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Judge Sends O'Bannon Class Action Against NCAA to Trial
by Emily Attwood
Remember Ed O'Bannon, the former UCLA basketball player who filed suit against the NCAA more than four years ago, alleging it was profiting off of O'Bannon and other NCAA athletes' likenesses found in EA Sports video games? After a long and winding road, a federal judge has okayed the class-action suit to go to trial, setting a start date of June 9.
While it is still possible a settlement between the NCAA and the plaintiffs will be reached prior to the start of the trial, the outcome of the lawsuit could have drastic consequences for the NCAA, college athletic conferences and television networks. At the heart of the lawsuit is the NCAA rule that prohibits student-athletes from profiting off of the use of their name, likeness or image.
"We're not asking for any money to be paid," said Michael Hausfeld, attorney for the plaintiffs, during a summary judgment hearing on Thursday. "We are asking for the restraint to be removed ... and then the market will determine how it plays out."
In January 2013, the lawsuit expanded to allow current athletes to join, as well as target other entities profiting off of athletes' likenesses, including conferences and television networks. The plaintiffs are in the process of working out settlement details in their suit against EA Sports.
Thursday's hearing took into account various arguments by both sides, including the NCAA's assertion that the First Amendment protected it from requiring athletes' permission to broadcast their appearances at games. U.S. District Judge Claudia Wilken also called into question whether the NCAA's no-pay rule violated antitrust laws.
"Up to this point you always heard the NCAA argue that these restraints are lawful -- purportedly," Hausfeld said. "We're done with that. There's no presumptions. This court is saying if we go to trial, you're going to have to prove that."
Should a jury rule in favor of the plaintiffs, the results could bankrupt the NCAA, though a lengthy appeals process would first ensue. A less drastic outcome could result in concessions from both sides, with restrictions on athletes' ability to profit from their likenesses removed or lessened, or schools agreeing to set aside a portion of revenues for athletes.
Municipal sport and recreation service providers may have policies and procedures in place to minimize risks inherent in dangerous activities, but employees who fail to implement those protocols expose themselves and their organizations to liability. Moreover, municipalities should never view the governmental immunity defense as a foolproof safety net for negligence. These concepts recently came to light in Engelhardt v City of New Berlin, et. al., No. 2016AP801 (2019).
Senator Introduces Bill Supporting Equal Pay for USWNT
As the U.S. continues to bask in the glory of its women's national soccer team winning a record fourth World Cup, the team's fight for equitable pay has garnered more attention.
Ex-Detroit Mercy Basketball Player Alleges Abuse
A former Detroit Mercy basketball player has filed suit against the university, athletic director Robert Vowels and ex-head coach Bacari Alexander, over a sexually-charged incident that occurred during a practice in 2017.
A University of California Davis beach volleyball player has filed a negligence lawsuit against the University of Oregon.
Ex-USC Assistant Claims Whistleblowing Retaliation
A former member of the University of Southern California football coaching staff alleged in a lawsuit that undergraduate students were paid to pose as graduate assistants from the team to take online classes on their behalf and fulfill their degree requirements, and that reporting these and other potential NCAA violations led to his departure from USC.
Parent Assaulted in Locker Room Awarded $38K
The mother of a student-athlete has been awarded $38,000 after a jury found she was assaulted by a teacher who helps out with the high school football team.
Lawsuit: HS Basketball Coach Harassed Outed Player
The family of a high school basketball player is suing several Ohio school district officials, claiming the athlete was subjected to harassment once he was outed as gay.
AD Failed to Report Abuse by Water Polo Coach
A high school athletic director in California has admitted that he spent just 15 to 20 minutes investigating allegations of sexual misconduct with female players by a former water polo coach back in 2015.


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We Get Letters
The Beach ReporterTBR Opinion
By Beach Reporter |
For the week beginning November 11
Editor's note: Last week we asked for comments about what the next steps should be for the harbor area and whether Measure G opponents will try new tactics.
Not whether you win or lose
I don't believe that the victory of Measure G has changed anyone's opinions. However, I have always believed that constructive conversation and compromise can result in a positive outcome for our community.
