Judge Denies Motion to Overturn Election

Judge Denies Motion to Overturn Election

by | Jan 5, 2021 | Regional News

Attorney General Dana Nessel

Media Contacts:

Ryan Jarvi
(c) 517-599-2746

FOR IMMEDIATE RELEASE:
Monday, Jan. 4, 2021

US District Judge Denies Motion to Overturn Election

LANSING – In a spirited opinion, US District Judge James E. Boasberg of the DC District Court today denied plaintiffs’ motion for a preliminary injunction in Wisconsin Voters Alliance et.al. v Vice President Michael R Pence et.al. Boasberg’s opinion concluded by saying that “the plaintiffs have established no likelihood of success on the merits here …”

In his opinion, Judge Boasberg said: “Plaintiffs’ aims in this election challenge are bold indeed: they ask this Court to declare unconstitutional several decades-old federal statutes governing the appointment of electors and the counting of electoral votes for President of the United States; to invalidate multiple state statutes regulating the certification of Presidential votes; to ignore certain Supreme Court decisions; and, the coup de grace, to enjoin the U.S. Congress from counting the electoral votes on January 6, 2021, and declaring Joseph R. Biden the next President.”

The action by voter groups and individual voters from the states of Wisconsin, Michigan, Pennsylvania, Georgia and Arizona was brought against Pence in his capacity as President of the US Senate, both Houses of Congress and the Electoral College itself, and several leaders of the five named states.

At the same time they filed their complaint, the plaintiffs also moved for a preliminary injunction that would enjoin the certifying of the electors from the five states and the counting of their electoral votes. The judge noted that: “In addition to being filed on behalf of Plaintiffs without standing and (at least as to the state Defendants) in the wrong court and with no effort to even serve their adversaries, the suit rests on a fundamental and obvious misreading of the Constitution. It would be risible were its target not so grave: the undermining of a democratic election for President of the United States. The Court will deny the Motion.”

The judge also noted that the Court had immediately directed the plaintiffs to file proofs of service and yet, 12 days later, the plaintiffs had failed to provide the court with any proof of notice, proof of service, or any explanation for why those were not forthcoming.

In a scathing conclusion, Judge Boasberg wrote:

“Yet even that may be letting Plaintiffs off the hook too lightly. Their failure to make any effort to serve or formally notify any Defendant — even after reminder by the Court in its Minute Order — renders it difficult to believe that the suit is meant seriously. Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures. As a result, at the conclusion of this litigation, the Court will determine whether to issue an order to show cause why this matter should not be referred to its Committee on Grievances for potential discipline of Plaintiffs’ counsel.”

A copy of the judge’s order can be found here.
Whitmer Proclaims January as Human Trafficking Awareness Month 

Whitmer Proclaims January as Human Trafficking Awareness Month 

by | Jan 5, 2021 | Regional News

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FOR IMMEDIATE RELEASE

January 5, 2020

Contact: Press@Michigan.gov

 

Governor Whitmer Proclaims January as Human Trafficking Awareness Month

 

LANSING, Mich. — Governor Gretchen Whitmer proclaimed January 2021 as Human Trafficking Awareness Month in Michigan and released a video urging people to educate themselves on how they can help prevent human trafficking.

 

“Human trafficking happens to children, women and men every day in our country and around the world,” said Governor Whitmer. “It is often a hidden crime that can take different forms including sex trafficking, forced labor and almost always involves the exploitation of our most vulnerable. I hope this month serves as a reminder and opportunity for each of us to learn about prevention efforts and ways to support survivors and their families. If you see something, speak up and contact the National Human Trafficking Hotline at 888-373-7888. Your call could save a life.”

 

In 2019 alone there were 22,326 victims and survivors of human trafficking. Organizations across the state are working daily to enhance awareness and increase prevention efforts.

 

The Michigan Human Trafficking Commission works in collaboration with agencies, organizations, and individuals across the state to address issues arising from human trafficking. The work of the commission works to coordinate and integrates a multi-faceted, statewide solution that includes health care providers, social workers, child advocacy groups, law enforcement, faith-based organizations, legislators, and the judiciary system.

