Archive for August, 2020

Antioch council candidate thanks police in response to Facebook video of homeless encampment clean up, relocation

Monday, August 24th, 2020

Posted on Facing Homelessness in Antioch by City Council District 3 candidate Nichole Gardner

Posted by Nichole Gardner on Thursday, August 20, 2020

Raw video warning: Includes profanity.

Dear Antioch Residents,

First and foremost, I would like to say, “Thank You” to Officer Lenderman for doing his job.  In response to the video by Nichole Gardner, candidate for Antioch City Council District 3 and Member of the Contra Costa County Democratic Central Committee, that was uploaded on Facebook about our police officers responding to a 72-hour notice for the homeless to leave the area, I am personally grateful for the things they do.  Through their continued actions of upholding their oath to “Serve and Protect”, I am proud to stand with them as they are the ones who we depend on in the event of an emergency.  Defunding the police is a mistake and would lead to total lawlessness.

We do not have the ability to police ourselves, or is that what we want?  In the video the phrase “That is why I want to defund the police” was used.  Do we really want to live in a city where the police are not capable of doing their jobs due a lack of resources or even the ability to perform overtime duties when necessary?  We cannot move forward if the crime rate in our city does not decrease.

We all deserve to feel safe in our homes or even when we are out and about.  Personally, I want my family to feel and be safe at home knowing that there is a police presence in the community.

As a military veteran, I stand with all Armed Forces, to include the Antioch Police Department (APD). As part my military career, I had the honor to “Serve and Protect” downrange in Iraq.  Putting your life on the line for others is the most honorable profession.  I honor what our officers do and continue to do for us.

In closing…thank you APD for everything you do.  Through “Unity and Collaboration” we can be better and will do better.

Respectfully,

Antwon Webster, Sr.

Antioch

California Judicial Council rescinds ban on eviction hearings after lawsuit

Friday, August 21st, 2020

Following a lawsuit filed by Pacific Legal Foundation on behalf of California landlords, the California Judicial Council announced last week that it will end its illegal ban on eviction hearings.

By creating a de facto ban on evictions, the Judicial Council undermined the state’s separation of powers and seized policymaking power from the legislature and governor to block landlords’ access to courts.

“Constitutional limitations on government are never more important than during an emergency,” said PLF senior attorney Damien Schiff. “In this case, we challenged an eviction moratorium enacted not by the politically responsible branches of California’s government, but rather by the judiciary. Because it attempted to codify policy rather than merely regulate the practice of state courts, the rule exceeded the Judicial Council’s authority under the California Constitution. We are pleased not only that the Judicial Council has voted to rescind the rule, but also that the Council recognized, as the Chief Justice put it, that the ‘judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic.’”

About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 39 states plus Washington, D.C., PLF represents clients in state and federal courts, with 12 victories out of 14 cases heard by the U.S. Supreme Court

Antioch Council candidates hold voter registration drive Saturday, Aug. 22

Friday, August 21st, 2020

Hot August Cruise Night in Antioch’s historic downtown Rivertown Saturday, Aug. 29

Tuesday, August 18th, 2020

Los Angeles church, pastor win in court Friday, can continue indoor services judge rules

Friday, August 14th, 2020

Temporary order defies L.A. County COVID-19 orders; full hearing on September 4; only applies to that church, for now

On Thursday, August 13, Thomas More Society Special Counsel Jenna Ellis and attorney Charles LiMandri filed suit in the Superior Court of the State of California County of Los Angeles on behalf of Pastor John MacArthur and Grace Community Church against Governor Gavin Newsom, Attorney General Xavier Becerra, Los Angeles Mayor Eric Garcetti, and other California and Los Angeles County public health officials. (See complaint)

On Friday, the California Court vindicated Pastor MacArthur and the church’s stance that church is essential by recognizing the constitutionally protected right of churches to remain open and hold indoor services in their sanctuary.

Hours after Grace Community Church filed suit to invalidate Los Angeles County’s unconstitutional restrictions on churches, the County filed for a temporary restraining order to force the church to stop holding indoor services and comply with every unreasonable and over-broad demand. At hearing today (Friday, August 14, 2020) in Los Angeles Superior Court, Judge Chalfant denied almost all of the County’s requests, agreeing with Pastor MacArthur and the Church that it is the County’s burden to show why it should be permitted to infringe on the constitutionally protected rights of churches to freely exercise religion. The judge did also express concern for some safety protocols.

