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Judge tosses challenge to Louisiana’s age verification law aimed at porn websites

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Judge tosses challenge to Louisiana’s age verification law aimed at porn websites


NEW ORLEANS (AP) – An adult entertainment group’s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed Wednesday by a federal judge. But opponents of the law say they will likely appeal.

U.S. District Judge Susie Morgan in New Orleans ruled that the state officials named in the lawsuit — state public safety secretary James LeBlanc, Commissioner of Administration Jay Dardenne and Attorney General Jeff Landry — cannot be sued because they don’t have a duty to enforce the act, which allows violators to be sued and face civil penalties.

Morgan said granting an injunction against the three state officials wouldn’t prevent people from suing content providers who fail to verify their viewers’ age.

Opponents of the law plan an appeal. Similar laws have been passed and are being challenged in other states. In Texas, a federal judge recently struck down such a law. A challenge to a similar law in Utah has so far failed.

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“As with Utah, the Louisiana ruling is fairly limited, and only applies to whether we can bring a pre-enforcement challenge against the law, or whether we have to wait until a suit is brought. While we disagree, and will appeal, it’s not at all a ruling on the merits of the law, which are still clearly unconstitutional,” Mike Stabile, spokesman for the Free Speech Coalition, said in an email. He later amended the statement to say an appeal is likely.

The law passed in 2022 subjects such websites to damage lawsuits and state civil penalties as high as $5,000 a day. if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driver’s licenses or other methods.

Opponents say the law could chill free speech because the terms are so vague that providers wouldn’t be able to decipher “material harmful to minors.” They say the laws can, in effect, deny access to websites by adults who don’t have state-issued ID or are reluctant to use online verification methods because of the fear of having their information hacked.

In addition to the Free Speech Coalition, the Louisiana plaintiffs include three providers of sexually explicit content, and a woman who lives in Louisiana but doesn’t have state ID and does not want to lose access to adult sites.

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Louisiana

Married dad, 36, and female entrepreneur, 31, both meet tragic end after two boats collide on Louisiana lake

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Married dad, 36, and female entrepreneur, 31, both meet tragic end after two boats collide on Louisiana lake


A married father and a female boat passenger were killed in a accident on a Louisiana lake after their boats collided. 

Chase Sharkey, 36, of Greensburg, was operating a 25-foot pontoon boat when it collided with Thuy Gustin’s Sea Fox boat in the Tickfaw River near Kings Point, roughly 65 miles outside of New Orleans, on Sunday. 

Gustin, 31, of Springfield, was found trapped underneath the Sea Fox around midnight after it capsized by a Good Samaritan, who jumped into the water to save her, according to Fox 8 Live. She ran her own marketing firm. 

They performed CPR on the mother-of-two until an ambulance arrived and she was taken to the hospital, where she was pronounced dead. 

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Sharkey, a father of four, was found deceased by rescue crews 12 hours later. 

Gustin, 31, (pictured) was found trapped underneath the Sea Fox after it capsized by a Good Samaritan, who jumped into the water to save her

Chase Sharkey, 36, of Greensburg, (left) was operating a 25-foot pontoon boat when it collided with Thuy Gustin’s Sea Fox boat in the Tickfaw River near Kings Point on Sunday. Gustin, 31, of Springfield, (right) was found trapped underneath the Sea Fox after it capsized by a Good Samaritan, who jumped into the water to save her

It is unclear if his wife, Shelly Verberne Sharkey, was on the boat. One friend suggested she was, but further details have not been shared. 

DailyMail.com has reached to Shelly for comment.  

Six others – three from each boat – were injured in the crash and all were taken to the hospital with serious injuries, according to WDSU. 

The cause the crash is currently unknown. DailyMail.com has contacted the Louisiana Wildlife and Fisheries, who are investigating the crash, for comment. 

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Six others - three from each boat - were injured in the crash and all were taken to the hospital with serious injuries

Six others – three from each boat – were injured in the crash and all were taken to the hospital with serious injuries

Plenty of tributes came in for the father-of-four, including from his business, Sharkey Mechanical Services, which wrote in a Facebook post: ‘His legacy of love, laughter, and friendship will never fade. We will continue to keep his memory alive through our work.

‘Chase’s unwavering passion for his craft left an indelible mark on everyone he met, and his work ethic was unmatched. We will miss him dearly, but we will continue to thrive in his honor and the legacy he has built.’ 

Friend, Jonathan Taylor wrote on Facebook: ‘Chase Sharkey was truly one of a kind. The first time I met him he made me feel like we had been friends since childhood. Chase was a true father and husband. I didn’t get to spend much time around his family but I knew they were his number one priority just by the conversations we had. Chase was also a staple in his church and his community.

