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WEST PALM BEACH, Fla. — There were plenty of Palm Beach County residents opposed to a mask mandate. Now some of them are suing to stop it.A lawsuit filed Tuesday in Palm Beach County court seeks injunctive relief to overturn the county's order.Attorneys representing Palm Beach County residents Rachel Eade, Carl Holme, Josie Machovic and Robert Spreitzer claim the new order requiring that masks be worn in public places infringes upon the constitutional rights of the plaintiffs.The 37-page lawsuit, filed by the Coconut Creek-based Florida Civil Rights Coalition, argues that the plaintiffs and other residents are having their "well-settled constitutionally protected freedoms" violated, including their "constitutional and human right to privacy and bodily autonomy."The lawsuit goes on to say that the county, having no authority to do so under Florida law, "has recklessly required countless American citizens and Florida residents," including the plaintiffs, "to submit to dangerous medical treatments with well-known risks and potential for serious injuries and death, including being forced to wear harmful medical devices like masks."Palm Beach County commissioners unanimously voted last week in favor of the mask mandate to help prevent the spread of the coronavirus amid a recent surge in cases throughout the county and state.The lawsuit takes aim at the "ridiculously vague" language of the order, which attorneys for the plaintiffs claim forces residents and visitors "to guess at the meanings and be subjected to punishment and criminal consequence."It also chastises the order's exemptions "because it arbitrarily and absurdly discriminates against anyone over the age of 2 years old, and countless citizens" who don't meet the "unlawful order's vague and ambiguous exceptions."The lawsuit berates county leaders for not clearly defining terms like "businesses or establishments" and "persons" as it is written in the order."Are non-citizens included?" attorneys wrote. "One is only left to guess, which is why the unlawful order is void for vagueness."Attorneys for the plaintiffs argue that a permanent injunction "will serve the public interest.""Millions of Palm Beach County residents and visitors are burdened by the over-reach of their local government in a fashion not before seen in the history of Florida," they wrote, adding that residents are "unduly burdened" by this violation of their rights. "The public has a strong interest in protecting their rights and ability to control their own bodies in the workplace and in public."Palm Beach County State Attorney Dave Aronberg said during a news conference Friday that commissioners do, in fact, have the constitutional authority to mandate masks."Obviously, those individuals who claim that they know the First Amendment have obviously never read the First Amendment," Aronberg said. "Because it is within the authority of the County Commission to put forward a mask ordinance. They have the authority under state law. They have the authority under the Constitution."The lawsuit seeks expedited consideration because the order is currently in effect. A written response by the county is required within 20 days of the filing.Several studies show that a mask or facial covering limits the wearer from spreading airborne droplets when speaking, sneezing or coughing. The coronavirus can live outside the body in these droplets for several hours and, in turn, infect other people — even before the person who spread the droplets has exhibited symptoms of COVID-19.Earlier this year, the Centers for Disease Control and Prevention (CDC) issued guidance that strongly recommended all Americans over the age of 2 wear masks in public, particularly in situations that would make social distancing impossible.This story was originally published by Peter Burke on WPTV in Palm Beach, Florida. 3872

When you think of police officers, you may think of the badge or the local precinct may come to mind, but a lasso?“You got to have a lasso in a small town,” Sgt. Jace Peterson said with a laugh.Sgt. Peterson says it is an item he never leaves home without. Home is Nephi, Utah and it has been most of his life.“Oh, I was a good kid who got in very little trouble,” Peterson said.Nephi is a "blink and you miss it" stop along Interstate-15 between Salt Lake City and Las Vegas.Sgt. Peterson is just one of 10 full-time officers.“I just patrol all the corners of town, backstreets and the main thoroughfares,” he said.A disorderly conduct call sometimes comes in the form of a farm animal.“We’ve had cows and goats,” Peterson said. “I mean you name it and they run loose around here.”Sgt. Peterson knows he is just one call away from a surprise class reunion.“It makes it entertaining when you stop somebody you know or you’re on a call with somebody you went to high school with,” he said.Life moves at a slower pace in these parts. It is a stark contrast from what officers in major cities across the country are dealing with.“The rioting and the protest,” Sgt. Peterson said slowly shaking his head. “I mean, it starts to wear on you a little bit and know that other officers aren’t as lucky as we are.”The Nephi Chief of Police echoes those sentiments.“You know, the great thing is I had the big city policing experience when I was young,” said Chief Mike Morgan. “When I was young, I could get out and do the things that needed to get done and I was able to learn; that experience brought me here.”Like Peterson, Chief Morgan has come home.“There’s no place like home,” Chief Morgan said with a chuckle.The move from big city life means big changes.“There are no protests at all down here,” Chief Morgan said.The department is prepared for the day some of the bigger city issues may creep into town.“We’ve got all the equipment I could ever ask for and it’s such a great community,” Sgt. Peterson said.Even a worldwide pandemic is not affecting the small-town police force much.“I mean, we know it’s there and we know it’s just one bad day away, but until then, we’re just going to sort of enjoy it,” Sgt. Peterson said. 2231