To address those concerns and after explaining that the County was being unreasonable in its demands, counsel for Grace Community Church offered to comply with mask wearing and social distancing indoors until the matter could be fully heard, rather than the County simply rushing to shut down the Church. The judge agreed this was reasonable, set the full hearing for September 4, 2020, and ordered the Church to have congregants wear masks and social distance between family groups indoors.

Pastor John MacArthur said of the ruling, “I am very grateful the Court has allowed us to meet inside and we are happy for a few weeks to comply and respect what the judge has asked of us because he is allowing us to meet. This vindicates our desire to stay open and serve our people. This also gives us an opportunity to show that we are not trying to be rebellious or unreasonable, but that we will stand firm to protect our church against unreasonable, unconstitutional restrictions.”

Attorney Ellis said, “This is a huge vindication for Pastor John and the Board of Elders at Grace Community Church, who have simply asked for their right to worship the Lord together in church to be acknowledged and protected. When I spoke with Pastor John after the hearing, he expressed sincere gratitude to the California Court and Judge Chalfant and said his congregation will be happy to comply with the judge’s temporary order. This is why John MacArthur is so deeply loved and respected by his congregation and all over the world. He is a gracious and firm leader, and his biblical stand for church being essential has now been rightly validated. We look forward to continuing to advocate on his behalf in asking the Court to protect the fundamental rights of churches.”

Legal counsel LiMandri said, “This result is indeed a great victory for all citizens’ constitutional right to freedom of religion. Pastor MacArthur’s love of God and country motivated him and all the GCC church elders to resist the unjust government shut-down orders targeting people of faith. Their devotion and patriotism has brought about a result that respects the legitimate interests of both the church and state. This result makes it possible for the thousands of congregants of GCC to continue to gather together in their church to worship, while at the same time honoring the court’s requirement that reasonable and temporary safety measures be observed. This court ruling should stay in effect at least until there can be a full court hearing in this case on September 4, 2020. Please continue to pray that the courts allow this enlightened judge’s decision to stand so that all Californians can soon resume the worship of God in their respective churches.”

“We are simply continuing to do today what we have done for the past 63 years, that Grace Community Church has been open to welcome the Los Angeles community and serve their spiritual needs,” the pastor said in a statement. “We will remain open and teach the Gospel of Jesus Christ to all who decide they want to come worship with us.”

The suit seeks to prohibit California from enforcing its unconstitutional and onerous coronavirus pandemic regulations against Grace Community Church and seeks a judgment that the health orders violate the California Constitution.

“Having irreparably damaged the confidence of Americans—and Californians especially—who now realize that the pandemic restrictions are neither necessary nor good, on Sunday, July 26, 2020, Grace Community Church decided to resume worship services—joining millions of Americans in deciding that enough is enough. With deaths from the ‘COVID-19 suicide pandemic’ exceeding those from the actual coronavirus pandemic, Grace Community Church decided that it would no longer sit by and watch its congregants and their children suffer from an absence of religious worship and instruction. Perhaps unsurprisingly—perhaps not—this led the County of Los Angeles to submit a demand letter to Grace Community Church, ordering it to comply with the restrictions that Los Angeles County deems unnecessary to enforce against so many others. Grace Community Church does not intend to comply.”

According to attorneys for the church, it is time for California to recognize that Christians are not second-class citizens, and the court must step in to do its job in applying the protections that the U.S. and California State constitutions provide to every individual equally and to churches in particular.

Pastor MacArthur opened the Sunday morning service on August 9, welcoming worshippers to “the Grace Community Church peaceful protest.” He was met with a standing ovation and extended applause from the congregation. Pastor MacArthur said of the lawsuit, “We are simply continuing to do today what we have done for the past 63 years, that Grace Community Church has been open to welcome the Los Angeles community and serve their spiritual needs. We will remain open and teach the Gospel of Jesus Christ to all who decide they want to come worship with us.”