Sharkey, a father of four, (pictured with his family) was found deceased by rescue crews 12 hours later

Sharkey, a father of four, (pictured with his family) was found deceased by rescue crews 12 hours later 

It is unclear if his wife, Shelly Verberne Sharkey (pictured together), was on the boat. One friend suggested she was, but further details have not been shared

It is unclear if his wife, Shelly Verberne Sharkey (pictured together), was on the boat. One friend suggested she was, but further details have not been shared

‘I’m thankful I got to know him over the past 4 years and I think we can all learn from Chase and how he lived his 36 years on this earth.’

Another friend, Erin Foster, wrote: ‘To know him was to love him. Chase Sharkey was a great friend…One thing for certain is he loved his wife, his kids, his family, and everyone else’s babies also.’

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Former Livingston Parish President Layton Ricks said in a statement: ‘He loved life. You knew where you stood with Chase and when you were a friend you were a friend. His word was his bond, and he was honest, sincere and trustworthy.

‘His friendship was genuine and I will be forever grateful for it. One of the things outside of his family, work and weightlifting we always talked about was being saved and he truly was. So I know without a shadow of doubt he would tell me: “Boss don’t worry about me big dog cause I’m sitting here talking with Jesus so I’m good.” 

‘I will miss you my friend and forever be thankful for your friendship all these years. Love you buddy!’ 

Friends remembered Gustin as 'so full of life and always ready for the next adventure'

Friends remembered Gustin as ‘so full of life and always ready for the next adventure’ 

A GoFundMe has been set up for the Gustin's funeral services, which has raised more than $14,000 out of its $25,000 goal

A GoFundMe has been set up for the Gustin’s funeral services, which has raised more than $14,000 out of its $25,000 goal 

An equal number of tributes poured in for the mother-of-two, with friend Lindsay Picou writing: ‘Thuy…I’m still in disbelief.

‘I knew I was going to love you from the moment I met you. You were so full of life and always ready for the next adventure. But even with all of that spirit, you led with nothing but heart. You loved everyone around you so deeply, and made sure they knew it.’ 

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Another friend, Kendra M. Berthelot wrote on Facebook: ‘Carrying a heavy heart today. My beautiful girl, you will be so missed. I don’t even have the words to say. I love you. Rest easy, Angel.’

A GoFundMe has been set up for the Gustin’s funeral services, which has raised more than $14,000 out of its $25,000 goal. 

A Meal Train has been set up for the Sharkey Family, with nearly $3,000 in donations and plenty of meals going to the surviving family. 



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Ankle monitoring company to face negligent homicide trial in Louisiana woman’s 2021 murder

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Ankle monitoring company to face negligent homicide trial in Louisiana woman’s 2021 murder


NEW ORLEANS (WVUE) – The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company can be tried for negligent homicide in the case of Peggy Beasley, a mother of three murdered by her estranged husband Marshall Rayburn.

The monitoring company AEM allegedly failed to report multiple breaches of a court-ordered security perimeter around Beasley’s home, which prosecutors say allowed Rayburn the opportunity to kill her.

“Had I thought he would do it, I would have never let my mom stay at her home by herself,” Beasley’s daughter, Devlin Hopper, said.

In August 2021, Beasley reported to St. Francisville authorities that Rayburn, from whom she was separated, had been drugging and raping her.

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Rayburn was arrested for second-degree rape, released on a $100,000 bond, and outfitted with an ankle monitor. He was instructed to stay away from Beasley’s home, with an exclusion zone programmed into the monitor.

Marshall Rayburn’s mugshot, taken after his arrest in August 2021.(Provided by West Feliciana Parish Sheriff’s Office)

Despite this, Rayburn breached the exclusion zone five times within four days, triggering notifications to AEM. However, the company failed to alert authorities.

Over the following weeks, Rayburn repeatedly violated the zone.

On Sept. 20, 2021, Rayburn entered Beasley’s home, hid in the laundry room with a gun and attacked her.

A neighbor heard the screams and tried to help.

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“Marshall put the gun to the neighbor’s chest and fired through her chest, through her back, and hit (Beasley) and killed her,” District Attorney Sam D’Aquilla recounted.

Rayburn then turned the gun on himself. Crime scene photos revealed Rayburn had wrapped his ankle monitor in aluminum foil to block the signal, a violation that also went unreported by AEM.

“He blatantly broke the rules. He tested them,” said Beasley’s son, Jared Crow. “The GPS data shows that.”

