Courts Find CDC Lacked Authority in Nationwide Moratorium on Evictions

first_img Servicers Navigate the Post-Pandemic World 2 days ago Share Save Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Two federal courts recently weighed in on the legitimacy of the CDC’s September 4, 2020 Agency Order which imposed a nationwide moratorium on evictions. Terkel v. Centers for Disease Control & Prevention, 6:20-CV-00564, 2021 WL 742877 (E.D. Tex. Feb. 25, 2021); Skyworks, Ltd. v. Centers for Disease Control & Prevention, 5:20-CV-2407, 2021 WL 911720 (N.D. Ohio Mar. 10, 2021). Although both federal courts concluded the CDC lacked the authority to impose the eviction moratorium, each court reached that conclusion on different legal grounds.In Terkel, owners of residential property sued the United States, the CDC, HHS, and three HHS officials (collectively, “the Government”) for their involvement in the issuance of the Agency Order which imposed the eviction moratorium. The property owners sought an injunction preventing enforcement of the Order and a declaration that the Agency Order exceeded the federal government’s authority under Article I, section 8, clause 3 of the United States Constitution (referred to as the Commerce Clause).vi The Government argued the “nationwide eviction moratorium [was] within Article I’s grant of federal authority to regulate commerce among the States.”The Texas court explained that Article I’s “…commerce power allows regulation of three categories of activity…” one of which is “…activities having a substantial relation to [or having a substantial effect on] interstate commerce.” To determine whether the prohibited evictions “substantial[ly] effect[ed] interstate commerce” the court evaluated four factors:The economic character of the intrastate activity;Whether the regulation contains a ‘jurisdictional element’ that may ‘establish whether the enactment is in pursuance of Congress’ regulation of interstate commerce’;Any congressional findings regarding the effect of the regulated activity on commerce among the States; andAttenuation in the link between the regulated intrastate activity and commerce among the States.The court’s detailed discussion of these factors is beyond the scope of this article; however, the court concluded the Agency Order regulated “property rights in buildings” which was “inherently local” and not of an economic character. The court also explained the Agency Order had no “jurisdictional element” because it did not limit its application to activity that had “an explicit connection with or effect on interstate commerce.” Combining the third and fourth factors, the court also concluded there were no congressional findings, which established the existence of a sufficient nexus between preventing evictions and a “broader regulation of commerce.” The court elaborated the fact “homelessness may strain healthcare systems” or that “housing stability helps protect public health” did not render the prohibition on evictions “essential” to ensuring a broader federal regulation was not undercut.Lastly, the court explained “the attenuation analysis” must differentiate between national and local “activities of commerce.” The court concluded: “The order itself criminalizes the use of state legal proceedings to vindicate property rights. That scope alone treads into an area of traditional state concern: remedies protecting property rights.” Based on the four factors the court concluded evictions did not have a substantial effect on interstate commerce. The Court entered a declaratory judgment in favor of the Property Owners explaining: “Although the COVID-19 pandemic persists, so does the Constitution.” The court declared the Agency order unlawful finding it exceeded “the power granted to the federal government to regulate commerce.”The Ohio court reached the same conclusion for different reasons in Skyworks, declaring the Agency Order invalid because it exceeded “the agency’s statutory authority provided in Section 361 of the Public Health Service Act…”xvii Section 361 authorizes the CDC to promulgate and enforce “regulations to protect the public health against the interstate spread of communicable diseases.” In carrying out and enforcing those regulations the statute specifies:[T]he [Secretary] may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.The CDC argued the final phrase above, “and other measures as…may be necessary”, provided the agency with the statutory authority to impose the eviction moratorium. The Ohio court disagreed based on the plain language of Section 361 concluding that “‘other measures’ must be reasonably of the type Congress contemplated in the statutory text—fumigation, disinfection, destruction of animals or things, or other measures reasonably of this type.” Second, the court explained that measures taken by the CDC are to be directed to “specific targets found to be sources of infection [e.g., infected animals]—not to amorphous disease spread…” Third, as used in the statute the word “article” means an “object or item.” It does not “extend the [CDC’s] reach to an action such as evictions.” The court concluded that based on the “natural and logical reading of the statute as a whole…” the CDC exceeded its statutory authority by imposing the moratorium. The court elaborated, citing Terkel, that the CDC’s broad reading of the statute would be “tantamount to creating a general federal police power”–a power exclusively retained by the States–implicating “serious constitutional concerns…”Finally, the Ohio court also rejected the CDC’s argument that even if the Agency Order was not authorized by Section 361, Congress ratified the Order by extending the date on which the CDC’s first order expired. The court explained ratification of the CDC Order must be clear and explicit–“more than mere acquiescence to the action.” The court elaborated that “[a]ll Congress did was change the expiration date of the first order” to facilitate “the transition between presidential administrations…” The court concluded that action did not amount to a ratification “in any sense in which Congress has historically ratified prior actions.” The court declared the Agency Order invalid and entered judgment accordingly. Subscribe About Author: Bryan Hughes Sign up for DS News Daily Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago Previous: HUD’s Fair Housing Month Theme: ‘More Than Just Words’ Next: COVID-19: One Year Later Courts Find CDC Lacked Authority in Nationwide Moratorium on Evictions  Print This Post Related Articles in Daily Dose, Featured, Journal, Newscenter_img Bryan Hughes is Managing Attorney–Midwest Default for Diaz Anselmo & Associates P.A., a certified minority-owned law firm that is Preeminent A-V rated by Martindale Hubbell. Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Evictions moratorium 2021-04-01 Eric C. Peck The Best Markets For Residential Property Investors 2 days ago Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Home / Daily Dose / Courts Find CDC Lacked Authority in Nationwide Moratorium on Evictions The Week Ahead: Nearing the Forbearance Exit 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Tagged with: Evictions moratorium April 1, 2021 1,187 Views last_img read more

