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A Florida judge has denied a request for a temporary injunction to block the Palm Beach County mask mandate.Attorneys for a group of Palm Beach County residents filed a lawsuit claiming that the county's emergency order requiring masks in public places to help prevent the spread of the coronavirus was unconstitutional.Judge John Kastrenakes issued his ruling Monday morning."The right to be 'free from governmental intrusion' does not automatically or completely shield an individual's conduct from regulation," Kastrenakes wrote in his 13-page order. "More to the point, constitutional rights and the ideals of limited government do not absolve a cititzen from the real-world consequences of their individual choices, or otherwise allow them to wholly shirk their social obligation to their fellow Americans or to society as a whole. This is particularly true when one's individual choices can result in drastic, costly and sometimes deadly consequences to others."Kastrenakes went on to say that there is no "constitutional or protected right to infect others."Commissioners voted unanimously last month to approve the mask mandate, despite objections from an impassioned group of residents who spoke against such an ordinance.County Administrator Verdenia Baker last week extended the order for an additional 30 days. It now remains in effect until at least Aug. 23.Mayor Dave Kerner said Friday that the county is in the process of mailing about 3 million masks to residents."As this community tries desperately to navigate the tumultuous seas presented by COVID-19, it is reasonable and logical that our elected officials are throwing the citizens of Palm Beach County a lifeline in an attempt to ameliorate the spread of this deadly, unbridled and widespread disease," Kastrenakes concluded. "Based on the evidence, this court will not second guess the manner in which a co-equal branch of government sought to discharge its sacred duty to protect the general public."A statement from the Florida Civil Rights Coalition, which filed the lawsuit on behalf of the plaintiffs, said Kastrenakes "unsurprisingly" denied the motion, "paving the way for continued government tyranny under the guise of disease prevention in Palm Beach County."Attorneys for the plaintiffs argued during a hearing last week that the mask mandate infringes upon their clients' constitutional rights.In their statement, attorneys claim the ruling "disregards fundamental rights like freedom of speech and the right to medical self-determination protected by the Florida Constitution."The Florida Civil Rights Coalition plans to appeal the ruling. WPTV's Peter Burke was first to report this story. 2701
</p>Attorney William Burck told the judge it was vital to bar the media's access to the video before the court rules on its admissibility in trial.If the media is allowed to air the video now, but the court eventually rules the footage is inadmissible and the case still goes to trial, many potential jurors will have seen the video and will be tainted by evidence they weren't supposed to consider, Burck argued.The media coalition's attorneys argued that the public has a right to see the video and that Kraft does not enjoy the right to privacy as a defendant in a criminal case.In the documents filed Wednesday, State Attorney Dave Aronberg said he cannot wait for a ruling on Kraft's legal challenge."The legislative scheme of the Public Records Act does not allow a custodian to delay the production of records to allow the resolution of a constitutional challenge to the release of the documents," he wrote.The-CNN-Wire? & ? 2019 Cable News Network, Inc., a Time Warner Company. All rights reserved. 1032

Since January of this year, state regulators have approved about 100 rate hike requests involving dozens of property insurers.The insurance regulation office in Florida gave the green light to South Fidelity to raise their rates by about 30%. And regulators okayed a 30% rate hike for Capitol Preferred.Jupiter homeowner Heidi Epstein said her property rates shot up by 50% when her insurer stopped doing business in Florida. Protecting her property will now cost Heidi an additional ,500 a year."In the middle of a pandemic when everyone is not sure what their financials are going to look like, this is not the time to have everything going sky high," she said.The insurance industry blames the 2017-2018 storm season. Hurricanes Irma and Michael caused catastrophic damage and triggered more than billion in claims.Senator Jeff Brandes (R-St. Petersburg) says the storms and rampant lawsuits against insurance carriers are driving the steep hikes in rates."They are filing more and more lawsuits they know some of these insurance companies will settle, and ultimately those costs are passed on to homeowners," he said.Insurance Industry watchdog The Federal Association for Insurance Reform points to thousands of lawsuits filed by contractors. President Paul Handerhan says roofers, plumbers and others solicit homeowners through ads, calls or door knocks and convince them to file an insurance claim. Handerhan described the pitch to homeowners as: "Let us do a free inspection of your roof, let us go inside the property of your home to see if we can find any damages. We will file a claim on your behalf."Brandes says all those claims snowball and lead to premium hikes."You have hundreds if not thousands of people asking for new roofs then all of a sudden rates across the state begin to skyrocket."Pasco County homeowner Linda Cempe got a new roof after