When people are not invested in winning or losing or taking sides, we can become a community with so much to be proud of.
Marna Smeltzer, Redondo Beach
Time to move forward
With the passage of Measure G, Redondo Beach voters have spoken and approved a set of land use rules everyone must now follow that places limits on all harbor and pier-area improvements that are critical to the future economic vitality of our community. By approving Measure G, we now have the certainty needed to make private investments possible, something that has been lacking because of the scare tactics waged by opponents of harbor and pier improvements.
What must happen now is to communicate to the investor community that the Redondo waterfront is a place to invest and that civic leaders will ensure that high-quality improvements are made within the density limits of Measure G that will transform our harbor and pier area into a world-class destination we can all be proud of.
Opponents of Measure G need to stop opposing everything and start doing something positive that actually helps the city. Just saying "no" and fabricating scare tactics didn't work and should end now.
It is time to start the difficult task of moving forward, something much more challenging than merely opposing all future improvements to the Redondo waterfront.
Michael Jackson, Vice Chair, R.B. Harbor Commission
Conciliatory gesture
Good – no – great things are happening in Redondo Beach. We have seen the opening of the new North Branch Library, the Galleria area is improving and now, with Measure G, we have a certified local coastal plan with which our waterfront can be revitalized.
BBR (Build a Better Redondo), founded by Jim Light and Bill Brand, won a $313,000 judgment equal to the cost of three police officers. Brand and Light have made conciliatory statements now that they lost the election. I request that they return the $313,000 judgment as a conciliatory gesture. The election results prove that their lawsuit does not represent the will of the people of Redondo Beach.
Steve Diels, Redondo Beach
Reshape harbor to suit citizens
Measure G passed with a slight majority (52 to 48 percent). The task now for our city staff and council is how to develop this site. Those involved with shaping our harbor need only to ask themselves, "What would entice me – as a Redondo resident – to walk, bike and enjoy the area?" "What would bring the general Redondo population to this site?" The answer is not monolith hotels, convention centers, timeshares or leasable retail outlets with no firm tenants. It is the responsibility of those involved to think of the people who live, work and pay taxes here – first and foremost.
Don't let bad history repeat itself. You can't start with an outside developer's idea with dollar signs behind it and then "fill in" the site's footprint as years go by. I've lived here for 33 years and have yet to see a comprehensive vision for our city from those in charge that got overwhelming support. After the oversized Decron Plan was shown to me last year by a pro-G councilman, I hope more forethought will be given to the residents this time around. It is possible to develop this site to provide a sense of community, a gathering place to meet and get to know one another, a downtown seaside village that embraces the harbor's natural sights and sounds that are already developed.
By providing the community with a tangible vision based on superior planning that this site demands, the city can potentially get support from the entire community.
James McLeod, Former Two-Term Preservation Commissioner, Redondo Beach
Power plant battle continues
Now is a great time to join the South Bay Parkland Conservancy (SBPC). While the Power Plant battle continues, Measure G still allows for parkland at the AES site, which was a big rallying point for its supporters. SBPC will meet monthly to discuss the creation of new open space park areas, view preservation in the harbor and issues surrounding both the AES Power Plant and Desalination Plant. If you would like to get involved in SBPC projects, including establishing a native garden under the power lines at PCH and Herondo, please go to www.southbayparks.org for more information or contact us at info@southbayparks.org.
Christine Wike, Parkland Conservancy Board member, Hermosa Beach
Real repentance
I was happy to see that the opponents of Measure G are so congratulatory to the citizens of Redondo Beach who supported the Measure. It would be a real show of repentance if Jim Light and Bill Brand would restore the $313,000 that their campaign cost the citizens of Redondo Beach. I doubt that will happen. Most likely, the BBR forces will continue to cost the city a great deal more money in the future. I doubt that they will back off in their ego-supporting efforts.