 

The Commission is made up of 14 members appointed by the Governor and works to address human trafficking in Michigan by reviewing existing laws and proposing changes, raising public awareness of the issue, providing information and training to officials and other tasks. More information about the Commission can be found at the Attorney General’s website, MI.gov/humantrafficking.

 

To view the proclamation, click the link below:
All Michiganders Must Continue Fighting to Eliminate COVID-19 

All Michiganders Must Continue Fighting to Eliminate COVID-19 

by | Jan 4, 2021 | Regional News

Governor Whitmer: As Michigan Surpassed 500,000 Cases and Works to Distribute the Safe and Effective Vaccine, All Michiganders Must Continue Fighting to Eliminate COVID-19

Governor reiterates calls on the federal government to pass relief funding for states

 

LANSING, Mich. — Today, Governor Gretchen Whitmer released the following statement after the State of Michigan recorded its 500,000th confirmed case of COVID-19:

 

“Since the first cases of COVID-19 were recorded in Michigan, the vast majority of Michiganders have done their part to protect themselves, their families, and our frontline workers and small business owners. Now, there is hope on the horizon. My administration, led by Chief Medical Executive Dr. Joneigh Khaldun, has been working with local health officials and health care providers to begin distributing the safe and effective vaccine, starting with our most vulnerable populations like health care workers and skilled nursing home residents and staff. We must remember that it will take some time for the vaccine to be widely available to all Michiganders, and until then, we must continue to do our part to keep ourselves and our fellow Michiganders safe. That means masking up, practicing safe social distancing, and avoiding indoor gatherings where the virus can easily spread from person to person.

 

“I was proud to work with the Legislature to pass and sign a bipartisan $106 Million Relief Plan for Michigan workers, small businesses, and more. I proposed this stimulus plan to the legislature in November because I know how much our families, frontline workers, and small businesses need relief as we head into the winter. This bipartisan relief bill will provide families and businesses the support they need to stay afloat as we continue working to distribute the safe and effective vaccine and eradicate COVID-19 once and for all.

 

“We still need our leaders in Washington to pass a relief bill that includes federal funding for states to fund crucial services like police and fire, emergency responders, Medicaid, higher education, and more. These services could face cuts without help from the federal government. I will continue holding our leaders in Washington accountable.

 

“COVID-19 didn’t end with the new year. There is still more work to do to beat this virus, but I know that Michiganders are up to the challenge. Let’s harness our Michigan grit and eliminate this virus once and for all.”

Judge issues temporary restraining order against restaurant

Judge issues temporary restraining order against restaurant

by | Jan 4, 2021 | Regional News

Judge issues temporary restraining order against restaurant for not protecting staff and customers

For immediate release: Dec. 31, 2020

Media Contact:
Jennifer Holton, 517-284-5724
Jessy Sielski, 517-331-1151

LANSING, MI – Ingham County Judge Wanda Stokes has issued a temporary restraining order against Café Rosetta of Calumet for continuing to operate without a valid food service establishment license. Judge Stokes’s order comes after Café Rosetta disregarded an epidemic order from the Michigan Department of Health and Human Services, which included protections against the spread of COVID-19 such as a temporary prohibition on gatherings for indoor dining in the state, and a cease-and-desist order and summary suspension order issued by the Michigan Department of Agriculture and Rural Development (MDARD). Following an administrative hearing on MDARD’s summary suspension order earlier this month, an impartial Administrative Law Judge determined that the continued operation of Café Rosetta posed an imminent threat to the public health, safety, and welfare.

“We’re pleased that Judge Stokes has ruled in the state’s favor, not only for the health of our residents, but also for the sake of the industry as a whole,” said MDARD Director Gary McDowell. “Epidemic orders issued by the state are meant to be temporary, but they only work if everybody follows the same rules. There are thousands of Michigan restaurants, bars, and businesses trying to do right by their communities and fellow business owners, but their sacrifices must not be undermined because others ignore the law and make up their own rulebook during a pandemic.”

On December 2, after MDHHS issued its epidemic order, the Michigan Department of Agriculture and Rural Development—the state agency with authority to implement and enforce Michigan’s Food Law—determined that Café Rosetta’s continued operation created an imminent or substantial endangerment to public health and summarily suspended the operation’s food establishment license.

