Again: preface - I don't disagree with the spirit.
However - 4th amendment applies to government and government entities. It does not apply to this instance.
IF they posted up a cop that required you to present information prior to entry AND used refusal to provide "papers" as cause to detain and search: 4th violation. By the cop.
No-ish. First, I'm not defending the request for proof - it's BS, and I agree with u/PeachAndLovePatriot
It's not a violaiton of HIPAA - why? HIPAA covers the medical providers and recipients of PII and health-records. It's a privacy and portability regulation to permit sharing of necessary records among materially-involved parties, as well as the subject party's ability to know and control what is shared.
ADA has a bit more coverage, but only if you can argue that you are being discriminated against on account of a disability, and that would have to be a disability that would prevent use of a mask. In that case, you could still be denied travel, and would have to fight the response in court, and disclose (as evidence) your disability. You'd also have to demonstrate you gave the airline sufficient information to show that their decision was informed and discriminatory.
Bottom line: I can ask. You don't have to tell me. I "can" refuse service.
Now, the tricky part for the businesses becomes "Why can a business be protected in THIS case, but be forced (under 1st and 14th amendments) to bake a cake, provide church services?" THAT'S the slippery-slope they've created with those cases. Good luck, though, getting those entered as cited cases if you're fighting it, because we've all seen how corrupt and poisoned the judiciary has become.
As you reach here: for the record. I have not worn a mask. I refuse to wear a mask. I refuse to patronize businesses that demand masks. I will not fly for this reason.
I am simply stating the lack of actual applicability of HIPAA in this scenario. ADA, marginally, but you've got some burden to prove it. Retail will probably give up when pushed. Airlines will hold firm.
Now, it WOULD be a HIPAA violation if the retailer used your proof-of-vaccine to call the provider/doctor to verify it. Especially if the provider confirmed it - this falls entirely in HIPAA camp, as it involves you (patient) and the provider, who are covered subjects and parties under HIPAA.
Yeah, don't disagree at all. I figured you were right that this wasn't US, but since it's CA, it kinda isn't
The yelp notice makes it look like yelp disabled them. Dunno if it was “by request“ or automated. You can bet they wouldn't be disabled if they were all positive, or if they were attacking a business that forbid masks...
And their yelp reviews are disabled. And they took down their Instagram...
Like your username, too. we're in the middle of moving back to OK. Getting out of TX. Rural, 10 acres, and - wait for it - 1Gbps fiber to the wall.
Grew up in TX. I identify as an Okie.
Seal beach, ca. Bistro St. Germain
Yelp reviews disabled : https://m.yelp.com/biz/bistro-st-germain-seal-beach
As u/dumb_okie points out, they've taken down their contact us page. https://bistrostgermain.co
they've also taken down their Instagram. https://www.instagram.com/bistrostgermain/
Yeah. The.wording sucks. Just moved from TX to OK. Asshat Abbot did decree a.statewide mandate. OK only had a requirement for state buildings.
So, I guess technically a mandate, but at least one somewhat within the realm of control of the governor (somewhat).
I grew up in Texas. I miss what Texas thinks it still is. I do not miss what Texas has become.
Troof.
This is the same argument I make for our education system. It is only a failure when expecting it to be what it isn't. It is WILDLY successful at funneling money, thought-training, and creating state-dependent consumers.
Thus, we homeschooled.
Yeah. It's been up for debate for awhile. McCain got caught up in it because he was born outiside the US, but to American citizens. Argument was he was not born on US soil. Counter argument has also been made.
I'm sure.CJ Roberts will have some ridiculous position on it.
If you're trying to get direct pacer access (not a monthly charge), go here:
Not an attorney - just have a pacer account. Anyone can get a pacer account (I don't remember the cutoff amount, but if you use less than a certain dollar amount of views in a quarter, it's free - this is to keep in-line with "free public access" requirements).
It's 0.10 a page for documents/records, same 0.10 for queries/transactions. I usually do not incur charges each quarter. Depends on what I'm curious about or looking for.
For this, you all are welcome - there were about 30 pages of current filings. So, not a bad $3 spend.
Seriously, it's worth it to have a pacer account. Used it to look up lis pendis and bankruptcy info on a property we were looking at to figure out if liens or title would be a problem in advance. It's very handy to have.
It's on pacer site - filed 1/4
Order judgement: 1/20
Civil case docketed: 2/10 Briefing schedule set on 2/12 - brief and appendix due 3/24. Appellee's brief due 30 days following appellant's brief. Appellant has 21 days to respond to appellee's response.
Filing fee paid 2/12.
3/1 - Notice issued. After 3/15, 2 attorneys will no longer receive notice of court issued documents unless they register for an appellate ECF account.
3/2 - Notice of appearance on behalf of appellees J. R. Biden Jr, Kamala D Harris and Mike Pence filed by John G. Osborn.
Defendants: Kamala D Harris Joseph R Biden Jr Democratic National Committee Maine State Democratic Committee Main Secretary of State John Does Michael R Pence
Summons in original case issued to Defendants on 1/15 Kamala Harris served 1/15 Pence served 1/15 Maine DC served 1/19 Sec of State served 1/19 Summons returned unexecuted for Biden - 1/19
The reason for the birth certificate:
- January 13 order denying plaintiffs motion for TRO instructed plaintiff to demonstrate proper service of summons and complaint; provide rule 65 certification as to what attempts were made to give notice on TRO; and show standing.