contractor Smart Storm Solutions cold-called her about possible storm damage. She said the roofer told her that "other than a minor deductible, the whole cost for the repairs, including the facia and soffits, would be covered."The I-team checked court records and found Smart Storm Solutions filed over 300 lawsuits against insurers, including Linda Cempe's carrier in 2019 alone.Smart Storm Solutions staff attorney Robert MacKinnon says the company will only canvas neighborhoods with known storm damage. He also said the company files cases when insurance companies refuse to pay the full cost of a claim."They are confirmed claims we are arguing over the extent of damages," MacKinnon said.Smart Storm Solutions also sued Larry Kohman's insurance company over his claim after cold calling the homeowner about roof damage.We checked and found court documents showing the Kohmans' insurer settled with Smart Storm Solutions over a year ago. But the contractor never returned to replace the roof."We don't sleep much," Larry said, who explained he and his wife constantly worried about the growing amount of water damage in their home caused by a leaky roof.Smart Storm Solutions' attorney blamed the pandemic for the delay in Kohman's case and apologized, saying the company should have communicated better. After we started asking questions, Smart Storm Solutions replaced the couple's roof.MacKinnon says the lawsuits his company is filing are needed to keep insurers in check and are not part of the rate hike problem.Brandes says insurance rates could double in the next three years over claims and litigation. He says he will propose legislative reform measures that would reduce attorney fees and route some lawsuits into mediation. He's calling on legislative leaders to take action before Florida homeowners face another round of rate hikes that many simply can't afford.Before your next insurance renewal date, shop around for a policy and get multiple quotes. You can also ask to lower your coverage limits and raise your deductible, but it will cost you more if you must make a claim. This article was written by for WFTS. 4028
Boeing is facing a growing number of lawsuits after 346 people died in two crashes involving 737 MAX planes. The family of one passenger, 24-year-old Samya Stumo, filed a wrongful death lawsuit against the company. “The potential of my sister and 156 others driven straight into the ground because of Boeing’s greed,” said Stumo’s brother, Adnaan, in a press conference. Kevin Durkin, an attorney representing Stumo’s family, says more than 20 whistleblowers have come forward, including pilots and Boeing engineers, who raised concerns about the plane and pilot training. “I think this plane, as designed, should never fly again,” Durkin said. “I think there has to be major changes in it that ensures it's safe.” Boeing is updating its software to fix the problem detected in both of the 737 MAX plane crashes. However, it's not just victims' families suing Boeing. The company’s own shareholders just filed a lawsuit, claiming the company put its profits ahead of airplane safety and honesty. Boeing has declined to comment on any lawsuits, but this month, its CEO promised safety is a priority. “When the MAX returns to the skies with the software changes to the MCAS function, it will be among the safest airplanes to ever fly,” said Boeing CEO Dennis Muilenburg.The 737 MAX was once Boeing's fastest-selling plane, but the company had zero new orders in the month of March for the plane, which remain grounded worldwide. 1440
Kyle Rittenhouse's attorney has filed a motion to dismiss two charges late Tuesday.According to court records, they seek to dismiss Possession of a Dangerous Weapon by a Person Under 18, and First Degree Recklessly Endangering Safety, Use of a Dangerous Weapon.Rittenhouse is facing a total of six charges, including two counts of 1st-Degree Reckless Homicide after prosecutors say he shot and killed two people and wounded a third during protests in Kenosha.Attorney Mark Richards argues in Tuesday's filing that possession of a dangerous weapon by a person under 18 should be dismissed because "the complaint [filed against Rittenhouse] fails to allege facts which could allow a reasonable person to conclude that a crime was committed."In regard to first-degree recklessly endangering safety, Richards writes that "no reasonable person could find that this crime was ever committed. Thus, the criminal complaint is defective and Count 2 should be dismissed." FILE - In this Tuesday, Aug. 25, 2020, file photo, Kyle Rittenhouse carries a weapon as he walks along Sheridan Road in Kenosha, Wis., during a night of unrest following the weekend police shooting of Jacob Blake. Rittenhouse's defense team has called him a member of a militia. Rittenhouse is accused of killing two people and seriously wounding a third.(Adam Rogan/The Journal Times via AP, File) The motion comes a day before Rittenhouse is set to attend his pretrial hearing in Kenosha County Court, on Dec. 3 at 10:30 a.m.Prosecutors allege Rittenhouse shot and killed Anthony M. Huber and Joseph Rosenbaum, and wounded Gaige Grosskreutz during protests in Kenosha on Aug. 25.Supporters of the Black Lives Matter movement paint Rittenhouse as a white supremacist and militia member. Rittenhouse and his attorneys argue that he acted in self-defense, an argument that has become a rallying cry for some on the right.If convicted, Rittenhouse could spend life behind bars.This article was written by Jackson Danbeck for WTMJ. 2040
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