Law

Chipotle Accused Of Stealing From Its Workers

October 28, 2014 Bryce Covert, www.thinkprogress.org Resist! Fast Food, Labor Rights, Law

Chipotle Mexican Grill is being sued by workers in Colorado and Minnesota who accuse it of violating labor laws by purposely underpaying them. In a September 22 complaint in Colorado, the chain is accused of having “devised and implemented general policies and practices to deprive its hourly paid restaurant employees of the compensation to which they are entitled.” The practices allegedly include making employees work off the clock without pay through a number of mechanisms, one of which was using devices that automatically punched them off the clock even as they kept working. The attorneys for the different workers decided to collaborate when they realized all the workers were reporting the same problem.

Seattle Times Furious With FBI’s Alleged Impersonation

October 28, 2014 Ansel Herz, www.thestranger.com Create! FBI, Journalism, Law, Media, Seattle

Seven years ago, the FBI used a kind of spyware known as a CIPAV to track down and arrest a 15-year-old hacker who was sending bomb threats to a high school near Olympia. Old news for privacy watchdogs. But today, ACLU analyst Christopher Soghoian trawled through an arcane set of the bureau's records and came across something startling: in order to get the suspect's computer infected with the spyware, the documents suggest that the FBI sent a message to him that masqueraded as an e-mail from The Seattle Times. "Here is the email link in the style of the Seattle Times," wrote one FBI agent, whose name is redacted. "Below is the news article we would like to send containing the CIPAV," wrote another. The e-mail includes a message, headline, link, and subscription information all purporting to represent an Associated Press article carried online by The Seattle Times.

FBI Searches Home Of Suspected Post-Snowden Intelligence Leaker

October 28, 2014 Michael Calderone, www.huffingtonpost.com Resist! Law, NSA, Police, Surveillance

The FBI has searched the Northern Virginia home of a government contractor suspected of disclosing details of the U.S. government's terrorist watch list to The Intercept, according to Yahoo News. Yahoo’s Michael Isikoff reported Monday that the federal prosecutors have opened up a criminal investigation into disclosures from the suspected “second leaker,” a reference to the source not being former National Security Agency contractor Edward Snowden. In August, The Intercept’s Jeremy Scahill and Ryan Devereaux reported that nearly half of the 680,000 people on the U.S. database of terrorist suspects “are not connected to any known terrorist group.”

Postal Service Reports 50,000 Requests For Monitoring On Mail

October 28, 2014 Ron Nixon, www.nytimes.com Educate! Law, Postal Service, Surveillance

WASHINGTON — In a rare public accounting of its mass surveillance program, the United States Postal Service reported that it approved nearly 50,000 requests last year from law enforcement agencies and its own internal inspection unit to secretly monitor the mail of Americans for use in criminal and national security investigations. The number of requests, contained in a little-noticed 2014 audit of the surveillance program by the Postal Service’s inspector general, shows that the surveillance program is more extensive than previously disclosed and that oversight protecting Americans from potential abuses is lax. The audit, along with interviews and documents obtained by The New York Times under the Freedom of Information Act, offers one of the first detailed looks at the scope of the program, which has played an important role in the nation’s vast surveillance effort since the terrorist attacks of Sept. 11, 2001.

Bolivia’s Conamaq Indigenous Movement

October 27, 2014 Pablo Peralta, www.ww4report.com Resist! Bolivia, Indigenous Rights, Law, Mining, Social Movement

Bolivia's Conamaq indigenous movement is currently a major grassroots critic of the policies of the Evo Morales government and its Movement Toward Socialism (MAS) party. Because of this critical stance, the government helped to violently oust the Conamaq from their offices in La Paz this past December, and create a parallel, pro-MAS Conamaq. Mama Nilda Rojas is a leader of the dissident, or organic, Conamaq, and is interviewed here by Pablo Peralta M. of Bolivia's Página Siete newspaper. While ex-Conamaq leader Rafael Quispe is seeking to run for president against Morales, the current Conamaq of Nilda Rojas rejects all political parties and alliances with any governments, and remains one of the few critical social movements outside the umbrella of the MAS party, along with a radical base of followers and a progressive vision for the country.

