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A federal judge ruled Monday Pennsylvania’s Governor Tom Wolf’s COVID-19 pandemic restrictions are unconstitutional.Four counties in the state filed a lawsuit claiming the governor’s orders closing non-life-sustaining businesses and limiting outdoor gatherings, and stay-at-home orders were unconstitutional. They stated the orders were "arbitrary, capricious and interfered with the concept of 'ordered liberty' as protected by the Fourteenth Amendment."Plaintiffs included hair salons, a drive-in theater, other businesses, as well as state representatives and congressman Mike Kelly.In his ruling, the judge says the governor’s actions likely had good intentions, “to protect Pennsylvanians from the virus," but that "even in an emergency, the authority of government is not unfettered."U.S. District Judge William Stickman IV ruling reads, “"(1) that the congregate gathering limits imposed by defendants' mitigation orders violate the right of assembly enshrined in the First Amendment; (2) that the stay-at-home and business closure components of defendants' orders violate the due process clause of the Fourteenth Amendment; and (3) that the business closure components of Defendants' orders violate the Equal Protection Clause of the Fourteenth Amendment."In his written opinion, Judge Stickman continued his explanation of his ruling."There is no question that this country has faced, and will face, emergencies of every sort. But the solution to a national crisis can never be permitted to supersede the commitment to individual liberty that stands as the foundation of the American experiment. The constitution cannot accept the concept of a 'new normal' where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures,” Stickman wrote."Rather, the Constitution sets certain lines that may not be crossed, even in an emergency. Actions taken by defendants crossed those lines. It is the duty of the court to declare those actions unconstitutional." 2007

A California teacher was arrested Wednesday after a video posted to Reddit shows her cutting students' hair while singing the "Star-Spangled Banner."Margaret Gieszinger, 52, was arrested and changed with abandonment and neglect of children.According to NBC News, Gieszinger is a teacher at University Preparatory High School in Visalia, California. The video shows Gieszinger in a classroom, cutting chunks of hair from a male students' head and throwing it behind her as she sings the national anthem.After cutting the boys' hair, she threatens to cut other students' hair.The College of the Sequoias Chief of Police confirmed to NBC News that the video was the reason for the arrest.Gieszinger is currently being held in the Bob Wiley Detention Center in Tulare County, California on 0,000 bond. She has a court appearance scheduled for Friday.  898

A Black man has filed a lawsuit against a gas station in Portland, Oregon claiming he was prohibited from buying gas because of the color of his skin, according to multiple media reports.Dominique DeWeese says he asked the attendant for a gallon of gas in a container back in July. According to the lawsuit, DeWeese says the attendant declined and allegedly implied he did not want to give DeWeese an opportunity to set fires.In Oregon, an attendant is required by law to pump gas, it is not self-service. “He asked if I was a Black Lives protester, rioter, kinda smirked and said ‘I’m not giving you any gas,’” DeWeese told KGW8 about the July incident.Portland has seen countless nights of demonstrations this year. They started in May, following the death of George Floyd at the hands of officers in Minneapolis.After the attendant declined to give DeWeese gas, he got out his cellphone and started recording. During the recording, the attendant tells DeWeese there are fires happening around Portland, “they get a can of gasoline and they start the fire,” the attendant says.“So, are you picking and choosing who to sell gasoline to?” DeWeese is heard asking on the video. The attendant said he was.DeWeese explains why he needs the gasoline, saying it's to put in the mole holes on his property that is just up the block from the gas station.The attendant says he will only give DeWeese gas if he can put it directly into a car or lawnmower, not a gas can.“I'm just doing my part to keep down the fires in town,” said the attendant.The attendant was reportedly let go after DeWeese’s video was shared widely on social media.DeWeese’s racial discrimination lawsuit was filed last week and is seeking 0,000. 1721

A federal court in Texas sentenced ice cream manufacturer Blue Bell Creameries to pay .25 million in criminal penalties for shipments of contaminated products linked to a 2015 listeriosis outbreak, the Justice Department announced Thursday.Blue Bell pleaded guilty in May 2020 to two misdemeanor counts of distributing adulterated ice cream products.The sentence, imposed by U.S. District Judge Robert Pitman in Austin, Texas, was consistent with the terms of a plea agreement previously filed in the case.“The results of this investigation reflect the determination of the Defense Criminal Investigative Service to hold companies that sell food products to the military accountable and ensure they comply with food safety laws,” said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office. “The health and safety of our service members and their dependents are of paramount importance.”The .25 million fine and forfeiture amount is the largest-ever criminal penalty following a conviction in a food safety case.“American consumers must be able to trust that the foods they purchase are safe to eat,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The sentence imposed today sends a clear message to food manufacturers that the Department of Justice will take appropriate actions when contaminated food products endanger consumers.”According to the plea agreement, Texas state officials notified Blue Bell in February 2015 that samples of two ice cream products from the company’s Brenham, Texas factory tested positive for Listeria monocytogenes, a dangerous pathogen that can lead to serious illness or death in vulnerable populations such as pregnant women, newborns, the elderly, and those with compromised immune systems.Blue Bell directed its delivery route drivers to remove the remaining stock of the two products from store shelves, but the company did not recall the products or issue any formal communication to inform customers about the potential Listeria contamination.Two weeks after receiving notification of the first positive Listeria tests, Texas state officials informed Blue Bell that additional state-led testing confirmed Listeria in a third product.Blue Bell again chose not to issue any formal notification to customers regarding the positive tests. Blue Bell’s customers included military installations.In March 2015, tests conducted by the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) linked the strain of Listeria in one of the Blue Bell ice cream products to a strain that sickened five patients at a Kansas hospital with listeriosis, the severe illness caused by ingestion of Listeria-contaminated food.At least three people in Kansas died as a result of the contamination, according to the CDC.The FDA, CDC, and Blue Bell all issued public recall notifications on March 13, 2015. Subsequent tests confirmed Listeria contamination in a product made at another Blue Bell facility in Broken Arrow, Oklahoma, which led to a second recall announcement on March 23, 2015.According to the plea agreement with the company, FDA inspections in March and April 2015 revealed sanitation issues at the Brenham and Broken Arrow facilities, including problems with the hot water supply needed to properly clean equipment and deteriorating factory conditions that could lead to insanitary water dripping into product mix during the manufacturing process.Blue Bell temporarily closed all of its plants in late April 2015 to clean and update the facilities. Since re-opening its facilities in late 2015, Blue Bell has taken significant steps to enhance sanitation processes and enact a program to test products for Listeria prior to shipment.This story was first reported by Anissa Connell at KXXV in Waco, Texas. 3865

A judge ruled Monday to consolidate the cases against University Hospitals in Ohio in the fertility clinic catastrophe that left 4,000 eggs and embryos destroyed.The ruling stated the decision was made because the lawsuits all have common issues and the parties are essentially the same; all the actions involved have a common question of law or fact regarding the March 3 incident at the UH fertility clinic. 422

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