After a December 10 hearing, an impartial Administrative Law Judge found that MDARD’s summary suspension of Café Rosetta’s license should be continued. Despite the Administrative Law Judge’s decision and order—and despite Café Rosetta not having a valid food license—Café Rosetta has continued operating in violation of Michigan’s Food Law, MCL 289.1101 et seq.

When Café Rosetta continued to offer indoor dining after this ruling, MDARD submitted a motion for a temporary restraining order to the 30th Judicial Circuit in Ingham County.

The temporary restraining order reaffirms the decisions and actions of the state regarding Café Rosetta’s operations.

County Aggressively Used Federal Funds

County Aggressively Used Federal Funds

by | Dec 31, 2020 | Regional News

Coulter: County Aggressively Used Federal Funds In 2020 Pandemic Response

Pontiac, Michigan – Oakland County is utilizing all its $219 million received in federal Coronavirus Aid, Relief and Economic Security (CARES) Act funding in support of its pandemic response this year. This included more than $145 million in grants to help stabilize and support small businesses, residents, and communities in every part of the county. The grants have been awarded to more than 15,000 local businesses, which employ 65,000 people; 22 local chambers of commerce; 57 cities, villages, and townships, 278 non-profit and 31 veterans services organizations; 28 local school districts as well as retailers, restaurants, community centers, and more.

“Working with the Board of Commissioners we acted early to support our residents and businesses and never took our foot off the gas to ensure the federal funds received by Oakland County were fully utilized in our pandemic response.” County Executive David Coulter said. “It is vital that these efforts continue in 2021 as the challenge of vaccination delivery and economic recovery remain front and center.”

In 2020, Oakland County was among the most impacted in Michigan by confirmed coronavirus cases. Total confirmed COVID-19 cases exceeded 53,000 in the county with at least 1,468 deaths and more than 40,000 recoveries. The first cases were reported to the county on March 10. Nearly 75 percent of the confirmed positive cases were below the age of 60. About 64 percent of the deaths were 60 years old and above. Fifty-two percent of the positive cases were female while over 53 percent of deaths were male. Oakland County has maintained a dashboard throughout the pandemic and maps of community spread.

The seven-day average for confirmed cases in the first wave reached a high of 296 cases per day on April 6. Over the summer the seven day average hit its lowest point of nine cases per day on June 16. The cases began to surge again in the fall and peaked at a seven-day average of 809 cases per day on November 20. It has trended downward since, currently at a seven-day average of 206 cases per day as of December 29, because most residents and businesses have implemented the safety measures during the State of Michigan’s Pause to Save Lives.

Oakland County’s test positivity rate is down to 8.09 percent as of Christmas week, down from a high of 13.6 percent the week of November 14 – November 20.

“The data show that we are able to better manage the pandemic when people wear masks, avoid large gatherings, wash their hands, and stay home while symptomatic,” Coulter said.

Since the first shipment of 1,950 COVID-19 vaccines arrived at the county from Pfizer-BioNTech in mid-December, more than 800 emergency medical service personnel have received their first dose. The next shipment of doses is expected this week.

Early in the pandemic, there was a shortage of personal protective equipment (PPE). Coulter put out the call for public donations. That combined with the county’s emergency declaration which made purchasing materials more efficient enabled the county’s Emergency Operations Center (EOC) to source PPE from near and far. The EOC acquired over 1.3 million N95/KN95 masks, more than 1 million gowns/lab jackets, 141,000-plus face shields, about 50,000 boxes of medical gloves, and nearly 60,000 boxes of non-medical gloves. The county distributed the PPE to first responders, hospitals, long-term care facilities, local governments, other medical offices, schools, and more. Overall, the EOC responded to 8,000 requests for resources from the county, local government, and other entities.

Oakland County Health Division’s Nurse on Call hotline received nearly 86,000 COVID-related phone calls and over 2,600 COVID-related emails throughout the pandemic in 2020. The Nurse on Call hotline also was the epicenter for scheduling appointments at one of the Health Division’s drive-through testing locations which included Southfield, Pontiac, Novi, and Farmington Hills. The Health Division swabbed more than 31,000 COVID-19 tests at its drive-through testing sites in 2020, which is just over half the total testing the Health Division conducted throughout the county.

