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Supreme Court Won’t Hear Case On Ban Against Homeless Sleeping In Public Spaces
December 16, 20191:10 PM ET

VANESSA ROMO

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KIRK SIEGLER

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San Francisco police officers wait while homeless people collect their belongings. Nearly a quarter of the country’s homeless population lives in California.
Ben Margot/AP
Updated at 1:40 p.m ET

The Supreme Court on Monday declined to hear an appeal in a case originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces.

The decision to let a ruling from the 9th Circuit Court of Appeals stand is a setback for states and local governments in much of the West that are grappling with widespread homelessness by designing laws to regulate makeshift encampments on sidewalks and parks.

The case stems from a lawsuit filed nearly a decade ago. A handful of people sued the city of Boise for repeatedly ticketing them for violating an ordinance against sleeping outside. While Boise officials later amended it to prohibit citations when shelters are full, the 9th Circuit eventually determined the local law was unconstitutional.

In a decision last year, the court said it was "cruel and unusual punishment" to enforce rules that stop homeless people from camping in public places when they have no place else to go. That means states across the 9th Circuit can no longer enforce similar statutes if they don’t have enough shelter beds for homeless people sleeping outside.

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Los Angeles attorney Theane Evangelis, who is representing Boise in the case, argued the decision ultimately harms the people it purports to protect because cities need the ability to control encampments that threaten public health and safety.

"Cities’ hands are tied now by the 9th Circuit Decision because it effectively creates a Constitutional right to camp," Evangelis told NPR in an emailed statement.

In court documents, lawyers for Boise said, "Public encampments, now protected by the Constitution under the Ninth Circuit’s decision, have spawned crime and violence, incubated disease, and created environmental hazards that threaten the lives and well-being both of those living on the streets and the public at large."

Major West Coast cities and counties with soaring homeless populations had backed Boise in its petition, including Los Angeles County, where the number of people without a permanent place to live has jumped by 16% in the past year.

As NPR reported, California is where nearly a quarter of the country’s homeless population lives.

SIMON SAYS
Opinion: Should It Be Illegal To Sleep Outside?
The homeless and their advocates say ticketing homeless people does nothing to solve the bigger housing crisis.

"Paying lawyers six figures to write briefs is not really going to build any more housing," said Howard Belodoff, a Boise civil rights attorney.

Maria Foscarinis, executive director of the National Law Center on Homelessness & Poverty, added: "Housing, not handcuffs, is what ends homelessness."

The center, which was one of three groups to file the case in 2009, hailed the decision as being essential to encouraging cities to propose constructive alternatives to homelessness.

The Department of Housing and Urban Development found that more than 550,000 people experienced homelessness on a single night in January 2018. Of those, nearly 200,000 were unsheltered.

The case now returns to the 9th Circuit. The city of Boise says it is evaluating its next steps.

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Monday, December 16, 2019 2:42:22 PM

Search News

Double slaying
By Ferdie De La Torre | Posted on Dec 16 2019
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A police detective leads chief prosecutor John Bradley and another prosecutor to the door of Rice Cake Best Food Restaurant in San Antonio, where the owner of the establishment and her helper were found dead Friday morning after they were reportedly shot by still unidentified person/s. (FERDIE DE LA TORRE)

A businesswoman and a female baker were found dead in San Antonio Friday morning after they were shot by still unidentified person/s inside a restaurant that produces rice cakes.

The killing, which shocked the CNMI community, happened inside the Rice Cake Best Food Restaurant on the first floor of a two-story commercial building located in front of the former UIC Garment Factory.

As of press time last night, the Department of Public Safety has yet to release the identity of the victims.

Saipan Tribune sources, however, identified the victims as Li Na Lim, 42, single, a Korean woman, and Linhua Cui, 54, single, of Chinese-Korean descent.

Some members of the Korean and Chinese community said that Lim owned Rice Cake Best Food Restaurant, while Cui, a baker, helped Lim in the business.

When asked Saturday night about reports that the victims had been shot, Gov. Ralph DLG Torres affirmed the shooting but declined to say more about the crime besides expressing hope that the police will get the bottom of this crime, solve the homicide, and catch the perpetrators.

Linhua Cui

Torres said he has not been briefed yet whether DPS has made any arrest as of Saturday.

In a press release the police issued last Friday, it said that DPS received a call last Friday at 7:35am, reporting two “unresponsive” individuals at a Korean restaurant that produces rice cakes in San Antonio. The press release did not indicate who called the police.

Police were then dispatched to the scene and confirmed the report about the two “unresponsive” females inside the restaurant. DPS crime scene technicians were dispatched to the scene. DPS has classified the case as a homicide.

