- After Wisconsin Governor Tony Evers (D) extended the state’s stay-at-home order until May 26, the state legislature issued a legal challenge against that extension.
- On Wednesday, the Wisconsin Supreme Court sided with the legislature, ending the order immediately.
- Many businesses, such as bars, later reopened the same night and saw crowds of people packing into small spaces without masks.
- This is the second time the Republican-controlled state legislature has used the Supreme Court to strike down Evers’ coronavirus-related orders.
Wisconsin Supreme Court Strikes Down Stay-At-Home Order
People in Wisconsin flocked to bars Wednesday night, many of them crowding into small spaces while leaving their masks at home.
The sudden pilgrimage to bars began almost immediately after the state’s Supreme Court struck down Governor Tony Evers’ (D) stay-at-home order.
Last month, Evers’ administration extended the state’s stay-at-home order from April 24 to May 26. Shortly after that, the state’s legislature brought forth a legal challenge against the state’s health secretary, Andrea Palm.
In that lawsuit, lawmakers argued that such long-term decisions on citizens’ lives should be decided by the legislature—not just Evers’ administration.
In court, an attorney for Evers’ administration argued that state law gives the Wisconsin health department the authority “to do whatever is necessary to combat a novel, deadly, communicable disease like the one we’re facing today.”
Right away, though, the situation wasn’t looking good for Evers’ or his administration. The seven-member Court is made up of five conservative and two liberal justices. On top of that, the legislature that brought the lawsuit is Republican-controlled.
In hearings last week, conservative Justice Rebecca Bradley compared Evers’ orders to Korematsu v. United States, a controversial U.S. Supreme Court decision during World War II to uphold Japanese internment camps.
“I’ll direct your attention to another time in history in the Korematsu decision, where the Court said the need for action was great, and time was short, and that justified—and I’m quoting ‘assembling together and placing under guard all those of Japanese ancestry in assembly centers during World War Two,” she said
Could the secretary, under this broad delegation of legislative power or legislative-like power order people out of their homes into centers where they are properly socially distanced in order to combat the pandemic?” she asked.
Even though the Court ultimately sided with the legislature, the decision was narrow with a 4-3 vote. That was because one of the court’s conservative judges broke to dissent with the majority opinion.
The Court’s justices wrote in the majority opinion that “in the case of a pandemic, which lasts month after month, the Governor cannot rely on emergency powers indefinitely.”
Still, the Court noted that it wasn’t challenging the governor’s power to actually declare emergencies.
In their dissent, Justice Rebecca Dallet said, “This decision will undoubtedly go down as one of the most blatant examples of judicial activism in this court’s history. And it will be Wisconsinites who pay the price.”
Notably, the Republican-controlled legislature asked the Court for a six-day hold on its decision so they could negotiate stay-at-home orders with Evers, but the court shot that request down, reopening the state immediately.
Bars Reopen to Crowds
To be clear, the Court’s decision only affects Evers’ executive order. Local municipalities can still issue their own stay-at-home orders.
In fact, at least five cities and counties have now announced they’ll be extending their stay-at-home orders, most of them until May 26th. That includes Brown, Dane, Racine, Milwaukee, and Kenosha counties.
Many more cities and counties, however, are now free of stay-at-home orders. Because of that, many businesses started to reopen almost immediately after the decision was announced.
Much of the coverage around reopened businesses seemed to culminate with bars, as many customers could be seen packing into small spaces. In these photos, masks are rarely or nowhere to be seen.
Bar owner Chad Ardnt told WISN that while he respects people’s decision if they don’t want to come back yet, he also said he decided to reopen because he hadn’t been able to pay his employees for two months.
In a separate interview, bar-goer Gary Bertram told WISN that it should be people’s choice where they want to wear a mask or socially distance.
“If people have an issue with social distancing, they should be able to be, you know, they can stay separate or stay home,” Bertram said.
That logic goes against warnings from the majority of health experts who have noted that the spread of the coronavirus isn’t really that simple. That’s because the people who are going out to bars are also likely going to the grocery store and seeing family. They can then unintentionally spread the virus to people at those places even if other people are social distancing and only going out when necessary.
Evers Blasts the Court’s Decision
As people flocked to those bars, Evers blasted the Supreme Court decision on MSNBC Wednesday night while speaking to Ali Velshi.
