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Federal judge to decide if Louisiana’s buffer law for police is constitutional

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Federal judge to decide if Louisiana’s buffer law for police is constitutional


A state law the Louisiana Legislature passed earlier this year allows police to arrest people who come within 25 feet of an on-duty law enforcement officer after they have been ordered to disperse.

Attorneys representing six news organizations challenged the statute in a federal courtroom this week. The legal team from Reporters Committee for Freedom of the Press, a Washington, D.C., nonprofit, argued for an injunction to block Louisiana officers from enforcing the new law, which went into effect Aug. 1.

Now the decision rests in the hands of U.S. District Court Judge John deGravelles, who listened to arguments from the plaintiffs’ attorneys as well as defense rebuttals made by attorneys from the Louisiana Attorney General’s Office. The hearing was held Wednesday morning inside the U.S. Middle District of Louisiana courthouse in downtown Baton Rouge.

At issue are the merits of House Bill 173, a measure that state lawmakers gave overwhelming support during this year’s regular session and Gov. Jeff Landry signed into law May 24. State Rep. Bryan Fontenot. R-Thibodeaux. sponsored the bill, which gives officers a 25-foot buffer zone and makes it illegal to encroach on that protective area if an officer orders someone to move.

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Fontenot and others who supported the law said it is another weapon to help ensure safety for law enforcement officials if they feel threatened while on duty. But attorneys for Verite News, Gannett, Gray, Nextstar, Scripps and Tegna argued that the buffer law, as written, is too broad and doesn’t provide any framework to restrain officers from abusing the statute.

Plaintiff attorney Grayson Clary indicated that an officer can order someone to disperse for any reason, as arbitrary as not liking the shirt they are wearing. If the person refuses, they could be subjected to arrest and whisked away to jail.

Clary told Judge deGravelles it amounts to a First Amendment violation — one that could have a “chilling effect” on journalists who worry about being arrested if they come too close to officers while covering crime scenes, crashes, parades, sporting events, protests and other newsworthy events. He argued that provisions are already built into state law to protect against obstructionists who interfere with investigations or threaten officer safety.

Clary suggested the new law’s aim could be to stop reporters and other bystanders from filming police conduct, and it gives officers “unbridled discretion” to stop what he said should be a First Amendment right.

“The law seems to be to discourage observation and documentation of police authority in particular,” he said.

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Assistant Solicitor General Caitlin Huettemann, of the AG’s office, said that in the nearly five months since the law took effect, no officers have made arrests or even issued a move-along order under the new rule, and the state hasn’t prosecuted anyone for violating the law. She said the 25-foot buffer gives officers time to realize their safety may be at risk and allows them a chance to respond.

Characterizing worries that the law will have a chilling effect as conjecture, she said the plaintiffs had no standing for their complaint because the law hasn’t been enforced, so there is no injurious conduct to litigate. In asking deGravelles to dismiss the lawsuit, Huettemann insisted the case isn’t ripe for judicial review because no officer has abused or even enforced the law. 

“No rights have been or are likely to be affected,” she argued. “These are all claims based on anticipated future action.”

But deGravelles pressed Huetteman on the language in the statute. When the judge asked if officers can give move orders “willy nilly” even if there is no basis for the directives to disperse, she conceded the law does give police unbridled discretion. But she said that doesn’t make the law vague, reiterating her stance that those are hypothetical scenarios not founded in actual incidents. 

Clary maintained his position that the law needs more specificity to narrowly define the situations when officers can employ the buffer zone. He noted that Indiana is the only other state that has a police buffer law, but it is currently enjoined as the focus of two ongoing legal battles in the Hoosier State.

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“The problem in this law is there’s nothing in the law that says officers can make people withdraw if they pose a risk to obstruction, public safety or officer safety,” Clary argued. “There’s too much innocent conduct left in. Officers need some way to pick and choose. There needs to be some way to distinguish the good conduct from the bad.”



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Altadena Resident with Louisiana Roots Recalls Horrifying Wildfires

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Altadena Resident with Louisiana Roots Recalls Horrifying Wildfires


LAFAYETTE — LAFAYETTE, La. (KATC) — Wildfires in Los Angeles have destroyed about 40,000 acres of land—an area larger than the city of Lafayette.

KATC spoke with Dr. Carolyn Dunn, a professor at California State University and an Altadena resident with deep Louisiana roots. She shared the harrowing story of how the fires forced her to evacuate her home twice.

Dr. Dunn recalled the frightening moments from last week when she received a call from her daughter, warning that they had to evacuate their Altadena home after a wildfire broke out nearby.

“The next morning, I watched the town burn down. Driving down the freeway, the winds were pushing the cars. Power lines were down, debris was flying, trees were flying—it was crazy. As we came around a bend near Pasadena, we could see the fire racing down the mountain,” Dunn said.

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Dunn’s current home was spared, but the fire destroyed her childhood home. She also spoke about how some of her close colleagues lost their homes, describing the experience as the “craziest, most terrifying” thing she’s ever seen.

Dunn’s family has ties to Louisiana—her cousins live in Opelousas, and her great-grandmother is from Opelousas, while her great-grandfather hailed from Marksville.

The American Red Cross has deployed teams from Louisiana to assist those affected by the fires.





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Hotel and casino set to open across the state line in Louisiana next month

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Hotel and casino set to open across the state line in Louisiana next month


BOSSIER CITY, La. — Texans will soon have another option to hit a resort and casino across the state line in Louisiana.