Oakland County provided over $770,000 in food assistance beginning early in the pandemic. Programs included a restaurant to shelter food program, support of Lighthouse’s USDA Farmers to Families boxes, supplying meals for healthcare workers and first responders in the hardest hit communities, advising on the Pontiac Restaurant Brigade, cooperative efforts with mycovidresponse.org, and more. From the beginning of the pandemic through June 1, Oakland County fed 700 homeless and at-risk individuals two meals a day. In addition, the county has been providing 200 meals a day at homeless shelters since August.

Oakland County Michigan Works! (OCMW) has received over 475,000 telephone calls and helped resolve over 46,000 unemployment issues. The OCMW team supported 123 companies and organizations with layoff support for their impacted employees. They also held 12 virtual career workshops to help job seekers with their employment searches. In addition, OCMW hosted the first virtual job fair featuring over 50 employers with over 1,000 current job openings.

Despite the pandemic, OCMW continued to launch grant training programs for hundreds of job seekers to earn industry-recognized credentials and transition careers. This includes a $375,000 grant to retrain retail workers, a $405,000 grant to retrain workers impacted by COVID, and a $100,000 grant to create apprenticeship opportunities. Plus, OCMW provided outreach for the State’s Futures for Frontliners program.

The county executive reached thousands of residents via multiple telephone town hall meetings to provide the latest updates about COVID-19. Residents also were able to ask the county’s public health professionals questions. Also, throughout the pandemic, the county executive aired public service announcements connecting residents with county resources. Finally, the county implemented an aggressive marketing campaign called “The only way to beat it is to face it” which leveraged celebrities and influencers to promote wearing masks, social distancing, and washing hands in order to help slow the spread of the virus.

“Oakland County would not have accomplished all of this without the support of the Board of Commissioners, county and local elected officials, residents, businesses, nonprofit organizations, and state and federal partners,” Coulter said. “A special thank you goes to county employees who kept services running throughout the pandemic.”

Below is a summary of CARES Act grants approved by the Oakland County Board of Commissioners and dispersed by the Oakland County Executive. For more details on the grants, click here.

Small Businesses

 

  • $32 Million Grant Fund to assist 3,153 retail, restaurants, and other businesses
  • $14 Million Stabilization Fund for 3,500 small business
  • $11 Million Michigan Small Business Restart Grant helped nearly 3,000 Oakland County businesses including minority-, women-, and veteran-owned businesses.
  • $10 Million Oakland Together Restaurant Relief Program for about 785 restaurants.
  • $10 Million Industry 4.0 PPE Resilience Grants Program approved grants for 235 businesses.
  • $1 Million to 23 companies who shifted production to personal protective equipment such as masks, gowns, and face shields.
  • 15,000 Small Business Reopening Kits which contained PPE.

Government and School Partners

 

  • $29 Million-plus for 57 cities, villages, and townships
  • $27.6 Million for 41 school districts and public-school academies
  • $3 Million to hire 64 school nurses to work with local school districts.
  • $2.8 Million for 52 libraries, senior centers, and community centers
  • $1 Million for the Road Commission for Oakland County
  • $500,000 each for Oakland University, Oakland Community College and Oakland Schools
  • In addition, the county utilized $64 million to ensure county operations were safe for residents and employees, including hazard pay, tele-work capabilities, and social distancing and health screening precautions throughout the county campus.

Community Partners

 

  • $10.7 Million for 88 non-profit organizations to serve vulnerable populations during the pandemic.
  • $2 Million-plus to 78 of our Cultural Institutions and organizations
  • $2 Million-plus to support 374 childcare providers in Oakland County
  • Nearly $2 Million for 126 non-profits hard hit economically
  • $600,000 for Oakland County Health Network to purchase tablets to assist clients with telehealth services
  • Support for Havenwyck Hospital and Honor Community Health
  • $600,000 for 31 veterans service organizations
  • Over $2,8 Million to Oakland County Skilled Nursing home facilities
  • A $150,000 pilot with American House to offer Echo share devices to connect elderly residents with family members
  • A $300,000 pilot with St. Joseph Hospital and Honor Community health to provide childcare for essential workers with school-aged kids.
  • $57,000 to local youth assistance programs throughout the county.