“Unfortunately, in this one fell swoop, four judges who didn’t really care what the statues talk about have thrown our state into chaos,” Evers said.
“We’re in the wild West, Ali,” he later added.
Taking a different tone, Wisconsin’s Speaker Robin Vos (R) and Senate Majority Leader Scott Fitzgerald (R) said in a joint statement that they urged the Evers administration to begin working with Republicans to begin drafting guidance in case the state sees a surge of COVID-19 cases.
“Wisconsin now joins multiple states that don’t have extensive ‘stay at home orders’ but can continue to follow good practices of social distancing, hand washing, hand sanitizer usage and telecommuting,” they added. “This order does not promote people to act in a way that they believe endangers their health.
President Donald Trump backed the Court’s decision Thursday morning, saying on Twitter that Wisconsin “was just given another win.”
“Its Democrat Governor was forced by the courts to let the State Open,” he said. “The people want to get on with their lives. The place is bustling!”
The Court’s decision highlights the current relationship between Evers’ administration and the legislature, which has been described as “bitterly divided.”
The legislature previously sued Evers for trying to delay the state’s April 13 primary, and like the decision being seen now, the Wisconsin Supreme Court sided with the legislature.
Before Evers took office in 2019, the legislature voted to strip power from the governor’s seat following his election win.
See what others are saying: (WISN) (The Washington Post) (Milwaukee Journal Sentinel)
Viral Photo of Crowded Reopened Georgia High School Sparks Concerns
- A viral photo showing students at North Paulding High School in Georgia walking in a crowded hallway without masks has sparked widespread concerns about schools reopening safely.
- According to BuzzFeed News, there is at least one football player that has tested positive for the coronavirus, as well as several staff members.
- Students who choose to not go to school can be suspended or expelled. Additionally, students who share content criticizing the school can be punished as well, and two have already been suspended for sharing photos of crowded halls, according to BuzzFeed.
- This school is just one of many in Georgia making headlines for seeing positive COVID-19 cases. In Cherokee County, there are four schools with confirmed cases that have forced dozens of students to quarantine within their first week back.
Viral Photo in North Paulding High School
When North Paulding High School in Georgia opened back up on Monday, kids were crammed in the hallway between classes, shoulder to shoulder, many without masks.
A photo that captured one of these crowded halls quickly went viral, prompting widespread outrage as it highlighted just one of several concerns many have about schools reopening throughout the state.
Paulding County Schools Superintendent Brian Otott addressed the photo in a letter early this week, claiming that it lacked larger context. Masks are not mandatory at North Paulding, as the school district said that the choice to wear a mask is a personal one, and claim enforcing a mandate is not realistic. Otott also said that students are not passing one another in the hallway to transmit COVID-19.
Health experts, however, do not believe this is true. With such close proximity and a lack of masks, transmission in situations like this is still possible. The school’s first day also comes as both new cases and deaths in the state of Georgia are in their peak. So far, the state has had a total of 186,395 cases and 3,899 deaths.
If that photo did not spark enough concerns, there is also already at least one confirmed coronavirus case on North Paulding’s football team. According to BuzzFeed News, footballers at the school are not the only ones at risk.
Teachers told the outlet that there are positive cases among the staff, including an employee who came into contact with most teachers while they were symptomatic. Still, the school will not confirm cases among employees for privacy reasons.
“That was exactly one week ago, so we are all waiting to see who gets sick next week,” one teacher told BuzzFeed.
Most who are nervous about attending school are left with essentially no other option than to face their fears and risk infection. Virtual learning was an option for students at North Paulding, but the limited slots filled up quickly. On top of this, BuzzFeed News learned from a set of parents who wanted to keep their son home upon seeing the photo, that any student who chooses to not attend school could face suspension or expulsion.
On top of this, the school made an announcement warning students that anyone who shared negative content about the school online would face disciplinary action. According to BuzzFeed News, two students have already been suspended for sharing now-viral photos of crowded halls.
North Paulding is not the only school in the state making headlines. In Cherokee County, a second grader tested positive for the virus on the first day of school. Now, their class of 20 students will be quarantining for 14 days.
On Wednesday, officials announced that three additional schools in the county had positive cases. Those cases involved a first grader, eighth grader, and Kindergarten teacher. Several students and staff at each of these schools now must undergo a two week quarantine as well.