Bill Becker, Redondo Beach
Thank you, Measure G supporters
I want to personally thank each and everyone who supported and/or voted for Measure G. Since AES purchased the power plant in 1998 and first broached the idea of redeveloping some of its waterfront property eleven years ago, I've participated in over 100 public meetings, workshops and hearings related to the land use issues regarding our city's coastal commercial area. Along the way I've had the privilege of meeting many fellow citizens who share my desire to improve our Pier and Harbor area as well as the entire community. Although the passage of Measure G was a significant milestone, the real work of actually transforming our Pier and Harbor area back into a place that all of us can once again be very proud of and frequently enjoy still lies ahead. In this regard, I hope everyone stays connected and continues to express your concerns and support as new issues arise which can easily be done vis-a-vis www.SaveOurSeaside.com. Together we can turn our visions into realities! Thanks for caring.
Sean Guthrie, Redondo Beach
BBR should return funds to city
If we really are to move on, all of us moving forward together, burying the hatchet as it were, it would be nice to see the leaders of BBR not take the $313,000 they have been awarded in their lawsuit and leave those funds in the city coffers to help pay for city services like police and fire personnel.
The positive effects of the Measure G win will be seen immediately as the owners of Shade Hotel go to work building the new Redondo branch of their boutique hotel and lead the way for other outside investors to make this harbor the beautiful oasis it can be.
I know we will all be happy and will benefit from the voters will on this issue.
Steve Goldstein, Redondo Beach
Art on the Beach
When the colorful panels first went up on our local lifeguard stands, I decided to postpone judgment until I'd lived with the idea. But I had to wonder: Who made the decision to do this and what public input was solicited? If some authority is going to impose such obtrusive "art" on untold thousands of beach visitors and residents for six months, shouldn't there be some public consensus? Did anyone ask you?
But what really started to bug me was that the designs and colors were so inappropriate for the setting. What do computer-generated daisies and Peter Max graphics have to do with the beach atmosphere? Sure, there are some fish at 5th Street, but they look like they swam out of a Mac too.
There is the nice human-interest angle of kids painting between the lines, and each stand promoted a cause. But, except for those with previous knowledge of these groups, I wonder how many of you visited any of the Web sites being promoted. Did you make a donation? I can't remember a single Web site, and I'll bet you can't either. Was it worth it? Is anyone looking at that?
I will not miss those garish panels. I see that the railings and framework of the stands are still painted loud primary colors. Let's get rid of that too. Back to blue!
Allan Mason, Hermosa Beach
Burn Foundation support
I would like to thank our community for generously supporting the Manhattan Beach Firefighters Burn Foundation. Beginning on Sept. 11 at the Police and Fire Open House, during the Manhattan Beach Hometown Fair at the Burn Foundation booth and on Oct. 23 at Beach Taco Day, nearly $5,000 was raised to support this very worthy cause. I would also like to thank the Neptunian Woman's Club members as they gave of their time to staff each of these events to raise money for this cause. More than 100 hours of staffing and many dozens of baked goods were contributed by our club members. I am proud of our community and all who serve in it.
Linda LeRoy, President, Neptunian Woman's Club, Manhattan Beach
Response to Donna Kahl
She has received so many services from the Police and Fire departments. Certainly they should do something about "hate mail." All but one of the firemen live out of town, so how does one go about sending any mail?
We all love our firemen/paramedics. We even love our policemen. But does that prohibit discussion of "over-the-top salaries"? A pox on the citizens of Bell!
Yes, policemen were shot at the local theater. Why were they there? Since when does the city provide policemen to guard private property?
The average taxpayer who earns far less also contributes to charities.
We should feel sorry for the city manager who obtained that position by circumventing the competitive process and who is earning in excess of $400,000?
The parks director left his police position because he was "disabled." As disabled as he was, he went on to manage a "huge department at a local company."
Now this poor "disabled" man was mysteriously appointed to head the Parks & Recreation Department without competitive exams. One might think he had an influential relative working for the city.
Bless those so-called "gadflies" for alerting the rest of us. We are astounded to learn that union tactics were used to obtain salaries and benefits that are way above the recipients' education and ability.
Your pension and benefits are safe. The bogeyman will only come for our children.