“This case remains ongoing and is pending further investigation,” said DPS spokesman Adrian Pangelinan; he urged anybody who has any information on the case to call 911 or the DPS Criminal Investigation Bureau at 664-9042, or the Crime Stoppers hotline at 234-7272.

So many computer users tried accessing the Saipan Tribune’s website shortly after running a breaking news about the homicide Friday morning that it crashed.

At about 9:35am Friday, at least two police officers were seen scouring the grassy area across the road of the restaurant.

Some concerned Koreans and Chinese nationals who are friends of the victims later began arriving at the scene. Police officers talked to them to obtain more information.

As more police started arriving at the scene, some Chinese nationals renovating a two-story building adjacent to the Rice Cake Best Food Restaurant building had left the site. Only a Filipino worker was left.

Li Na Lim

At 10:30am, a Korean woman, identified as a friend of one of the victims, arrived on a van and started crying while standing outside the restaurant, which had been secured by a police line.

An hour later, chief prosecutor John Bradley and a new prosecutor with the Office of the Attorney General also arrived. A police detective guided them to the scene.

Bradley and the new prosecutor did not go inside the establishment and just viewed the crime scene from the main door of the restaurant. After a few minutes, the two left. Bradley said it’s too early to comment about the incident.

Members of the Korean and Chinese community told Saipan Tribune that victim Lim used to be a tourist guide and that she took over the Rice Cake Best Food Restaurant only a year ago. The previous owner had gone back to South Korea.

Cui, on the other hand, was one of the pioneer garment factory workers on Saipan. Cui was employed for a long time as a baker at Paris Croissant in western Garapan and had been helping Lim run the Rice Cake Best Food Restaurant.

A Korean businessman, who requested anonymity, said Cui was a very nice person and very helpful.

The businessman said that when Super Typhoon Yutu destroyed their house and shop in October 2018, Cui offered her apartment room in Dandan for his wife to stay.

The businessman said that, although his house and shop had no power, he did not leave the site to secure it from burglars. His wife, however, stayed at Cui’s apartment for a month.

The businessman’s wife said that Cui didn’t like dogs but that she still allowed her to bring her dog to her (Cui’s) apartment unit during her monthlong stay.

Cui’s family members from China are expected to arrive soon on Saipan.

The crime scene is only a stone’s throw from Royal Poker in Afetnas, where security guard James Patrick Deleon Guerrero was fatally shot by a masked man during an attempted robbery in April 2015. That case remains unsolved.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a senior reporter of Saipan Tribune. He has a bachelor’s degree in journalism and has covered all news beats in the CNMI. He is a recipient of the CNMI Supreme Court Justice Award. Contact him at ferdie_delatorre@Saipantribune.com
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BREAKING NEWS: 2 women found dead
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Jerun Kaipat, General Delivery, Saipan, MP 96950

CNMI COURT #18-0071-cv

MOTION TO COMPEL DISCOVERY

I Ask the court transfer to this case18-0462-cv ALL papers filed by me in case 18-0071-cv and note my continued objections to any lawyer or administrator.

I hereby move for an order compelling ANTONIO KAIPAT to produce Documents which reflect

1. Antonio Kaipat’s role in any entity.

2. consulting agreements between Antonio Kaipat and any entity.

3. any consult by Antonio Kaipat for any entity.

4. any payments to or from Antonio Kaipat by any entity.

5. Antonio Kaipat’s bank records, tax returns, financial statements and books of account.

I incorporate by reference herein the relevant facts as set forth in case18-0071-cv

I will set forth claims of Breach of Trust (Count I) Breach of Duty (Count II); Breach of Contract (Count III); Conversion (Count IV); Fraud and Deceit (Count V); and Unjust Enrichment (Count VI).

Antonio Kaipat’s counsel has not explained why Antonio Kaipat kept the money of Jerun Kaipat and Eric Kaipat since 2007

WHEREFORE, I ask the Court order ANTONIO KAIPAT to produce forthwith the documents specified herein and award JERUN KAIPAT all costs and attorney fees. A proposed order is attached.

Respectfully submitted,

Jerun Kaipat

CNMI COURT #18.0462

SHOW CAUSE ORDER

Antonio Kaipat show cause before this Court on DATE….TIME…. why this order should not be granted:

_Antonio Kaipat removed

_ Counsel removed

_ inheritance released

America’s cup boat

90,000 man-hours to design and engineer, and 50,000 to build.