Ellis said, “We hoped that Los Angeles County would see its error on its own, but after attempted negotiations with their counsel, California is still intent on targeting churches—specifically, Grace Community Church. Pastor MacArthur and the Board of Elders will stand firm in their leadership and resolve that church is essential, and California has no legitimate power to enforce such onerous and unconstitutional restrictions against the fundamentally protected right to freely participate in church. After Grace Community Church voluntarily complied with state orders for nearly six months, California’s edicts demanding an indefinite shut down have gone now far past rational or reasonable and are firmly in the territory of tyranny and discrimination. This isn’t about health. It’s about blatantly targeting churches.”

LiMandri stated, “It is unconstitutional for Governor Newsom and the State of California to discriminate against churches by treating them less favorably than other organizations and activities that are not protected by the First Amendment. Pastor MacArthur and his church, as well as all churches, are entitled to practice their religion without government interference. This is especially the case when the government has given free rein to protestors, and is not similarly restricting marijuana dispensaries, large retail outlets and factories, or abortion providers. The government orders are also unconstitutional because there is no compelling need for the onerous restrictions on the churches at this time. The hospitals are not overwhelmed and the percentage death rate from COVID-19 is now extremely small. It is time for Governor Newsom and Mayor Garcetti to recognize what President Trump has already proclaimed: churches are providing an ‘essential’ service to the people. Therefore, they must be allowed to serve the people in the manner in which God has called them.”

Read the Thomas More Society’s Complaint filed with the Superior Court for the State of California County of Los Angeles – in Grace Community Church and Pastor John MacArthur v. Gavin Newsome et al., on August 12, 2020, here.

Read the Demand Letter sent to Pastor John MacArthur by attorney Jason Tokoro, representing the County of Los Angeles in California, on July 29, 2020, here.

 

 

No legal conflict of interest for city finance department employee to run for Antioch City Treasurer

Friday, August 14th, 2020

Moved back to Antioch two months ago, but has lived in the city for over half her life.

Lauren Posada. Photo from her campaign page on Facebook 08-10-20.

By Allen Payton

Questions have arisen about the possible conflict of interest of the candidate for Antioch City Treasurer, Lauren Posada, who is challenging appointed incumbent Jim Davis in the November election, because she works in the City of Antioch Finance Department. But City Attorney Thomas Smith says there isn’t a conflict of interest and she can run.

When asked to verify that, she responded, “yes, I work for the finance department in (the) City of Antioch. I’ll been there five years next month and have received all approvals to run for treasurer, including the City Attorney. I got the green light last Friday (July 31).”

Questions were sent to City Attorney Smith and City Finance Director Dawn Merchant asking for confirmation of what Posada shared and the relationship the City Treasurer has with the department.

In response Smith wrote, “The City Treasurer is an elected office, and under the law, any resident of Antioch who is registered to vote in the city may run for that office, including an employee of the City.  The duties of the City Treasurer are set forth in the California Government Code and include ensuring that city funds are properly deposited and invested, sign warrants and submit monthly reports.  On the other hand, the duties of the City Finance Department are much broader in range, including preparation of the City budget, utility billing and collection of fees, issuance of business licenses, and general fiscal operations, etc.  If Ms. Posada is elected City Treasurer, the City Council may consider whether the compensation and/or benefits for the City Treasurer position should be adjusted.”

Davis shared that he as City Treasurer, is the custodian of the field checks each month and “those checks come back through Lauren’s accounts payable to pay them, including bills for the various departments.”

An email was then sent to Merchant asking about Posada’s duties and if there would be any overlap with the responsibilities of the City Treasurer.

The following questions were asked: “How much and in what ways do you and your department work with the City Treasurer?” and “is Mrs. Posada a full-time employee?”

Merchant responded with, “Ms. Posada is a full-time employee.  Ms. Posada does not pay the Field Checks.  Field Checks are manual/hand checks written by various authorized City employees to pay vendors for goods or services under $200.00.  A carbon copy of those checks are returned by employees to our accounting department for review of account accuracy and adequate documentation.  Ms. Posada then enters the field check data into the City’s General Ledger after accountant review so that they are properly recorded and accounted for.  As far as the various bills of the City, all invoices are first reviewed by whatever department purchased the good or service.  They are then approved by the authorized supervisor, manager or department head.  Ms. Posada then enters those approved payments into the accounts payable system for processing.  Her batches are then reviewed by the accountants before final payment can be made.”