M. Olinick, El Segundo
Stereotypes part of beach cities living
This is in response to the letter from the woman whose husband was stopped by the M.B. police. While I guess I'd call myself Caucasian, my mother is Panamanian. I live with a woman that is Columbian, and she has been mistaken for the nanny while picking up my girls at Grandview and gets asked at least once a month if she is the maid at the house we live in on the strand in Hermosa Beach. We actually laugh about these situations, but maybe we are weird.
I guess what I would tell your kids is that we in the beach cities live in peace and safety but are separated by a thin line from several communities that are rife with violence and criminal activity which at times spills over into our city. It just so happens that most of the criminals happen to be either black or Hispanic, and that, out of fear, one of your neighbors mistook their father for one of those criminals because of his skin color and see where the conversation goes from there. We can find racism everywhere if that's all we're looking for, but what you call racism is in reality fear, and the simple fact is that not all of those fears are unfounded.
Steve Fulton, Hermosa Beach
Sally Miller misinformed
Hermosa's City Council (with no help from Councilman Patrick "Kit" Bobko) did what it could to deny tattoo parlors as a permitted use; however, a tattoo business operator challenged the city in court and won.
Incredibly, a Nov. 4 Beach Reporter letter from Sally Miller, who appears very much against tattoo businesses, mistakenly praised Bobko and Councilman Michael DiVirgilio as if they were also involved.
The fact is Bobko and DiVirgilio voted against the Council's prevailing motion to place restrictions and reduced hours on tattoo businesses. Bobko and DiVirgilio instead motioned for no limits whatever on the number or spacing of tattoo businesses permitted on Pacific Coast Highway and Aviation Blvd. Bobko has ballyhooed from day one that he favored tattoo businesses being allowed in Hermosa Beach.
"Republican" Bobko, and "Democrat" DiVirgilio, neither of whom own a home or business in town, in my view moved here to seek and use elected office for personal political gain at the expense of this city's residents. Meanwhile, long-term residents Councilmen Peter Tucker, Howard Fishman and Jeff Duclos are trying to improve the city, especially with respect to controlling alcohol expansion, which Bobko and DiVirgilio endlessly stifle.
During Council's Oct. 26 meeting, Bobko and DiVirgilio indicated support for still more full liquor licenses on upper Pier Avenue, and of permitting 5,000- to 15,000-barrel-per-year beer-production breweries near South Park, next to expensive residences.
Sally Miller, unfortunately, appears very misinformed of Bobko and DiVirgilio's true positions regarding tattoo parlors and alcohol expansion.
Howard Longacre, Hermosa Beach
LA Lung Cancer Walk a success
We would like to thank all of the donors and sponsors as well as the City of Manhattan Beach and all the participants who helped make this Saturday's L.A. Lung Cancer Walk at Manhattan Beach a success. This is the fourth time that the L.A. Lung Cancer Walk, Give Hope, was carried out and our first time as co-chairs of the event. After months of preparation, we were delighted with the turnout of almost 400 participants, the amount raised to support Lung Cancer Research, nearly $60,000, and the good spirit and supportive attitude of everyone at the event. Special thanks to those vendors that provided material for the event: Peregrine (also a silver sponsor), Yellow Taxi (also a bronze sponsor), Union Bank, Peet's Coffee, Grow, L.A. County Lifeguards, Kashi, Lulu Lemon, our awesome DJ Pat Telford and his audio equipment, and the media present during the walk, KOST 103.5 and KECN 88.5. We would like to express our gratitude to all our sponsors: our Platinum (Couts Heating), Gold (Genentech), Silver (Meadowbrook Dairy) and Bronze sponsors (Amgen, OSI Pharmaceuticals); in-kind sponsors: The Beach Reporter, healthylife.net, Michelob Ultra, El Sombrero and Memphis. Every donor was a pleasure to work with.
Most importantly, we want to tell our friends, family and the awesome walk volunteers: Without you this would not have been possible! More information and pictures of the event can be found at www.lungevity.org/lawalk.
Maria Caponi & Alison Riddle, Manhattan Beach, Co-chairs, L.A. Lung Cancer Walk "Give Hope"
Send in Trash Tax protest ballots
El Segundo residents will be hit with more than half a million dollars each year in new monthly trash taxes per container – unless they act now to stop this unfair and insidious tax. Everyone must fill in and return the Trash Fee Protest Ballot they received from the City in the mail. Unreturned Protest Ballots count as YES votes.
