SUPREME COURT OF THE
UNITED STATES Syllabus LOZMAN v. CITY OF
RIVIERA BEACH, FLORIDA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE ELEVENTH CIRCUIT No. 17–21. Argued
February 27, 2018—Decided June 18, 2018
After petitioner Lozman towed his floating home into a slip in a marina
owned by the city of Riviera Beach, he became an outspoken critic of the City’s
plan to use its eminent domain power to seize waterfront homes for private
development and often made critical comments about officials during the
public-comment period of city council meetings.
He also filed a lawsuit alleging that the City Council’s approval of an
agreement with developers violated Florida’s open-meetings laws. In June 2006 the Council held a closed-door
session, in part to discuss Lozman’s lawsuit.
He alleges that the meeting’s transcript shows that councilmembers
devised an official plan to intimidate him, and that many of his subsequent
disputes with city officials and employees were part of the City’s retaliation
plan. Five months after the closed-door
meeting, the Council held a public meeting.
During the public-comment session, Lozman began to speak about the
arrests of officials from other jurisdictions.
When he refused a councilmember’s request to stop making his remarks,
the councilmember told the police officer in attendance to “carry him out.” The officer handcuffed Lozman and ushered him
out of the meeting. The City contends
that he was arrested for violating the City Council’s rules of procedure by
discussing issues unrelated to the City and then refusing to leave the
podium. Lozman claims that his arrest
was to retaliate for his lawsuit and his prior public criticisms of city
officials. The State’s attorney
determined that there was probable cause for his arrest, but decided to dismiss
the charges. Lozman then filed suit
under 42 U. S. C. §1983, alleging a number of
alleging a number of incidents that, under his theory, showed the City’s
purpose was to harass him, including by initiating an admiralty lawsuit against
his floating home, see Lozman v. Riviera Beach, 568 U. S. 115. The jury 2 LOZMAN v. RIVIERA BEACH Syllabus
returned a verdict for the City on all of the claims. The District Court instructed the jury that,
for Lozman to prevail on his claim of a retaliatory arrest at the city council
meeting, he had to prove that the arresting officer was motivated by
impermissible animus against Lozman’s protected speech and that the officer
lacked probable cause to make the arrest.
The Eleventh Circuit affirmed, concluding that any error the District
Court made when it instructed the jury to consider the officer’s retaliatory
animus was harmless because the jury necessarily determined that the arrest was
supported by probable cause when it found for the City on Lozman’s other
claims. The existence of probable cause,
the court ruled, defeated a First Amendment claim for retaliatory arrest. Held:
The existence of probable cause does not bar Lozman’s First Amendment
retaliation claim under the circumstances of this case. Pp. 5–13. Read 23-page slip opinion at https://www.supremecourt.gov/opinions/17pdf/17-21_p8k0.pdf
Tony
Packo's Cafe is
a restaurant that started in the Hungarian neighborhood of
Birmingham, on the east side of Toledo, Ohio at
1902 Front Street. The restaurant became
famous when it was mentioned in several M*A*S*H episodes and is noted for its
signature sandwich and large collection of hot dog buns signed
by celebrities. During the depression in
1932, Tony Packo used a $100 loan to open his shop, which originally sold
only sandwiches and ice cream. In 1935, the Packo family purchased the
current wedge-shaped building on the corner of Front and Consaul streets next
to the Maumee River, which includes the former Consaul
Tavern. Tony's signature "sausage-and-sauce sandwich"
on rye was
first made when he decided to add a spicy chili
sauce to his sandwiches for more flavor. Eventually, his creation became known as the
"Hungarian hot dog",
even though no such thing had come from the Old Country. The "hot dog" is really a Hungarian
sausage called Kolbász, not unlike the Polish kielbasa,
about twice the diameter of a conventional hot dog, and slicing the sausage in
half yields about the same amount of meat.
https://en.wikipedia.org/wiki/Tony_Packo%27s_Cafe
May 26, 2018 A family squabble in 2011 put Tony Packo’s in receivership, then led
to court-ordered sale of the famed eatery to fast-food operator Bob
Bennett. Barely a year after taking
control, Mr. Bennett died unexpectedly in May, 2013. His widow, Emily Bennett, is now chairman and
president of her late husband’s Bennett Management Corp. Research found that, despite long-time success
at its original Front Street location on Toledo East Side and at the newer
Packo’s at the Park downtown, confusion had developed over the company’s name
and menu, especially among younger adults.