Support Will Parrish

October 27, 2014 Cal Winslow, www.counterpunch.org Resist! California, Environment, Land Rights, Law

Will Parrish is a young journalist In Mendocino County. He’s a rare type in his field these days. He is fearless, he takes on the hard targets, the biggest ones he can find, and he writes with passion and commitment. If we still have muck-rakers, literary crusaders in the best sense, he’s one. Now he’s in the dock again. Where else? This time it’s at the mercy of CalTrans (the California Department of Transportation) and its corporate colluders in Big Asphalt, the billion dollar construction barons whose bulldozers relentlessly march across this once lovely landscape. They tenaciously pave the way for the “developers” who inevitably follow, where ever it is, whatever the cost. More, CalTrans has the California Highway Patrol (CHP) in tow, as well as the state’s administration, various congressmen, state senators and a hodge-podge of local time-servers.

Montreal Protest Law Is Being Defeated By Ongoing Protest

October 27, 2014 Macho Philipovic, www.montreal.mediacoop.ca Resist! Canada, Civil Disobedience, Freedom of Speech and Assembly, Law, Montreal

After longstanding speculation about whether Montreal’s anti-protest by-law P-6 can more effectively be challenged at theballot box or in the courts, a court decision released on Thursday suggests that the answer is neither: sustained mass action and solidarity in the streets itself may be straining the court system to the point that P-6 will become unenforceable. On Thursday 23 October 2014, Judge Gilles R. Pelletier of the Municipal Court of the City of Montreal dismissed the cases of twenty-seven self-represented people who had been detained and given P-6 tickets at a demonstration on 21 April 2012. The cases were not dismissed because the judge recognized a violation of the protesters’ rights to assembly, expression, or protest, but because there were simply too many cases for the system to effectively process. Pelletier ended his decision by suggesting that P-6 cases are at risk of bringing the rest of the trials heard by the court to a crawl.

75 Days Later, The Movement Only Grows

October 27, 2014 DeRay Mckesson, www.ebony.com Organize! Ferguson, Law, Michael Brown, police brutality, Social Movement

The power of the movement which has largely come to be known as “Ferguson” is that it started because regular people---young people---armed with smartphones and frustration, came outside their homes and said “Enough is enough.” In those initial days, we learned about Mike Brown's death and the police's response to the manifestation of a community's pain through Antonio French's vines, Brittany Noble's Instagram videos, and the tweets of Tef Poe and Netta Elzie. There was a time when a movement would have required the gloss or veneer of an established activist group to gain traction. Ferguson disrupts this notion that organized struggle requires an organization. Ferguson showed us that there is a way to respect the autonomy of individual actors while maintaining a uniformity of purpose.

Indigenous Communities Take Chevron To Court For ‘Crimes Against Humanity’

October 27, 2014 Sarah Lazare, www.commondreams.org Resist! Chevron, Ecuador, Indigenous Rights, Law

Chevron's repeated refusal to clean up its toxic contamination of Ecuador's Amazon rainforest constitutes an "attack" on civilian populations and should be investigated by the International Criminal Court in the Hague, impacted indigenous and farming communities charged this week in a formal complaint (pdf) to the global body. “In the context of international criminal law, the decisions made by Chevron’s CEO, John Watson, have deliberately maintained—and contributed to—the polluted environment in which the people of the Oriente region of Ecuador live and die every day,” states the complaint, which was submitted to the ICC's Chief Prosecutor Fatou Bensouda on Thursday on behalf of approximately 80 affected communities, totaling tens of thousands of people.

Activists Demand Comprehensive Data On Police Killings

October 25, 2014 Renee Lewis, www.aljazeera.com Organize! Ferguson, Law, police brutality, Police the Police

Activists who mobilized after the shooting death of unarmed black teenager Michael Brown said Wednesday they have collected 200,000 signatures backing their demand that federal agencies address a nationwide trend of police violence with major reforms — including the collection and release of comprehensive data on how many Americans are killed by law enforcement officers each year. In the aftermath of Brown’s Aug. 9 death following what police say was an altercation with an officer in Ferguson, Missouri, rights groups and researchers have complained of a startling lack of official national figures on police killings.

