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Started By
Message
re: Cantrell, Avegno and city health dept sued over New Orleans’ vaccination, mask mandates.
Posted on 2/1/22 at 12:13 pm to brewhan davey
Posted on 2/1/22 at 12:13 pm to brewhan davey
The Advocate finally posted a story about it. LINK
Here's how it starts out:
The bias is oozing through that lede.
Here's another bit:
The article makes no mention of the lawsuit's separation of powers challenge.
Here's how it starts out:
quote:
An Alexandria lawyer who’s lost several legal challenges to COVID restrictions is taking aim at New Orleans Mayor LaToya Cantrell’s rules in a lawsuit filed Monday.
The bias is oozing through that lede.
Here's another bit:
quote:
The lawsuit claims the mayor’s rules violate the state constitutional rights to privacy and equal protection. It alleges the vaccine-or-test mandate imposes “coercive conditions on the general public, denying access to public accommodations and threatening criminal prosecution as a means to coerce consent to medical treatment.”
The article makes no mention of the lawsuit's separation of powers challenge.
Posted on 2/1/22 at 12:25 pm to brewhan davey
quote:
Because there is no expiration date for the mayor's emergency powers in La. R.S. 29:727, the court's duty is to determine when that time is.
so we can leave it up to a liberal judge, or, our conservative legislature can fix it by adding an expiration date.
And when JBE vetoes it, we can do a veto session to override it.
Quit letting the legislature off the hook.
This post was edited on 2/1/22 at 12:26 pm
Posted on 2/1/22 at 12:30 pm to LSUFanHouston
quote:
so we can leave it up to a liberal judge, or, our conservative legislature can fix it by adding an expiration date.
And when JBE vetoes it, we can do a veto session to override it.
Quit letting the legislature off the hook.
I should have phrased my last post more clearly than I did. I did not mean for a court to step in and and arbitrarily fix an end date. What I meant was the court needs to declare the statute unconstitutional insofar as it allows for unending executive emergency powers by the mayor. Then, it would immediately no longer be in effect, allowing for the legislature to fix the issue in the future.
This post was edited on 2/1/22 at 12:33 pm
Posted on 2/1/22 at 12:38 pm to brewhan davey
quote:
What I meant was the court needs to declare the statute unconstitutional insofar as it allows for unending executive emergency powers by the mayor.
Hmmm. I can see some issues with them throwing out the entire statue. I would think it's constitutional for an executive branch to have some measure of emergency power.
And if the court had the ability to cull only the non-expiration part, again, I think you are back to a legislative issue. Because by removing the expiration date, they are setting one, no?
I don't always understand when a court has to throw out an entire RS vs just a part of it.
And if the legislature ultimately needs to fix this (whith I think we agree on), why wait? Can the legislature amend the law and at least set a future prospective date on a current declaration? For example, new law says must end within 60 days, might not be able to go retroactive but at least start a 60 day clock now.
Posted on 2/1/22 at 12:48 pm to LSUFanHouston
quote:
I can see some issues with them throwing out the entire statue.
That's not what I was advocating for; only the specific provision that does not allow for mayoral emergency orders to expire on their own.
quote:
And if the court had the ability to cull only the non-expiration part, again, I think you are back to a legislative issue. Because by removing the expiration date, they are setting one, no?
Correct. I agree that the legislature needs to fix the issue in the long run. But if this part is not addressed by the court first, then we are essentially in limbo until the legislature fixes it.
quote:
And if the legislature ultimately needs to fix this (whith I think we agree on), why wait? Can the legislature amend the law and at least set a future prospective date on a current declaration?
Because the legislative process is just that--a process. They can't just enact a law whenever they want that will immediately go into effect.
Of note, there are proposed bills for the upcoming legislative session (which convenes in March) that have been prefiled that address the governor's emergency powers under the Homeland Security Act, but the effective date for that bill, if passed, isn't until January 2024. And there is no proposed legislation yet that addresses the mayor's emergency powers under the Homeland Security Act.
Posted on 2/1/22 at 12:51 pm to brewhan davey
quote:
Here's how it starts out: quote:An Alexandria lawyer who’s lost several legal challenges to COVID restrictions is taking aim at New Orleans Mayor LaToya Cantrell’s rules in a lawsuit filed Monday. The bias is oozing through that lede.
That is horrible - it breaks several credo's of journalism just in that short excerpt though I guess there really aren't many fast and hard rules enforced by editors anymore.
Posted on 2/1/22 at 1:04 pm to Alt26
Giarrusso is hands down the best judge at CDC. Unfortunately she has just recused herself because her son is on the City Council.