“You know the old Tony Packo’s logo with peppers? People that don’t know Packo’s think we have
Mexican food. It’s one of the early-on
things we learned,” CEO Jimmy Harmon said.
Packo’s recently won the 2018 Tourism
Impact award from Destination Toledo, the area’s tourism and convention bureau,
for having “a profound influence on the tourism industry in the greater Toledo
region.” The new logo adds
“Eastern European Kitchen” after the Packo’s name. Mr. Harmon said Eastern European could mean
any dish from that region, and that would allow Packo’s to expand its menu,
should it choose to do so. Already, the
CEO said, there’s an idea for a breaded chicken sandwich done in a Hungarian
style. Bennett Management hired
Richardson Design LLC of Cleveland to rebrand Tony Packo’s and reinvigorate its
concept. But Mrs. Bennett also had a
large role in designing the company’s next generation of stores. “I think I’ve influenced the design and feel
for the restaurants, combining the old with the new,” Mrs. Bennett said. “With Jimmy’s help and Richardson Design’s
help, and help from everyone on the team, I think we’ve got a very comfortable
model going forward,” Mrs. Bennett said.
Jon Chavez http://www.toledoblade.com/business/2018/05/26/Tony-Packo-s-reinvents-itself-expands.html
U.S. Senator Thomas Witherell
Palmer donated 140-acre (57 ha) for a Detroit city park in
1893, on the condition that the virgin forest be preserved. Palmer had inherited 80 acres from his
grandfather, Michigan politician and Judge, James Witherell and, in his lifetime,
expanded his holdings to 640 acres.
Palmer continued to donate land throughout his life, and following his
death, and that of his wife, Lizzie Pitts
Merrill Palmer, his benefactors subdivided what became known as
the Palmer Park Apartment Building Historic District,
which is now a part of the National
Register of Historic Places. A total of 296-acre (120 ha)
was allocated to Palmer Park. The name that Palmer gave it, Log Cabin
Park, did not stick and in 1897, the Detroit Common
Council unanimously approved an ordinance to officially rename
it Palmer Park. The park had a large
white wooden casino, which burned down in May 1945. The city planned to close Palmer Park in 2010
due to budget constraints, but relented after a public rally. Palmer Park
Golf Course is an 18-hole regulation length golf course within the park that
hosts golf outings and tournaments through the Palmer Park Golf club. Since 1927, Palmer Park Golf Course has been
home turf for many notable Detroit residents including Motown performers Marvin Gaye, The Temptations, Four Tops, and boxer Joe Louis. The course
has a short layout that is mostly flat. A
man-made lake dotted with small islands and anchored by a miniature
red-and-white lighthouse that was once lit with an oil lamp. It was
created at Senator Palmer's behest and named for his mother-in-law. The Recreation Department created a second
lake west of the current site of the Splash Park, to use as a fish breeding
pond. Beyond it to the west, was Lake Harold
with an island called Inselruh and a waterfall called Pontiac Cascade. In the 1950s, Lake Harold was filled with
earth excavated during the construction of the Lodge Freeway. The Merrill
Fountain was designed by the architectural firm of Carrère
and Hastings and originally
stood in front of the old Detroit Opera House in Campus
Martius Park. Built in 1904 at a cost
of US$1,000,000 (equivalent to $27,237,037 in 2017), it was named
for Charles Merrill and
dedicated by his daughter, Elizabeth Palmer.
As automobile traffic increased in downtown Detroit, the city’s elders
decided to move the fountain to the Merrill Plaissance, at the far southern
boundary of Palmer Park, in 1926. The fountain functioned for one season
in the park and then pipes broke. It has been dry for over 50 years and
suffered from theft of pieces and destruction by vandals. People for Palmer Park is a nonprofit
organization created in 2010 that, with the Detroit government's blessing,
supports renovation and revitalization work in the park. On June 24,
2012, the group partnered with the City of Detroit to open the Palmer Log
Cabin to the public as part of a fundraiser to
restore the structure. Near the western entrance to the Log Cabin
is a large bell hanging—originally in a rustic wooden frame. This bell was designed and cast by Paula
Gomez in Spain in 1793 and was taken to Mexico over 200 years ago. William A. Moore, Senator James
McMillan and other friends of
Senator Palmer raised funds to purchase the 1,015 pounds (460 kg) bell, as
a gift, who in turn, presented it to the city.