New app fueling Mike Tyson’s return to the ring

first_img Beau Lund FacebookTwitterLinkedInEmailpowerofforever/iStockBy VICTOR ORDONEZ, ABC News(NEW YORK) — Former heavyweight boxing champion Mike Tyson teased fans for weeks — posting workout videos and cryptic messages on social media — before finally announcing his long-awaited return to the ring.I. AM. BACK. #legendsonlyleague. September 12th vs @RealRoyJonesJr on #Triller and PPV #frontlinebattle @TysonLeague pic.twitter.com/eksSfdjDzK— Mike Tyson (@MikeTyson) July 23, 2020On Nov. 28, Tyson, 54, will face off against “Captain Hook” — also known as former four-division world champion Roy Jones Jr., 51.Unlike fights of their generation, Tyson’s return to the ring won’t be presented by HBO, ESPN, Showtime or any other legacy network. Instead, the fight will be presented by Triller, an up-and-coming music video app akin to TikTok.“At the end of the day, someone like Tyson has the pick of the litter,” Triller CEO Mike Lu told ABC News. “What our team was able to do for Tyson was really showcase the identity of Triller … and we just vibed with him.”Founded as a music video app, the platform allows users to create professional-looking music videos in a matter of seconds using artificial intelligence — making the app a clear competitor to TikTok. And like TikTok, Triller has become more of a creative platform for users to produce many genres of video-based content.“We get compared to TikTok often enough, but the way we look at it: we are the voice of an American based Gen Z platform,” Lu said, drawing a distinction from TikTok’s Chinese roots. “Another difference: We have grown 100% organically. We’ve never spent any money on marketing, it’s always been word of mouth interactions or people sharing creative content they made on Triller.”Relying on that organic growth, Triller has more than 140 million downloads, with celebrities like Alicia Keys, Cardi B, Marshmello, Roddy Ricch and Eminem regularly using the app to create their own music videos.“We’ve got a saying here, which is: ‘We want the next Chris Brown or Justin Bieber to be discovered on Triller,’” said Lu.Along with the rights to the live event featuring Tyson, Triller — an app with no current footing in the world of sports — obtained streaming rights to a soon-to-be-released, 10-part docuseries featuring behind-the-scenes footage of the fight. Two episodes will be released each week leading up to the match.“The way we look at our product: We define cultural moments,” said Lu, acknowledging Triller’s unprecedented introduction to the boxing scene. “Obviously we went against all the major [legacy companies], like ESPN. Everyone wanted this, but per our motto — ‘You do you’ — we allowed Tyson to express himself on our platform that’s all about creating and defining that cultural moment … and that’s why Tyson agreed to do it.”Amidst the pandemic’s rocky economy and TikTok’s uncertain future in the United States, CNBC reported that Triller paid a whopping $50 million for the exclusive rights to the event.