Posted on 2/1/22 at 1:07 pm to Y.A. Tittle
quote:
quote:
quote:
Judge Robin Giarusso
This suit is doomed before it begins
The fact that she will feel no need to recuse, shows how pointlessly useless the City Council is.
Guess she had to at least keep up appearances for Little Joe.
Posted on 2/1/22 at 1:14 pm to Y.A. Tittle
quote:
Guess she had to at least keep up appearances for Little Joe.
That plus new, arguably stricter rules governing judicial recusal in civil cases just recently went into effect.
Posted on 2/1/22 at 1:17 pm to LSUFanHouston
I reviewed the list of plaintiffs, who are all individuals. I've never heard of any of them, but it's a big group so at least they have numbers. I was hoping some local businesses or trade groups would have filed a suit like this. If you own a hotel or restaurant, which are the lifeblood of this city, you have to be hurting right now thanks to these ridiculous mandates and rules.
The Nola.com article about the lawsuit is disgusting. It is totally condescending to the plaintiffs, and lauds LaToya as a pioneering leader with a big mandate from the last election.
The Nola.com article about the lawsuit is disgusting. It is totally condescending to the plaintiffs, and lauds LaToya as a pioneering leader with a big mandate from the last election.
This post was edited on 2/1/22 at 1:38 pm
Posted on 2/1/22 at 1:26 pm to Tall Tiger
Looks like they filed a supplemental petition today. Can't view it yet though...
Posted on 2/1/22 at 1:46 pm to Tall Tiger
quote:
I reviewed the list of plaintiffs, who are all individuals. I've never heard of any of them, but it's a big group so at least they have numbers.
Interesting how it's almost all women. I didn't recognize any either, outside a tiny handful in passing.
Posted on 2/1/22 at 1:47 pm to Tall Tiger
My understanding is that Canizaro is tied to this somehow. Maybe a daughter who has a different married name. That is just what I heard and could be wrong.
If correct then there is the pull you are looking for.
If correct then there is the pull you are looking for.
Posted on 2/1/22 at 1:49 pm to Fun Bunch
quote:
It is utterly amazing that we have a mask mandate in place in Orleans Parish in February of 2022 with extremely little in the way of cases or hospitalizations.
Clearly they didn’t get your memo about things going back to normal after people get vaccinated.
Posted on 2/1/22 at 2:05 pm to Open Your Eyes
quote:
quote:
It is utterly amazing that we have a mask mandate in place in Orleans Parish in February of 2022 with extremely little in the way of cases or hospitalizations.
Clearly they didn’t get your memo about things going back to normal after people get vaccinated.
It was utterly amazing that people actually thought Avegno and Teedy would be reasonable about this whole thing.
Posted on 2/1/22 at 2:10 pm to Tall Tiger
quote:
Unfortunately she has just recused herself because her son is on the City Council.
Zero chance it isn't thrown out quickly now and has to go through Appeals.
next to zero at least, given the Judges it could go to.
Posted on 2/1/22 at 2:20 pm to STEVED00
I don't think the average New Orleanian has any idea how far to the left LaToya is. She recently went to Cuba to study their "system." This is not your typical Nola City Hall politician. This is something much worse.
What is remarkable is that the AA vote that LaToya used to get to power is probably not happy about the current mandates, especially the vaccine mandates. But that's typical of a lot of liberal democrats: make empty promises to get the AA vote and then pretty much abandon them once elected. Same goes for crime -- what is LaToya doing right now about the warzones in the AA neighborhoods?
What is remarkable is that the AA vote that LaToya used to get to power is probably not happy about the current mandates, especially the vaccine mandates. But that's typical of a lot of liberal democrats: make empty promises to get the AA vote and then pretty much abandon them once elected. Same goes for crime -- what is LaToya doing right now about the warzones in the AA neighborhoods?
Posted on 2/1/22 at 2:21 pm to Fun Bunch
quote:
Zero chance it isn't thrown out quickly now and has to go through Appeals.
next to zero at least, given the Judges it could go to.
I would have to believe Landry is involved in this. I also believe the plan is for this to get to La Supreme Court. I think Landry is looking for a way to politically beat Teedy which would put him in a great position with suburban housewives who are extremely passionate about this and could really eventually help him become Governor.
This post was edited on 2/1/22 at 2:22 pm
Posted on 2/1/22 at 2:24 pm to STEVED00
Judge Giarrusso just recused herself because her son is on City Council.
Laura Rodrigue is the daughter of Leon Cannizzaro, the former DA of Orleans Parish.
Laura Rodrigue is the daughter of Leon Cannizzaro, the former DA of Orleans Parish.
Posted on 2/1/22 at 2:27 pm to The Hurricane
you get what you vote for
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