The Palmer Park Splash Park, the second splash park in Detroit, opened August 18, 2013 through a
donation by Lear
Corporation. The park is located just west of Woodward
between Six and Seven Mile Roads, on what was once the grounds of an Olympic-size
community swimming pool. It features colorful spouts that spray water
from several directions. Read more and
see pictures at https://en.wikipedia.org/wiki/Palmer_Park_(Detroit)
Former President Barack Obama shared his
summer reading list on June 16, 2018,
touting the array of "good writing" and "variety of thought out
there these days." “There’s so much good writing and art and variety
of thought out there these days that this is by no means comprehensive,”
he wrote on Facebook. “Like many of you,
I’ll miss ‘The Americans.’” One of the
books, written by Jennifer Kavanagh and Michael D. Rich of the global policy
think tank the RAND Corporation, details the authors’ research into “the
diminishing role of facts” in American life.
“The title is self-explanatory, but the findings are very interesting,”
Obama wrote of “Truth Decay: An Initial
Exploration of the Diminishing Role of Facts and Analysis in American Public
Life.” Also
on the list: “Futureface: A Family Mystery, an Epic Quest, and the
Secret to Belonging,” by Alex Wagner; “The New Geography of Jobs,” by Enrico
Moretti; “The 9.9 Percent Is the New American Aristocracy,” by Matthew Stewart
of The Atlantic; and “In the Shadow of Statues: A White Southerner Confronts History” by
former New Orleans Mayor Mitch Landrieu.
AVERY ANAPOL http://thehill.com/blogs/in-the-know/392628-obama-shares-list-of-books-hes-reading
June 18, 2018 This
is not normal art … it is all about beauty,” said
the artist Christo as a 600-tonne, 20-metre high floating sculpture
made from more than 7,000 colourful oil barrels was unveiled on London’s
Serpentine, gently bobbing amid ducks, swans and early morning swimmers. The artist is known for spectacularly
ambitious and slightly mad projects, which have included wrapping the German
Reichstag in fabric and stretching a vast curtain over a valley between two
mountains in Colorado. The new work is
his first outdoor public installation in the UK and takes the shape of a
mastaba, a trapezoid shape which originated in Mesopotamia 6,000 to 7,000 years
ago. It is the Arabic word for bench. The work has been constructed over the last
two months on the banks of the Serpentine, the red, blue and mauve coloured
barrels individually put in place using a crane. Over the weekend it was floated out into the
centre of the lake, tethered by 32 6-tonne anchors. In three months time, it will be gone. Mark Brown
Read more and see pictures at https://www.theguardian.com/artanddesign/2018/jun/18/alien-mother-ship-christo-sculpture-floats-on-londons-serpentine
The United States Patent and Trademark Office (USPTO) issued U.S. patent number 10 million on June
19, 2018. The first U.S. patent, signed
228 years ago by George Washington on July 31, 1790 was issued to Samuel
Hopkins for a process of making potash, an ingredient used in fertilizer. Patent 10 million for “Coherent Ladar Using
Intra-Pixel Quadrature Detection” symbolizes the breadth of American invention,
with applications in such varied fields as autonomous vehicles, medical imaging
devices, military defense systems, and space and undersea exploration. It was invented by Joseph Marron and is owned
by Raytheon Company. Additional
information on patent 10 million can be found at: https://10millionpatents.uspto.gov/docs/patent10million.pdf.
http://librariansmuse.blogspot.com Issue 1905
June 20, 2018 Word of the Day barcarole noun A Venetian folk song traditionally sung by gondoliers, often in 6⁄8 or 12⁄8 time with alternating strong and weakbeats imitating a rowing motion.
A piece of music composed in imitation of such a song. German-born French
composer Jacques Offenbach was
born on this day in 1819. His duet “Belle nuit,
ô nuit d’amour” (“Beautiful Night, O Night of Love”), known simply as
the Barcarolle, from his last and unfinished opera The Tales of
Hoffmann, is said to be the most famous barcarole ever written.
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