The Live! Casino & Hotel is opening in Bossier City on Feb. 13, according to a release. That’s pending approval by the Louisiana Gaming Board. The $270 million resort has 47,000 square feet of gaming space, more than 1,000 slots and electronic gaming table games, over 40 table games and a sportsbook.

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The 12-story hotel has 549 rooms, a pool and a fitness center.

There are plenty of big-name entertainers performing there shortly after it opens. Walker Hayes will take the stage on Feb. 28, the Commodores on March 7, comedian Matt Matthews on March 8 and Clint Black on March 29.

Bossier City is about a four-hour drive from Houston. It’s a straight shot up Highway 69 to 75. Bossier City is just across the border next to Shreveport.

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Casino gambling is not legal in Texas, but it is one of the items being considered in the legislative session, which gets underway on Tuesday in Austin.



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Louisiana-shot ‘Nickel Boys’ is an artful triumph from a New Orleans Film Festival centerpiece

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Louisiana-shot ‘Nickel Boys’ is an artful triumph from a New Orleans Film Festival centerpiece


There’s an easier way, of course. There’s always an easier way.

In the case of filmmaking, it’s called pandering.

Simply check off all the genre boxes that make audiences ooh and aah — big-name stars, dazzling visual effects, a third-act showdown involving superbeings in tights, capes or both — and, with a little good fortune, you’re on the road to a fat box office payday.

Lucky for us, RaMell Ross isn’t inclined to take the easier way.

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The emerging filmmaker, whose photographs were the subject of an exhibit at New Orleans’ Ogden Museum of Southern Art from fall 2021 to spring 2022, didn’t take the easier way for his debut feature, the Sundance-decorated experimental documentary “Hale County This Morning, This Evening.”

Similarly, he doesn’t take the easier way for his latest film, the Louisiana-shot “Nickel Boys,” a searing and thrillingly unconventional adaptation of Colson Whitehead’s Pulitzer-winning novel of the same name.

A New Orleans Film Fest centerpiece

Ross’ film served as a centerpiece selection of October’s New Orleans Film Festival. This week, it gets a limited local release, arriving as the Louisiana film industry’s best chance at leaving a mark on Hollywood’s currently unfolding award season.

And for good reason.

Built upon a nonlinear storyline and benefiting from beautiful cinematography steeped in a visual dreaminess suggestive of a hazy memory — though one repressed, not forgotten — Ross’ artfully audacious “Nickel Boys” eschews both convention and capes. Relying instead on his own invented filmic vocabulary, he in the process coaxes his audience into what becomes a riveting and unforgettable tale of the Jim Crow South.

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At the center of it all is Elwood (Ethan Herisse), a gifted teenager whose bright future is suddenly derailed when he finds himself in the wrong place at the worst time.

Instead of heading for college, as was his plan, he is sentenced to a hellhole known as Nickel Academy.

Inspired by horrifying reality

Set in 1962 Tallahassee but filmed in late 2022 in Hammond, LaPlace, New Orleans, Ponchatoula and Thibodaux, it’s inspired by a horrifyingly real place: Florida’s now-defunct Dozier School for Boys, a reformatory that made headlines in 2009 when its shocking history of abuse spilled out into the open.

Elwood finds himself staring down the barrel of that ugliness the second he arrives at Nickel.

Fictional or not, it’s difficult to witness the unabashed racism and cruelty he must endure. Fortunately, he finds a friend in fellow inmate and kindred spirit Turner (Brandon Wilson).

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They can’t stop the cruelty, but they bond over it, looking out for each other when possible. Fueled by Elwood’s stubborn optimism, they also dream of the day they can finally walk away from their shared hell.

If they get that chance.

Without giving anything away, it should be noted that “Nickel Boys” is not a feel-good film. It is a heartbreaker through and through. But that’s only because reality so often is, too.

Unusual point of view

There’s an argument to be made that Ross’ reliance on first-person point-of-view gets in the way of things from time to time. Intended to ramp up the pathos by putting the audience in the characters’ shoes, the technique to some extent has the opposite effect, blunting the emotional impact of the lead performances given that we’re looking through those characters’ eyes rather than into them.

As original as it feels, the first-person approach has been experimented with numerous times before, from Humphry Bogart’s turn in 1947’s “Dark Passage” to 2015’s “Hardcore Henry” and various points in between. All suffer from the same emotional disconnect to varying degrees.

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That said, the sheer depth of emotion at work in “Nickel Boys” — the palpable anguish, the infuriating injustice, the heartrending loss — more than compensates for any perceived stylistic flaws.

Granted, there are less challenging movies in theaters right now, movies that take the easy way, ticking boxes and tickling the masses.

Few, however, crackle with the vitality of “Nickel Boys” — and few will likely stay with viewers as long.

Mike Scott can be reached at moviegoermike@gmail.com.

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‘NICKEL BOYS’

3.5 stars, out of 4

SNAPSHOT: Filmmaker RaMell Ross directs a searing and thrillingly unconventional adaptation of Colson Whitehead’s Pulitzer-winning 2019 novel, about the experiences of two young black men sentenced to an abusive 1960s Southern reform school.

CAST: Ethan Herisse, Daveed Diggs, Brandon Wilson, Aunjanue Ellis-Taylor, Hamish Linklater, Fred Hechinger, Jimmie Fails.

DIRECTOR: Ross.

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RATED: PG-13 for racism, strong language including racial slurs, violence

TIME: 2 hours 20 minutes.

WHEN AND WHERE: Opens Friday (Jan. 17) at the Prytania Uptown, Broad Theater and Elmwood Palace.

 



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