louie is the appellant in this case. today, i am asking the board to revoke the building permit that was granted to the permit holder the department of inspection and when work is outside the scope of the permit, it's not allowed. to remedy an encroachment. the permit holder is now proposing to do new work with new plan which would exceed the scope of his existing permit which is the permit at issue in this appeal. we had hopes to resolve this during the party's prior hearing but were not able to do so and the contractor for the permit holder who is acting as their representative did not wish to continue the matter so dpoo it the fact we're attempting to settle. so i'm here to request that the board of appeals revoke this permit. i'd like to share my screen. and show. can you see that? so this is the work at issue. this is the photo of the southern wall of the permit holder's property and the encroachment is the butter and the down spout that running along new siding. the gutter and the down spout are attached to the per

is the appellant present on teams or a representative of the appellant? >> yes, i'm representing the appellant. >> president walton: thank you so much. you may proceed. you have up to 10 minutes for your presentation. >> all right. are my slides available? >> president walton: hold on one >> clerk:just one moment and we'll have operations place the slides so that they are visible >> that's not my slides. i am representing the san francisco crist cran center. we are appealing the decision to approve the conditional use of authorization for 5801 mission street. next slide. we would like to consider the location, 300 feet around 5801 mission street, our location, san francisco christian center holds our kids first. and after-school programs that is a district provider for san francisco unified with signed contracts. we should be considered an entity, under the direction of the school district. in relation to that, we have woody's liquor that is across the street from the establishment. we have the connection which is a bar, and lucky vans tattoo parlor. next

winds and the appellant wins what? the appellant cannot sell this permit, that has become very clear. so we can rise and show we are synthetic it will make us feel god, but it won't do any good. i just want to put that forward and i really want to hear, i like that extra piece of information. what i conjecture and maybe if we are going to kick this one to a later date, i'd like -- i'd like counsel also while they're doing that history to clarify something and i want to see this elegantly instead of in an accusatory fashion. i smell the smell of benign neglect and i smell that what we have is a relatively new attorney on the case, and sheriff in town who's done his job and is holding permit holders accountable for the terms and conditions of their permits whereas potentially and this is what i smell his predecessor didn't do such a good job. so here you have somebody who is trying to do their job and that's why we're here today and it's just very possible that we'll find that the predecessor didn't do the job so well. s

is there another caller if the queue in support of the appeal or appel? -- appellant? >> hello? >> welcome. >> hello? >> welcome. >> as it sarah short with sun rise and we're also in support of the appeal of the project. there's a number of reasons. we think the last thing the tenderloin neighborhood needs right now is market rate group housing. the units are not going to be affordable to members of our community and we should do all we can to address the affordability while so many remain over crowded and rent burdened and living on the streets. group housing by definition is considered non-permanent housing. we need permanent housing in the neighborhood to afor families to build roots and help build the community here. we also need family housing. you can hear the disappointment from so many the project was originally intended to be family housing. that's where the need is right now and the fact that forge has not been willing to come to the table and look at alternatives to how to increase the unit size and serve families despite many requests to do so and even alternate prop

winds and the appellant wins what? the appellant cannot sell this permit, that has become very clear. so we can rise and show we are synthetic it will make us feel god, but it won't do any good. i just want to put that forward and i really want to hear, i like that extra piece of information. what i conjecture and maybe if we are going to kick this one to a later date, i'd like -- i'd like counsel also while they're doing that history to clarify something and i want to see this elegantly instead of in an accusatory fashion. i smell the smell of benign neglect and i smell that what we have is a relatively new attorney on the case, and sheriff in town who's done his job and is holding permit holders accountable for the terms and conditions of their permits whereas potentially and this is what i smell his predecessor didn't do such a good job. so here you have somebody who is trying to do their job and that's why we're here today and it's just very possible that we'll find that the predecessor didn't do the job so well. s