Residents

  • 6,000 individuals received $750 in a microgrant to help with basic expenses.
  • $1 Million in rent, mortgage, and utility assistance for 250 households.
  • $1 Million Military Service Fund for Oakland County veterans and dependents
  • $215,508 to help support 120 local musicians
  • Over 5,000 free meal delivery subscriptions provided to senior citizens.
  • Oakland County Michigan Works! launched financial coaching for Oakland County residents in partnership with the Oakland Livingston Human Services Agency. The program has assisted dozens of residents with assessing their financial wellness and meeting their short and long term financial goals.

Bill Allows Collegiate Athletes to Receive Compensation

by | Dec 31, 2020 | Regional News

Governor Gretchen Whitmer Banner - headshot with bridge graphic

FOR IMMEDIATE RELEASE

December 30, 2020

Contact: Press@michigan.gov

 

Governor Whitmer Signs Bills Allowing Collegiate Athletes to Receive Compensation for the First Time In Michigan History 

 

LANSING, Mich. — Governor Gretchen Whitmer signed bipartisan legislation today allowing student athletes to use their own name, image, likeness, and reputation for financial compensation. This marks the first time in Michigan history that collegiate athletes will have the opportunity to financially benefit from the countless hours they commit to their sport while attending school.

 

“For years we have all enjoyed the incredible talent of young athletes across the state. This legislation will change the lives of young men and women for years to come,” said Governor Whitmer. “As one of the first states in the nation to pass this historic legislation, I am proud to sign this bipartisan legislation today on behalf of our current and future student athletes. I am hopeful that the NCAA will set a national standard so that all players across the country are afforded the same opportunities.  As always stay safe and go green!”

 

“It’s high time that collegiate players are respected and compensated for the talents that they’ve spent their entire lives trying to perfect,” said Joique Bell, former running back with the Detroit Lions and Wayne State University. “I’ve always supported the efforts to protect the best interests of athletes, especially those with tremendous abilities who play at all levels of the NCAA. Working two jobs, going to school full time, playing football and raising my son is a lot for any person, especially financially. My story is just one of many for collegiate student athletes. We need to continually find ways to help student athletes get ahead and build their brands early, while also protecting the players and the integrity of the sport.”

 

“At its core, this legislation is to ensure student-athletes in Michigan are treated fairly and they are able to have fulfilling college experience. I am proud of the opportunity to work on getting this legislation across the finish line,” said Representative Joe Tate.

 

House Bill 5217 prohibits post-secondary educational institutions from enforcing rules that prohibit student athletes from profiting from promotional deals. Students may earn compensation for their name, image, or likeness, and could not be prevented from playing intercollegiate sports or receiving scholarships because of doing so. The bill was sponsored by Representative Brandt Iden (R-Kalamazoo).

 

House Bill 5218 repeals a section of the Penal Code which prohibits athletic agents from inducing students into contracts before their eligibility for college athletics expires. The bill also repeals a section of the Revised Judicature Act which creates civil liability for interfering with the “prospective advantage” given by an institution of higher education by virtue of its relationship with the student athlete, by promising an improper gift or service to the athlete, if that gift results in injury to the school. The bill was sponsored by Representative Joe Tate (D-Detroit).

 

The bills allow players from any sport in all divisions to use agents to earn money from their own image, name, or likeness. However, students cannot enter into an apparel contract that conflicts with the apparel contracts of their school, and must disclose contracts to their school prior to signing. The bills do not establish the right for students to use trademarked names, symbols, intellectual property, and logos of schools, associations, or conferences.

 

Michigan is among one of the first states to pass and sign legislation surrounding the compensation of student athletes. Governor Whitmer has called on the National Collegiate Athletic Association (NCAA) to set a national standard so that all states can follow in Michigan’s footsteps and create a consistent framework for student athletes across the country.

 

HB 5217 and 5218 will take effect on December 31, 2022, except for a reporting requirement in Section 9 which has been given immediate effect.