Davis also broached the subject about Posada’s residency, claiming she’s only lived in Antioch for two months. When asked if that was true, if she moved away and recently moved back and how long she lived outside of Antioch, Posada responded, “yes, that’s correct. I’ve lived in Antioch for roughly 16 years throughout the course of my life, which is over half. My parents occasionally moved away but we always came back to Antioch.”

She then also shared, “I was born in Antioch (literally at Walnut Creek Kaiser), until I was around two-years-old, moved back from 2nd-10th grade, moved back in 2013 and my husband and I sold our home in 2015. Moved back in 2020. So, it’s been five years.”

On her campaign Facebook page earlier this week, Posada wrote, “Hello Residents of Antioch! This is just the beginning of my page and I look forward to sharing my heart with you concerning Antioch and why I made the decision to run for Treasurer.” She is married to Will and they have two children.

Davis was appointed City Treasurer by the city council in 2018 filling the vacancy left by former City Treasurer Donna Conley, and this is his first time running for election to the position. He is a former Antioch Mayor and Councilman. This would be Posada’s first time in elected office should she win. The election is on November 3.

Free school supplies during annual giveaway in Antioch at Somersville Towne Center Saturday

Friday, August 14th, 2020

“School supplies are a necessity not a want” –  organizer Claryssa Wilson

Antioch 19-year-old Claryssa Wilson will host her 9th Annual Stuff the Bus School Supply Giveaway Saturday, August 15, 2020. This event will enable students in Antioch and the surrounding communities an opportunity to receive a pre-filled backpack full of FREE school supplies at Somersville Towne Center in Antioch from 11:00 am – 2 pm on Saturday, August 15th. This will be a drive-up event to comply with social distancing due to COVID-19. Face coverings are required. Last year Claryssa served thousands of students and this year will be no different as the need is much greater. She has received support from Adonal Foyle and his Kerosene Lamp Foundation, the Antioch Schools Education Foundation, Antioch Rotary, Antioch Education Association, Kiwanis and so many more.

“No student should not be successful due to a lack of needed school supplies, despite us all going into a distance learning platform students will not have access to commonly used classroom supplies as well,” said Claryssa, creator and host of the annual giveaway. “School supplies are a necessity not a want.”

Many students have already benefited from the free school supplies, students will start school better prepared and ready to learn with these free school supplies from pencils and pens to calculators, notebooks and paper in addition to earbuds for their laptops.

Claryssa created this program in her 6th/7th grade year  and now she is a sophomore attending San Diego State University who will also start her Fall Semester with distance learning except for in person science labs and still giving back to her community with the Annual Stuff the Bus School Supply Giveaway because she had peers that were disruptive in class because they did not have the basics like a pen, paper or notebook.

Some of the students she noted came from low income homes like herself and she just had to do something to help. She vows to continue the program and prepare the students in her mentoring groups at the elementary and middle schools to develop them as she firmly believes in training our youth to be future leaders.

To donate school supplies, call or text 925-237-1867 or drop them off Saturday at Somersville Towne Center, 2550 Somersville Road, Antioch.

Suspected DUI driver ejected in rollover crash with second car in Antioch, Saturday night

Friday, August 14th, 2020

Car driven by suspected drunk driver (right) struck and landed on the front of the other vehicle (left) on James Donlon Blvd. in Antioch Saturday night, August 6, 2020. Photos: anonymous source.

By Allen Payton

According to Antioch Police, about midnight Saturday night, August 6, 2020 a female driver hit the median of James Donlon Blvd. causing her vehicle to rollover. She was ejected from the car through the windshield.

She is suspected of being drunk and was taken to the hospital. The incident is still under investigation.

According to a source who chose to remain anonymous, the driver’s car hit another vehicle with two people inside, causing “front end and hood damage.”

“Yes, she got ejected. She did have vomit on her and it looked like a head injury,“ the source wrote about the driver who caused the accident, adding that her car “knocked down a pole” and “ended on its roof.”

The driver and passenger of the other car “are doing fine” the source shared.