“I can’t comment on rumors like that,” Lu said regarding exclusive’s reported price tag. “But look, at the end of the day we believe in Tyson, we believe in this cultural event … and I believe history will tell us this was the right move for us.”Techcrunch reported earlier this month that Triller was seeking $250 million in funding that would push its valuation to over $1 billion, citing a source with knowledge of the matter. This would be an Olympic-length leap from its $130 million valuation reported last October by the Wall Street Journal.A three-hour live event, the Tyson vs. Jones bout will last eight rounds and be part of a multiple-fight card. The event will also include significant undercard matches as well as musical performances to be announced in the coming weeks.The fight will also be available on traditional pay-per-view platforms and the cost of the event is reported to be $49.99.The fight, dubbed “Frontline Battle,” will be the first event in a series produced under Mike Tyson’s Legends Only League, a venture owned by Tyson and STX president Sophie Watts’ Eros Innovations. Per the deal, all rights for “Frontline Battle” are controlled by Triller. Lu has also teased further collaboration.“We haven’t announced anything … but our goal is to move forward [working with them],” Lu told ABC News.Lu added that Triller would be presenting similar events in the world of sports, music and entertainment in the near future.Tyson himself has taken to Triller in anticipation for the event — sporting Triller attire with a promotional “Triller Presents” intro. His announcement video received over four million views on the platform.Tyson is known as one of the most feared heavyweights in history, claiming the division for himself throughout the late ’80s. He became the youngest heavyweight champion in history with a 37-0 record before the world witnessed one of the greatest upsets in sports history: Tyson was knocked out by James “Buster” Douglas in Tokyo in July 1990.Jones went on to be named the best boxer of the 1990s by Ring Magazine. After nearly 50 victories in the ring, Jones finally met defeat in a controversial disqualification against Montell Griffin. Jones swiftly repaid the favor in the first round of a rematch shortly after.Although Tyson’s upcoming fight is slated to be an exhibition match, according to Andy Foster of the California State Athletic Commission, Triller plans to present a Vegas-scale event as the world-renowned champions return to the arena.Copyright © 2020, ABC Audio. All rights reserved. August 17, 2020 /Sports News – National New app fueling Mike Tyson’s return to the ringcenter_img Written bylast_img read more

Cake checker

first_imgBakery name: Kuchenmeister in Soest one of the largest mid-market bakeries in Germany and the market leader in ready-made cakes.Machinery installed: Mettler Toledo Garvens XE3 checkweigher.Why has it been installed?: To ensure the correct product weight during production.What does the machinery do?: The XE3 is a compact, economical and efficient checkweighing solution. Equipped with a touchscreen interface, 100 product memories, three weight zones and a large range of options and accessories, this checkweigher is suitable for a broad range of applications in all industry segments weighing products up to 6,000g.Technical specifications: The XE3 checkweigher is suitable for dynamically weighing products up to 6,000g with an accuracy from ± 200mg and a maximum throughput of 200ppm.Problems solved: Ensures high product quality, while optimising the production process. The XE3 checkweigher weighs up to 100 cake bases per minute, automatically rejecting those that deviate from the nominal weight of 300g. In an adjacent room, another X3 checkweigher has been installed to control a Dutch cake speciality. This allows for entering and storing various nominal weights and pertinent weight zones in its memory, so that product changeover is particularly quick.Supplied by: Mettler Toledo GarvensTelephone number (UK): 0870 066 3150Website: www.mt.com/garvenslast_img read more