having take an action to secure the commercial benefit of the facebook functionality, the appellants bear the legal consequences or facebook yet to comment on the decision the social network did. however, add the ability to disable comments back in march feature. a strange news outlet could not be forced to use to something though they say does restrict freedom of speech. this decision was time the exchange of ideas, incursions facebook uses to turn off a petune into for comments. i call on australia is attorneys general to address this normally and bring australian law into line with comparable western democracies clarity. my colleague new harvey discuss the issue with a panel of guest that needs to be accountability directly on those posting comments . and if you want to pursue those people, you can. but at the same time, if the media companies are encouraging this by doing what they publish on facebook or other platforms to generate interest to high rabble rousing click bite, then they need to share some of the blame it. it's supposed that people actually take comment section syri

the acts of the appellants in facilitating encouraging and their boy assisting the posting of comment spot. a 3rd party facebook uses rendered them publishes of those comments. the appellants attempts to portray themselves as passive and unwitting victims of facebook functionality has an air of unreality. having take an action to secure the commercial benefits of the facebook functionality, the appellants bear the legal consequences. so facebook yet to comment on the decision as where they do, we'll let you know the social network did. the ability to disable comments. you may recall back in march unless a feature is daily news, outlets may well know be forced to use themselves. something they say restricts freedom of speech. the the decision was signed me the exchange of ideas encouraging facebook uses to turn off a put unit is for comment. i call on australia is attorney's general to address this normally and bring australian law into line with comparable western democracies. on the larvae discuss the issue with a panel of guests that needs to be accountability directly on those post

having take an action to secure the commercial benefit of the facebook functionality, the appellants bear the legal consequences or facebook all yet to comment on the decision the social network did. however, add the ability to disable comments back in march. you feature faster strategy. news outlets may have to now introduce themselves something though they say will restrict freedom of speech. this decision will sign me the exchange of ideas encouraging facebook uses to turn off a petune into for comments. like is attorney's general to address this normally and bring australian law into line with comparable western democracies. the my colleague niel harvey discussed the issue with a panel of guests that needs to be accountability directly on those posting comments. and if you want to pursue those people, you can. but at the same time, if the media, facebook, or other platforms to generate interest, to have those little rabble rousing play bite, then they need to share some of the blame it. it's supposes that people actually say, comment section, seriously, most people read comments

the acts of the appellants in facilitating encouraging and thereby assisting the posting of comments by the 3rd party facebook uses rendered them publishes of those comments. the appellants attempts to betray themselves as passive and unwitting victims of facebook functionality has an air of unreality. having take an action to secure the commercial benefits of the facebook functionality, the appellants bear the legal consequences. so facebook, you had to come until the decision, but practically the social network did add the ability to disable comments back in march of features. daily news outlets may not be forced to use something they say the restrict freedom speech. this decision was sammy, the exchange of ideas, encouraging facebook. she was this to turn off a paternity for comment. i call on australia is attorneys general to address this anomaly and bring australian law into line with comparable western democracies. it's a good talking point. certainly neil harvey, discuss the issue with legal unless jennifer de master journalist and commentator chadwick more on privacy activist

having take an action to secure the commercial benefit of the facebook functionality, the appellants bear the legal consequences. well, facebook, she had to comment on the decision the social network did, of course, on a practical side, the ability to disabled comments back in march of feature was totally news. outlets may now be forced to use something with a restrict speed of freedom of speech. though this decision was time of the exchange of ideas incursions facebook uses to turn off a petune into for comments i call on australia is attorneys general to address this normally and bring australian law into line with comparable western democracies. we discuss it with a panel of experts, needs to be accountability directly on those posting the comments. and if you want to pursue those people, you can. but at the same time, if the media companies are encouraging this by skewing what they publish on facebook and other platforms to generate interest to, i was little rabble rousing, played bite, then they need to share some of the blame. it supposes that people actually take comment secti

the acts of the appellants in facilitating encouraging and their boy assisting the posting of comments by the 3rd party facebook uses rendered them publishes of those commons. the appellants attempts to betray themselves as passive on unwitting victims of facebook functionality has an air of unreality. having take an action to secure the commercial benefit of the facebook functionality, the appellant spare the legal consequences. will facebook yet to comment on the decision the social network did. however, the ability to disable comments back in march feature that a striking news outlets could be forced to use themselves something they say restrict freedom of speech. this decision was sammy, the exchange of ideas incursions facebook uses to turn off a put unit is for commons. i call on australia is attorneys general to address this anomaly and bring australian law into line with comparable western democracies. my colleague ne harvey discuss the issues earlier with our panel of guests. we need some accountability. yeah, that needs to be accountability directly on those posting comments.