Statewide, school officials are concerned about what the school year will look like.
“So long as COVID-19 runs rampant, there will be too many bodies in close quarters for us to co-exist in a traditional setting,” Dooly County Schools Superintendent Craig Lockhart telling the Atlanta Journal-Constitution. “We are not ready to return to in-person schooling and be highly confident that we can protect employees and students.”
But on the other side of this, there are parents and students eager to get back to in person classes, either because they trust their school district to handle things well, or because online learning at home just was not working well for them.
“There is a really strong case for trying to reopen schools because there are so many benefits, both for children, not only academic benefits but health and social-emotional health, and also for families, many of whom are trying to get back to work to restart the economy,” Charlene Wong, an assistant professor of pediatrics at the Duke School of Medicine also told the AJC.
Can Kids Spread the Virus?
Still, Wong believes that safety opening schools is complex and requires a multitude of safety measures. The risk is especially high because experts are still in the early stages of learning what role children play in spreading and getting this virus, especially in a crowded space like a school. Currently, most studies and research have not focused on children, so there is not enough data to prove anything just yet, despite the widespread belief that children are less likely to get and transmit the virus.
In fact, one case out of Georgia proves that idea wrong. One summer camp in Georgia was forced to close after there were 260 coronavirus cases on site, the majority of which came from people aged 17 and younger.
Another study done in South Korea concluded that while children nine and under do not transmit the virus as frequently as adults, the risk of them doing so still exists. That study also claims that people between the ages 10 and 19 actually spread COVID-19 at the same rate as adults.
See what others are saying: (BuzzFeed News) (Atlanta Journal-Constitution) (Washington Post)
NJ Woman Charged for Assaulting Staples Customer Who Asked Her to Correctly Wear a Mask
- New Jersey Police have charged 25-year-old Terri Thomas with second-degree aggravated assault for violently tossing a woman with a cane to the ground at a Staples store last Wednesday.
- Thomas attacked 54-year-old Margot Kagan for telling her to wear her face mask properly.
- Kagan, who police say had a liver transplant four months ago, was hospitalized and is recovering from a leg injury that required surgery as a result of the incident.
Police in New Jersey said Tuesday that they arrested and charged a woman caught on surveillance video attacking a fellow Staples customer who told her to correctly wear her mask.
The dispute happened inside a Hackensack Staples store last Wednesday when 54-year-old Margot Kagan was using the copy machine. Kagan, who police said had a liver transplant four months ago, noticed 25-year-old Terri Thomas walk by with her mask below her mouth.
Kagan told a local news station that she told Thomas, “You should really put a mask on,” and warned her that she was endangering everyone. However, the remarks made Thomas angry she reportedly began yelling.
The surveillance footage shows Thomas walking towards Kagan, who lifts her cane to keep Thomas away. Thomas then reaches for the cane and violently tosses Kagan to the ground.
Thomas walks out of view for a few seconds and when she returns, Kagan sticks her leg out to trip Thomas, but Thomas ultimately walks away unharmed and leaves the store.
Injuries and Charges
Kagan was hospitalized after the attack and police said she left with a fractured left tibia that required surgery. However, Kagan later told ABC 7 she suffered a broken knee and required a steel plate to be put in. She also claims she’s been told by doctors that she won’t be able to put weight on her leg for seven to 10 weeks.
As far as Thomas, police have charged her with second-degree aggravated assault and she was released on a summons pending a court appearance on August 24. In New Jersey, the charge is punishable by 5-10 years in jail, and fines as high as $150,000.
Hackensack police are encouraging anyone who witnessed the crime or have any information to reach out to them.
Aurora Police Apologize for Drawing Weapons on Black Family in Mistaken Stop
- Police drew guns on a Black family in Aurora, Colorado on Sunday who they believed were in a stolen vehicle, ordering the group out of the car and facedown down on the ground.
- The passengers were girls between the ages of 6 and 17 and video shows them sobbing in fear during the incident, with at least two minors in handcuffs.
- The adult female driver was able to confirm that the car was not stolen and police explained that the car had the same plate information as a car reported stolen in a different state. They also blamed the mixup on the fact that the family’s car was reported stolen earlier this year, even though Aurora police returned it back to them a day later.