Everyone who owns or lives in residential property (house or up to four units) should have received their Trash Fee Protest Ballot in the mail by now. It is important that everyone read it carefully, complete it correctly, and bring or mail it to the City Clerk's office at 350 Main Street.
If you did not receive a Protest Ballot, contact the City Clerk's office at (310) 524-2306. Please ask all your relatives, friends, and neighbors in the city to complete and return their Protest Ballots as soon as possible.
The new residential trash tax will charge us twice for the same service. We already pay for this service through existing taxes – residents pay property taxes and much of the business taxes, which are passed on to consumers as a cost of doing business.
Furthermore, our existing trash containers will be rendered obsolete and we will be forced to pay for new ones from the trash hauler. Also, we will no longer be allowed to put tied-off trash can liners out for collection.
The only purpose for this new Bell-style tax is to continue paying indefensible salaries and benefits to certain city employees.
Jacqueline Doyle, El Segundo
ReStyle will be missed
Long live ReStyle – the leaders of Punk Rock style in the South Bay! Where I bought my first pair of Creepers, Bondage Pants, Cramps t-shirt, Bauhaus t-shirt, Siouxsie t-shirt, Sisters of Mercy t-shirt, Damned t-shirt, Black Flag t-shirt, Ramones t-shirt, Joy Division t-shirt, Bondage belt, Bondage bracelet, bootleg Billy Bragg and New Model Army cassettes… I could go on for hours, for years, literally… Twenty-five years to be exact. They rule the memories of my youth and beyond. Rodge and Danielle helped shape my musical tastes and helped raise me in a way. I love them and appreciate their friendship and I completely respect them as people, as well as their taste in music and fashion. I love that they have memories of my mother, a woman who they still ask about to this day. The woman that walked this Death Rock/Punk Rock-loving kid, with credit card in hand, into their sanctuary on Pier Avenue. A place that will always live on in my heart and in my head. Thank you for everything that you have given to us and taught us. Viva Danielle! Viva Rodge! Viva ReStyle. POR VIDA!!
Arturo Trujillo, Torrance
TBR Letters
Beach Reporter
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redpajama_set_name: RedPajamaCommonCrawl


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Kasumu: The work doesn't stop now
Young midfielder determined to push on next season…
Young Dons reflect on Shrewsbury and season
Sam Nombe and David Kasumu speak to iFollow MK Dons after featuring in the 1-0 victory over Shrewsbury Town...
Aged just 18, David Kasumu has already made his Sky Bet League One debut and picked a Man of the Match award. The young midfielder featured heavily for Edu Rubio's Under-18s side this season during their historic title-winning campaign.
Kasumu was handed his MK Dons debut in August 2016 during the Club's EFL Cup victory over Newport County before being named Man of the Man in October's Checkatrade Trophy draw with Stevenage.
After impressive performances for Edu Rubio's Under-23 and Under-18 sides, the youngster penned his first professional deal in December.
The Bletchley-based midfielder's performances saw him named as a substitute a number of times throughout the season before he eventually made his Sky Bet League One debut in last weekend's 1-0 win over Shrewsbury Town.
Talking to iFollow following the victory, Kasumu expressed his gratitude for those who helped the academy graduate reach this stage of his career.
"I'm really pleased and very appreciative to the gaffer for giving me a chance and obviously I just keep on working hard and hopefully carry on playing and come back next season as fit and as good as I can.
"It's been a good season personally but I need to keep on pushing and carry on getting better and better it doesn't stop now."
He added, "It was a good experience in a nice pitch with a nice stadium. It was tough to come on in the 80th minute but I was pleased to get on."
The energetic midfielder knows that the work isn't done yet though and has stated he'll be working hard over the summer to impress during pre-season.
"In the off season, I need to do the right things and come back fitter and stronger. Hopefully next season it can be a special season."
Shrewsbury Town vs MK Dons on 05 May 18
David Kasumu
Trio turn pro
Jay Bird, Charlie Pattison and Matthew Sorinola have signed their first professional contracts with MK Dons.