having take an action to secure the commercial benefit of the facebook functionality, the appellants bear the legal consequences. facebook has yet to comment on the court decision and the social network did add the ability to disable comments back in march of feature that australia news outlets may now be forced to use something may say restrict freedom of speech. this decision was time. the exchange of ideas encouraging facebook uses to turn off a put unit is for comment. i called on australia's attorney general to address this normally and bring australian law into line with comparable western democracies. my colleague neal harvey discussed the issue earlier with our panel of guests. we need some accountability. yeah. that needs to be accountability directly on those posting the comments. and if you want to pursue those people, you can. but at the same time, if the media companies are encouraging this by doing what they publish on facebook and other platforms to generate interest to high rabble rousing, click bite, then they need to share some of the blame it. it supposes that peop

the appellant's appeal point one. the appellant argues that three dispensaries are enough and anymore constitutes suffering. supervisors clustering for cannabis retail is not supported by any city code. the project represents increased cannabis access for the neighborhood as the nearest dispensary is 3,143 feet from our location. whereas the city only requires us to be 600 feet away. the appellant does not dispense cannabis but their opinion here on the adequateness of meeting the community needs is not supported by their evidence. the appellant point two that you should not allow this dispensary because of the high density of children present near the project. ms. hanley as you heard have sensitive to the youth density concerns. to address this as you have heard from the planning department, the dispensary will not be designed to display any live cannabis products on the floor, nor will products be visible to children passing by. additionally, many of the youth facilities mentioned such as the learning hub by the app

for future use the back in iraq, appellate grammar impacts should be established by 2024. with scientists saying that at least 30 percent of the world versions need protection in the next decade, creating a refuge in areas like this was a long way to achieving that goal. and working with indigenous people is proving essential to safeguarding by diversity. can you tell me what the marine environment means to you and the people in the body to believe we can be separate or to see and whatever is in the say, may this what we oh yeah, we have to look after country. we have to keep it. i said was when i was young, i have to do it or i think i've always played a lot of paper. afraid, by the way, ah, ah, i am part of the ultimate told take indigenous community which is located in the highlands of central mexico. and for me, coming from an indigenous background means that i read my live in a more holistic way, one cross city, where we acknowledge that what we give to the earth is what the earth to us. and so it's our responsibility of human to protect that relationship. when i grew

they're designed for the buck in iraq, appellate guy marine pac. it's now in the planning phase and likely to cover the 6000 square kilometers is combined native title area integrating birth. martin size and indigenous cultural values for this early stage is rarely achieved the the now it's time to hit the water and planning into action differently. there was a carpet. i was by this morning. they better hope out of the pretty much say, alright, i live is a really big what i mean really made it was this is why they call it a search. all righty. the ranges jump off the boat right onto the turtles, back out the run around that eventually one quick. so straight on the credit for the last the the very good. what would be eligible to tell where they come from and that will be management. so it just says tagging this with it, that the individual tags on age one get blood the other one can still be time to move on to the main bite. and i've been trusted with the tape measure, little bit if you know the way the terrible things in handling with that was my l

supreme court and federal and state appellate courts across the country. she's argued twice before the supreme court prevailing in both cases and presenting many arguments and federal courts and state courts of appeals and clerked for clarence thomas, the dc circuit, received her undergraduate degree from princeton, magna cum laude from harvard and phd from the s university of cambridge. if i wasn't here speaking with you i would be a philosophy professor right now.ro please welcome the panel. [applause] >> we are going to start off with amy to give an opening view of what she wrote in her article in the cases that she covered which are blockbusters. >> thank you so much for having me and inviting me to write the article. happy constitution day and it is also the 82nd birthday today. i sort of had him in my mind when he retired so it was a shock to realize but we can all raise an apple and yogurt in his honor tonight. last term that we spent most of the day talking about was unprecedented in the sense that it was entirely remote and it was the first term w

