bono legal assistance at that point,” Sremack said. “It doesn’t really add up to charge someone criminally for asking another citizen for a small amount of money.”Not only does it not add up, it’s also unconstitutional, Sremack said.Laws prohibiting panhandling in public places have been repeatedly deemed unconstitutional by federal courts because soliciting or requesting money is considered protected speech under the First Amendment.Last week, Sremack filed a motion to dismiss the charge against Stevens on the grounds that the city’s anti-panhandling ordinance was unconstitutional. City prosecutors have since dismissed the charge.“The fundamental problem is that the government does not have the right to ban solicitation in a public place,” Sremack said. “Solicitation of money asking someone for help is free speech and is protected along with every other type of speech. It’s a basic free speech issue. The Constitution has to apply to the poor as well as to the rich.”Sremack then took the matter a step further, penning a letter to Barberton city leaders that if the city’s anti-panhandling ordinance isn’t repealed within a reasonable amount of time, she would be filing a lawsuit against the city. According to police records, a total of 30 panhandling summonses have been issued since January 2017.“Criminalizing is going to do nothing to reduce the need amongst the poor for help, for assistance,” Sremack said. “These resources would be better put into programs that address the underlying issue.”City Law Director Lisa Miller told Scripps station WEWS in Cleveland on Tuesday that city leaders had begun the process of repealing the 38-year-old ordinance before Sremack sent the letter. The possible repeal of the ordinance could go before a city council committee on May 7th. A vote on the measure could come as early as May 14th.Craig Megyes, the president of the Barberton City Council, said he anticipates that the ordinance will be repealed.The possibly unconstitutional ordinance only applies to soliciting in public places like sidewalks and street corners. Private property owners still have the right to prohibit panhandling on their property.“The Constitution protects speech that we like as well as speech we don’t like,” Sremack said. “Simply being made uncomfortable by seeing a neighbor in need is not enough to call it a crime.” 3315

In California’s Coachella Valley, people are concerned about catching the novel coronavirus.“They’re scared; they’re freaking out,” said Jorge Garcia, who contracted the virus. “I was scared at first because you hear a lot of stories that people don’t make it, they get really sick.” A lot of people in the desert community, located about two hours east of Los Angeles, are getting sick.Local county health officials report more than 36,000 confirmed cases of coronavirus in the area and more than 680 deaths.Now, health experts say there aren't enough doctors and nurses to handle the spike in cases.“At one point we had over 90 patients in the hospital with COVID,” said Alan Williamson, MD, Chief Medical Officer at Eisenhower Health in Rancho Mirage, Ca. “I think we had about three beds available at our peak.”Williamson says his staff is overworked and pushed to its limits. And that bringing in traveling nurses to help lighten the load is no longer an option.“Because of national nature of this pandemic, all of those resources were basically tapped out,” he said.Now, help is on the way from the United States military.“The Department of Defense is committed to this fight,” said U.S. Army Major General Mike Stone, who is helping lead a joint military team to help civilian hospitals fight COVID-19.“We’re tailoring the force,” he said. “We’re giving exactly what’s required where it’s needed on the frontlines to save people’s lives.”To help slow the spread of this virus and provide relief for staff, Stone says the Department of Defense has sent nearly 600 health care workers from different branches of the military to support almost two dozen hospitals in California and Texas.“There is a lot of need and if we can save a life, that’s why we’re there,” he said.The cost of this mission has not been totaled, but Stone says the price is well worth it, as the military shows its commitment to the country.“When the chips are down, America always pulls together,” he said. “We’re here for however long it takes.” 2032

IMPERIAL, California (KGTV)-- As businesses in San Diego enjoy modified re-openings, the lockdown continues for our neighbors in Imperial County. Governor Gavin Newsom announced the decision Friday after the number of COVID-19 infections continues to rise.Former San Diegan, Bob Diaz, has called the small city of Imperial, 'home' since 1998. He says he loves desert landscapes, and the relatively quick drive to visit his family in San Diego. Since the quarantine began in March, he has not seen them at all."I wish I could," Diaz said. "There are so many parks, the beach, the downtown, the Embarcadero, places that I love to go. But you know what? It's not worth the gamble."The 66-year-old says because of his age, he is taking the lockdown seriously."I knew that the numbers were looking pretty ugly," Diaz said.Friday, Governor Newsom and state officials mentioned Imperial County's data in a press conference."I noted a positivity rate over a 14-day period in the state of California at 5.3 percent. The positivity rate over a 14-day period in Imperial County is approaching 23 percent," the Governor said.Imperial is one of 15 counties under the state's COVID-19 monitor list. For its 180,000 residents, there are less than 300 hospital beds."What if I need healthcare, and the beds are already full?" Diaz asked.That has become a reality for many. The Governor said that there have already been more than 500 patients who were transferred out to other counties in the last five weeks. Diaz thinks there is a large group of patients unaccounted for in the county's data: people who come into the US from Mexicali."There are over 1 million people across the border, and I know a lot of them come for their healthcare in the US. I was always kind of worried about that," Diaz said.That is why he says he is content with remaining on lockdown."If it has to be another six months, so be it," Diaz said. 1914

House Speaker Nancy Pelosi and Rep. Jamie Raskin, D-Maryland, introduced legislation Friday that establishes a Congressional commission that would be able to investigate a President's health under the 25th Amendment.While President Donald Trump's health has come into question following his COVID-19 diagnosis, Pelosi and Raskin insisted that while Trump's health prompted their bill, it would not be used to remove him from office.Instead, Raskin said the commission would be a bipartisan effort that would be set up in case the health of other presidents came into question.Passed in 1967, the 25th amendment to the U.S. Constitution spells out the presidential line of succession.The amendment has four sections:1- When a president dies or resigns, the vice president finishes the term.2- When there is a vice presidential vacancy, the House and Senate votes to confirm a replacement nominated by the president.3 - When a president needs to temporarily cede power, he or she can hand the duties to the vice president who then becomes the acting president.4 - The vice president and a majority of secretaries can vote to remove the president if the president is "unable to discharge the powers and duties of his office. The section also grants power to a body "established by Congress" to invoke the amendment and transfer power to the Vice President.Raskin said his bill would establish that "body" that could investigate the health of the president. For Congress to invoke the 25th Amendment, the Speaker of the House and the President pro tempore of the Senate must provide "written declaration" that the President is "unable to discharge powers and duties of his office." Sen. Chuck Grassley, R-Iowa, is the current President pro tempore and will unlikely make such a declaration. In addition, the President could object to the Congressional body's findings. Reports surfaced later on Thursday that the House is planning to introduce legislation to institute a commission to evaluate the president's health.Pelosi then criticized the White House for not stating the president last submitted a negative coronavirus.“I think that the public needs to know the health condition of the President. There’s one question they refuse to answer. Before he got the virus and admitted to it, when was his last negative test? When was his last negative test? To make a judgment on the actions that were taken after that,” Pelosi said.Editor's note: A previous version of this story incorrectly stated that Congress has no authority to remove the president under the 25th Amendment. 2582

I would like to extend my deepest condolences to the family members who died in a house fire in Green Valley Ranch overnight. I want to assure their neighbors and loved ones that we will move swiftly to determine what caused this tragedy.— Michael B. Hancock (@MayorHancock) August 5, 2020 297