Academy to face Newport Pagnell in pre-season
An MK Dons Academy side will face local non-league side Newport Pagnell during their pre-season schedule.
Interview: Edu Rubio on winning Central Development League
Extended highlights: Brackley Town
Moore: Friendlies provide much-needed learning curve
MK Dons officially started their pre-season friendlies on Tuesday night as they overcame Brackley Town 5-1.
Game in 2: Brackley Town
Gallery: Brackley Town


May 18, 2011, in the Board Room will disclose information of the kind set forth in Subsection (4) of Section 552b(c), Title 5 of the United States Code.
Board Decision: REFER TO U.S. CONGRESS. Chairman Hochberg, Director Kian and Director Farrell all voted in favor of the referral.
Board Decision: APPROVED. Chairman Hochberg, Director Kian and Director Farrell all voted in favor of the transaction.
voted in favor of the referral, Director Farrell recused herself.
Board Decision APPROVED. Chairman Hochberg, Director Kian and Director Farrell all voted in favor of the amendment.
voted in favor of the transaction.
Insured: Interfinanciera, S.A. de C.V., SOFOM, E.N.R.
Pasternak, Baum & Co, Inc.


There once lived a fierce woman who often beat her husband, so the neighbor rebuked her, saying, "the husband is usually the head of the family; for the husband is like the head, the wife is like the body, how could body not follow head?". "Why can't I hit myself on the head?", the fierce woman answered.


BC - The Business Council of British Columbia offered the following comments on the recent Economic and Fiscal Update presented in the House of Commons by Finance Minister Bill Morneau.
"We welcome news that the federal government's budget deficit is shrinking more quickly than expected, mainly thanks to stronger economic growth so far in 2017," says Greg D'Avignon, the Business Council's President and CEO.
"Over the past year, Canada's economy has been outperforming what forecasters were calling for nine and 12 months ago," adds Jock Finlayson, the Business Council's Executive Vice President and Chief Policy Officer.
Commenting specifically on the federal government's infrastructure plan, Mr. D'Avignon expressed support for the establishment of the proposed Canada Infrastructure Bank. But he also highlighted the sluggish pace at which new infrastructure spending is being implemented.
The Canadian business community is concerned about the status of the NAFTA negotiations and the prospect that the agreement could unravel.
With the United States acting to overhaul and reduce taxes and tackle excessive regulation, Canada needs to be alert to the risk that investment and jobs could flow south. "We urge the Trudeau government to re-calibrate its approaches to tax policy and to energy and environmental regulation," says D'Avignon.
Finally, the Business Council applauds the federal government's commitment to spur innovation and develop a highly skilled workforce. "The Business Council endorses greater financial support for low and middle-income students enrolled in post-secondary education, as well as stepped up funding for work-integrated learning programs and research internships," states Finlayson.


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Home WinBuzzer News Microsoft Nets Contract to Provide 98 of Australia's Federal Agencies with Office...
Microsoft Nets Contract to Provide 98 of Australia's Federal Agencies with Office 365
Microsoft will provide all but 2 of Australia's government agencies with Office 365, Windows 10, and other software. It will also provide vital Azure training to 1,400 employees.
Ryan Maskell
July 16, 2019 6:51 pm CEST
Microsoft Australia has signed a deal with the country's federal government that will provide 98 of its agencies with Microsoft 365. The software suite will give them access to Office 365, Windows 10, and enhanced secure mobility via the cloud.
The agreement, which spans three years, is part of Australia's plans to become of the world's top three digital governments by 2025. As well as the cloud suite, Microsoft says its volume licensing agreement "opens the door to accelerated adoption of Microsoft Azure and Dynamics 365".
The agreement will have a large impact on the company's local partners, which number 10,000, making it easier for them to do business with the agencies. Microsoft says these partners employ over 300,000 people, and software vendors will have streamlined access to Microsoft platforms for deployment in the public sector.
Training and Digital Transformation
The tech giant has also agreed to work with the Australian government for upskilling via 1,400 Azure training places. The general idea is to stop tech from being a barrier to work and cut out time-consuming infrastructure management.