much too long and economic distressni the appellation can counties around the region initiative to have concerted effort to bring development to the region to revolutionize southeastern to bring new water treatment centers to our state to champion flood protection measures to wrangle federal funding which he described and then to bring the fine arts and the locals are so appreciative with the state-of-the-art center from one of the initiatives from the taj mahal in his honor. that isn't the only place that commemorates is service if you visit southeastern kentucky you will drive around the rogers parkway and then part of the scholars program. and the even name the home of the kentucky splash waterpark the entertainment center. and then congress have been proud to work alongside the premier legislator for nearly four decades. we share the same priorities for the people of kentucky and a great future. he would not be the man without the support of his late wife shirley and their children. >> the longest-serving representative in kentucky history let us all give thanks to the public servan

they're designed for the back in iraq, appellate guy marine pac. it's now in the planning phase and likely to cover 6000 square kilometers is combined native title area. integrating modern science and indigenous cultural values from this early stage is rarely achieved. the, the now it's time to hit the water and planning into action. apparently there was a carpet outside this morning. they better out of the pretty much say, alright, i live is a really big what i mean really made it was, this is what i call it a search already. i the ranges jump on the boat right onto the turtle back. wow, the run around, but eventually one quick, so straight on the credit lose a lot of the other person. so what we'll be able to do is tell where they come from . and that will management, so it just says tagging with the individual tags on a want to get the other one can be the time to move on to the main bite. and i've been trusted with the tape measure. and the way that happens with a lot of things in handling with was my luke craft, but it doesn't harm them. green

and then the appellant. then the commissioners may ask questions of either party and we'll give the opposing party an opportunity to respond. finally, there will be discussion, deliberation, and a vote. and as a reminder, we only have four commissioners today which is a quorum and so we will need it to be unanimous anyway way we go. if there aren't any questions, then we can move right into the presentation and the first is the appellant. >> good morning. i am paul canelli, a board member with the italian heritage parade committee. i'll be introducing this followed by our president and frank monte will also be speaking. we're here today on behalf of the italian heritage committee. recently, we were denied a permit to use washington square park for a show to be held in conjunction with the italian heritage day parade which is happening sunday, october 10th. we believe this to be an arbitrary decision and we'd like to appeal that decision. we feel the entire commission should have a chance to hear our issue an

and he's going to have an audience with a local appellate court judge, and they're going to decide if he can be sent back to spain, extradited, or if this warrant has no, you know, true value. legally. he's already on a couple of occasions, been detained or the threatened of detention and other parts of the european union . and then he was let go. so it's not clear if he's actually going to be expedited, this is the 1st audience here in italy. he was arrested on thursday evening when he landed here interestingly to attend a culture on a political giving solidarity to a sardinian autonomous independent minded group. you may see behind me, members of that group with sardinian flag, the language they speaking katelyn in the language that some people speak sardanio is very similar if not the same. so there's a lot of sense here that this is illegal, that he shouldn't be detained. and that if anything he should be released summer leave or will be seeing the and coming hours today, he'll be able to leave, leave the court, leave detention and attend somebody's meeting to is planning or at le

and elizabeth prelogar is one of the most accomplished appellate litigators in this position.ominated nine cases in the supreme court. and hundreds of additional cases, outstanding choice, frequently referred to as-- deferred position referred to as the 10th justice. born in boise, idaho, ms. prelogar graduated summa cum laude before a masters at st. andrews scotland and went on to earn her jd magna cum laude from harvard and clerked once for late justice ginsburg and once for justice kagan and she was an appellate attorney. spent five years as a career attorney in the department of justice. as an assistant to the solicitor general and assistant special counsel in the office of special counsel worked for both democratic and republican presidents and came to to an appreciation for the traditions and practices of the office of solicitor generalment after returning to private practice at cooley llp, ms. prelogar was chosen to serve as the acting solicitor general, a role from january, 2021 until her nomination last month. two previous observations about her career, first, having

having take an action to secure the commercial benefits of the facebook functionality, the appellants bear the legal consequences. facebook has yet to comment on the court decision. the social network did add the ability to disable comments back in march, a feature that australia news outlets may now be forced to use something they say restrict freedom of speech. this decision was time. the exchange of ideas incursions facebook uses to turn off a put unit is for commons. i call on australia is attorneys general to address this anomaly and bring australian law into line with comparable western democracies. my colleague niel harvey discussed the issue earlier with our panel of guests. we need some accountability needs to be accountability directly on those posting comments. and if you want to pursue those people, you can. but at the same time, if the media companies are encouraging this by skewing what they publish on facebook and other platforms to generate interest, to have those little rabble rousing plate bite, then they need to share some of the blame it. it's supposed people actua