"The plaintiff states that his standing arose on 11/3/20 when he was first harmed when he was presented with a federal election ballot containing an Unconstitutionally Qualified Democratic Party Slate for President of the United States." (i.e.: Kamala can't be presented for VP slot as she is not constitutionally qualified to be president - does NOT matter that she's in VP slot.)
This is the argument that "natural born citizen" does not mean "born on US soil" but "born to two naturalized US citizens"
Original case dismissed 1/20. Appeal filed 1/29.
Finally, Robert Dyer (appellate) represented case, and continues to do so on appeal, pro se.
Ah, one step further. They sell packaged content and marketing to make it look like you have a.content team.
I was hoping Fuck Everything and Relax was one of the options.
Yes. The core issue here is: in order to join forces, the left (leftists, really) have to stop being leftists to accomplish this. This is the awakening aspect. They can't remain leftists AND see the cabal as the enemy simultaneously. Until they recognize this, they're fodder.
So far, it's not the uuid of the 2144 image, or.full file name. It's not the unix epoch of 2.21'2020 21:44:54 est. It's not the human time stamp, it's not the extraordinary quote.
In case that saves someone time or gets people on another track.
It's called Kafka trapping.
While I don't agree with a.$5k charge, these customers signed up for market wholesale spot pricing. they've been saving money for quite some time until trading (gouging) drove it through the roof.
Tx and feds had the chance to bookend and limit energy trading and speculation back with Enron and Williams. Instead, they took sacrificial lambs and said “as long as trading side and producing side can't collude, let the trading market flourish. "
On the flip side, the large trading houses have been on the receiving end of bailouts and capital infusement.
So, should these customers have known they were in a variable, risk based plan? Yes. Should they be responsible for a 5k bill? No- not because they got hit with a realized risk, but because fuck the traders and system that permits energy price gouging and says charging 10x for bottled water in a hurricane is evil, but 10000x per kWh right now is “free market.“
If you're in Texas or OK, just make sure to not freeze! If they have any ice melt, don't leave it in the cart... buy it all and let me know if I can get some too... wwg1wga!!
By annoy I mean "restocking a bunch of tiny stuff“ annoys the stocker, not the manager or the store.
The worker might be annoyed, but their individual annoyance wont change policy or approach.
The “annoyance“ has to be at the $$ impact, not the “Eff this“ worker level.
Not that you're trying to annoy, for clarity.
Not an analyst, in purest sense. In software and software consulting. So, a lot of my history is “how to make efficient the metrics that matter to those paying for millions in software and system investment.“
From that perspective, you know what no metrics.capture or care about? What already-paid-for-time is spent doing.
If I know I'm paying someone $10 an hour to restock and I've budgeted 20h a week to do it (3h a night) for non-perishables that never go bar, who cares if it takes a couple or three days of work to put it back? No $$ difference.
However, if.perishables have to be put back in a couple hours, I might need another stocker, or another cashier. that's an extra person. If it's happening every couple days, that's either an extra hire or more hours or spoiled.inventory.
One hits metrics and bonuses, all the way up (in aggregate) one doesn't.
Perishables hits the ones that.get measured.
I mean, would a glowie say anything else? ?
I doubt you're actually a glowie... just not thinking in terms of who this is intended to influence.vs annoy. Most of the people directly annoyed by this are probably supporters. But, the influence isn't targeted at them. It's at the levels measured on metrics that already annoy the same people you're trying to be polite to.
Wrong target.
And, I say it mostly in jest as a reference to the "don't be rude“ sticky“
My main problem with the "tedious to restock" is that tedious does not equate to immediacy of loss.
If you grabbed 100 cans and tic.tacs and toothbrushes and ibuprofen, that cart can sit there all day. It can be restocked in the restocking shift. It's marginally more inconvenient than forecast retail shrinkage.
Items that can spoil, but are likely to not actually spoil means restocking has to happen throughout the day. That jacks go staffing. It is a greater potential loss than shrink. It raises eyes on reports.
Yes, we'd hate putting back 100 little items. don't think about those terms. Think about explaining an unforecast extra FTE just to deal with restocking for a.month. think about the trade-off of an extra 1600 a month in raw personnel costs vs a few thousand in spoiled perishables.
Non perishables isnt going to add anything other than annoying the stocker.
Correct - which was part of my point - public servant/govt infringement.
There's a difference between "shouldn't do and is generally shitty" on the part of a non-govt entity and 4th amendment violation on the part of a govt entity/public servant.
I'm not saying "no rules" or abiding by the spirit of the 4th for non-govt entities or individuals, but I, individually, cannot violate your 4th amendment rights.
Example: if I break into your car and take something, and give it to the police as evidence of a crime, the 4th amendment doesn't provide protection against use of that evidence. (Still may not be admitted, but not due to 4th amendment violation).
However, if a cop does the same thing, it IS a 4th amendment argument.
In a civil case, the warrant requirement is in order to enforce a subpoena or court order (govt), to retrieve the information I'm looking for. But, that's just if I try to get it legally. Again, I'm - individually - not held to the constitutional provisions of the 4th.