"Whilst these investments – and many others like them – are important, we believe that for Australia to truly prosper in the digital age we need to acknowledge that it is people first, technology second. This is why at the heart of this agreement is a commitment to help government and by relation Australian citizens across the country to develop the skills that will be so essential to our continued prosperity," said Steve Worrall, managing director at Microsoft Azure Australia.
"This agreement with the Federal Government is an important opportunity for Microsoft and our partner community to help develop the sorts of transformative digital solutions that will benefit all Australians."
The attitude from Australia stands in contrast to assertions from Germany's privacy watchdog last week. A data authority in the German State of Hesse recently warned that Office 365 can't be used in schools due to a lack of clarity about what it does with collected data. Though Microsoft provides modified versions of its software to government, privacy remains a concern as the country pushes for digital transformation.
SOURCEMicrosoft
Microsoft Australia
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http://ryanmaskell.co.uk
Ryan has had a passion for gaming and technology since early childhood. Fusing the skills from his Creative Writing and Publishing degree with profound technical knowledge, he enjoys covering news about Microsoft. As an avid writer, he is also working on his debut novel.
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Home Law and Justice Good Guys With Guns?
Good Guys With Guns?
If a good guy with a gun is the answer to gun violence, then why has the Bureau of Alcohol, Tobacco, Firearms and Explosives relied on interim directors for nearly a decade?
by Gabrielle Gurley
Matt Rourke/AP Photo
Shannon Waedell-Collins pays her respects at a memorial to the victims of the Tops supermarket massacre, Buffalo, New York, May 18, 2022.
Thoughts and prayers are raining down on Buffalo like the bullets that massacred ten people who were food shopping last Saturday. In response to every horrific mass shooting, conservatives and Second Amendment enthusiasts point out: If a good guy with a gun had been around during any one of the dozens of mass shootings that have taken place in recent times, more of the victims would be alive today. Gun rights proponents use this rationale to support open-carry laws and other liberalization measures, saying that such laws would control other crimes committed with guns, from home invasions to muggings.
But if a good guy with a gun is the answer to gun violence, then why has the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) relied on interim directors for nearly a decade? Why is the nomination of President's Biden's second candidate to direct the bureau still so controversial? And why does an American president have resort to administrative state decision-making to stem the proliferation of weapons that many soldiers and veterans say should not be in civilian hands?
More from Gabrielle Gurley
If more good guys with guns is the answer, and presumably ATF has more than a few, then Steve Dettelbach, the former U.S. attorney for the Northern District of Ohio, should be uncontroversial. While Democrats only need 50 votes to confirm agency nominees, the Biden administration's route through Republican intransigence has been not to just select an eminently qualified individual, but to nominate someone who has already secured bipartisan backing for a federal position requiring Senate confirmation—a lesson learned from the Supreme Court Justice Ketanji Brown Jackson confirmation proceedings. Dettelbach earned unanimous support to become U.S. attorney in 2009.
According to Lindsay Nichols, federal policy director for the Giffords Law Center to Prevent Gun Violence, a national advocacy group, the ATF has not been able to effectively carry out its regulatory functions, such as monitoring background checks or assuring that guns are not diverted into illegal commerce and trafficking, "because of a lack of resources, a lack of leadership, and a lack of will."
Dettelbach has multi-jurisdictional expertise on violent crime, especially domestic terrorism and gang-related crimes. He has a track record of working with federal, state, and local law enforcement to fight violent crime and combat domestic violent extremism and religious violence, including through partnerships with the ATF to prosecute complex cases and investigate violent criminal gangs. And he has worked closely with local law enforcement officials and community leaders nationwide.
Moreover, Dettelbach knows how to handle complex cases involving politics, intense media scrutiny, and violence of the kind perpetuated by white extremists, according to Nichols. He has prosecuted two important cases: one involving a white supremacist who set fire to the prominent African American First Azusa Apostolic Faith Church in Conneaut, Ohio, and another involving a Marine veteran who set fire to the Islamic Center of Greater Toledo. "That's the work that the [ATF] should be doing and one of the reasons we need an ATF director," Nichols says.