It Will ‘Never Be The Same’ If Wilson Isn’t Indicted

October 25, 2014 Mariah Stewart and Ryan Reilly, www.huffingtonpost.com Resist! Ferguson, Law, police brutality

FERGUSON, Mo. -- Five people, including a legal observer who said he was simply walking back to his car, were arrested outside the Ferguson Police Department Wednesday night as protesters gathered to call for the arrest of Darren Wilson, the police officer who killed 18-year-old Michael Brown in August. The officer's case is currently being reviewed by a grand jury, which must decide whether or not to indict Wilson by January 2015, though a decision expected within the next several weeks. Amid rampant speculation that the jury will side with Wilson, protesters on site predicted more turmoil in Ferguson in the event of an acquittal. Authorities estimated that about 200 people gathered outside the Police Department Wednesday.

21 US Cities Restrict Sharing Food With Homeless People

October 23, 2014 Deepashri Varadharajan, www.america.aljazeera.com Educate! Food and Agriculture, Homeless, Law

In the United States, 21 cities have restricted sharing food with homeless people through legislation or community pressure since January 2013, and about 10 other cities are in the process of doing so, the National Coalition for the Homeless (NCH) said in a report released Monday. “One of the most narrow-minded ideas when it comes to homelessness and food-sharing is that sharing food with people in need enables them to remain homeless,” the report said. The report was released a day before Fort Lauderdale, Florida, was set to vote “on the city’s third ordinance this year that will target the life-sustaining activities of people experiencing homelessness,” the NCH said in a news release.

Dark Money In Key Senate Races ‘Shattering’ Records

October 23, 2014 Lauren McCauley, www.portside.org Educate! Campaign Financing, Law, Senate, Supreme Court

Unknown donors and big-monied, outside groups are pouring record amounts of cash into key Senate races set to determine which political party will take control over the upper house come November's election, according to a new report published Tuesday by the Brennan Center for Justice. The report, Election Spending 2014: 9 Toss-Up Senate Races (pdf), found that outside spending by undisclosed "dark money" groups is on track to "shatter previous records." According to newly-released data from the Federal Elections Commission, of the nine hotly-contested senate races this year—Alaska, Arkansas, Colorado, Georgia, Iowa, Kentucky, Louisiana, Michigan, and North Carolina—all but one is expected to beat the previous record for most outside money spent in a senate race, $52.4 million in Virginia in 2012.

Teens Take Climate Lawsuit To Supreme Court

October 23, 2014 Sam Bliss, www.grist.org Resist! Climate Change, Law, Supreme Court, Youth

Those feisty, litigious climate-hawk kids just won’t go away. Back in 2011, we wrote about a group of witty whippersnappers that filed a lawsuit against the federal government. The premise: The government must take action to protect the atmosphere for future generations. On Oct. 3, those same five teenagers, represented by Oregon-based nonprofit Our Children’s Trust, filed a petition with the U.S. Supreme Court asking for a legal lifeline to keep the case alive. Let’s be clear: The petition is a crazy longshot. The Supreme Court grants about 1 percent of such petitions, leaving the decisions of lower courts to stand without review in the other 99 percent of cases.

California’s Plan For Unlimited Pesticide Spraying

October 22, 2014 Earth Justice, www.earthjustice.org Educate! California, Environment, Food and Agriculture, Law, Pesticides

SACRAMENTO — The California Department of Food and Agriculture has published a draft of an environmental plan giving the agency authority to spray toxic pesticides anywhere in California, at any time into the indefinite future. The blanket approval would allow no opportunity for affected communities to stop the spraying. According to the plan, the state’s agency would have the right to approve new pesticides and other expansions of the spray program with no public review, notice or analysis of the health and environmental impacts in specific locations to be sprayed. The plan, described in the Statewide Plant Pest Prevention and Management Programmatic Environmental Impact Report, relies on a list of 79 pesticides and other chemicals, including substances linked to cancer, birth defects, miscarriages, and reproductive system impacts.

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