D’Aquilla charged AEM’s owner and an employee with negligent homicide for not reporting the violations.

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Beasley’s murder prompted new legislation requiring monitoring companies to report breaches or face penalties, including imprisonment and fines.

“It’s a slap in the face to the victims and the public,” D’Aquilla said. “These are dangerous individuals being monitored with no oversight.”

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The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company...
The Louisiana Supreme Court has ruled that a Mississippi-based electronic monitoring company can be tried for negligent homicide in the case of Peggy Beasley(Action News 5)

The law, effective January 1, will make Louisiana the first state to hold monitoring companies criminally accountable for failing to report violations.

“If you screw this stuff up, you can go to jail,” said Matt Dennis of ASAP Release, who is helping revamp state electronic monitor protocols.

Although the new law came too late for Peggy Beasley, her family hopes it will prevent future tragedies.

“That’s one of the hardest things for my brothers and daughters, knowing her life could have been saved so many times. It didn’t have to be this,” Hopper said. “We miss her. She was one of a kind. She truly was.”

The case against AEM will move forward after the Supreme Court upheld the indictment, which was initially appealed by the company.

“The system failed. We’re doing everything we can to hold somebody accountable for the death of their mother,” D’Aquilla stated.

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Fox 8 reached out to AEM for comment but received no response.

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Federal investigators will look into Bayou Lafourche crude oil spill • Louisiana Illuminator

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Federal investigators will look into Bayou Lafourche crude oil spill • Louisiana Illuminator


A federal agency is sending investigators to south Louisiana to look into the cause of a crude oil spill that has tainted a portion of Bayou Lafourche, a spokesman for the company where the accident took place said Monday.

As the third day of cleanup following the Saturday morning spill progressed, officials overseeing the cleanup calculated that 34,440 gallons of crude were released from a storage tank near Raceland. The oil originated from the Crescent Midstream Crude Oil Facility, spilling through a protective dike into a stormwater canal and eventually through a culvert under Highway 308 that flows into the bayou.

Michael Smith, public information officer for Crescent Midstream and the Unified Command overseeing the spill response, said the 34,440 gallons of oil — or 820 barrels — includes the amount spilled on the grounds of the facility. The accident does not involve the large cylindrical storage tank on the property, which Smith said was empty before Saturday.

Officials from the federal Pipeline and Hazardous Materials Safety Administration will be on site within the next few days, Smith said, confirming Crescent Midstream representatives had spoken with the agency Monday. They will begin an official investigation, taking over the informal work of the Unified Command, which is composed of state and local officials along with Crescent Midstream.  

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Meanwhile, work continues to capture the crude from the bayou. An advisory to conserve water remains in place for residents and business along Bayou Lafourche from south of the Louisiana Highway 182 bridge to Port Fourchon, a stretch that covers 55 miles. However, drinking water remains safe to consume, Lafourche Parish President Archie Chaisson said.  

Our news partners at WVUE-TV Fox 8 report that Lafourche Parish Water District No. 1 has issued a water conservation notice for all customers in the parish.

Chaisson reported Thursday evening that a fish kill was spot in the incident area. No immediate information was provided on the type or number of fish affected.

An update on the wildlife impact increased the death toll to 17 salamanders, in addition to the previously reported three turtles and one crawfish. Cleanup crews were able to capture one of three oil-covered ducks on the bayou. It was taken to a rehabilitation center for cleaning and care.

A black sheen trailing down the bayou remained visible Monday from aerial photographs. Crews were washing oil from the banks of the bayou and collecting it with skimmers, boom and vacuum trucks for disposal. More than a mile of boom — 6,800 feet — has been deployed on the bayou so far, according to Monday afternoon’s update from the Unified Command. 

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Smith stressed that oil dispersants, which are not approved for inland water use, are not among the methods being used to contain the oil. 

Use of oil dispersants has been under added scrutiny since the deadly BP Deepwater Horizon explosion in 2010 just off the coast of Louisiana. The chemical Corexit has been blamed for sickening cleanup workers who responded to the manmade disaster. Medical issues ranging from skin rashes to cancer have been detailed in thousands of lawsuits.  

Cleanup crews are pumping water from the bayou to remove oil from the bayouside, Smith said. As a result, it’s causing some oil to flow upstream, which could find its way back to shore if it can’t be collected from the water with booms or skimmers. 

“It could get worse before it gets better,” Smith said in an interview. “You could see oil cleaned up in front of your house one day, only to see it back again the next day.”

The bayou remains closed to boaters from the Highway 182 bridge in Raceland to the Lockport Bridge, with the Lafourche Parish Sheriff’s Office handling enforcement. 

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