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American Samoa
Earth : Oceania : Polynesia : American Samoa

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Quick Facts
Capital Pago Pago
Government unincorporated territory of the United States
Currency US dollar (USD)
Area 199km²
Population 57,794 (July 2006 est.)
Language Official:Samoan and English
Religion Christian Congregationalist 50%, LDS (Mormon) 25%, Roman Catholic 20%, and other 5%
Electricity 120V/60Hz (North American plug)
Country code +1 684
Internet TLD .as
Time Zone UTC -11
American Samoa is a group of islands in the South Pacific Ocean that lie about halfway between Hawaii and New Zealand and about 100km east of the island country of Samoa, which is part of the same archipelago, ethnicity and culture.

American Samoa is an unincorporated territory of the United States of America. The citizens of American Samoa are US "nationals" and not US "citizens," but they are allowed to travel freely between American Samoa and the US mainland. They are not required to obtain green cards or visas to stay or work in the United States, and they are allowed to serve in the US armed forces (and often do). There are some ways that American Samoa’s special status as an unincorporated territory has interesting legal consequences. The US Constitution is not necessarily the supreme law of the land in American Samoa, and Samoan cultural norms, in particular those related to the ownership of property and public displays of religion, actually trump certain well-settled US constitutional rights in American Samoa.

The main city is Pago Pago but the smaller Fagatogo is the constitutionally designated seat of government. The governor’s office is located in the village of Utulei, located on the opposite side of Fagatogo from Pago Pago.

Regions Edit

Map of American Samoa
Tutuila – The main island. The major part of the populations as well as the government and international airport is located here.
Ofu – widely regarded as one of the most stunning beaches in the South Pacific, with its high peaks dropping dramatically to sparkling white sand beaches, where the only other footsteps apart from your own are those of crabs
Olosega – connected by a narrow bridge to neighboring Ofu.
Ta’u
Aunu’u – Small island located by the eastern tip of the main island Tutuila.
Rose Island
Swains Island

Cities Edit
Pago Pago (pronounced "Pang-o Pang-o") – capital city

Other destinations
Understand Edit
Population was 57,496, according to the July 2008 estimate.

These islands were frequently referred to as Samoa, which is actually the name of a separate and independent country, that used to be known as Western Samoa, that lies only about 100km west of American Samoa. Also, the whole island group, including Samoa, are often identified as the Samoan islands.

Settled as early as 1000 BCE by Polynesian navigators, Samoa was reached by European explorers in the 18th century. International rivalries in the latter half of the 19th century were settled by an 1899 treaty in which Germany (later Britain) and the US divided the Samoan archipelago. The US formally occupied its portion, a smaller group of eastern islands with the excellent harbor of Pago Pago in the following year.

American Samoa is warm, humid and rainy year-round, but there is a long, wet summer season (October – May) and a slightly cooler and drier season (June – September). Total annual rainfall is 125 inches at the Tafuna airport and 200+ inches in mountainous areas. Such rainfall gave the English writer Somerset Maugham the name for his short story "Rain", based in Pago Pago, which was subsequently turned into a play and movie.

90% of the land in the group of islands is communally owned. Economic activity is strongly linked to the US and the greater part of its foreign trade is with the US. The private sector is dominated by tuna fishing and the tuna processing plants, canned tuna being the primary export. Monetary transfers from the US Government also add substantially to American Samoa’s economic well-being. Since the emergence of US influence and control the government of the United States of America has put up resistance to the emergence of local independence movements. Following the lead of the British and Germans in Western Samoa, in the early 20th century the American Samoa Mau movement was actively suppressed by the US Navy as well.

The Governor of American Samoa is the head of government and exercises executive power. American Samoa is an unincorporated and unorganized territory of the United States, administered by the Office of Insular Affairs, U.S. Department of the Interior. Its constitution was ratified in 1966 and came into effect in 1967.

In both American Samoa and (independent) Samoa there is traditional village political system common to all of the Samoa Islands, the "fa’amatai" and the "fa’asamoa" interacts across the current international boundaries. The Fa’asamoa represents language and customs, and the Fa’amatai the protocols of the "fono" (council) and the chief system. The Fa’amatai and the Fono take place at all levels of the Samoan body politic, from the family, to the village and include regional and national matters. Do not get confused by the fact that none of the places on this page are described by precise addresses, as such a thing does not exist at American Samoa. Instead everything is described by village and further landmarks.

American Samoa Visitors Bureau, Level 1, Suite #200, Haleck Center, Corner Ottoville Rd & Ili’ili Rd, Ottoville, Pago Pago, ☎ +1 684 699-9805, (Fax: +1 684 699-9806, info])
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