having take an action to secure the commercial benefits of the facebook functionality, the appellants bear the legal consequences. facebook has yet to comment on that court decision, but it looks likely that the strictly news outlets may now disable the comments feature or post few stories on social media, something they say restricts freedom of speech. this decision was time. the exchange of ideas encourage and facebook uses to turn off opportunities for comment . i call on australia is attorneys general to address this normally and bring australian law into line with comparable western democracies. well, let's discuss the ruling now with a panel of guests joined by chadwick, more journalist and compensated jennifer to master legal analyst and build new privacy activist and technology expert. thank you to you all. i'm sure you'll have strong opinions on this bit between you 1st each other as a, as a journalist, how do you feel about this? is it right the media being held responsible for 3rd party posts? it is interesting. it does appear. you know that it's going to staple speech, it'

i think the appellate court said the whole thing was moot because it no longer applies. do you envision them taking that off? i think they said something about it being a congressional issue, which i find strange for the supreme court to say. are you familiar with this at all? >> i am vaguely familiar. wasn't there supposed to be a congressional report on it? that is a sort of thing where the supreme court is like, we will let them work this out. >> there is a petition that got denied. >> there was certainly a petition recently that was very well done. >> it was denied. the supreme court basically said, not right now, not our place. >> the thing people do not get about the supreme court is they do not fix every problem it rose through the door the second it rose through their door. it is not their job, it is not with jurisdiction has them do and it would be a terrible idea to take the first case that pops up just because somebody asked. they are not on demand. the fact they said no does not mean they will never take it. they are waiting to see if the problem fixes itself

i believe that experience will serve me well as the appellate judge if confirmed. >> in july 2018 asw school alumni signed on to the letter expressing concern about then judge kavanaugh nomination to the supreme court. would you like to comment on that letter in light of your nomination quick. >> yes, thank you again chair durbin. the letter they referencedfe was addressed only to my law school administration and i signed it strictly in my personal capacity as a private citizen addressing my alma mater. i didn't write the letter i realized much of his rhetoric and was overheated and by signing that letter it created the impression that i would prejudge any case or fail to respect the authority of any supreme court justice or any of the courts presidents, then i sincerely apologize. throughout my legal career as a litigator and adjudicator i have respected the authority of every supremet' court justice and i have followed all of the courts presidents without reservation and i would continue to do so as a lower court judge if confirmed. >> thank you. justice robinson you have been on t

the appellation was about one page i care. my answer was on my bill so he can get him on my hands, math and things. so if i gave you most well, he didn't, it is i stayed at home and i mean for me i must be ready to spite all this much remain hopeful and don't know me doesn't one. 7 recently she found a job working for the bobo. cory along side has 7 children. the the work is here, don't use grinding or crushing machines to break down to run it into revel. only 100 the the the most will up most to be so much and it told me that even when heated run, it is extremely hard to break down around a 100 men and women toil away every day and her children work in the production line. my my my job back to back, why? my my van to call one phone to turn to the loan in my 120-0000 formula. the way the the face of the grub workers rest in the hands of one man a mara to form and like to challenge to his authority can lead to immediate dismissal. there was some i met about this other quite a little while until i mean, i mean that kind of tough

or the appellant's representative, even if the appellant found a qualified driver with a type a license etc., etc. and had that individual drive four hours a day during any 24-hour period on at least 75% of the business days, that still wouldn't fit the criteria of the permit's terms and conditions, correct? it would have to be the permittee. >> that is true. the permit hold the prop k medallion holder must be a full-time driver. now, there are more hours in weeks than a single driver. so a medallion holder who does fulfill that requirement of the medallion made in addition lease the medallion either to a taxi company or to another driver. >> commissioner: t fundamentally that's the reason why you're here today and this permit holder has been stripped of his permit is because according to the terms and conditions of the permit and the legislation, unless he can drive those four hours 75% of the time, then there's no way that he can qualify to maintain this permit, correct? >> that is exactly true. >> commissioner: okay. thank you. >> director: thank you. and we have a question from comm