- The city’s new police chief apologized and offered them therapy resources. She also said officers followed protocol but should be allowed to use discretion to deviate in situations like this and has ordered her team to look at new training practices.
Police in Aurora, Colorado apologized Monday for drawing weapons on a Black family after mistaking their car for another stolen vehicle.
On Sunday, August 2, Brittney Gilliam decided to take her 6-year-old daughter, 12-year-old sister, and 14 and 17-year-old nieces out to get their nails done. Gilliam told CNN that her niece had just gotten back in the car after looking to see if the nail salon they wanted to go to was open. At this point, she and the girls were parked in a parking lot with the car turned off.
That’s when Aurora police pulled up behind the vehicle with guns drawn. Then, police allegedly yelled at the group to put their hands out of the window and get out of the car.
She said the family exited the vehicle and were told to lay face down on the ground. At that time, police handcuffed Gilliam, her 12-year-old sister, and 17-year-old niece. Gilliam claims that police would not explain why she was pulled over until she was handcuffed. Then, they pulled her away to verify her claim that the car was not stolen as the children remained on the ground.
A bystander named Jennifer Wurtz began recorded the incident after the family was handcuffed. The footage is about 12 and a half minutes long, but a shorter minute in a half-second clip went viral on Twitter. That clip shows the minors facedown on the floor sobbing as police try to keep onlookers away.
Eventually, police sit the children up and in the longer video, Wurtz can be heard pressing the officers about why they had drawn guns on children.
Police repeatedly asked her to stop interfering, however, they did say she had the right to film. Wurtz stopped pointing the phone towards the scene, but continued to criticize the stop and asked for the officers’ names.
As frustration from onlookers grew, one officer explained that this was a “high-risk stop” and that police were following procedure.
The onlookers were still angry about the policy being used against children and became angrier after learning that the car was in fact, not stolen.
What Caused the Confusion?
As far as what the mixup actually was, Gilliam explained that she had reported her car stolen in February, but that case was cleared up. In fact, her attorney told CNN that when her vehicle was stolen, it was actually returned to her the next day by Aurora police.
In a statement late Monday, Intern Chief of Police Vanessa Wilson said that after the stop, police realized the car Gilliam was driving was not stolen. Instead, another vehicle with the same plate information but from a different state had been. The Associated Press reported that the vehicle was a motorcycle from Montana.
In her statement, Wilson said “The confusion may have been due, in part, to the fact that the stopped car was reported stolen. After realizing the mistake, officers immediately unhandcuffed everyone involved, explained what happened and apologized.”
“I have called (Gilliam’s) family to apologize and to offer any help we can provide, especially for the children who may have been traumatized by yesterday’s events,” she continued. “I have reached out to our victim advocates so we can offer age-appropriate therapy that the city will cover.”
Outrage and Apology
Still, that did little to put the community at ease, especially since the incident comes amid widespread frustration over how Black people are treated by police. Frustrations are especially high in Aurora, where police have faced security for the 2019 death of Elijah McClain. McClain was an unarmed Black man who was stopped by officers as he walked home after he was reported as a suspicious person in a ski mask.
During the confrontation, officers placed him in a chokehold and paramedics injected him with ketamine to sedate him. He then suffered a heart attack in the ambulance and was declared brain dead days later before being taken off life support.
Just last month, two officers were fired for reenacting the chokehold in a photo near the memorial site for Elijah McClain A third officer was fired for not alerting supervisors about the photo while a fourth resigned before a disciplinary hearing about the incident.
So this latest incident piled on the existing outrage against the local department and police policies in general. And many, including Gilliam, felt that the stolen car mixup did not justify how the young girls were treated.
“That’s police brutality,” she told KUSA. “There’s no excuse why you didn’t handle it a different type of way. … You could have even told them, ‘Step off to the side let me ask your mom or your auntie a few questions so we can get this cleared up.’ ”
In her statement, Chief Wilson confirmed that a suspect in a stolen vehicle is a high-risk stop, and said officers followed procedures they are trained to carry out. However, she added that the department, “must allow our officers to have discretion and to deviate from this process when different scenarios present themselves.”
Wilson added that an internal investigation into this incident has been opened and said she had directed her team to look at new practices and training. Her promises to reexamine department practices are especially significant because that same Monday night, Aurora’s city council voted to make Wilson the city’s permanent police chief.