State and local law enforcement depend on ATF to investigate crimes like the Buffalo massacre and trace the guns used in these crimes. Localities do not have the budgets, people, technology, or legal authority to do so. Federal law, for example, requires the gun industry to reply to requests from ATF regarding tracing guns, "putting ATF in a unique position," according to Nichols.
Last month, President Biden announced the Dettelbach nomination at the same time as the Justice Department's final rule on ghost guns. Ghost guns cannot be traced but can be made by anyone without passing a background check, using kits ordered online or at home with 3D printers. In doing so, the president sent a signal of the importance of having a permanent leader installed at a bureau that is facing multiple challenges. In 2021, about 20,000 ghost guns were reported to ATF as having been recovered by law enforcement agencies, a tenfold increase since 2016, according to a White House fact sheet.
Concurrent with the rise in violent crime, especially hate crimes, the increasing sophistication of a technology that allows people to evade the existing gun laws means the agency has reached a pivotal juncture. "ATF is going to have to undertake a whole new form of investigation and prosecution that it hasn't done before, and prioritize accordingly," Nichols says.
In 2006, the NRA lobbied Congress to enact a law requiring Senate confirmation for the ATF nominee.
But the Jackson standard may not help Dettelbach. With Congress set on a policy of de facto gun proliferation rather than control, one might conclude that he is not their man. The Biden administration is not the first to run into the brick wall that is the Senate on ATF leadership. The ATF director was once a direct presidential appointment. In 2006, however, the NRA successfully lobbied Congress to enact a law requiring Senate confirmation for the ATF nominee, giving gun rights advocates a means to control who ends up in the bureau's top slot—if anyone ends up in the slot at all.
President Obama is the only president to have his nominee, B. Todd Jones, installed at the agency since the 2006 change. He retired in 2015, the last year that the agency had a permanent director. President Trump could not find a person to satisfy the far right. His choice to head the agency, Chuck Canterbury, a former national president of the Fraternal Order of Police, refused to disclose his views on background checks and other gun rights litmus-test issues, and he ran afoul of far-right Senate Republicans like Sen. Mike Lee (R-UT). Trump withdrew his nomination.
Despite Democratic claims to support gun safety laws and the ability to confirm nominees with only Democratic votes, Biden's first nominee, David Chipman, was forced to withdraw. A Senate Judiciary Committee hearing has not yet been scheduled. Dettelbach has earned the support of over 100 mayors from both major parties.
With Biden reaching the limits of what a president can do absent healthier majorities in Congress, the midterm elections will indicate where the appetite for stronger background checks and other gun control initiatives goes. But in early May, when Monmouth University pollsters asked 807 adults to rank six policy issue areas, gun control came in number five behind the economy, abortion, health care, and immigration.
The president had to make the pilgrimage to the latest massacre site, as his predecessors have done for years. But the gesture, though undoubtedly genuine, is so much performance art in a country where gun violence is endemic, and gun proliferation rather than control the strategy of choice. Although many members of Congress support stronger gun control measures, there are just as many lawmakers who are content to offer "thoughts and prayers" after these American massacres.
As for a good guy with a gun? "Simply having guns is not necessarily going to help and unqualified civilians are even less likely to help," Nichols notes. "They don't receive any training. They may misjudge the situation. They're not law enforcement officers."
At the Tops supermarket in Buffalo, there was a good guy with a gun with all the training that one could require. Aaron Salter Jr., a retired 30-year veteran of the Buffalo Police Department, worked as a security guard at the market. "He's a true hero," Buffalo Police Commissioner Joseph Gramaglia said earlier this week. "There could have been more victims if not for his actions." Salter fired on the alleged assailant, Payton Gendron. He wore body armor; Salter did not. The veteran officer died of his wounds. He was 55.
New York Terrorism Politics Executive Branch Gun Violence Congress Joe Biden
Gabrielle Gurley
Prospect senior editor and award-winning journalist Gabrielle Gurley writes and edits work on states and cities, transportation and infrastructure, civil rights, and climate. Follow @gurleygg
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