impression cases because there is no precedent and it will work its way up to courtrooms and go to the appellately, it will go to the supreme court. it could easily happen. >> it is hard to see any large- scale, in my view, any large- scale type of approval for companies, especially the most sophisticated larger companies around for religious exemption. >> legal experts say employers must accommodate exemptions must that allow people to avoid vaccines if they are sincere. 190 law enforcement officers in san francisco, now, are seeking religious exemptions. it is unknown how many of those will be granted. >> employers are walking down a slippery slope and we don't know which way it will go. they could be very reasonable and they could do what they think is in the best interest of the employee and the employer without the knowledge of how they will rule on this. >> i'm wondering, haven't heard, maybe i'm just not looking in the right place, what the heads of some of these religions are saying about the covid-19 vaccine. >> reporter: pope francis has already come out to urge catholics to get that v

that's fine. >> reporter: friday, the appellate court reversed the lower court judge's decision to allowol districts to mandate masks without the risk of losing state funds. now the u.s. department of education is stepping in, the department's civil rights division announced it opened an investigation into the how the state's ban on mask mandates may a discriminate against disabled students, with heightened risk of severe illness and the school's ability to provide students with equal education, this comes after president biden called out some republican governors for resisting new federal vaccine requirements that could affect tens of millions of american workers in both the private and public sectors. >> some republican governors have been so cavalier with the health of these kids, so cavalier with the health of their communities. >> reporter: a number of republican lawmakers called the plan unconstitutional and a government overreach. listen. >> it should be a personal healthcare choice. this is not something that the government should mandate and a somebody shouldn't have to make the

you know, in the blue island of austin and perhaps some other -- once it starts getting into the appellatewhich is far more conservative than most people in austin, are you concerned about, you know, where this may go in the larger texas legal system? >> no question about that, jeff. you know, we have -- as we have more liberal district court level courts like in austin, we also have some more liberal appellate court systems and some more conservative ones. so this is going to create ultimately a clash, which will, i have no doubt, make its way to the texas supreme court and time will tell what that decision will ultimately be. >> senator -- >> and it's worth point outs that the texas supreme court, unlike some supreme courts, is an elected supreme court. so that means all of the members are republicans and it's a very conservative court. so i just think, as this moves through the process, planned parenthood has a very tough road in the texas legal system. >> senator davis -- >> can i -- >> go ahead. >> as long as planned parenthood and other abortion clinics can stave off the application

the outdoors during those times wearing long sleeves and of course, fda approved to this gator appellants. i just don't want another family to lose one so fast in. >> people that think that this is going away. >> according to the cdc. there is no treatment for west nile and 80% of people will not have any symptoms so far this year. california has reported at least 35 human cases across 15 counties and mosquitoes with west nile virus have been detected right here in the bay area. santa clara county's vector control district will be out tonight. they're going to be spraying parts of palo alto and mountain view affected areas include neighborhoods near west middlefield road and san antonio road. the treatment will start around 10 o'clock tonight and it's going to last about 3 hours. still ahead on the kron 4 morning news, we're getting a closer look. >> at body camera video showing what led up to a fatal police shooting in the east bay. we'll be right back after the break. >> welcome back to the kron 4 morning news. i'm reyna harvey. the time for you now for 29 approaching 04:30am, and it's

a lot of folks thought that they would issue an injunction and it would work its way through the appellate courts. none of that happened. >> right. so surely for the past 50 years and with greater intensity and the past 1020, we've seen state laws that are blatantly unconstitutional. >> why not both, though. the wire, if you will, and then right away there in joined until the court hears argument finds them ultimately unconstitutional. the idea that this one would be allow to to take plan to to really take effect a while. we're going to litigate the constitutionality of it is shocking. i think for many of us believed hope against hope. that of about constitutional rights image of the process would work itself out. that, you know, for republicans like that, i'm you know, i'm like our senator from maine. susan collins had that conversation. right. kevin ott, and there was a sense of like okay, know they're going to do this by so there's a sense of being, i guess. >> sheets and the but i have to say that advocates reproductive advocates the country have been preparing for this isn't a shot an