WEST SENECA, N.Y. — Prosecutors have charged a West Seneca man with criminally negligent homicide after a dispute over wearing a face covering left an 80-year-old man dead.Donald Lewinski, 65, of West Seneca, was taken into custody Monday following an incident on Sept. 26 at Pamp's Red Zone Bar and Grill.According to Erie County District Attorney John Flynn, Lewinski got into a verbal confrontation with Rocco Sapienza — another regular at the bar — after Sapienza noticed Lewinski was not wearing a mask while bringing buckets of beer to a band playing outside.At one point, prosecutors said Sapienza got up and confronted Lewinski. That's when Lewinski stood up and pushed Sapienza "hard" with both hands, the D.A. said. Sapienza fell back and hit his head on the ground.Sapienza was taken to Erie County Medical Center, where he was unresponsive for four days. He died on Sept. 30.The cause of death is blunt force trauma to the head."We are all deeply saddened by the loss of Rocco. He was a part of our Red Zone family and loved by all," the owner of Pamp's Red Zone released said in a statement. "Our deepest sympathies go out to Rocco's family."Lewinski is set to appear in West Seneca Town Court Tuesday night.A celebration of life for Sapienza will take place Tuesday at 11 a.m. at the Southtown Christian Center.This story was originally published by WKBW in Buffalo, New York. 1398

White House press secretary Sarah Sanders privately berated the White House communications and press staff Friday after a leak the previous day of comments by aide Kelly Sadler about Sen. John McCain, according to several sources familiar with the meeting.In discussing McCain's opposition to CIA nominee Gina Haspel, Sadler,?a special assistant who handles surrogate communications for the White House, said in a private meeting Thursday that it doesn't matter "because he's dying anyway." It was a joke that fell flat, a White House official told CNN. 571

WICHITA, Kan. (AP) — An Ohio gamer upset about a .50 bet while playing Call of Duty: WWII online was sentenced Friday to 15 months in prison for recruiting a prankster to make a bogus emergency call that resulted in the fatal shooting of a Kansas man by police.Casey Viner, 19, of North College Hill, Ohio, also is restricted from gaming activity for two years while he is on supervised release after serving his prison term, U.S. District Judge Eric Melgren said in announcing the sentence.Viner repeatedly gulped and appeared crestfallen as the judge announced his sentencing decision. He glanced into the courtroom gallery where his parents were seated. His tearful mother got up and left the courtroom. His father, an Ohio law enforcement officer, put his head into his hands.Viner pleaded guilty in April to felony charges of conspiracy and obstruction of justice in the hope that he would not be sentenced to prison. Viner admitted trying to hide his involvement in the 2017 incident when he realized the antic had gotten someone killed.In a brief courtroom statement, Viner told the judge he is "awfully sorry" for what happened: "I never intended for anything to happen. I think of it every day."Prosecutors and defense lawyers in their plea agreement had recommended a sentence of two years on probation, with the added condition that Viner be confined for six months to his home unless attending school, work or church. They also jointly recommended the gaming restriction.But Melgren said a prison sentence was required to reflect the seriousness of the offense and give the public a sense the criminal justice system is working. It was foreseeable that something bad could happen by calling an armed police force to respond to what police believed was an escalating situation of violence, he said."We impose sentences not only for what people intend, but what happened," Melgren said.The death of 28-year-old Andrew Finch in Wichita, Kansas, drew national attention to "swatting," a form of retaliation in which someone reports a false emergency to get authorities, particularly a SWAT team, to descend on an address.Viner himself had been swatted just 20 days earlier to the Kansas incident, his defense attorney Jack Morrison, Jr. told the court. He said Viner is remorseful, noting and he lost about 20 pounds in recent months "on reflection of the gravity of what occurred as a result of what he believed to be a harmless prank."Authorities said Viner recruited Tyler R. Barriss to "swat" an opponent, then 19-year-old Shane Gaskill, in Wichita. But the address they used was old, leading police to Finch, who was not involved in the dispute or video game.Gaskill, who had previously given his old Wichita address to Viner, was charged as a co-conspirator after knowingly giving Barriss the same former address and taunting him to "try something."Barriss, a then 25-year-old Los Angeles man with an online reputation for "swatting," called police from Los Angeles on Dec. 28, 2017, to falsely report a shooting and kidnapping at that Wichita address. Finch was shot by police when he opened the door to see what was happening outside.Viner had just turned 18 about two weeks before the deadly swatting incident, and Assistant U.S. Attorney Debra Barnett argued probation would give him a better grasp of what he has done and would be a first step in helping him to grow up."At his age and his youthfulness, I am not sure he is going to get it if he is sitting in a cell block with people who are more hardened, more experienced than he is," she said.The federal indictment alleged that a forensic examination of Viner's iPhone recovered his deleted outgoing messages to unknown persons, including one in which Viner allegedly wrote: "I was involved in someone's death."Finch's family has sued the city of Wichita and the officers involved. Police have said the officer who shot Finch thought he was reaching for a gun because he moved a hand toward his waistband. The local district attorney declined to charge the officer.Gaskill has struck a deal for deferred prosecution that could allow the charges against him to be dropped.U.S. Attorney Stephen McAllister said outside the courthouse that a distinguishing factor in the government's handling of the prosecutions of the two gamers is that none of this would have happened if Viner had not reached out to Barriss and started the whole process.Barriss was sentenced in March to 20 years in prison after pleading guilty to 51 counts for making fake emergency calls and threats around the country, including the deadly hoax call in Kansas. Prosecutors believe it is the longest prison sentence ever imposed for "swatting."___This version of the story corrects the age of Gaskill at the time of the swatting to 19 in paragraph 11 and Barriss' age at the time to 25 in paragraph 13. 4857